02-26-2003 Packet
CHESTERFIELD COUNTY
BOARD OFSUPERVlSORS
AGENDA
Page I of I
Meetin~l Date: February 26, 2003
Item Number: 2.
Subiect: County Administrator' s Comments
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Mr. Richard Melito and Mr. Chip Harris with the Freedom Flag Foundation would
like to present a Freedom Flag to the Board of Supervisors. The Freedom Flag
has been created to memorialize the victims of the terrorist attacks on
September 11, 2001.
Preparer: Lisa Elko
Title: Clerk to the Board
Attachments:
~'-] Yes
No
] #ooOoo,
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meetin~l Date:
Subject,
February 26, 2003
Item Number: 5.
Resolution Recognizing Mr. N. Everette Carmichael, Commissioner of Revenue,
Upon His Retirement
County Administrator's Comments:
County Administrator:
Board Action Requested:
The adoption of the attached resolution.
Summary of Information:
Mr. N. Everette Carmichael will retire as Commissioner of the Revenue after
having provided over 23 years of service to the citizens of Chesterfield
County.
Preparer:
Joseph C. Moore
Title: Deputy Commissioner
Attachments:
Yes ~ No
RECOGNIZING MR. N. EVERETTE "IKE" CARMICHAEL
UPON HIS RETIREMENT
WHEREAS, Mr. N. Everette "Ike" Carmichael will retire as Commissioner of the
Revenue from Chesterfield County on February 28, 2003; and
WHEREAS, Mr. Carmichael has served Chesterfield County faithfully since January
1, 1980, when he was sworn in as the newly-elected commissioner of the revenue; and
WHEREAS, Mr. Carmichael has served the citizens of Chesterfield with marked
integrity, making assessments and other determinations pursuing the letter and intent
of the law, regardless of popular opinion, external pressures, or consequences; and
WHEREAS, Mr. Carmichael made customer service a hallmark of his office, by
creating and improving processes that followed a business model and put the taxpayers
(his "customers") first; and
WHEREAS, during his 23-plus years as commissioner, Mr. Carmichael foresaw and
managed growth and change in his office and its procedures, as the county grew at a
pace ranking it among the fastest-growing in the nation for much of his tenure; and
WHEREAS, Mr. Carmichael oversaw the modernization of his office from manual
processes and keypunch-era technology, through .mainframe-driven implementation of
pro-ration of assessments, to modern networked PC environments that positioned the
office for the future; and
WHEREAS, Mr. Carmichael strengthened the equitable administration of tax
liability with the development of an audit program and professional audit staff that
promoted and ensured compliance and a proper distribution of the tax burden; and
WHEREAS, Mr. Carmichael understood the importance of his professional
responsibility beyond the office, and in so doing became an active proponent, in the
General Assembly and otherwise, of issues important to Chesterfield County and to his
fellow commissioners; and
WHEREAS, Mr. Carmichael achieved outstanding professional recognition through
certification from the University of Virginia Center for Public Service, as well as
through his participation and leadership as past president of both the Virginia
Commissioners of the Revenue Association and the Virginia Association of Locally
Elected Constitutional Officers; and
WHEREAS, Mr. Carmichael demonstrated outstanding civic and cultural leadership
in service as past commander of American Legion Post #186 (Midlothian), past master
of Clover Hill Masonic Lodge #253 AF & AM, past county chairman for the American
Heart Association, past moderator of the Middle District Baptist Association, active
member of Central Baptist Church, representative to the Virginia Baptist Board, and
member of the Chesterfield Emergency Planning Committee; and
WHEREAS, more than anything else, Mr. Carmichael has been a loyal friend to
many, a loving father, and a devoted husband, whose sense of humor and compassion
endures and still engages us.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors, this 26tn day of February 2003, publicly recognizes the contributions of
Mr. N. Everette mike" Carmichael to the citizens and administration of Chesterfield
County, and extends appreciation for his commitment to the county, congratulations
upon his retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to
Mr. Carmichael and that this resolution be permanently recorded among the Dapers
of the Board of Supervisors of Chesterfield County, Virginia.
00000;3
CH ESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meetin~l Date: February 26, 2003
Item Number: 6.
Subiect:
Work Session on County Administrator's FY2004 Proposed Budget
County Administrator's Comments:
County Administrator:
Board Action Requested:
Hold a work session on the County Administrator's FY2004 Proposed Budget
Summary of Information:
This time has been set to continue work sessions on the County
Administrator's FY2004 Proposed Budget. This is the second of five budget
work sessions. On February 12th, staff presented FY2004 projected revenues
and the Community Services Board budget. During today's work session Human
Services and School Board budgets will be reviewed.
On March l0th budget presentations for Social Services, Police, Fire and
Emergency Medical Services will be made. On March 12th a review of the
County Administrator's Proposed FY2004 Expenditure Budget is scheduled, in
addition to presentations for Management Services and the Constitutional
Officers. Presentations from the Community Development Division and the
Community Development Block Grant Office are scheduled for March 26th.
Preparer: Rebecca T. Dickson
Title: Director, Budget and Manaqement
Attachments:
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 5
Meetin~l Date:
February 26, 2003
Item Number: 8.A.
Subject:
Advertisement of Tax Rates for FY2004 Biennial Financial Plan and Set
Public Hearings
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize Advertisement of Tax Rates, the Proposed FY2004 Biennial Financial
Plan, Proposed FY2004-2010 Capital Improvement Program, Proposed FY2004
Community Development Block Grant Program, and other ordinance changes and
set public hearings for March 26, 2003 for these items as outlined below.
Summary of Information:
Public hearings are scheduled for March 26, 2003 on proposed tax rates, the
Proposed FY2004 Biennial Financial Plan, the Proposed FY2004-2010 Capital
Improvement Program, the Proposed FY2004 Community Development Block Grant
Program, and other ordinance changes. Advertisement requirements differ
depending on the item.
The County Administrator's FY2004 Proposed Biennial Financial Plan will
include a recommendation for an increase in the following revenues to cover
the cost of services. Ordinance changes needed to achieve the revenues
included in the Proposed FY2004 Biennial Financial Plan are outlined on the
following pages.
Preparer Title: Rebecca T. Dickson,
Director of Budget & Management
Attachments:
Yes ~No I# 0000~
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 5
Meetin l Date: February 26, 2003
Summary of Information (cont.):
These increases were presented to the Board at the revenue work session on
February 12tn.
Utility Fee Changes:
The Proposed FY2004 Biennial Financial Plan includes a recommendation to
continue the fourth and final $250 increment of planned increases in the
water connection fee to provide additional capacity.
The current rate structure requires that the cost of projects that provide
additional capacity to support continued development be recovered from
capital cost recovery charges. To provide the required funds, it is
necessary to increase the water capital cost recovery charge by $1,000.
Effective July 1, 2000 (FY2001), the Board of Supervisors approved the first
year of a $250 four-year phase-in for this increase from $2,592 to $2,842.
For FY2002, the phase-in continued with a second $250 increase from $2,842 to
$3,092. For FY2003, a third $250 increase from $3,092 to $3,342 was approved.
For FY2004, staff is recommending the fourth and final phase-in with a $250
increase from $3,342 to $3,592 effective July 1, 2003.
The Proposed FY2004 Biennial Financial Plan also recommends a 4.7% increase
in water charges and a 2.9% increase in wastewater charges. The water
increase is being recommended to cover an unexpected $10 million cost
increase from the City of Richmond for capital improvement projects. The
requested increase in water charges equates to $1.26 on an average bi-monthly
bill. The requested wastewater increase is primarily to cover $17 million
for nutrient removal facilities at wastewater treatment plants due to the
Chesapeake Bay Act. The requested increase in wastewater charges equates to
$1.08 on an average bi-monthly bill. With the combined increases, an average
bi-monthly bill would increase approximately $2.34.
Planning Fee Changes:
The Proposed FY2004 Biennial Financial Plan also includes a recommendation to
increase the current rates for many of the development review fees (in an
effort to recover the costs of performing development reviews). Staff is
proposing to adjust these fees annually for three years to attain the goal of
covering approximately 80% of the Planning Department's cost for these
services. The Adopted FY2003 Biennial Financial Plan included the first
000057
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 3 of 5
Meetin l Date: February 26, 2003
Summary of Information (cont.):
phase of increases as well as a five percent reduction to commercial
development review fees. The Proposed FY2004 Biennial Financial Plan includes
the second phase-in of fee increases. If implemented, the recommended fee
increases for development review would recover approximately 62% of the cost
of providing reviews. These fee increases are anticipated to generate an
additional $87,800 in revenue above the FY2003 adopted level.
The proposed financial plan also includes a new $25 per dwelling unit fee(at
the time of building permit) to cover expenses directly related to reviewing
residential building permits and certificate of occupancy reviews conducted
in the field. This fee increase would generate approximately $62,000 and
would cover the cost to create an additional construction inspector position
to handle the increased workload in the area of proffered conditions
enforcement. This position would help to improve customer service by
reducing inspection time.
Staff is also requesting minor technical amendments to the ordinance lanquage
consisting of clarifications that align more closely with the Board's intent
to distinguish between fees charged for residential and commercial
development proposals.
The Planning Commission held a public hearing on these amendments at the
February 18, 2003 meeting. The Planning Commission approved a recommendation
to limit the increase in any single fee category to no more than 20 percent.
Doing so will reduce the projected revenue in the County Administrators
proposed FY2004 budget by approximately $30,700.
Environmental Engineering Fee Changes:
The Proposed FY2004 Biennial Financial Plan includes a recommendation to
implement a new $1,000 fee in the Environmental Engineering area for
resubmittal of previously approved subdivision plans. This is a fee that
would only be charged when a project or plan that has already been reviewed
and approved by staff is resubmitted by a developer or engineer for a
requested change not initiated by the county. Resubmitted, previously
approved plans account for about 34% of staff review time--or the equivalent
of one engineer position. This fee is anticipated to generate about $20,000 in
FY2004. However, future revenue generated from this fee should decrease as
the private sector implements process improvements within their own
organizations to reduce the need for resubmittals.
00005
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 4 of 5
Meeting Date: February 26, 2003
Summary of Information (cont.):
Fire Department Fee Changes:
The Proposed FY2004 Biennial Financial Plan also includes a recommendation
to implement a new $400 burn permit fee for open burning of large volumes
of materials. This fee would be used to fund a new position in the Fire
Marshal's office to help regulate and monitor open burning. This fee would
only address open burning of material in excess of 320 cubic feet, which
excludes the homeowner burning tree or grass trimmings. Estimated revenue
in the first year is $90,000 based on 225 permits being issued.
Building Inspection Ordinance Clarifications:
Staff is also requesting to hold a public hearing to make clarification
type changes in the ordinances that relate to building inspection. No rate
increases are proposed. These clarifications, in some cases, will change
the rates to a flat rate versus a calculation of the estimated cost of the
improvement. An example would be the cost of a permit inspection for a
retaining wall. Currently this cost would be based on the estimated value
of the retaining wall; and therefore, the customer would have to know the
value and the permit fee cost would be a formula based on that value. The
proposed code change being recommended would state a specific flat rate for
the inspection of a retaining wall. Some other clarification examples
relate to electrical and plumbing fees, providing cost differential, based
on whether an electrical or plumbing ~rough in" inspection is required or
not. All of these code changes are being recommended to clarify for
builders whether or not a fee is required and, if so, the exact amount of
the fee. The proposed changes are expected to improve service to our
customers. In all cases the resultant fee clarification will not increase
the permit fee paid by an applicant.
Proposed Tax Rates:
The Board must advertise a rate of assessment for each tax classification for
the 2003 tax year. Advertisement of a specific rate leaves the Board
flexibility to adopt any rate up to the advertised rate. The proposed tax
rates are:
Real Estate
Personal Property
Personal Property Tax for members of volunteer
Rescue squads, volunteer fire departments,
volunteer police chaplains, and auxiliary police
$1.07
$3.60
$0.96
000059
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 5 of 5
Meeting Date: February 26, 2003
Summary of Information (cont.):
Personal Property Tax for Wild or Exotic Animals
Personal Property Tax for Motor Vehicles that use
"clean and special fuels"
Personal Property Tax for Motor Vehicles, Trailers,
And Semi-Trailers with a gross weight of 10,000
pounds or more
Machinery and Tools
Airplanes
$0.01
$3.24
$0.96
$1.00
$0.5o
The Code of Virginia requires that public hearings on the budget and on tax
rates be held at different times but can be held on the same day. Therefore,
public hearings are planned to be advertised as follows:
Proposed Ordinance changes: 7:00 p.m.
Proposed Tax Rates: 7:10 p.m.
Proposed FY2004-2010 Capital Improvement Program: 7:15 p.m.
Proposed FY2004 Community Development Block Grant Program: 7:20 p.m.
Proposed FY2004 Proposed Biennial Financial Plan: 7:30 p.m.
000060
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 18-22 RELATING
TO WATER CONNECTION FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 18-22 of the Code of the County of Chesterfield, 1997, as amended,
is amended and re-enacted to read as follows:
Sec. 18-22 Connection fees.
ooo
Co) The capital cost recovery charge shall be:
Customer Class
Capital Cost Recovery Charge
Meter Number
Size of ERU's
(inches) per Unit Water Wastewater
(i)
(ii)
(iii)
(iv)
For a dwelling, single-family, 5/8
including townhouses,
mobile homes that are not
located in a mobile home park,
and individually metered multi-
family dwelling units.
For a dwelling, two-family 5/8
(per uniO
For mobile homes that are
located in a mobile home park
and for master metered multiple-
family dwellings (per unit)
For all other customer classes
1.00 $ 3,342.00 $ 3.592.00 $ 1,465.00
1.00 $ 3,342.00 $ 3,592.00 $ 1,465.00
0.85 $ 2,84!.00 $ 3,053.00 $ 1,245.00
5/8 1.00 $ 3,342.00 $ 3,592.00 $ 1,465.00
1 2.50 ~e v,~..vvQ=~nn$ 8,980'00 $ 3,663.00
1½ 5.00 $ !5,7!0.00 $ 17,960.00 $ 7,325.00
2 8.00 $ 26,735.00 $ 28,736.00 $ 11,720.00
3 16.00 ,e ~,~ ,~','~..-.wan $ 57,472.00 $ 23,440.00
4 25.00 $ 83,550.00 $ 89,800.00 $ 36,625.00
6 50.00 ,..v,,.w.~ve~'~'* ~nnnn $179,600.00 $ 73,250.00
8 80.00 $257,350.00 $287360.00 $117,200.00
10 115.00 $38a.,330.00 $413,080.00 $168,475.00
12 155.00 $5!8,0!0.00 $556,760.00 $227,075.00
The capital cost recovery charge for meters that are larger than 12 inches shall be determined by
the director based on the number of ERU's per unit.
(v) The capital cost recovery charge for a dwelling that is served by a meter that is larger
than five-eights inch shall be the same capital cost recovery charge in subsection (b)(iv).
0505:60527.1 1
00006:1.
Sec. 18-27. Utility charges.
Effective January 1, 1999, the
accordance with the following schedules:
(a)
OOO
consumer shall pay charges for utility service in
Monthly service charges. The monthly service charge shall be:
(1)
Customer cost charge. A customer cost charge of $0.99 for each service
account. However, customers who have only a water account or a
wastewater account shall pay a customer cost charge of $1.98.
(2) Commodity cost charge.
(i) Water: $!.!7 $1.24 per 100 cubic feet (Ccf).
(ii) Wastewater: $!.25 $1.31 per 100 cubic feet (Ccf).
(2) That this ordinance shall become effective July 1, 2003.
0505:60527.1 2 {ii} O O O~ ~
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED,
BY AMENDING AND RE-ENACTING SECTION 8-13
RELATING TO EROSION CONTROL FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 8-13 of the Code of the County of Chesterfield,
amended, is amended and re-enacted to read as follows:
Sec. 8-13. Fees.
1997, as
(a) The applicant shall pay a program administration fee to the county at the
time that he submits to the environmental engineer an erosion and sediment control plan.
The amount of the fee shall be:
(i)
For an erosion and sediment control plan for land which is 10,000
square feet or larger and not located in a proposed subdivision:
$1,060.00, plus $50.00 for each acre of land to be disturbed.
(ii)
For an erosion and sediment control plan for land which is 10,000
square feet or larger and located in a proposed subdivision:
$1,060.00, plus $50.00 for each lot.
(iii)
For an erosion and sediment control plan for land which is less
than 10,000 square feet and is not to be used for a single-family
residence: $100.00.
(iv)
(v)
For any building permit application or erosion and sediment
control plan for land which is less than 10,000 square fee and is to
be used for a single-family residence, separately built or any
amendment thereto that changes the proposed building footprint
from that of the initial submission: $40.00.
For resubmission of all or part of an erosion and sediment control
plan for a subdivision or residential development for which plan
approval has previously been granted~ there shall be a fee of
$1,000.00 unless the resubmittal was requested by or on behalf of
the County.
ooo
(2) That this ordinance shall become effective on July 1, 2003.
0505:60528.1 1 000063
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTION 5-5 RELATING TO
BUILDING PERMIT FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 5-5 of the Code o. f the County o. f Chesterfield, 1997, as amended is
amended and re-enacted to read as follows:
Sec. 5-5. Permit fees.
(a) Generally. Except as provided in this section, every applicant for a building
permit must pay the fees set forth in this section before the building official issues a
building permit *~'o*.~_. ~ ;o , as required by the Virginia Uniform Statewide Building Code. If
makes a change in the scope of work, ~,~..~ ,,,m,~i.~..~ ~.g ,,m,.;o~.~.~ o,~n ..~"~*; ...........
amendment is required ~d additional fees may be assessed ~ accordance
section.
(b) Fees shall be charged in accordance with the follOwing schedule:
(1) General fees:
ao
State levy: The Commonwealth of Virginia imposes a state levy on all
permit fees to fund the state's continuing education and training program
for building inspection. All applicants shall be charged the state levy at
the same rate charged to the county by the state.
AdministratiVe fees: -.~.~-;* ....~..~..,o ~..,..~o;,...o ,or ........ ~..oco.o
~d re'~nstatements... $40.00
i. Change in construction plans and/or setbacks .... $40.00
(1)
If the amendment results in a change in the scope of work~
additional permit fees may be assessed in accordance with
this section.
(2)
Change in contractor or lien agent, extensions, take-overs,
transfers, reinstatements, and permits for CO purposes...
$4O.00
(3)
Footing and foundation permits: available for permit
holders accepting risk to commence with
0505:60589.
feoting/foundation construction prior to building permit
approval ..... $40.00
(4)
Change of use or change of occupancy (no work being
dOne) .... $50.00
(5)
Credit card fees. All applicants who pay fees by credit card
shall pay the credit card company's charge for use of the
card, in addition to the permit fee.
Code investigation fees:
Residential: 25 percent of applicable permit fee' or $25.00, which
ever is greater or
ii.
Commercial: 25 percent of applicable permit fee, or $50.00, which
ever is greater,v.^~ -~ '~ ~ p ~. ~...+ ^ry. m...~ .... ~,.~.~.~.v.~; ~-I ~ Fe. ~rrn~.t fee, ;.f gre°~er
Reinspection fees:... $40.00
Refund requests (;,:hen .... ,,--,-.+; ......... * ~*""~':"*~ Refunds shall be
allowed only in cases where construction was not started and shall be as
follows:
i. Residential: 25 percent of applicable permit fee, or $40.00, which
ever is greater "~ '~ ...... · ~,F ,~,,-~,~;,,,ol 4' .... ,h;~h ..... ; ..... +~
ii. Co~ercial: 25 percent of applicable pe~it fee, or $100.00,
which ever is greater or ~c Fercevx ~r ~;.;.~ c .... ,h;~ ..... ;~
iii. Enviromental engineering fees and stme lew are not readable.
Tempor~ ceaificates of occup~cy ~d renewals:
i. Residemial building pemits... $40.00
ii. Co~ercial building pe~i~:... $100.00
(1) "Tenet upfit" pe~its, where work is incomplete under ~e
"shell" pe~it .... No ch~ge.
OOO065
0505:60589.1 2
(2)
Residential building permits:
a. Single-family dwellings... $480.00
b. Modular/manufactured/mobile homes:... $200.00
i. Industrialized buildings, modular homes (without a permanent
chassis)... $200.00
~ ii. Mobile and manufactured homes on private property... $80.00
d,. iii. Mobile and manufactured homes in a mobile home park... $40.00
~c. Additions, ~o~,,.,~.,, .......... a o~,~.o,;~.,,o and other accessory
structures:
~ i. Florida rooms, attached garages, detached garages with secend
fleer occupiable space... $240.00
~ ii_ Detached garages (no second floor occupiable space, double-door
car shed and finished pool house)... $200.00
i-w. iii. Alterations, and converting deck/porch/garage to finished space..
· $120.00
~. iv___:. Porch and chimney additions, g~ebos, cbJ~meys, o~nd a~ached
ca-pens... $120.00
~. v_ Deck, carport, gazebo, dormers, greenhouse, handicapped ramp,
unheated pool house, retaining wall, and boat dock with roof
.,~;+; ..... ~ ~.+o.-.,,.:.~ .... ~ $80.00
,,n vi. A~ched s Sheds:... $80.00
Greater than 150 square feet including prefab sheds on
skids and pole sheds·.. $80.00
Less than 150 square feet and costing less than $500 in
materials and labor... No permit required
vii. Other additions... $280.00
0505:60589.1 3 000066
Renovations and repairs,--~--~---t,r;"o"'~;"' ...~r'~'~ drainage):
i.
111.
iv.
Other residential permits:
~. i_ Residential foundation pour inspections... $335.00
(1)
Renovation, alteration or conversion:
(1) Resulting in a change in use of square footage. Unfinished
space to finished space (with no new footings)... $80.00
(2) Resulting in no change in use of square footage, where a
rough-in inspection is required...$80.00
Exterior renovation and storm damage repairs.., $40.00
~ .....eo ....;~; ....'~ cChimney relining $40.00
Fire damage repair permits: shall be based upon the most similar
permit fee and shall be a minimum fee of $80.00
Floor ioist and foundation repair... $40.00
(2)
(3)
Additional fee if concrete testing is required because out-
of-specification concrete is used... $100.00
Additional fee for reinspection when inspector is present
and the concrete pour has been canceled or delayed in
excess of one hour... $100.00.
As an altemative to the county's foUndation pour
inspection, the building official may accept inspection
reports from qualified, independent engineers who are
approved and reliable.
;5'i. ii_Swimming pools (above and in-ground)... $40.00
;'iii. iii_.~.Pool barrier fences (if permitted separately from pool).. $40.00
i~. iv._:. Relocation (house moving)... $160.00
~. v. Demolition... $40.00
0505:60589.1 4 O O O O 6 7
(3)
~. vi. Elevator and wheelchair lift... $40.00
Residential auxiliary permits:
a. Electrical residepXia! auxi!i~'T pemnits:
i. New single-family dwellings... $120.00
bo
ii. Industrialized building (modular home)... $80.00
~ iii__:. Additions, ~d ivXerier renovations, and conversions:
(1) Where rough-in inspection is required... $80.00
(2) Where rough-in inspection is pre-existing...$40.00
iv. Tempor~ poles,
relocation, se~ice change, installation, replacements, rep,s ....
$40.00
v. Mobile or m~uhcmred homes on private prope~... $40.00
vi. Mobile or m~uhctured homes in a mobile home p~k Oook-ups
only) . No fee
Gas ~o~a~,,~ auxi!imD ....
Na~al g~ - all new installation:
(1) G~ piping, prop~e t~ anWor product line...$80.00
(2) Gas piping to appli~ces o~y... $40.00
(3) Prop~e t~ and/or product line oNy... $40.00
ii. Repairs or replacement wi~ like appliance... $40.00
0oo06S
0505:60589.1 5
(4)
i. Ne::' s'~ng!e fm,~',,i!y dwe!Hngs... $80.00
$40.00
;;; Mobile ....... vo~, .... ~ homes .... ;"o* ......~*" san an
i. Heating, venting and air conditioning (HVAC):
(1) New system installation... $80.00
(2) System replacement with new ductwork... $80.00
(3) System replacement without new ductwork... $40.00
ii. Woodstove installation... $40.00
iii. Fuel tank installation and/or removal... $40.00
d. Plumbing ,~o;~.,,;
i. New residential single-family dwellings, condo, town_house, and
duplex (per unit)... $160.00
ii. Industrialized building (M modular homes)... $120.00 80.00
iii. Additions, renovation and conversion:
Where rough-in inspection is required... $80.00
Where rough-in inspection is pre-existing.. $40.00
$40.00
m iv_~. Mobile or manufactured homes on private property... $40.00
e. Boiler, fire and well residential auxi!im3' permits (each single-family
dwelling)... $40.00
.,.,,,,,-,-,,.,o T-,,,,..,..,.;A.;-g,o..,..o ,,,,ri-,:..,. T.,,:.~+~-...o Alok,,moh,,,,o ,-..,~.,-1.,,~,~-,~ A.;o.,.,,.-,o,~lo ,~.,..,A
Commercial building permits:
0505:60589.1 6 00006~
New construction:
Fee for each $1,000 or
construction cost... $6.20
ii. Minimum fee... $250.00
fraction thereof of the estimated
Additions:
i. Fee for each $1,000 or fraction there of the estimated construction
cost... $6.20
ii. Minimum fee... $150.00
Tenant upfits, re-roofs, pavilions, ,-,-~,~ bu/!d'ings concrete slab, elevator~
escalator, wheelchair lift and accessory structures, repairs and renovations:
i. Estimated cost of $2,000 or less... $100.00
ii. Fee for each additional $1,000 or fraction thereof of the estimated
construction cost above $2,000... $6.20
Communication tower... $200.00
Retaining wall ... $100.00
Tents (greater than 900 square feet)... $40.00
Construction/classroom/office trailer installation or relocation... $50.00
&h.
Signs:
i.
ii.
Estimated cost of $2,000 or less... $50.00
Fee for each additional $1,000 Or fraction thereof of the estimated
construction cost... $5.50
Commercial swimming pools:
i. Estimated cost of $2,000 or less... $150.00
ii. Fee for each additional $1,000 or fraction thereof of the estimated
construction cost... $5.50
iii. Barrier permit, if permitted separately from the swimming pool
permit... $50.00
0505:60589.1 7 0 0 0 070
(5)
(6)
Flag poles and tents (greater than 900 square feet)... $40.00
Satellite dish... $100.00
Demolition, ma;4ng ~r re!ecatien of a commercial structure... $100.00
Commercial auxiliary permits:
a. Te :mc!'-'-de e Electrical, mechanical, plumbing, gas, active solar system,
~d boiler, and well permits, when the cost of labor and materials 'inve!;,ed
for installation, alteration, replacement and/or repair is (rounded up to the
nearest dollar):
i. $1,000 or less... $50.00
ii. For each additional $1,000 or fraction thereof, of the estimated cost
over $1,000... $5.50
b. Te 'inc!ude ~ire/sprinkler and alarm installations, alterations, replacement
and/or repairs when the cost of labor and materials is:
i. $1,000 or less... $50.00
ii. For each additional $1,000 or fractiOn thereof, 'of the estimated
costs over $1,000... 6.20
Other commercial permits:
a.
Annual certificate of compliance for elevators, escalators (per floor),
dumbwaiters and man lifts, payable on or before December 31st for the
following year... $40.00
Amusement devices:
i. Administrative amusement permit, where no inspections are
required... $10.00
ii. Kiddie rides - Type A... $10.00
iii. Kiddie rides - Type B... $15.00
iv. Major rides... $25.00
0505:60589.1
v. Spectacular rides... $45.00
(7) Fee exemptions:
A building permit fee will not be required where the cost of construction is
less than $500.00 and would not require securing any permit for electrical,
gas, mechanical or plumbing work in accordance with Section 107 of the
Virginia Uniform Statewide Building Code.
A building permit fee will not be required for the construction of buildings
designed and used as a place of worship.
Co
A building permit fee will not be required for building permits for
construction by county departments funded by the general fund.
A building or auxiliary permit fee Will not be charged. for commercial
construction located in an "enterprise zone" as designated by the
Commonwealth of Virginia and administered by the Chesterfield County
Block Grant Office. This exemption shall continue for the life of the
enterprise zone.
(c) Disposition of fees. All permit fees required by this section shall be paid by the
applicant to the county treasurer when the permit application is filed with the building
official. The treasurer shall deposit all permit fees in the county's general fiand.
(2) That this ordinance shall become, effective immediately upon adoption.
0505:60589.1 9 0 0 0 0'~
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield
that for the year beginning on the first day of January, 2002 2003, and ending on the
thirty-first day of December, 2002 2003, the taxes on property in all the Magisterial
Districts of the County of Chesterfield shall be as follows:
See. 1. Real Property and Mobile Homes.
On tracts of land, lots or improvements thereon and on mobile homes the tax shall
be $1.07 on every $100 of assessed value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on
all tangible personal property used or held in connection with any mining, manufacturing
or other business, trade, occupation or profession, including furnishings, fumiture and
appliances in rental units, the tax shall be $3.60 on every $100 of the 'assessed value
thereof.
(b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of
Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value
thereof.
(c) On motor vehicles owned or leased by members of volunteer rescue
squads, volunteer fire departments, volunteer police chaplains and by auxiliary police
officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as
amended, the tax shall be $.96 on every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by SeCtion 58.1-3506 ofthe Code of
Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value
thereof.
(e) On motor vehicles which use clean special fuels as defined in Section
58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every
$100 of the assessed value thereof.
(f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of
10,000 pounds or more used to transport property for hire by a motor carrier engaged in
interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof.
0505:60524.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible personal property of public
service corporations which has been equalized as provided in Section 58.1-2604 of the
Code of Virginia, 1950, as amended, the tax shall be $!.98 1.07 on every $100 of the
assessed value thereof determined by the State Corporation Commission.
(b) The foregoing subsections to the contrary notwithstanding, on automobiles
and tracks belonging to such public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining business the tax shall
be $1.00 on every $100 assessed value thereof.
0505:60524.1
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING
SECTIONS 17-11, 19-25 AND 19-279 RELATING TO APPLICATION FEES
FOR SUBDIVISION, ZONING, SITE PLAN AND OTHER PLANNING APPROVALS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 17-11, 19-25 and 19-279 of the Code o. f the Coun .ty o. f Chester. field,
1997, as amended, are amended and re-enacted to read as follows:
Sec. 1%11. Fees.
The £ees £or processing subdivisions by the county shall be payable upon submission of
the plats to the county for tentative or final approval and shall be equal to the following:
(a) Tentative subdi~vision approval, or resubmitml of an expked previously approved
tentative:
(1) Original submittal, including up to two resubmittals... $3 !0.00 330.00
(2)
Plus, per lot... 20.00
Renewal of previously approved tentative, including up to two
resubmittals in accordance with provisions of section 17-32... 310.00
330.00
(3)
Plus, per lot... 20.00
Third and subsequent submittal for (1) and (2), per submittal... 2!9.99
220.00
(4)
(s)
Substitute to approved tentative, per submittal... 50.90 60.00
Adjusted tentative for previously approved tentative, including up to two
resubmittals... 3 ! O.00 330.00
Plus, per lot... 20,00
Third and subsequent submittal, per submittal... 2!0.00 220.00
(b)
Final check, amended and resubdivision plat review:
(1) Final check subdivision plat review... 680.00 720.00
(Only one base fee will be required for final check plats
required to be submitted in multiple sections due to
provisions of section 17-42.)
1923:59742.2
1/30/03 1:22 p.m.
OO007S
Plus, per lot... 10.00
(2)Final check resubdivision plat review... 520.00 560.00
Plus, per lot... 10.00
(3) Final check amended plat review... 3 ! 0.00 330.00
Plus, per lot... 10.00
(c) Minor subdivision plat review... 310.00 330.00
(d) Residential parcel subdivision, per parcel... 35.00
(e) Parcel line modification review, per parcel... 25.00
(f) Appeal of decision of director of planning... 270.00 290.00
(g) Onsite sewage disposal system soils analysis review, per lot/parcel... 155.00
(la) Request by applicant to defer Planning CommissiOn consideration of plat, per
request:
(1) 40 or fewer days... 250.00
(2) More than 40 days... 150.00
(i) Request by applicant for engineering department to transfer to electronic format
such' non-electronic information for townhouse projects regarding contours,
boundaries of impervious areas and delineation of storm sewer lines as set forth in
§ 17-32(d)... $75.00
Alternatives to chapter per section 17-8... 380.00
Plus any applicable plat review fee
ooo
See. 19-25. Fees.
The following fees, which include the costs of hearings, advertisements and notices when
required, shall be deposited simultaneously with the filing of the application:
(a)
(1)
Zoning reclassification:
Without conditional use planned development:
a. Rezoning to R, R-TH, R-MF, MH or A classification..
3,300.00
1923:59742.2 2
1/30/03 1:22 p.m.
000076
Plus, per acre for the first 200 acres... 80.00 100.00
Plus, per acre over 200 acres... 49.00 50.00
b. Rezoning to O, I, or C classification... 1,520.00
Plus, per acre for the first 200 acres... 50.00
Plus, per acre over 200 acres... 20.00
(2) With conditional use planned development:
a. Rezoning to for any R, R-TH, R-MF, MH or A cl~sificafien use..
· 4,390.00 5,800.00
Plus, per acre for the first 200 acres... 89.00 100.00
Plus, per acre over 200 acres... 40.00 50.00
b. Rezoning to for any O, I, or C classifizatien use... 2,660.00
Plus, per acre for the first 200 acres... 60.00
Plus, per acre over 200 acres... 20.00
(3) No applicant for a zoning reclassification for any office, commercial or
industrial use within an enterprise zone designated by the Commonwealth
of Virginia shall be required to pay a fee, provided the director of planning
determines that the request is in compliance with the comprehensive plan.
This exemption shall continue for the life of the Enterprise Zone.~
The fee exemption for the Jefferson Davis Highway Enterprise Zone
expires on December 31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
Conditional uses and manufactured home permits:
(1) Manufactured homes permits:
a. .New... 550.00
b. Renewal... 250.00
(2) Family day care homes:
a. Existing zoning R, R-TH, R-MF, MH or A classification...
250.00
b. Existing zoning O, I, or C classification... 240.00
1923:59742.2
1/30/03 1:22 p.m.
00007?
(3)
(4)
1923:59742.2
1/30/03 1:22 p.m.
Planned developmem:
Without zoning reclassification:
(i) *7-,;o*; ..... ;,,- request for R, R-TH, R-MF, MH or A
......... ~ ....... ~ Any
,-~'~o;~-"';""~ uses... 3,800.00 5,200.00
Plus, per acre... 49.90 50.00
(ii) ~,-~--t,*;"~°*;"'~ zening Any request for O, I, or C classificatien
uses... 2,380.00
Plus, per acre,.. 10.00
b. With zoning reclassification:
(i) Rezoning to for any R, R-TH, R-MF, MH or A
c!assSfieo2i~n use... 4,300.90 5,800.00
Plus, per acre for the first 200 acres... 80.99 100.00
Plus, per acre over 200 acres... 49.00 50.00
(ii) Rezoning to for any O, I, or C cl'~sifie°2ien use...
2,660:00
Plus, per acre for the first 200 acres... 60.00
Plus, per acre over 200 acres... 20.00
c. Amend condition of planned developmem to include a condition of
a textual statement, per first two conditions:
(i)' .~...~.....~";°*: ..... ~v._..~,;-'- Any request for R, R-TH, R-MF, MH or A
classification uses... 2,~. 00.09 3,300.00
Each additional condition thereafter... 609.90 850.00
(ii) ~...~....~~";**; ..... ~.....~:-'~' Any request for O, I, or C cl~sificatien
uses... 1,520.00
Each additional condition thereafter... 380.00
All Others:
Ex'~sfing zen'lng Any request for R, R-TH, R-Mt, MH or A
class55catien uses... ~,,..,,~.~onn nn 2,600.00
Plus, per acre... 80.00 100.00
4
000078
(c)
(d)
~,,;o,; .....:,-,~ Any request for O, I or C c~o°°:r'"o*:~'' uses...
1,190.00
Plus, per acre... 30.00
(5)
No applicant for a conditional use or planned development for any office,
commercial or industrial use within an enterprise zone designated by the
Commonwealth of Virginia shall be required to pay a fee, provided the
director of planning determines that the request is in compliance with the
comprehensive l]lan. This exemption shall continue for the life of the
enterprise Zone.-
2The fee exemption for the Jefferson Davis Highway Enterprise Zone
expires on December 31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31,2016.
Amend condition of zoning, other than condition of planned development:
(1) Per firSt two conditions:
v,,;o,; ..... ;--'~ Any request for R, R-TH, R-MF, IVIH or A
c!assifico2'~on uses... 2,~.00.00 3,300.00 '
Each additional condition thereafter... 600,00 850.00
~-';o*; .....;"~' Any request for O, I or C ~ ooo;r,,,o,;,,., uses
1,520.00
Each additional condition thereafter... 380.00
(2)
No applicant seeking to amend a condition of zoning for any office,
commercial or industrial use within an enterprise zone designated by the
Commonwealth of Virginia shall be required to pay a fee, provided the
director of planning determines that the request is in compliance with the
comprehensive l?an' This exemption shall continue for the life of the
enterprise Zone.-
3The fee exemption for the Jefferson Davis Highway Enterprise Zone
expires on December 31, 2014. The fee.exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
Special exceptions:... !,250.00
(1) Manufactured home, temporary:
New... 550.00
Renewal... 250.00
1923:59742.2
1/30/03 1:22 p.m.
000079
(e)
(f)
(g)
(i)
(J)
(2), All others... 1,250.00
Plus, per acre... 30.00
Amend condition of special exception:
(1) Per first two conditions... 400.00
(2) Each condition thereafter... 100.00
Variances, setback, request to BZA:
(1)
(2)
Variances, administrative:
Variance for fn'st ordinance section or subsection varied from... 250.00
Each additional ordinance section or subsection varied from... 150.00
(1) Variance for' first ordinance section or subsection varied from... 250.00
(2) Each additional ordinance section or subsection varied from... 150.00
Variances, all other:
(1) Variance for first ordinance section or subsection varied from... 600.00
(2) Each additional ordinance section or subsection varied from... 150.00
Appeal to board of zoning appeals pursuant to section 19-21... 500.00
e~ .... ~*o Building and sign permit review:
(1) Any building permit application for a new single family dwelling or for
each unit of a new two-family dwelling... 25.00
(2) Sign Permits:
(--1-)a.Temporary signs, as permitted by article IV of the development
standards manual... 60.00
(--2-)b. All other signs for which building permits are required... 110.00
No business located within an enterprise zone designated by the
Commonwealth of Virginia shall be required to pay a fee in order
to obtain a sign permit. This exemption shall continue for the life
of the enterprise zone.4
1923:59742.2
1/30/03 1:22 p.m.
000080
(k)
(m)
4The fee exemption for the Jefferson Davis Highway Enterprise
Zone expires on December 31, 2014. The fee exemption for the
Walthall Enterprise Zone expires on December 31,2016.
Substantial accord determinations:
(1) Existing zoning R, R-TH, R-MF, MH or A classification:
a. Planning commission hearing ,~ ,~nn an '~ tlrm r~o
b. Administrative determination... 400¢X) 550.00
(2) Existing zoning O, I or C classification:
a. Planning commission hearing... 1,620.00
b. Administrative determination... 250.00
No applicant for substantial accord determination for any office,
commercial or industrial use within an enterprise zone designated by the
Commonwealth of Virginia shall be required to pay a fee, provided the
director of planning determines that the request is in compliance with the
comprehensive ]~lan. This exemption shall continue for the life of the
enterprise zone.
5The fee exemption for the JeffersOn DaVis Highway Enterprise Zone
expires on December 31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2010.
Modifications to development standards and requirements_.'... 250.00
(1) Any request for R, R-TH, R-MF, MH or A uses... 380.00
(2) Any request £or O~ I or C uses... 250.00
Deferral/remand requests by the applicant, per request:
(l) Remand request to planning commission:
a. £×'.'st;ng 7.onLng Any request for R, R-TH, R-MF, M-H or A
c]ass;fico~ion uses... $0 percent of original case fee
b, ~,.;,,; .....;,, Any request for O, I, or C -~oo;~-~+;~'- uses
~o fee
1923:59742.2
1/30/03 1:22 p.m.
O000SJ. '
1923:59742.2
1/30/03 1:22 p.m.
(2)
(3)
Deferral of 40 or fewer days:
Rezoning, substantial accord, conditional use, CUPD or special
exception:
Existing zoning Any request for R, R-TH, R-MF, MH or A
,.~..oom,.o.,... uses 500 00
ii. Existing zoning ~ O, I, or C c!~sificaticn
uses... 240.00
Modification to development standards, variance or appeal
decisions to the BZA:
Existing zoning ~ R, R-TH, R-MF, MH or A
classification uses... 250.00
ii.
~.~-~-~--,:,~":°*: ..... .v.--~,;"- Any request for O, I, or C cl~sffication
uses... 240.00
Deferrals of more than 40 days:
Rezoning, substantial accord, conditional use, CUPD or special
exception:
~v-~-~,;"' Any request for R, R-TH, R-MF, Mit or A
uses... 250.00
ii.
~.------*~,~";°*; ..... ~v.....~,;"- Any request for O, I, or C c!~s/fication
uses... 140.00
Modification to development standards, variance or appeal
decisions to the BZA:
~*-----~,;"' Any request for R, R-TH, R-MF, MH or A
uses... I50.00
ii.
~.~---~,~";°*; ..... ~*---,:,;"" Any request for O, I, or C cl~sification
uses... 140.00
No applicant requesting a deferral shall be required to pay a fee for the
deferral if he was not charged a fee for his application. This exemption
shall continue for the life of the enterprise zone.6
~l'he fee exemption for the Jefferson Davis Highway Enterprise Zone
expires on December 31, 2014. The fee eXemption for the Walthall
Enterprise Zone expires on December 31, 2016.
ooo
000052
Sec. 19-279. 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 as follows:
(a) Site plan:
(1)
(2)
(3)
(4)
(6)
(7)
(b) (1)
(2)
Original submittal for non-residential uses, including up to two
resubmittals... $900.00
Plus, per acre... 60.00
Third and subsequent resubmittals for non-residential uses, per resubmittal
... 310.00
Adjustment to approved site plan for non-residential uses, per submittal or
resubmittal... 310.00
No business located within an enterprise zone designated by the
Commonwealth of Virginia shall be required to pay any of the fees
described in subsections (a)(1) through (a)13) above. This exemption shall
continue for the life of the enterprise zone.
~The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on
December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on
December 31, 2016.
Original submittal for residential uses, including up to two resubmittals..
.1,400.00
Plus, per acre...90.00
Third and subsequent resubmittals for residential uses, per submittal..
.480.00
Adiustment to approved site plan for residential uses, per submittal or
resubmittal...480.00
Schematic plan for non-residential uses... 1,140.00
Plus, per acre for the first 50 acres... 50.00
Plus, per acre over 50 acres... 20.00
Amendment of approved schematic plan for non-residential uses...
250.00
Schematic plan for residential uses... 1,800.00
1923:59742.2
1/30/03 1:22 p.m.
00008,-.3
(c)
(a)
(e)
Plus, per acre for the first 50 acres... 70.00
Plus, per acre over 50 acres... 40.00
(4) Amendment of approved schematic plan for residential uses... 380.00
Appeal of decision of director of planning... 250.99
(1) For non-residential uses... 250.00
(2) For residential uses... 380.00
Request by applicant to defer planning commission consideration of plan, per
request:
(1) For non-residential uses:
(4-) a. 40 or fewer days... 240.00
(2-) b. More than 40 days... 140.00
For residential uses:
a_ 40 or fewer days... 250.00
bo
More than 40 days... 150.00
Request by applicant for environmental engineering department to transfer to
electronic format such non-electronic information regarding contours, boundaries
of impervious areas and delineation of storm sewer lines as set forth in § 19-264..
$75.00
That this ordinance shall become effective July 1, 2003.
1923:59742.2 10
1/30/03 1:22 p.m.
0000S4
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTIONS F-403.1, F-403.2, F-403.3,
F-403.4, F-403.5, F-403.6, AND F-403.7,
AND BY ADDING SECTION F-403.10 RELATING TO
OPEN FLAMES OR BURNING
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections F-403.1, F-403.2, F~403.3, F-403.4, F-403.5, F-403.6, and F-403.7,
and by adding Section F-403.10 of the Code of the County of Chesterfield, 1997, as amended, is
amended and re-enacted to read as follows:
F-403.1. Title and Purpose. Delete and substitute section F-403.1 as follows:
This article shall be known as the Chesterfield County Ordinance for the Regulation of
Opeh Burning. The purpose of this article is to protect public health, safety, and welfare
by regulating open burning within Chesterfield County to achieve and maintain, to the
greatest extent practicable, a level of air quality that will provide comfort and
convenience while promoting economic and social development, and minimizing public
nuisance. This article is intended to supplement the applicable regulations promulgated
by the State Air Pollution Control Board and other applicable regulations and laws.
F-403.2. Definitions. Delete and substitute section F-403.2 as follows:
For the purpose of this article and subsequent amendments or any orders issued by
Chesterfield County, the words or phrases shall have the meaning given them in this
section.
"Automobile graveyard" means any lot or place which is exposed to the weather and
upon which more than five motor vehicles of any kind, incapable of being operated, and
which it would not be economically practical to make operative, are placed, located or
found.
B. "Bonfire" means an outdoor fire utilized for ceremonial purposes.
C. "Clear area" means an area free of vegetmion, leaves, brush, or other materials capable of
contributing to fire spread.
D. "Clean burning waste" means waste, which does not produce dense smoke when burned
and is not prohibited to be burned under this ordinance.
E. "Construction waste" means solid waste, which is produced or generated during
construction of structures. Construction waste consists of lumber, wire, sheetrock, broken
brick, shingles, glass, pipes, concrele, and metal and plastics if the metal or plastics are a
part of the materials of construction or empty containers for such materials. Paints,
0505:58033.1 I
voOO815
coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage
are not construction wastes and the disposal of such materials must be in accordance with
the regulations of the Virginia Waste Management Board.
F. "Debris waste" means stumps, wood, brush, and leaves from land clearing operations.
G. "Demolition waste" means that solid waste which is produced by the destruction of
structures and their foundations and includes the same materials as construction waste.
H. "Garbage" means rotting animal and vegetable matter accumulated by a household in the
course of ordinary day-to-day living.
I. "Hazardous waste" means refuse or combination of refuse which, because of its quantity,
concentration or physical, chemical or infectious characteristics may:
a. Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating illness; or
b. Pose a substantial present or potential hazard to human health or the environment
when irnproperly treated, stored, transported, disposed, or otherwise managed.
J. "Household refuse" means waste material and trash normally accumulated by a
household in the course of ordinary day-to-day living.
"Industrial waste" means all waste generated on the premises of manufacturing and
industrial operations such as, but not limited to, those carried on in factories, processing
plants, refineries, slaughter houses, and steel mills.
Lo
"Junkyard" means an establishment or place of business, which is maintained, operated,
or used for storing, keeping, buying, or selling junk, or for the maintenance or operation
of an automobile graveyard, and the term shall include garbage dumps and sanitary
landfills.
Mo
"Landfill" means a sanitary landfill, an industrial waste landfill, or a
construction/demolition/debris landfill. See solid waste management regulations for
further definitions of these terms.
"Local landfill" means any landfill located within the jurisdiction of a local government.
O. "Occupied building," means any structure occupied or intended for supporting or
sheltering any occupancy.
Po
"Open burning," means the burning of any matter in such a manner that the products
resulting from combustion are entitled directly into the atmosphere without passing
through a stack, duct or chimney.
0505:58033.1
000086
Q. "Open Burning Container" means a container intended to contain fire and prevent fire
spread outside of the container. The container shall be constructed of a material that, in
the form in which it is used and under the condition anticipated, will not ignite, burn,
support combustion, or release flammable vapors when subiected to fire or heat.
Examples would included; a barbecue pit, clean metal drum, or non-combustible block
enclosure.
"Open pit incinerator" means a device used to burn waste for the primary purpose of
reducing the volume by removing combustible matter. Such devices function by directing
a curtain of air at an angle across the top of a trench or similarly enclosed space, thus
reducing the amount of combustion by-products emitted into the atmosphere. The term
also includes trench burners, air curtain destructors and over draft incinerators.
"Recreational Fire" means an outdoor fire burning materials other than rubbish where the
fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or
barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in
height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
ST.
"Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste,
including, but not limited to, wastes resulting from residential, agricultural, commercial,
industrial, institutional, trade, construction, land clearing, forest management and
emergency operations.
"Salvage operation" means any operation consisting of a business, trade or industry
participating in salvaging or reclaiming any product or material, such as, but not limited
to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and
specifically including automobile graveyards and junkyards.
"Sanitary landfill" means an engineered land burial facility for the disposal of household
waste which is so located, designed, constructed, and operated to contain and isolate the
waste so that it does not pose a substantial present or potential hazard to human health or
the environment. A sanitary landfill also may receive other types of solid wastes, such as
commercial solid waste, nonhazardous sludge, hazardous waste from conditionally
exempt small quantity generators, and nonhazardous industrial solid waste. See solid
waste management regulations for further definitions of these terms.
"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively,
of carbon, ash and other material in concentrations sufficient to form a visible plume.
"Special incineration device" means a pit incinerator, conical or tepee burner, or any
other device specifically designed to provide good combustion performance.
X; Y "Structure" is an assembly of materials forming a construction for occupancy or use
including stadiums, gospels and circus tents, reviewing stands, platforms, stagings,
observation towers, radio towers, water tanks, storage tanks (underground and above
ground), trestles, piers, wharves, swimming pools, amusement devices, combustible
0505:58033.1 3
fences, and other structures of this general nature but excluding water wells. The word
"structure" shall be construed as though followed by the words "or part or parts thereof~
unless the context clearly requires a different meaning.
¥ Z_. "Warming fire" See recreational fire.
F-403.3. Prohibitions on open burning. Delete and substitute Section F-403.3 as follows:
No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of refuse except as provided in this ordinance.
Bo
No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of household refuse or garbage.
Cn
No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of rubber tires, asphaltic materials, crankcase oil,
impregnated wood or other rubber or petroleum based materials except when conducting
bona fide fire fighting instruction at fire fighting training schools having permanent
facilities.
No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of hazardous waste or containers for such materials.
mo
No owner or other person shall cause or permit open burning or the use of a special
incineration device for the purpose of a salvage operation or for the disposal of debris
waste, construction waste or commercial/industrial waste.
Open burning or the use of special incineration devices permitted under the provisions of
this ordinance does not exempt or excuse any owner or other person from the
consequences, liability, damages or i~uries which may result from such conduct; nor
does it excuse or exempt any owner or other person from complying with other
applicable laws, ordinances, regulations and orders of the governmental entities having
jurisdiction, even though the open burning is conducted in compliance with this
ordinance. In this regard special attention should be directed to Code of Virginia, §
10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste
Management Board, and the State Air Pollution Control Board's Regulations for the
Control and Abatement of Air Pollution.
Go
Upon declaration of an alert, warning or emergency stage of an air pollution episode as
described in part VII of the Regulations for the Control and Abatement of Air Pollution
or when deemed advisable by the state air pollution control board to prevent a hazard to,
or an unreasonable burden upon, public health or welfare, no owner or other person shall
cause or permit open burning or use of a special incineration device; and any in process
burning or use of special incineration devices shall be immediately terminated in the
designated air quality control region.
0505:58033.1
oooo88
No person shall cause or permit open burning of a recreational fire or warming fire
except within an approved open burninl~ container or a clear area of at least 20 feet. No
recreational or warming fire shall be allowed within 20 feet of a structure.
F-403.4. Exemptions. Delete and substitute Section F-403.4 as follows:
The following activities are exempted from the above prohibitions to the extent covered
by the sS_rate aAir pPollution ¢_Control bBoard's Regulations for the Control and
Abatement of Air Pollution:
Open burning for training and instruction of government and public fire fighters under
the supervision of the designated official and industrial in-house fire fighting personnel;
Bo
Open burning for camp fires or other fires that are used solely for recreational purposes,
for ceremonial occasions, for outdoor noncommercial preparation of food, and for
warming of outdoor workers;
Open burning for the destruction of any combustible liquid or gaseous material by
burning in a flare or flare stack;
Do
Open burning for forest management and agriculture practices approved by the state air
pollution control board; and
E. Open burning for the destruction of classified military documents.
F-403.5. Permissible open burning. Delete and substitute Section F-403.5 as follows:
mo
Open burning is permitted for the disposal of tree trimmings and garden trimmings
located on the premises of private property, provided that the conditions are met:
n~ .... ;oo;~,,,. ..... * *'~ granted by An oral permit must be obtained from the
Ches'terfield Fire Department & EMS, Fire and Life Safety Division. This may be
done The permit may be obtained in person, or by telephone during normal business
hours Monday through Friday excluding holidays. The permit holder will be
provided a permit number which the permit holder must maintain until the open
burning is complete; and
2. The quantity of material to be burned does not exceed 320 cubic feet by volume and
no more than 160 cubic feet is burned at any given time; and
3. The burning takes place on the premises of the private property which produced the
trimmings; and
4. The location of the burning shall b~ occur a minimum of 300 feet from any occupied
building structure, unless the occupants of such structure have gi;,en prior provided
0505:58033.1 5
000089
written permission for the burning to be conducted closer to the structure, other than
........ ~, .................. If the
Chesterfield C-om:ay Fire & EMS Depa~ment, Fire and Life Safety Division
determines that it is necessary to protect public health and welfare, h ..... ,~;,-~,, ,h~,
it may require the above cited distances to be increased; and
5. All fires must be at least 50 feet from any structure~ i and
6. Fires must be constantly attended by a responsible person adult until such fire is
extinguished; and
7. c,~..~ ....... .--~* x~ ,~,v,~..~...~.. ,L~ ...... ~.. ~. ;'~.-~ _A read'i!y available means of extinguishing the fire
shall be readily available if it to prevent fire should stad to from spreading; and
The Chesterfield Fbe Depaxme4,a Emergency Communications Center shall be
notified before any fire is started and when the burn is completed. They shall be
notified on the non-emergency number, which can be found in the telephone book~
and.
Open burning is permitted for disposal of debris waste resulting from property
maintenance, from the development or modification of roads and highways, parking
areas, railroad tracks, pipelines, power and communication lines, buildings or building
areas, sanitary landfills, or from any other designaled local clearing operations which
may be approved by Chesterfield Goumy Fire Depanment& EMS, Fire and Life Safety
Division, provided the following conditions are met:
A written permit must be obtained from the Chesterfield Fire & EMS, Fire and Life
Safety Division. Application for permit shall include: fee for permit, completed
information form, site plan drawing of burn site, proof of liability insurance for party
performing bum; and
2. The Chesterfield Emergency Communications Cenier shall be notified before any firc
is started and after the burn is completed. Notification shall be made to the ECC'c
non-emergency number found in the telephone book: and
3. A copy of the burn permit shall be maintained at the site of the burn and shall be
available for review at all times during the bum: and
All reasonable effort shall be made to minimize the amount of material burned, with
the number and size of the debris piles approved by the Chesterfield County Fire
D~"~"*'~"'* & EMS, Fire and Life Safety Division; and --
0505:58033.1
000090
5. The material to be burned shall consist of brush, stumps and similar debris waste and
shall not include demolition material; and
6. The size of the burn pile shall not exceed 25 feet in width by 25 feet in_length by 15
feet in height; and
7. There shall be no more than two piles of material burning at any time; and
The location of tine burning shall b~ occur a minimum of 500 feet from any occupied
*',~;~`4;'-"u~..~...~, structure, unless the occupants of such structure have given prior provided
written permission for the burning to be conducted closer to the structure, other than
Chesterfield c~..~,, Fire & EMS Department, Fire and Life Safety Division
determines that it is necess~ to protect public health and welf~e, he may direct that
it may require the above cited distances t~ be increased; and
The burning shall be conducted ~* *~'= grea'~est a;o, ........,;.~t,~ a minimum of 250
feet from roadways and utility transmission lines, and 500 feet from h~h ......... ,4 air
fields; and
10. The burning shall be attended at all times bv a responsible adult capable of operating
equipment to prevent the spread of fire: and
11. The burning shall be a~ended at al! times and conducted to ensure the best possible
.,,.~t,,.o.; ..... ;4*, ~ .,~;.,; ..... c o~,,,~.~ ~;.,g .,~,,a .... a The burning shall be
conducted so that smoke and/or products of combustion will not negatively affect
human health, cause damage to public property, private property, or Otherwise
become a public nuisance.; and
12.
The burning shall not be left unattended until appropriate measures to extinguish the
fire embers have been implemented and the possibility of fire spread eliminated. The
Burning shall not be allowed to smolder beyond the minimum period of time
necessary for the destruction of the materials; and
13. The burning shall be conducted only when the prevailing winds are away from any
city, town or built-up area=; and
14.
A sign stating" Controlled Burning in Progress" shall be posted and visible to the
public during the burning. The sign shall be at least 4 feet by 8 feet in size and
lettering shall be a minimum of 10 inches in hei2ht and in contrasting colors. The
sign shall be located in an area visible to the general public; and
15. The permit holder must maintain liability insurance in the minimum amount of
$1,000,000 general liability coverage at all times while burning is taking place. At
the time of permit application, a certificate of insurance coverage shall be submitted
to the fire marshal; and
0505:58033.1 7
00009 .
16. In the event the fire department is dispatched to the burn site and must extinguish the
fire, the permit holder shall be liable for costs associated with response.
Open burning is permitted for disposal of debris on the site of local landfills provided that
the burning does not take place on land that has been filled and covered so as to present
an underground fire hazard due to the presence of methane gas provided that the
following conditions are met:
A written permit must be obtained from the Chesterfield Fire & EMS, Fire and
Life Safety Division. Application for permit shall include: fee for permit,
completed information form, site plan drawing of bum site, proof of liability
insurance for party performing bum:
The burning shall take place on the premises of a local sanitary landfill which
meets the provisions of the re[2ulations of the Virginia Waste Management Board;
g3.
The burning shall be attended at all times;
34.
The material to be burned shall consist only of brush, tree trimmings, yard and
garden trimmings, clean burning debris waste, or clean burning demolition waste;
45.
All reasonable effort shall be made to minimize the amount of material that is
burned;
56.
No materials may be burned in violation of the regulations of the Virginia Waste
Management Board or the State Air Pollution Control Board. The exact site of the
burning on a local landfill shall be established in coordination with the regional
director and Chesterfield County Fire & EMS Depanment, Fire and Life Safety
Division; no other site shall be used without the approval of these officials.
Chesterfield CoupXy Fire & EMS Depam-nent, Fire and Life Safety Division shall
be notified of the days during which the burning will occur:;
o
The permit holder must maintain liability insurance in/he minimum amount of
$1,000,000 general liability coveraee at all times while burning is taking place.
At the time of permit application, a certificate of insurance coverage shall be
submitted to the fire marshal.
0505:58033.1 8
000092
BD.
Prior to the initial installation (or reinstallation, in cases of relocation) and operation of
special incineration devices, the person responsible for the burning shall obtain a permit
from Chesterfield Count}, Fire & EMS Department, Fire and Life Safety Division, such
permits to be granted only after confirmation by Chesterfield Count2,' Fire & EMS
Depam,'nent, Fire and Life Safety Division that the burning can and will comply with
applicable provisions in Regulations for the Control and Abatement of Air Pollution and
that any conditions are met which are deemed necessary by Chesterfield C-oumy Fire &
EMS Department, Fire and Life Safety Division to ensure that the operation of th'-~
devices will not endanger the public health and welfare. Permit application shall include
the fee for the permit, completed information form, sile plan drawing of burn site and
proof of liability insurance for the party performing the burn. Permits granted for the use
of special incineration devices shall at a minimum contain the following conditions:
All reasonable effort shall be made to minimize the amount of material that is burned.
Such efforts shall include, but are not limited to, the removal, of pulpwood, sawlogs
and firewood.
2. The material to be burned shall consist of brush, stumps and similar debris waste and
shall not include demolition malerial.
The location of the burning shall b~ occur a minimum of 500 feet from any occupied
b,aql4;.,~, structure unless the occupants of such structure have given prior perm'~ss:on
provided written permission. ~,*~,- ,~o-, ~,,,;14;,,g~ 1~,~,o+~.4 ~,~ +~, ...... ,., ....... ~,;,.i.
the burning ;* conducted; burning for the burning To be conducted closer to the
structure. The burning shall be conducted at the greatest distance practicable a
minimum of 250 feet from roadways and utility transmission lines, and 500 feet fro-~
hiT` ....... and air fields. If the Chesterfield C-om~ Fire & EMS n,~,.,~,-,,.,,~,., Fire and
Life Safety Division determine that it is necessary to protect public health and
welfare, he may direct that it may_require the above-cited distances be increased.
The burning shall be attended at all times by a responsible adult and conducted to
ensure the best possible combustion with a minimum of smoke being produced.
Under no circumstances should the burning be allowed to smolder beyond the
minimum period of time necessary for the destruction of the materials.
0505:58033.1
000093
5. The burning shall be conducted only when the prevailing winds are away from any
city, town or built-up area.
6. The use of special incineration devices shall be allowed only for the disposal of debris
waste, clean burning construciion waste, and clean burning demolition waste.
Permits issued under this subsection shall be limited to a specific period of time
deemed appropriate by Chesterfield County Fire & EMS Depa~ment, Fire and Life
Safety Division.
The permit holder must maintain liability insurance in the minimum amount of
$1,000,000 general liability coverage at all times while burning is taking place. At
the time of permit application, a certificate of insurance coverage shall be submitted
to the fire marshal.
Sections A through D above notwithstanding, no owner or other person shall cause or
permit open burning or the use of a special incineration device from June 1 through
August 31 of any calendar year.
F-403.;z6. Attendance at Open Fires. Delete and substitute subsection F-403.7 as follows:
Permitted fires shall be constantly attended by a responsible person adult until they are
extinguished. The attendee shall have fire-extinguishing equipment readily available for
use as deemed necessary by the code official.
F-403.~ 7. Endangering Other Property. Add subsection F-403.9 as follows:
No person shall kindle or authorize to be kindled or maintain any permitted fire in such a
manner that it will endanger the property of another.
F-403.8. Revocation of Permits
If any permit holder violmes any provision of this ordinance or if any permit holder
makes a material misrepresentation on a permit application, the Fire Marshal may require
the extinguishment of/he fire and the burn permit shall be subiect to revocation;
F-403.9. Fees.
1o There shall be no fees for the permit required by Section F-403.5(A)
2. Fees for permits required by section F-403.5(B), (C) and (D) shall be ............
$400.00
(2) That this ordinance shall become effective immediately upon adoption.
0505:58033.1
10
000O94
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meetin~ Date: February 26, 2003
Subiect: Streetlight Installation Approvals
County Administrator's Comments:
Item Number: 8.B.
Coun~ Administrator:
Board Action Requested:
This item requests Board approval of New Streetlight Installations in the
Bermuda, Dale, and Midlothian Districts.
Summary of Information'
Streetlight requests from individual citizens or civic groups are received in
the Department of Environmental Engineering. Staff requests cost quotations
from Virginia Power for each request received. When the quotations are
received, staff re-examines each request and presents them at the next
available regular meeting of the Board of Supervisors for consideration.
iStaff provides the Board with an evaluation of each request based on the
following criteria:
1. Streetlights should be located at intersections;
o
There should be a minimum average of 600 vehicles per day (VPD)
passing the requested location if it is an intersection, or 400 VPD
if the requested location is not an intersection;
CONTINUED NEXT PAGE
Preparer: Richard M. McElfish
Title: Director, Environmental Engineering
Attachments:
Yes
[-~No
000095
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Summary of Information: (Continued)
Petitions are required and should include 75% of residents within
200 feet of the requested location and if at an intersection, a
majority of those residents immediately adjacent to the
intersection.
Cost quotations from 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
Virginia Power to install the streetlight. A denial will cancel the project
and staff will so notify the requestor. A deferral will be brought before
the Board again when specified.
BERMUDA DISTRICT:
In the Grindell Creek Park subdivision, in the vicinity of 5020
Oriole Avenue
Cost to install streetlight: $142.02
Does not meet minimum criteria for intersection or vehicles per
DALE DISTRICTs
· At the Entrance to the Camelot Forest subdivision, the
intersection of Kingsland Road and Sherwood Forest
Cost to install streetlight: $47.51
Meets minlmumcriteri&
MIDLOTHIAN DISTRICT~
· In the Newberry Towne subdivision, at the intersection of
Newington Drive and Holyoke Court
Cost to install streetlight: $464.93
Meets minimumcriteri&
For information regarding available balances in the District Improvement Fund
accounts, please reference the District Improvement Fund Report.
000096
STREETLIGHT REQUEST
Bermuda District
Request Received: October 14, 2002
Estimate Received: February 10, 2003
Estimate Requested: October 16, 2002
Days Estimate Outstanding: 117
NAME OF REQUESTOR: Mr. Jimmie E. Hill
ADDRESS: 5018 Oriole Avenue
Richmond, VA 23234
REQUESTED LOCATION:
Oriole Avenue, vicinity of 5020
Cost to Install streetlight: $142.02
POLICY CRITERIA:
Intersection:
Vehicles Per Day:
Petition:
Not Qualified, location is not an intersection
Not Qualified, less than 400 VPD
Qualified
Requestor or Staff Comments:
Requestor states: "There is an existing telephone pole without a streetlight. The additional light
would brighten up this dark area at night time. The neighbors have been experiencing unwanted
activity at night time due to the darkness."
Street Light Request Map
Februa 26, 2003
P~
~ rnat~ i~ a copyrighted prod~t of
the OmttrJ~d County 015 O~ce.
Street Light Legend
~ existing light
~ requested light
I '- 721.31f~t
This map shows citizen requested
streetlight installations in relation
to existing streetlights.
Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
STREETLIGHT REQUEST
Dale District
Request Received: September 25, 2002
Estimate Requested: September 25, 2002
Estimate Received: February 10, 2003
Days Estimate Outstanding: 139
NAME OF REQUESTOR: Ms. Evelyn M. Tench
ADDRESS: 3901 Kingsland Road
Richmond, VA 23237
REQUESTED LOCATION:
Intersection of Kingsland Road and Sherwood Forest Drive
Cost to Install streetlight: $47.51
POLICY CRITERIA:
Intersection:
Vehicles Per Day:
Petition:
Qualified
Qualified
Qualified
Requestor or Staff Comments:
Requestor states: "1 would like to request a streetlight be installed at this location. I am the only
resident within 200 feet of the location.
"My reasons are as follows: 1) There currently isn't any street lighting in this area. 2) being so
dark at night, my property cannot be seen unless well lit, therefore trash is constantly being
thrown from vehicles onto my property. 3) My next door neighbors have complained about trash
in the drainage area in front of my property.
"1 am working with my neighbors on this problem. I feel, if lighting were available, it may make
someone think twice about littering my property for fear someone may see them and report
them."
000099
Street Light Request Map
Februa 26, 2003
FOREST TER ~
t-)
FRIAR IDGE DR
EVELAKE RD
~HAUN CT
~ map it a copyrighted product of
the O~st~rJ~d County GIS
Street Light Legend
~ existing light
~ requested light
~LE1: 8655
I'- 721.31fee~
This map shows citizen requested
streetlight installations in relation
to existing streetlights.
Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
o°0:~00
STREETLIGHT REQUEST
Midlothian District
Request Received: October 16, 2002
Estimate Requested: October 16, 2002
Estimate Received: February 5, 2003
Days Estimate Outstanding: 112
NAME OF REQUESTOR: Mr. Robert Small
ADDRESS: Manager, ACS West
1904 Byrd Avenue, Suite 124
Richmond, VA 23230
REQUESTED LOCATION:
Intersection of Newington Drive and Holyoke Court
Cost to Install streetlight: $464,93
POLICY CRITERIA:
Intersection:
Vehicles Per Day:
Petition:
Qualified
Qualified
Qualified
Requestor or Staff Comments:
Staff notes that the requestor, Mr. Robert Small, represents the management firm under contract
with Newberry Towne Homeowners Association.
0005.0:1.
Street Light Request Map
Februa 26, 2003
HANDEL~
~ map i~ a copyrighted product of
the C~ttrJ~Id County GI$ O~ice.
Street Light Legend
~ existing light
~ requested light
SC, ALE
I ' - 721.31 feet
This map shows citizen requested
streetlight installations in relation
to existing streetlights.
Existing streetlight information was
obtained from the Chesterfield County
Environmental Engineering Department.
O00J. OiE
Meetin~l Date:
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of 2
February 26, 2003
Item Number: 8.C.
Subject:
Nominations/Appointments to the Disability Services Board
County Administrator's Comments:
County Administrator:
Board Action Requested:
The Board of Supervisors is requested to reappoint/appoint members to serve
on the Disability Services Board.
Summary of Information:
The purpose of the Chesterfield Disability Services Board is to provide input
to County agencies on service needs and priorities of persons with physical
and sensory disabilities; to provide information and resource referral to
local government regarding the Americans with Disabilities Act; and to
provide such other assistance and advice to local government as may be
requested. The Board will not provide direct services nor employ service
delivery staff.
Continued on next page.
Preparer: Jane H. Lanham
Title: Interagency Services Administrator
Attachments:
Yc$
)00103
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
The Clover Hill, Matoaca, and Midlothian Districts are currently in need of
one additional new member on the DSB. There is also an At-Large position that
recently became open on the DSB. The DSB would like to have Debra Boykins
appointed to represent the Bermuda District on the Disability Services Board.
This vacancy term is from 1/01/03 to 12/31/05. Mr. McHale concurs with this
appointment.
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.
The Board of Supervisors concurs with these appointments.
000~.04
APPLICATION FOR APPOINTMENT TO
CHESTERFIELD DISABILITIES SERVICES BOARD
SEAT APPLY~G FOR: BOA~ ME~ER
Q~AL~ICATIO~S: ~. physical and/or/seaso~ disabili~
:aaily member has physical a~d lot sensory
Di~akili~
Representative of business communi~.
Advocacy experiences.
WORK TELEPHONE:
WORK ADDRESS:
FAX:_9-7 f~,~~ CP:
Why are you interested in serving on the Chesterfield Disabilities Services Board?
What special interests or qualifications would you like the Board of Supervisors to
know about you in considering your nomination for appointment?
Comcast, ~yer, ~fiend (~ecify)
I commit to attend regularly meetings and to fulfil the responsibilities, of the Board
Term of office will be for three (3) years and members may serve two subsequent terms.
SIGNED: /%..,
Please send this form to: ~J~0 Zl ~,K ~:~' --
CDSB, Rm. fi00; Chesterfield County, Human Services Administration; P. O. Box
40; Chesterfield, VA 23832. (804) 748-1307, or Jane Himmelman, if unspecified.
Rev. 10/03/01/ndu
000105
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meetin~l Date: February 26, 2003 Item Number: 8.D.1.
Subiect: Resolution Recognizing March 2003, as "Purchasing Month"
County Administrator's Comments:
County Administrator:
Board Action Requested:
Consent Item Resolution to declare March 2003, as "Purchasing Month."
Summary of Information:
Purchasing associations throughout the world participate in Purchasing month
as recognition for the purchasing profession and its value to the economic
conditions within all localities, states, and nations. Public purchasing
requires: that ethical principles govern all conduct; a working knowledge of
a wide range of goods and services; up-to-date knowledge of legalities and
regulations; ability to communicate and skills to work with a diversity of
users and vendors; and technical knowledge in areas such as purchasing
methods, contracting, source selection, bidding, negotiation, evaluation
methods, scheduling, and contract administration. It is requested that
Chesterfield County Board of Supervisors participate in supporting this
recognition on a local basis.
Preparer: H. Edward James
Title: Director of Purchasing
Attachments:
[-~No
OO0106
RECOGNIZING MARCH 2003, AS ~PURCHASING MONTH"
WHEREAS, the purchasing and materials management profession has a
significant role in the quality, efficiency and profitability of
business and government throughout the United States; and
WHEREAS, the purchasing and materials management profession works
for private and public, and profit and nonprofit organizations; and
WHEREAS, in addition to the purchase of goods and services, the
purchasing and materials management profession engages in or has direct
responsibility for functions such as executing, implementing and
administering contracts; developing forecast and procurement
strategies; supervising and/or monitoring the flow and storage of
materials; and developing working relations with suppliers and with
other departments within the organization; and
WHEREAS, the purchasing and materials management profession has
tremendous influence on the economic conditions in the United States,
with an accumulative purchasing power running into the billions of
dollars; and
WHEREAS, purchasing or procurement operations
departments of one person to several thousand; and
range from
WHEREAS, governmental pUrchasing and other associations around the
world are sponsoring activities and special events to further educate
and inform the general public on the role of purchasing within
business, industry and government.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board
of Supervisors hereby recognizes the month of March 2003, as
~Purchasing Month" in Chesterfield County and encourages all citizens
to join in commemorating this observance.
oooa. o?
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of 2
Meetin~ Date: February 26, 2003 Item Number: 8.D.2.
Subiect: Accept Additional FY2003 Federal Grant Award and Appropriate
Funds to the Chesterfield Community Services Board for the
"Families First" Healthy Families Program Initiative
County Administrator's Comments:
County Administrator:
Board Action Requested:
Accept and appropriate $81,400 in additional federal FY2003 Temporary
Assistance for Needy Families Program funds for the Families First-Healthy
Families Program initiative currently administered by the Chesterfield
Community Services Board (CSB) and coordinated by CSB Prevention Services.
Summary of Information:
The Virginia Department of Social Services notified the Chesterfield
Community Services Board of the FY 2003 allocation of an additional $81,400
for the Families First-Healthy Families program to provide time-limited
assistance to needy families with children.
Preparer:
Georqe E. Braunstein
Title: Executive Director
MH/MR/SA Department
Attachments:
Yes
No
0005.08
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: February 26, 2003
Budget and Mana.qement Comments:
This item requests the Board to accept and appropriate an additional
$81,400 in Temporary Assistance for Needy families (TANF) Program funds
for the Families First-Healthy Families Program. As part of the FY2003
budget process, $120,000 was appropriated for the Healthy Families grant
in anticipation of funding being received. In December 2002, the
department of Mental Health received notification that additional funds
had been awarded to help offset the potential loss of matching funds for
the Healthy Families programs from the state. No local match is
required.
Preparer: Rebecca T. Dickson
Title: Director, Budget and Management
O00 kO9
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of 2
Meetin~l Date: Februar~ 26, 2003 Item Number: 8.D.3.
Subiect:
Appropriate Juvenile Accountability Incentive Block Grant Funds from the
Department of Criminal Justice Services
County Administrator's Comments:
County Administrator:
Board Action Requested:
Authorize Human Services Administration to receive $46,919 in Juvenile
Accountability Block Grant (JAIBG) funds from the Department of Criminal
Justice Services and authorize an increase in appropriations by $46,919.
Summary of Information:
The Department of Criminal Justice services has allocated $46,919 in JAIBG
grant funds to Chesterfield County and the City of Colonial Heights. The
JAIBG program is intended to address juvenile crime by promoting greater
accountability in the juvenile justice system. A multi-disciplinary committee
of the Community Criminal Justice Board develops the plan for the program.
Preparer: Bradford S. Hammer Title:
Deputy County Administrator
Human Services
Attachments:
~-] Yes
No
O00110
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: February 26, 2003
Budqet and Management Comments:
This item requests authorization from the Board for acceptance and
appropriation of funds awarded by the Department of Criminal Justice
Services from its Juvenile Accountability Incentive Block Grant (JAIBG)
in the amount of $46,919. The grant period is January 1, 2003 through
December 31, 2003, and must be renewed annually. The grant requires a
$5,213 local match. This match has been identified from Virginia
Juvenile Community Crime Control Act (VJCCCA) funds.
Preparer: Rebecca T. Dickson
Title: Director, Budget and Management
O00 t&&
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meeting Date: February 26, 2003
Item Number: 8.D.4.a.
Subject:
Set Public Hearing for March 12, 2003 to Consider Conveyance of
Conservation Easement to the Virginia Outdoors Foundation and the Friends
of Chesterfield's Riverfront
County Administrator's Comments:
County Administrator:
Board Action Requested:
Staff recommends that the Board of Supervisors set a public hearing for
March 12, 2003 to consider the conveyance of a conservation easement to the
Virginia Outdoors Foundation and the Friends of Chesterfield's Riverfront
over the Brown and Williamson Conservation area and authorize the Chairman
of the Board and County Administrator to execute the easement agreement.
Summary of Information:
On September 26, 2001, the Board accepted a 262-acre parcel of land from
Brown and Williamson Tobacco Corporation. The parcel fronts the James
River north of Bermuda Hundred Road and east of Enon Church Road. The
Friends of Chesterfield's Riverfront negotiated the donation to the county.
The donation was made on the condition that the property be used for
passive recreational use. In order to insure that the property is properly
used and conserved, county staff has negotiated with the Friends of
Chesterfield's Riverfront and the Virginia Outdoors Foundation to place.%
conservation easement on the property. Attached is a draft of the
easement, which will limit uses of the property to passive recreational
uses and provides appropriate protection for forestry and wildlife on the
property. Staff recommends setting a public hearing to consider this ~
conveyance.
Preparer: Michael S. Golden
Attachments:
Yes
Title: Director, Parks and Recreation
No #
O0011Z
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Sections 58.1-811 (A) (3), 58.1-811 (D) and 10.1-1803
THIS DEED OF GIFT OF EASEMENT, made this day of _, 2003,
between CHESTERFIELD COUNTY, herein called the "Grantor", the FRIENDS OF
CHESTERFIELD'S RIVERFRONT, a private non-profit conservation organization whose
address is P.O. Box 2158, Chesterfield, Virginia 23832, and the VIRGINIA OUTDOORS
FOUNDATION, an Agency of the COMMONWEALTH OF VIRGINIA, whose address is 203
Governor Street, Suite 317, Richmond, VA. 23219, herein called the "Grantees",
WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title 10.1, §§10.1-1700 to
10.1-1705 of the Code of Virginia, as amended) declares that the preservation of open-space land
serves a public purpose by promoting the health and welfare of the citizens of the
Commonwealth by curbing urban sprawl and encouraging more desirable and economical
development of natural resources, and authorizes the use of easements in gross to maintain the
character of open-space land; and
WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia §§ 10.1-1800 to 10.1-1804,
(as amended) declares it to be the public policy of the Commonwealth to encourage preservation
of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any
estate or interest therein for the purpose of preserving the natural, scenic, historical, scientific,
open-space and recreational lands of the Commonwealth; and
WHEREAS, the Virginia Conservation Act, § § 10.1-1009, et seq of the Code of Virginia
authorizes certain charitable corporations, association, or trusts exempt from taxation pursuant to
26 U.S.C.A. § 501(c)3 to hold a non-possessory interest in real property for purposes of retaining
or protecting natural or open-space values of real property, assuring its availability for
agricultural, recreational, or open-space use, protecting natural resources, maintaining or
enhancing water quality and the Friends of Chesterfield's Riverfront qualifies as such a
charitable corporation; and
WHEREAS, the Friends of Chesterfield's Riverfronts meets the statutory requirements of
Virginia Code § 10.1-1009 for a holder of a perpetual easement under the Virginia Conservation
Easement Act and has had its principal office in Virginia for more that five years, as required by
Virginia Code §10.1-1010; and
WHEREAS, the hereinafter described property provides prime habitat and foraging area
for bald eagles; and
WHEREAS, the hereinafter described property contains a lake approximately 20 acres
which provides critical habitat for migratory waterfowl and exceptional recreational sport fishing
value; and
00011;3
WHEREAS, the hereinafter described property consists of steep slopes, open rolling
fields, mature upland hardwood forests, and eight-tenths of a mile of high stable bluffs
overlooking the James River; and
WHEREAS, the 1996 Virginia Outdoors Plan prepared by the Virginia Department of
Conservation and Recreation lists this segment of the James River along which the hereinafter
described property has been evaluated and found to contain desirable components and worthy of
designation as a Virginia State Scenic River; and
WHEREAS, the General Assembly of the State of Virginia, enacted the Chesapeake Bay
Preservation Act. Subsequently, the Chesapeake Bay Local Assistance Board adopted
regulations concerning the use and development of certain lands in Tidewater Virginia called
Chesapeake Bay Preservation Areas which, if improperly developed, may result in substantial
damage to the water quality of the Chesapeake Bay and its Tributaries. Subsequently, the
Chesterfield Board of Supervisors adopted a resolution on September 26, 2001, approving and
recommending that the Comprehensive Plan for the County of Chesterfield incorporate the water
quality objectives of the Chesapeake Bay Preservation Act; and
WHEREAS the Chesterfield County Board of Supervisors adopted the Riverfront Plan as
part of the Chesterfield County Comprehensive Plan dated January 1997; and
WHEREAS, the County Comprehensive Plan stated as goals to "Promote open space
corridors as a framework to protect the natural environment and scenic values, provide land use
transitions, and provide outdoors recreational opportunities" and "To protect and preserve
historic and cultural resources;" and
WHEREAS, the Grantor are the owners in fee simple of the real property hereinafter
described, which they desire preserved as open-space land in the public interest.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the mutual
covenants herein and the acceptance hereof by the Grantees, the Grantors do hereby grant and
convey to the Grantees an open-space easement in gros.s over, and the right in perpetuity to
restrict the use of, the real estate consisting of approximately 262 acres described below, located
in Bermuda Magisterial District, Chesterfield County, Virginia in Enon, fronting on State Route
920 (Discovery Drive), and hereinafter referred to as the "Property:"
[PROPERTY DESCRIPTION]
Chesterfield to insert
0623:60119.1
Page 2 of 10
ooo:t:t4
The above-described tracts are shown as parcel(s) and
on Tax Map among the land records of Chesterfield County and total
262XXXX acres in the aggregate. The Property shall be considered to be one
parcel for the purposes of this easement, and the restrictions and covenants of this
easement shall apply to the Property as a whole rather than to such individual
parcels.
AND SUBJECT, HOWEVER, to the restriction that the Grantees or its successors
and assigns may not transfer or convey the open-space easement herein conveyed
to the Grantees unless the Grantees conditions such transfer or conveyance on the
requirement that (1) all restrictions and conservation purposes set forth in the
conveyance accomplished by this deed are to be continued in perpetuity, and (2)
the transferee is an organization then qualifying as an eligible donee as defined by
section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the
applicable Treasury Regulations promulgated thereunder.
This conveyance is further made subject to all easements of record that may affect
the Property.
Restrictions are hereby imposed on uses of the Property pursuant to the public policies set
forth above. The acts which the Grantor, its heirs, successors, personal representatives and
assigns, covenant to do and not to do upon the Property, and the restrictions which the Virginia
Outdoors Foundation as agent for the Grantees is hereby entitled to enforce, are and shall be as
follows:
DUMPING. Accumulation or dumping of trash, refuse, or junk is not permitted on the
Property. This restriction shall not prevent generally accepted agricultural or wildlife
management practices, such as creation of brush piles, composting, or the storage of farm
machinery, organic matter, agricultural products or agricultural byproducts on the
Property, as long as such practices are conducted in accordance with applicable
governmental laws and regulations.
SIGNAGE. Display of billboards, signs, or other advertisements is not permitted on or
over the Property except to state the name and/or address of the owners, to advertise the
sale or lease of the Property, to advertise the sale of goods or services produced
incidentally to a permitted use of the Property or to provide notice necessary for the
protection of the Property and for giving directions to visitors. Such usage of signs may
include signs used as (i) the entrance sign, which may not exceed County design
standards, provided that prior written approval from the Grantees is required for signage
exceeding square feet in size, (ii) interior signs for the interpretation of the
conservation values of the Property and for directions for visitors, which may not exceed
six (6) square feet in size, (iii) an informational kiosk, or similar informational signage
structure, which is consistent with the Chesterfield County Guidelines for Park Signage,
provided that prior written approval for said kiosk is obtained in writing from the
Grantees.
0623:60119.1
Page 3 of 10
000 .15
o
SUBDIVISION. Division or subdivision of the Property in any manner is prohibited.
BUFFER AREAS. Management of forest resources, including commercial timber
harvest, shall be in accord with a forest stewardship plan approved by the Grantees. All
forestry activities shall be carried out so as to protect the environmental and scenic
qualities of the area. The primary objectives of the forest stewardship plan shall include
management of woodlands to provide wildlife habitat, forest management to maintain the
health, aesthetics and scenic value of the forest, soil and water conservation, and
protection of the habitat for bald eagles. Best Management Practices, as defined by the
Virginia Department of Forestry, shall be used to control erosion and protect water
quality when any commercial forestry activity is undertaken. The Grantor, their
successors and assigns, shall notify the Grantees no later than 30 days prior to the start of
any forest activity as well as within 7 days of its completion. All net proceeds from the
sale of timber from this Property shall be used for the benefit of this Property.
Notwithstanding the foregoing provisions of this paragraph, the following Buffer Areas
will be established:
Ao
James River Buffer Preservation Area shall be defined as Area A on
Attachment A. No trees will be removed or killed in this area except in
the case of storm damage removal, wildlife habitat improvement,
invasive species control, dying or dead trees from insect infestation or
disease, for the health of the forest, erosion control, trail construction,
scenic overlook, maintenance and/or reconstruction of the existing dam,
and park structures approved by the Grantees. No commercial timber
harvests will be allowed in the James River Buffer Preservation Area.
Stream and Pond Buffer Areas shall be defined as Area B on
Attachment A. The buffer will be 100 feet wide from the edge of the
water. No commercial timber harvest will be allowed in this buffer and
trees can only be removed in the case of storm damage removal, wildlife
habitat improvement, maintenance and/or reconstruction of the existing
dam, invasive species control, dead and dying trees from insect
infestation and disease, for the health of the forest, erosion control, trail
construction, scenic overlook, and park structures approved by the
Grantees, which includes but is not limited to fishing structures.
Forest Protection Area shall be defined as Area C on Attachment A.
No commercial timber harvest will be allowed in this buffer, and trees
can only be removed in the case of storm damage removal, wildlife
habitat improvement, invasive species control, dead and dying trees from
insect infestation and disease, for the health of the forest, trail
construction, and park structures as approved by the Grantees.
Notwithstanding the above, the Grantor is permitted to construct and maintain within the
James River Buffer Preservation Area permeable foot paths of no greater that eight (8)
feet in width, and one (1) fenced observation platform to view the James River from the
0623:60119.1
Page 4 of 10
000116
banks and which may not be constructed on the Property unless prior written approval for
said observation platform is obtained in writing from the Grantees. No utility
installation, such as but not limited to sewer lines and electric transmission lines, will be
permitted on the Property except as needed by permitted activities in the easement.
BALD EAGLE PROTECTION. Grantee Friends of Chesterfield Riverfront, or other
designated organization, shall provide written notification to the Grantor as to the
presence of a bald eagle nest on the Property. For such protection of the habitat for bald
eagles, the following management areas are established:
mo
Primary Management Zone of 750 feet in radius around an occupied
bald eagles nest. All activities within this zone shall be restricted during
the breeding/nesting season. In general, no use of chemicals toxic to
wildlife or habitat modification activities may occur in this zone at any
time. However, limited selective timber harvest (to within 300 feet of
the nest tree) in consultation with the U.S. Fish and Wildlife Service, the
Virginia Department of Game and Inland Fisheries, or the College of
William and Mary Center for Conservation Biology biologists may be
possible outside the breeding/nesting season. Other activities such as
hunting and hiking can be undertaken in this zone outside of the
breeding/nesting season or if the nest is determined to be inactive or
abandoned.
Bo
Secondary Management Zone of 1,320 feet in radius around an
occupied nest. Activities within this zone shall be restricted during the
breeding/nesting season, but this may be determined on a case-by-case
basis in consultation with the U.S. Fish and Wildlife Service, the
Virginia Department of Game and Inland Fisheries, or the College of
William and Mary Center for Conservation Biology biologists. Within
this zone, development and clearing should be minimized and visual
buffers should be maintained. Use of chemicals toxic to eagles should
not occur within this zone at any time. The Grantor shall not initiate
directly or indirectly in activities which knowingly results in aircraft
flyovers within 1000 vertical feet of the ground within this zone during
the breeding/nesting season. Outside of the breeding/nesting season,
most other activities can be conducted within the secondary management
zone as determined on a case-by-case basis.
As long as any portion of the bald eagle nest structure is located in a tree, as confirmed
by the U.S. Fish and Wildlife Service, the College of William and Mary Center for
Conservation Biology, or other such avian expert, the tree and the nest shall not be
removed until after April 1 st of the third inactive year.
GRADING, BLASTING. Grading, blasting or earth removal shall not materially alter
the topography of the Property except for dam maintenance and/or reconstruction,
creation of regional storm water Best Management Practices (BMP's) to serve the
adjacent parcel to the north of the Property, Area __., Map __., or as required in the
0623:60119.1
Page 5 of l0
o
construction of permitted buildings, connecting roads, maintenance of the existing and
utilities as described in Paragraph 8. The intent of the storm water BMP is to provide a
solution that utilizes the lake's current settling volume to improve the quality of storm
water runoff discharging from the watershed to the James River. The storm water BMP's
shall be limited to the area within the existing lake, and sufficient area surrounding the
lake to construct appropriate pre-treatment forebays as designated as Area D Attachment
A. Storm water BMP's may not be constructed on the Property unless prior written
approval for said BMP is obtained in writing from the Grantees. Nothing herein shall
obligate approval of the BMP by the Grantees. Generally accepted agricultural activities
shall not constitute a prohibited material alteration of the Property. Best Management
Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be
used to control erosion and protect water quality in the construction of permitted roads.
Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the
Property if it will materially diminish or impair the conservation values protected by this
Easement. Mining on the Property is prohibited.
ARCHAEOLOGICAL FINDS. Archaeologically significant deposits, sites, or features
shall not be intentionally disturbed or excavated except by or under the supervision of a
professionally qualified archaeologist and provided plans for such archaeological activity
have been submitted to, and approved by the Virginia Department of Historic Resources
prior to any ground-disturbing activities. Artifacts and objects of antiquity professionally
excavated from archaeological deposits, sites, or features on the Easement Property shall
be treated and preserved according to the Department of Historic Resources State
Curation Standards (March 24, 1998). The Grantor shall take all reasonable precautions
to protect archaeological deposits, sites, or features on the Easement Property from
looting, vandalism, erosion, mutilation, or destruction from any cause.
PERMITTED STRUCTURES. No permanent or temporary building or structure shall
be built or maintained on the Property other than:
(i) those which provide for passive recreation uses such as hiking, picnicking,
historical interpretation, fishing, "watchable wildlife", and environmental
education, such as trails, a nature center, which may include restroom facilities, of
no greater than 2,500 square feet in floor area,
(ii) three (3) free standing picnic shelters which may be no larger than 400 square feet
each,
(iii) existing earthen dam, which may be repaired, replaced, and renovated,
(iv) farm buildings or structures,
(v) parking areas, which shall be comprised of no more than 150 spaces, including
but not limited to buses, and preferably be constructed of permeable materials,
and
(vi) one two-lane road, including the dedication of right-of-way, which may be built to
Virginia Department of Transportation specifications to service the nature center
and parking lots, which may not be constructed without prior written approval of
the Grantees,
0623:60119.1
Page 6 of 10
000 [18
10.
11.
12.
(vii) permeable pedestrian walking trails and one trail which may be paved to provide
ADA accessibility.
Farm buildings or structures exceeding 1,500 square feet in ground area may not be
constructed on the Property unless prior written approval for said building or structure is
obtained in writing from Grantees. Grantees' approval shall be limited to consideration
of the impact of the size, height, and siting of the proposed structure on the conservation
values of the Property. Active recreation such as baseball fields or soccer fields is not
permitted. Limited use service roads, not open for public use, that provide access for
emergency, maintenance, and timbering personnel may be constructed according to
current public safety standards and regulations. Three (3) fishing platforms may be
constructed on the southern shore of the pond (Area D on Attachment A) without prior
written approval from the Grantees, any additional platforms on the lake must obtain
prior written approval from the Grantees. Utilities that serve permitted buildings and
structures are permitted. Notwithstanding the above, no buildings or structures may be
constructed within the James River Buffer Preservation Area, with the exception of the
fiver viewing area as permitted in Paragraph 4 above.
INDUSTRIAL/COMMERCIAL ACTIVITIES. Industrial or commercial activities
other than the following are prohibited:
(i) County-sponsored passive recreational activities,
(ii) agriculture and horticulture,
(iii) temporary or seasonal outdoor activities which do not permanently alter the
physical appearance of the Property, and which are consistent with the
conservation values herein protected,
(iv) activities which can be and in fact are conducted within permitted buildings
without material alteration to the external appearance thereof.
Temporary outdoor activities involving 100 or more people shall not exceed seven days
in duration unless approved by the Grantees in advance in writing.
INSPECTION OF PROPERTY. Representatives of the Grantees may enter the
Property from time to time for purposes of inspection and enforcement of the terms of
this easement after permission from or reasonable notice to the Grantor or the Grantor's
representative.
ASSIGNMENT. The Grantors, their heirs, successors, personal representatives and
assigns, shall notify the Grantees in writing within 60 days following any transfer or sale
of the Property or any part thereof. In any deed conveying all or any part of the Property,
this easement shall be referenced by Deed Book and Page Number.
0623:60119.1
Page 7 of 10
Acceptance of this conveyance by the Grantees is authorized by Section 10.1-1801 and Section
10.1-1009 of the Code of Virginia and is evidenced by the signature of its Executive Director
hereto. Assignment of this easement is governed by Section I 0.1-1801 and Section 10.1-1009 of
the Code of Virginia.
WITNESS the following signatures and seals.
COUNTY OF CHESTERFIELD
Grantor
Grantor
Accepted:
VIRGINIA OUTDOORS FOUNDATION,
By:
Tamara A. Vance, Executive Director
Accepted:
FRIENDS OF CHESTERFIELD'S RIVERFRONT,
By:
Janit L. Potter, Executive Director
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
., TO WIT:
aforesaid, hereby certify that
day and acknowledged the foregoing instrument.
a Notary Public for the Commonwealth
., Grantor, personally appeared before me this
WITNESS my hand and official seal this
day of ,2003.
Notary Public
My commission expires:
(SEAL)
0623:60119.1
Page 8 ofl0
000 0
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
_, TO WIT:
hereby certify that ,
acknowledged the foregoing instrument.
, a Notary Public for the Commonwealth aforesaid,
Grantor, personally appeared before me this day and
WITNESS my hand and official seal this
day of ., 2003.
Notary Public
My commission expires:
.(SEAL)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
I, , a Notary Public for the Commonwealth
aforesaid, hereby certify that Tamara A. Vance, Executive Director of the Virginia Outdoors
Foundation, personally appeared before me this day and acknowledged the foregoing instrument
on behalf of the Virginia Outdoors Foundation.
WITNESS my hand and official seal this
day of .,2003.
Notary Public
My commission expires:
(SEAL)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
I, , a Notary Public for the Commonwealth
aforesaid, hereby certify that Janit L. Potter, Executive Director of the Friends of Chesterfield's
Riverfront, personally appeared before me this day and acknowledged the foregoing instrument
on behalf of the Virginia Outdoors Foundation.
WITNESS my hand and official seal this
day of ,2003.
Notary Public
My commission expires:
(SEAL)
0623:60119.1 Page 9 of lO OOO~.
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
hereby certify that
foregoing instrument.
, a Notary Public for the Commonwealth aforesaid,
as of
personally appeared before me this day and acknowledged the
WITNESS my hand and official seal this
day of ., 2003.
Notary Public
My commission expires:
(SEAL)
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
I, , a Notary Public for the Commonwealth aforesaid,
hereby certify that ., as Trustee, personally appeared before me this day
and acknowledged the foregoing instrument.
WITNESS my hand and official seal this
day of ., 2003.
Notary Public
My commission expires:
(SEAL)
0623:60119.1
Page 10 of 10
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meetin~l Date: February26, 2003 Item Number: 8.D.4.b.
Subiect:
Set a Public Hearing to Consider the Appropriation of $1,127,779 Refund
Received from the Riverside Regional Jail Authority
County Administrator's Comments:
County Administrator:
Board Action Requested:
Staff requests the Board of Supervisors set March 26, 2003 for a public
hearing to consider the appropriation of the $1,127,779 per diem refund
received from the Riverside Regional Jail Authority. The refund will be used
to offset the expected shortfall in the regional jail budget.
Summary of Information:
This item requests that the Board of Supervisors set a public hearing to
consider the appropriation of $1,127,779 received from the Riverside Regional
Jail Authority (RRJA) as a refund for per diem payments. RRJA generated
excess funds last fiscal year in the amount of $3,723,924. Excess revenue
was generated by the RRJA selling beds to federal agencies, contracting with
the State to hold inmates under the Jail Contract Bed program, and selling
beds to non-member jurisdictions.
The Authority voted to refund, to participating localities, $2,346,334, of
which $1,127,779 is Chesterfield County's share. Of the funds remaining,
$1,000,000 will be deposited into the RRJA expansion fund and $377,589 will
be added to the RRJA operating reserve fund to meet the reserve requirement
per the bond obligation agreement. .~
Preparer: Rebecca T. Dickson
Title: Director, Budget and Manaqement
Attachments:
~-~ Yes
No
CH ESTERFI ELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meetin~l Date: Februar~ 26, 2003
Summary of Information (Cont.):
The average daily population for Chesterfield County at the Regional Jail in
FY2000 was 232.4. In FY2001, the average daily population was 281.4 and in
FY2002 the average daily population was 444.6. The average daily population
for the current fiscal year, through January, has been 470.9. More arrests
and subsequent convictions are two factors contributing to the
uncharacteristically high populations at both the local and regional jails.
If current factors remain constant, the average daily population for the
twelve-month period could easily be 470 at the regional jail, at a cost of
approximately $6,347,718. The current fiscal year budget for per diem
payments, based on the Regional Jail's budget submission, is $5,234,500.
This would cause overspending of more than $1.1million. The refunded $1.1
million will be used to offset the projected overspending.
It is uncertain as to whether revenue excesses and refunds will be generated
in the future. As the member jurisdictions continue to increase their
utilization of beds, it will gradually force the removal of the federal
inmates, Jail Contract Beds, and non-member jurisdictions in order for the
facility to accommodate the needs of its member jurisdictions. State cuts
for jail per diems could impact future refunds as well.
000:1 4
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 1
Meeting Date: February 26, 2003
Item Number: 8.D.4.c.
Subject:
Set Date for a Public Hearing to Consider an Ordinance to Prohibit
Hunting on Swift Creek Reservoir within One-Half Mile of Any Residential
Subdivision.
County Administrator's Comments:
County Administrator: ~~ /1~. O,' ~
Board Action Requested:
The Board is requested to set a public hearing for April 9 to consider
an Ordinance to prohibit hunting on Swift Creek Reservoir within one-half
mile of any residential subdivision.
Summary of Information:
In response to complaints received from citizens about hunting on Swift
Creek Reservoir near Brandermill Subdivision, Mr. Warren has requested that
the Board consider adoption of an ordinance prohibiting hunting on the
Reservoir within one-half mile of any residential subdivision. A half-mile
no hunting zone around subdivisions is the maximum hunting limitation that
state law allows counties to adopt. If the Board adopts such an ordinance,
hunting would be prohibited in all but a very small section of the
northwestern arm of the Reservoir. (See attached map) Hunting prohibitions
are enforced by the State Department of Game and Inland Fisheries ("DGIP").
In order for an ordinance to be enforced this year, the Board would need to
adopt the ordinance and then notify the DGIF before May 1 of this year. DGIF
would then begin enforcing the ordinance effective July 1, 2003.
The proposed ordinance would not affect hunting in any part of the
County other than on Swift Creek Reservoir.
Preparer:
Steven L. Micas
Title: County Attorney
0505:60712.1 (60713.1)
Attachments:
~Yes ~ No
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDiNG
AND RE-ENACTING SECTION 14-11 RELATING TO
HUNTiNG ON SWIFT CREEK RESERVOIR
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 14-11 of the Code o. f the County o. f Chesterfield, 1997, as amended,
is amended and re-enacted to read as follows:
Sec. 14-11. Same--Hunting or carrying a loaded firearm near public schools or parksl
Hunting on Swift Creek Reservoir.
(a) No person shall shoot, hunt or attempt to hunt with a firearm within 100
yards of any property line of any county public school or county park.
(b) No person shall transport, possess or carry a loaded firearm within 100
yards of any property line of any county public school or county park.
(c) This section shall not apply to lands within a national or state park, state
forest or wildlife management area.
(d) no person shall shoot, hunt or attempt to hunt on Swift Creek Reservoir
except when more than one-half mile from a recorded residential subdivision. Signs
notifying members of the public of this regulation shall be posted at the entrance of all
subdivisions which abut the Reservoir, at the location where any state road crosses the
Reservoir, and at 50 foot intervals along any boundary on the Reservoir itself which
delineates the boundary of a No Hunting area.
(-d) (e) Any person violating the provisions of this section shall be guilty of a
class 4 misdemeanor.
(2) That this ordinance shall become effective immediately upon adoption.
0505:60713.1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: Februar~ 26, 2003
Item Number: 8.D.5.a.
Subject:
Request to Quitclaim a Portion of a Sixteen-Foot Drainage Easement
Across the Property of E. Ray Morris
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' drainage easement across the property of E. Ray Morris.
Summary of Information:
E. Ray Morris has requested the quitclaim of a portion of a 16' drainage
easement across his property as shown on the attached plat. Staff has
reviewed the request and recommends approval.
District: Midlothian
Preparer: John W. Harmon
Title: Ri.qht of Way Mana.qer
Attachments:
Yes
~-~No
#OOoa.;~$
VICINITY'SKETCH
REQUEST TO QU1TCL.MM A PORTION OF A SIXTEEN FOOT DRAINAGE
EASEMENT ACROSS THF PROPERTY OF E. RAY MORRIS
0Oo~
ill
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: February26, 2003 Item Number: 8.D.5.b.
Subiect: Request to Quitclaim a Portion of a Sixteen-Foot Water Easement
Across the Property of Alverser, LLC
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' water easement across the property of Alverser, LLC.
Summary of Information:
Alverser, LLC has requested the quitclaim of a portion of a 16' water
easement across its property as shown on the attached plat. Staff has
reviewed the re~aest and recommends approval.
District: Midlothian
Preparer: John W. Harmon
Title: Ri,qht of Way Manaqer
Attachments:
r--]No
VICINITY SKETCH
REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN FOOT WATER
EASEMENT ACROSS THE PROPER~ OF ALVERSER, LLC
N
000129
m -.-
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: Februar}/26, 2003
Item Number: 8.D.6.a.
Subiect:
Acceptance of a Parcel of Land Along the South Right of Way Line of
Osborne Road from Barney E. and Martha M. McLaughlin
County Administrator's Comments:
County Administrator:
Board Action Reques~d: Accept the conveyance of a parcel of land containing
0.065 acres along the south right of way line of Osborne Road (State Route
616) from Barney E. and Martha M. McLaughlin, and authorize the County
Administrator to execute the deed.
Summary of Information:
It is the policy of the county to acquire right of way whenever possible
through development to meet the ultimate road width as shown on the County
Thoroughfare Plan. The dedication of this parcel conforms to that plan, and
will decrease the right of way costs for road improvements when constructed.
District: Bermuda
Preparer: John W. Harmon
Title: Ri,qht of Way Mana.qer
Attachments:
-]No
#000131
VICINITY SKETCH
ACCEPTANCE OF A PARCEL OF LAND ALONG THF~ SOUTH RIGHT OF WAY LINE OF
OSBORNE ROAD FROM BARNEY E. AND M~THA M. MCLAUGI~IN
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CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: Februa~ 26, 2003
Item Number: 8.D.6.b.
Subject:
Acceptance of a Parcel of Land Along the South Right of Way Line of
River Road from Joseph A. Simmons, Sr.
County Administrator's Comments:
County Administrator:
Board Action Requested: Accept the conveyance of a parcel of land containing
0.145 acres along the south right of way line of River Road (State Route 602)
from Joseph A. Simmons, Sr., and authorize the County Administrator to
execute the deed.
Summary of Information:
The dedication of this right of way is a requirement for the development of
River's Trace Subdivision.
Approval is recommended.
District: Matoaca
Preparer: John W. Harmon
Title: Ri.qht of Way Mana,qer
Attachments:
Ycs
--]No
VICINITY SKETCH
ACCEPTANCE OF A PARCEl OF LAND ALONG THE SOUTH RIGHT OF
WAY LINE OF RIVER ROAD FROM JOSEPH A. SIMMONS, SR.
N
000~.8~
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· PLANNERS · ARCHITECTS · ENGINEERS · SURVEYORS ·
11038 ~ Pn~my · 8uile ~ · A,a//dan~ VIrgln~ 23006 - (804) 560-2868 .Fnx (804) 550-2057
)3.36
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of I
Meetin~l Date: February/26, 2003
Item Number: 10.A.
Subiect:
Status of General Fund Balance, Reserve for Future Capital Projects,
District Improvement Fund, and Lease Purchases
County Administrator's Comments:
County Administrator:
Board Action Requested:
Summary of Information:
Preparer:
Lane B. Ramse¥
Title: County Administrator
Attachments:
Yes [-~ No
}00~.37
CHESTERFIELD COUNTY
GENERAL FUND BALANCE
February 26, 2003
BOARD
MEETING
DATE
07/01/02
11113/02
11/13/02
11/13/02
11/13~02
11/13/02
11/13/02
11/13/02
DESCRIPTION
FY2003 Budgeted Beginning Fund Balance
Designate excess revenue (County) for non-recurring items
in FY2004
Designate excess expenditures (County) for non-recurring
items in FY2004
Designate excess revenue (Schools) for non-recurring
items in FY2004
FY02 Results of Operations - Schools unspent General
Fund Transfer for non-recurring items in FY2004
FY02 Results of Operations - Parks
FY02 Results of Operations - Libraries
FY02 Results of Operations - CSA Shortfall
AMOUNT
(1,712,213)
(819,183)
(1,852,802)
(1,145,159)
(150,000)
(150,000)
(60,300)
BALANCE
$42,493,947
$40,781,734
$39,962,551
$38,109,749
$36,964,590
$36,814,590
$36,664,590
$36,604,290
O0013S
Board
Meeting
Date
CHESTERFIELD COUNTY
RESERVE FOR FUTURE CAPITAL PROJECTS
TRADmONAI J,Y FUNDED BY DEBT
February 26, 2003
Description
FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001
4/4/2001 FY02 Budgeted Addition
4/4/2001 FY02 Capital Projects
7/25/2001 County's Master Plan Update
9/26/2001 Video equipment for Circuit and General District
Courts
10/24/2001 360 West Corridor Plan
11/14/2001 Building Improvements (County Administration)
11/14/2001 Security Enhancements (MH/MR and County
Administration)
2/27/2002 Consultant study to develop revitalization/
development strategy for the Cloverleaf Mall Area
4/24/2002 Settlement of the Route 10 widening condemnation
lawsuit with Heritage Chevrolet
4/24/2002 Government Center Parkway Project - partial funding
($1.25 million project)
FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002
4/10/2002 FY03 Budgeted Addition
4/10/2002 FY03 Capital Projects
8/28/2002 Purchase land for athletic facilities at Spring Run
Elementary School, closing costs, and environmental
assessment
Amount
8,800,000
(7,579,700)
(85,000)
(90,000)
(70,000)
(17o,ooo)
(lO7,OOO)
(50,000)
(250,000)
(75,000)
(7,277,800)
(140,000)
Balance
9,988,012
2,408,312
2,323,312
2,233,312
2,163,312
1,993,312
1,886,312
1,836,312
1,586,312
1,511,312
10,111,312
2,833,512
2,693,512
000J.39
0009.40
Prepared by
Accounting Department
January 31, 2003
SCHEDULE OF CAPITALIZED LEASE PURCHASES
Date
Began
04/99
06/99
1/01
03/01
04/01
11/00
09/01
APPROVED AND EXECUTED
Description
Public Facility Lease - Juvenile Courts Project
School Copier Lease #1 - Manchester High School
Certificates of Participation/
Building Construction, Expansion and Renovation;
Acquisition/Installation of Systems
Telephone System Upgrade
School Copier Lease #2 - Manchester High School
School Copier Lease #3 - Chester Middle School
School Server Lease
TOTAL APPROVED
AND EXECUTED
Original
Amount
$16,100,000
43,587
13,725,000
1,222,411
20,268
20,268
278,372
$31,409,906
Date
Ends
11/19
05/04
11/21
03/05
03/06
09/05
07/O5
Outstanding
Balance
01/31/03
$13,685,000
13,372
12,805,000
421,198
14,235
11,991
165,915
$27,116,711
PENDING EXECUTION
Description
Building Construction, Road Construction, Park
Improvements and Systems - Certificates of Participation
Approved June 26, 2002
Approved
Amount
$12,000,000
000141
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of 3
Meetin~l Date: February 26, 2003 Item Number: 10.B.
Subiect: Developer Water and Sewer Contracts
County Administrator's Comments:
County Administrator:
Board Action Requested: The Board of Supervisors has authorized the County
Administrator to execute water and/or sewer contracts between the County and
the Developer where there are no County funds involved.
The report is submitted to the Board members as information.
Summary of Information'
The following water and
Administrator:
1. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
sewer contracts were executed by the County
01-0153
The Grove - Kingham, Section 4
The Grove, LP
Piedmont Construction Company, Inc.
Water Improvements -
Wastewater Improvements -
Midlothian
$26,290.00
$64,655.00
Preparer:
Craig S. Bryant
Title:
Director of Utilities
Attachments:
~--~ Yes
No
Agenda Item
February 26, 2003
Page 2
o
o
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
01-0231
Piney Branch Subdivision
Piney Branch Development Company
Excalibur Construction Corporation
Water Improvements -
Wastewater Improvements -
Bermuda
01-0296
Qualla Farms Pump Sewer, Force Main
and Outfall Sewer Along Alberta Road
Reedy Mill, LC
Anderson Construction Incorporated
Wastewater Improvements -
Matoaca
01-0418
Mt. Gilead International Ministries
Trustees of Mt. Gilead Full Gospel
International Ministries
Gleghorn Excavating Incorporated
Water Improvements -
Wastewater Improvements -
Clover Hill
$84,350.00
$138,316.00
$610,550.00
$77,110.00
$43,700.00
000:1.4;]
Agenda Item
February 26, 2003
Page 3
5. Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
02-0244
The Grove - Coalbrook - Section 4
The Grove, LP
Piedmont Construction Company, Incorporated
Water Improvements - $26,655.00
Wastewater Improvements - $46,030.00
Midlothian
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
02-0257
13323 Midlothian Turnpike Sewer Extension
The Barn Property
The Barn LLC
Piedmont Construction Company,
Wastewater Improvements -
Midlothian
Incorporated
$48,982.00
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
02-0284
The Village at Swift Creek - Cracker Barrel
Cracker Barrel 01d Country Store, Inc.
G. L. Pruett, Incorporated
Water Improvements -
Wastewater Improvements -
Matoaca
$28,891.00
$15,466.00
Contract Number:
Project Name:
Developer:
Contractor:
Contract Amount:
District:
02-0305
Meadowbrook Farms, Sections J & K
Associate Builders Alliance, LLC
Coastal Utilities, Incorporated
Water Improvements -
Wastewater Improvements -
Dale
$52,278.90
$67,458.5~0
000 .44
CHESTERFIELD COUNTY
, BOARD OF SUPERVISORS Page I of 1
AGENDA
Meeting Date: February 26, 2003 Item Number: 10.C.
Subject:
Roads Accepted into the State Secondary System
County Administrator's Comments:
County Administrator: ~
Board Action Requested:
Summary of Information:
Preparer: Lisa H. Elko Title: Clerk to the Board
Attachments: 1Yes ~-]No (~'(~01z/,~
~0~46
o
o
'~0~47
0~0:t48
~00149
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: February 26, 2003
Subiect:
Resolution Recognizing Ms. Allie Pettigrew
County Administrator's Comments:
Item Number: 14.
County Administrator:
Board Action Requested:
Mr. Miller requested that the following resolution be adopted.
Summary of Information:
This resolution is to recognize Ms. Allie Pettigrew as a Distinguished
Finalist and bronze medallion recipient of The Prudential Insurance Company
of America and the National Association of Secondary School Principals' annual
awards.
Preparer: Donald J. Kappel
Title: Director, Public Affairs
Attachments:
Ycs
-]No
RECOGNIZING MS. ALLIE PETTIGREW FOR HER COPS~UNITY PARTICIPATION
WHEREAS, The Prudential Insurance Company of America and the
National Association of Secondary School Principals sponsors an annual
awards program to recognize student volunteers for their contributions to
their community; and
WHEREAS, this year's award winners were announced February 4, 2003
by Mr. Arthur F. Ryan, chairman and CEO of Prudential Financial and
Gerald N. Tirozzi, executive director, National Association of Secondary
School Principals; and
WHEREAS, Ms. Allie Pettigrew, a Chesterfield County resident and a
student at Clover Hill High School, was named as a Distinquished Finalist
and bronze medallion recipient; and
WHEREAS, this is a significant accomplishment in light of the fact
that more than 24,000 high school and middle school students were
considered for awards this year; and
WHEREAS, Ms. Pettigrew, a freshman at Clover Hill High School,
compiled a book of poems, letters and songs expressing gratitude to
America's armed forces, and sent 2,000 copies to individuals serving on
the U.S.S. Theodore Roosevelt; and
WHEREAS, Ms. Pettigrew has distinguished herself by her service to
others.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of
Supervisors, this 26th day of February 2003, publicly recognizes Ms. Allie
Pettigrew, expresses its appreciation and congratulations, on behalf of
the grateful citizens of Chesterfield County, for her community spirit
and her dedication to helping others, and wishes her continued success in
all her endeavors.
AND, BE IT FURTHER RESOLVED, that a copy of this resolution be
presented to Ms. Pettigrew and that this resolution be permanently
recorded among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
0001S1
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 1 of 2
Meeting Date: February 26, 2003
Item Number: 17.
Subject:
Public Hearing to Consider the Approval of a Ground Lease in Connection
with Certificates of Participation Financing for the County Jail
Replacement Project, and Approval of Resolution to Authorize Entering Into
a Ground Lease, and Other Actions Related to Certificates of Participation
Financing for the County Jail Replacement Project and Expansion/Renovation
of the Juvenile Detention Home
County Administrator's Comments~/~,
County Administrator: ~
Board Action Requested:
The Board is requested to 1) hold a public hearing to consider the approval
of a Ground Lease to be entered into in connection with the planned
Certificates of Participation financing for the County Jail Replacement
Project, 2) approve the attached resolution to approve entering into a
Ground Lease, a Lease/Purchase Agreement, a Trust Agreement, and other
related agreements in connection with Certificates of Participation
financing for the County Jail Replacement Project and the
Expansion/Renovation of the Juvenile Detention Home
Summary of Information:
On June 26, 2002 the Board approved a resolution which authorized the
issuance of not to exceed $12 million principal amount of Certificates of
Preparer: Rebecca T. Dickson
Title: Directo6 Budget and Management
Attachments:
Yes
No ~015~,
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page 2 of 2
Meeting Date: February 26, 2003
Participation for the Juvenile Detention Home Expansion/Renovation, County
Complex Road Project, Park Improvements, County Jail Replacement, Community
Development Building, and the Financial/Human Resource System.
After analyzing current available funds and cash flow projections, staff has
determined that the sale of Certificates of Participation for the Community
Development Building and the Financial/Human Resource System is not required
at this time. Both projects will continue to proceed with available
lease/purchase proceeds and/or other funding sources.
Additionally, a transfer of general fund dollars currently budgeted in the
Detention Home project, to the County Complex Road Project and Park
Improvements Project, and a corresponding increase in the reimbursement to
the Detention Home project for expenditures made subsequent to the June 26,
2002 Board resolution negates the need to issue Certificates of Participation
for the County Complex Road and the Park Improvements project.
As a result, the issuance of Certificates of Participation is scheduled for
March, 2003 to finance the completion of the Expansion/Renovation of the
Juvenile Detention Home and the design and initial construction work for the
Jail Replacement Project.
This item requests that the Board hold a public hearing to consider the
approval of a ground lease of real property which encompasses the County Jail
site at the Chesterfield County Government Complex. Section 15.2-1800 of the
Code of Virginia, 1950, requires that a public hearing be held prior to the
leasing of real property owned by the County.
With respect to the Juvenile Detention Home property, a ground lease for this
site was executed as part of Certificates of Participation financing in 2001.
Additional certificates will be issued under this existing ground lease;
therefore no public hearing is required for this project.
Additionally, the Board is requested to adopt the attached resolution which
authorizes entering into a Ground Lease (with SunTrust Leasing Corporation as
Lessee), and authorizes entering into a Lease/Purchase Agreement, a Trust
Agreement, and other related agreements (subject to approval by the County
Attorney and Bond Counsel) related to the planned Certificates of
Participation financing.
Funds for both the Expansion/Renovation of the Juvenile Detention Home and
the County Jail Replacement Project have been appropriated.
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE FORMS AND THE TERMS,
CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A FIRST SUPPLEMENTAL LEASE/PURCHASE AGREEMENT,
DATED AS OF MARCH 1, 2003, BY AND BETWEEN SUNTRUST LEASING
CORPORATION, AS LESSOR, AND THE COUNTY, AS LESSEE, SUPPLEMENTING
A LEASE/PURCHASE AGREEMENT, DATED AS OF JANUARY 1, 2001, BY AND
BETWEEN SUCH PARTIES, AND A FIRST SUPPLEMENTAL TRUST AGREEMENT,
DATED AS OF JANUARY 1, 2003, BY AND AMONG SUNTRUST BANK, AS THE
TRUSTEE, SUNTRUST LEASING CORPORATION AND THE COUNTY,
SUPPLEMENTING A TRUST AGREEMENT, DATED AS OF JANUARY 1, 2001, BY
AND AMONG SUCH PARTIES, IN CONNECTION WITH THE AUTHORIZATION,
ISSUANCE, SALE AND DELIVERY OF $3,070,000 PRINCIPAL AMOUNT OF
CERTIFICATES OF PARTICIPATION, SERIES 2003A, DATED MARCH 1, 2003, TO
FINANCE A PORTION OF THE COST OF THE ACQUISITION, CONSTRUCTION,
INSTALLATION, FURNISHING AND EQUIPPING OF THE EXPANSION AND
RENOVATION OF THE COUNTY'S EXISTING JUVENILE DETENTION HOME AND
RENOVATION OF THE COUNTY'S EXISTING JUVENILE COURTS BUILDING FOR
USE AS A JUVENILE DETENTION FACILITY; APPROVING THE FORMS AND THE
TERMS, CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A GROUND LEASE, DATED AS OF MARCH 1, 2003, BY AND
BETWEEN THE COUNTY, AS LESSOR, AND SUNTRUST LEASING
CORPORATION, AS LESSEE, A LEASE/PURCHASE AGREEMENT, DATED AS OF
MARCH 1, 2003, BY AND BETWEEN SUNTRUST LEASING CORPORATION, AS
LESSOR, AND THE COUNTY, AS LESSEE, AND A TRUST AGREEMENT, DATED AS
OF MARCH 1, 2003, BY AND AMONG THE COUNTY, SUNTRUST BANK, AS
TRUSTEE, AND SUNTRUST LEASING CORPORATION IN CONNECTION WITH
THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF $3,030,000
PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION, SERIES 2003B,
DATED MARCH1, 2003, TO FINANCE A PORTION OF THE COST OF
ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING
OF A NEW COUNTY JAIL; AUTHORIZING AND DIRECTING THE PREPARATION
AND DISTRIBUTION OF A PRELIMINARY OFFERING STATEMENT AND THE
PREPARATION, EXECUTION AND DELIVERY OF AN OFFERING STATEMENT
AND DEEMING THE PRELIMINARY OFFERING STATEMENT FINAL FOR
PURPOSES OF SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12;
DELEGATING TO THE COUNTY ADMINISTRATOR THE AUTHORITY TO
APPROVE THE SALE OF THE CERTIFICATES AND THE DEFINITIVE DETAILS
OF THE CERTIFICATES; AUTHORIZING THE TAKING OF FURTHER ACTION TO
CARRY OUT, GIVE EFFECT TO AND CONSUMMATE THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION; AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS
WHEREAS, the Board of Supervisors (the "Board") of the County of
Chesterfield, Virginia (the "County"), in a resolution adopted by the Board on January 10, 2001
416928.1 025156 RES
000154
(the "January 10, 2001 Resolution") has heretofore determined that it was advisable for the
County to enter into a Ground Lease, dated as of January 1, 2001 (the "2001 Ground Lease"), by
and between the County, as lessor, and SunTrust Leasing Corporation (the "Leasing
Corporation"), as lessee, providing for the leasing by the County to the Leasing Corporation of
the sites of the County's existing Juvenile Detention Home, Juvenile Courts Building and
Information Technology Building and an Airport Hangar at the Chesterfield County Airport and
such buildings now or hereafter existing thereon and conducted a public hearing with respect to
the same in accordance with Section 15.2-1800.B of the Code of Virginia, 1950 (the "Virginia
Code"), on November 8, 2000; and
WHEREAS, the Board in the January 10, 2001 Resolution determined that it was
advisable for the County to enter into a Lease/Purchase Agreement, dated as of January 1, 2001
(the "2001 Lease/Purchase Agreement"), by and between the Leasing Corporation, as lessor, and
the County, as lessee, providing for the leasing by the County from the Leasing Corporation of
such sites and such buildings and a Financial/Human Resources Information System and a
Community Development Information System to be acquired and installed for the County; and
WHEREAS, the Board in the January 10, 2001 Resolution determined that it was
advisable for the County to enter into a Trust Agreement, dated as of January 1, 2001 (the "2001
Trust Agreement"), by and among SunTrust Bank, as Trustee (the "Trustee"), the Leasing
Corporation and the County; and
WHEREAS, on January 24, 2001, there were issued under the 2001 Trust
Agreement, $13,725,000 principal amount of Certificates of Participation, Series 2001, dated
January 1, 2001 (the "Series 2001 Certificates"), for the purpose of financing a portion of the
costs of the acquisition, construction, installation, furnishing and equipping of the Project (as
defined in the 2001 Lease/Purchase Agreement, which included expansion and renovation of the
County's existing Juvenile Detention Home and the renovation of the County's existing Juvenile
Courts Building for use as a juvenile detention facility (the "Juvenile Detention Facility
Project)); and
WHEREAS, the 2001 Trust Agreement authorizes the issuance of Additional
Certificates payable from rentals payable under the 2001 Lease/Purchase Agreement and entitled
to the lien and charge securing the Outstanding Certificates issued under the 2001 Trust
Agreement to pay any Cost of the Project described in the 2001 Trust Agreement which is not
provided from the proceeds of the Series 2001 Certificates; and
WHEREAS, the Board has determined that it is advisable for the County to enter
into (i) a First Supplemental Lease/Purchase Agreement, dated as of March 1, 2003 (the "First
Supplemental Lease/Purchase Agreement"), by and between the Leasing Corporation, as lessor,
and the County, as lessee, supplementing the 2001 Lease/Purchase Agreement; and (ii) a First
Supplemental Trust Agreement, dated as of March 1, 2003 (the "First Supplemental Trust
Agreement"), by and among the Trustee, the Leasing Corporation and the County,
supplementing the 2001 Trust Agreement, in connection with the issuance of $3,070,000
principal amount of Certificates of Participation, Series 2003A, dated March 1, 2003 (the "Series
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416928.1 025156 RES
000:[S5
2003A Certificates"), as Additional Certificates under the 2001 Trust Agreement for the purpose
of financing additional costs of the Juvenile Detention Facility Project; and
WHEREAS, the Board has determined that it is advisable for the County to enter
into a Ground Lease, dated as of March 1, 2003 (the "2003 Ground Lease"), by and between the
County, as lessor, and the Leasing Corporation, as lessee, providing for the leasing by the
County to the Leasing Corporation of the site of a new County Jail and such buildings now or
hereafter existing thereon and has determined to conduct a public hearing with respect to the
same in accordance with Virginia Code Section 15.2-1800.B, on February 26, 2003 at the regular
meeting of the Board at which this Resolution is being adopted; and
WHEREAS, the Board has determined that it is advisable for the County to enter
into a Lease/Purchase Agreement, to be dated as of March 1, 2003 (the "2003 Lease/Purchase
Agreement"), by and between the Leasing Corporation, as lessor, and the County, as lessee,
providing for the leasing by the County from the Leasing Corporation of such site and such
buildings; and
WHEREAS, the Board has determined that it is advisable for the County to enter
into a Trust Agreement, dated as of March 1, 2003 (the "2003 Trust Agreement"), by and among
the Trustee, the Leasing Corporation and the County; and
WHEREAS, the Board has determined that it is advisable for the County to enter
into (i) the 2003 Ground Lease; (ii) the 2003 Lease/Purchase Agreement; and the 2003 Trust
Agreement, in connection with the issuance of $3,030,00 principal amount of Certificates of
Participation, Series 2003B, dated March 1, 2003 (the "Series 2003B Certificates" and,
collectively with the Series 2003A Certificates, the "Certificates"), under the 2003 Trust
Agreement for the purpose of financing a portion of the costs of the acquisition, construction,
installation, furnishing and equipping of the new County Jail and related on-site and off-site
improvements; and
WHEREAS, the Board has determined that it is advisable to take certain other
actions in connection with the authorization, issuance, sale and delivery of the Certificates,
including delegating to the County Administrator the authority to approve the interest rates for
and other details of the Certificates;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Definitions.
"Certificates" shall mean collectively the Series 2003A Certificates and the Series
2003B Certificates.
"First Supplemental Lease/Purchase Agreement" shall mean the First
Supplemental Lease/Purchase Agreement, dated as of March 1, 2003, by and between the
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000256
Leasing Corporation, as lessor, and the County, as lessee, supplementing the 2001
Lease/Purchase Agreement.
"First Supplemental Trust Agreement" shall mean the First Supplemental Trust
Agreement, dated as of March 1, 2003, by and among the Trustee, the Leasing Corporation and
the County, supplementing the 2001 Trust Agreement.
"Leasing Corporation" shall mean SunTrust Leasing Corporation, a corporation
organized and existing under the laws of Commonwealth of Virginia.
"Project" shall have the meaning given to such term in each of the 2001
Lease/Purchase Agreement and the 2003 Lease/Purchase Agreement. "Projects" shall mean
collectively the Project as such term is defined in the 2001 Lease/Purchase Agreement and the
Project as such term is defined in the 2003 Lease/purchase Agreement.
"Trustee" shall mean SunTrust Bank, a banking corporation organized and
existing under the laws of the State of Georgia and having a corporate trust office in the City of
Richmond, Virginia.
"2001 Lease/purchase Agreement" shall mean the Lease/Purchase Agreement,
dated as of January 1, 2001, by and between the Leasing Corporation, as lessor, and the County,
as lessee.
"2001 Trust Agreement" shall mean the Trust agreement, dated as of January 1,
2001, by and between the Leasing Corporation, as lessor, and the County, as lessee.
"2003 Ground Lease" shall mean the Ground Lease, dated as of March 1, 2003, to
be entered into by and between the County, as lessor, and the Leasing Corporation, as lessee.
"2003 Lease/Purchase Agreement" shall mean Lease/Purchase Agreement, to be
dated as of March 1, 2003, to be entered into by and between the Leasing Corporation, as lessor,
and the County, as lessee, providing for the leasing of the Project (as defined in the 2003
Lease/Purchase Agreement) to the County.
"2003 Trust Agreement" shall mean the Trust Agreement, dated as of March 1,
2003, to be entered into by and among the Trustee, the Leasing Corporation and the County.
"2003A Certificates" shall mean the Certificates of Participation, Series 2003A,
dated March 1, 2003, to be issued as Additional Certificates under the 2001 Trust Agreement.
"2003B Certificates" shall mean the $3,030,000 principal amount of Certificates
of Participation, Series 2003B, dated March 1, 2003, to be issued as the initial series of
Certificates under the 2003 Trust Agreement.
SECTION 2. Findings and Determinations. The Board hereby finds and
determines that:
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416928.1 025156 RES
O0015'
(a) The leasing of each of the Projects is presently essential to the County and
are anticipated to continue to be essential to the County.
(b) (i) The representations set forth in Section2.1 of the 2001
Lease/Purchase Agreement, as supplemented by the First Supplemental Lease/Purchase
Agreement, are true and correct on and as of the date of adoption of this Resolution.
(ii) The statements set forth in Section 4.4 of the 2001 Lease/Purchase
Agreement, as supplemented by the First Supplemental Lease/Purchase Agreement, accurately
reflect the intention of the Board with respect to the subject matter thereof, subject to the
qualification recited therein that the Board is not empowered to make any commitment beyond
the current fiscal year of the County.
(c) (i) The representations set forth in Section 2.1 of the 2003
Lease/Purchase Agreement are true and correct on and as of the date of adoption of this
Resolution.
(ii) The statements set forth in Section 4.4 of the 2003 Lease/Purchase
Agreement accurately reflect the intention of the Board with respect to the subject matter thereof,
subject to the qualification recited therein that the Board is not empowered to make any
commitment beyond the current fiscal year of the County.
SECTION 3. Approval of the Form of the First Supplemental Lease/Purchase
Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the
First Supplemental Lease/purchase Agreement. The form of the First Supplemental
Lease/purchase Agreement presented to and filed with the minutes of the meeting of the Board at
which this Resolution is being adopted and the terms, conditions and provisions thereof
(including in particular the Base Payments required to be paid under Section 4.3(a) thereof as the
same shall be set forth in Exhibit C thereto and the other rental payments required to be paid
under such Section4.3(a)) are hereby approved, ratified and confirmed, and the County
Administrator or any Deputy County Administrator is hereby authorized and directed to execute
and deliver to the Leasing Corporation the First Supplemental Lease/purchase Agreement in
such form, together with such changes as shall be approved by the County Administrator or
Deputy County Administrator executing the same upon the advice of counsel to the County, such
approval to be conclusively evidenced by his execution thereof.
SECTION 4. Approval of the Form of the First Supplemental Trust Agreement
and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the First
Supplemental Trust Agreement. The form of the First Supplemental Trust Agreement presented
to and filed with the minutes of the meeting of the Board at which this Resolution is being
adopted and the terms, conditions and provisions thereof, are hereby approved, ratified and
confirmed, and the County Administrator or any Deputy County Administrator is hereby
authorized and directed to execute and deliver the First Supplemental Trust Agreement to the
Trustee and the Leasing Corporation, together with such changes as shall be approved by the
County Administrator or Deputy County Administrator executing the same upon the advice of
counsel to the County, such approval to be conclusively evidenced by his execution thereof.
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416928.1 025156 RES
SECTION 5. Approval of the Form of the 2003 Ground Lease and the Terms,
Conditions and Provisions Thereof; Authorization and Direction of Execution and Delivery of
the 2003 Ground Lease. The form of the 2003 Ground Lease presented to and filed with the
minutes of the meeting of the Board at which this Resolution is being adopted and the terms,
conditions and provisions thereof, are hereby approved, ratified and confirmed, and the County
Administrator or any Deputy County Administrator is hereby authorized and directed to execute
and deliver to the Leasing Corporation the 2003 Ground Lease in such form, together with such
changes as shall be approved by the County Administrator or Deputy County Administrator
executing the same upon advice of counsel to the County, such approval to be conclusively
evidenced by his execution thereof.
SECTION 6. Approval of the Form of the 2003 Lease/Purchase Agreement and
the Terms, Conditions and Provisions Thereof; Execution and Delivery of the 2003
Lease/Purchase Agreement. The form of the 2003 Lease/Purchase Agreement presented to and
filed with the minutes of the meeting of the Board at which this Resolution is being adopted and
the terms, conditions and provisions thereof (including in particular the Base Payments required
to be paid under Section 4.3(a) thereof as the same shall be set forth in Exhibit B thereto and the
other rental payments required to be paid under such Section 4.3(a)) are hereby approved,
ratified and confirmed, and, subject to the execution and delivery by the County of the 2003
Ground Lease in accordance with Section 5, the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute and deliver to the Leasing
Corporation the 2003 Lease/Purchase Agreement in such form, together with such changes as
shall be approved by the County Administrator or Deputy County Administrator executing the
same upon the advice of counsel to the County, such approval to be conclusively evidenced by
his execution thereof.
SECTION 7. Approval of the Form of the 2003 Trust Agreement and the Terms,
Conditions and Provisions Thereof; Execution and Delivery of the 2003 Trust Agreement;
Approval of Appointment of Trustee. (a) The form of the 2003 Trust Agreement presented to
and filed with the minutes of the meeting of the Board at which this Resolution is being adopted
and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed,
and, subject to the execution and delivery by the County of the 2003 Ground Lease in
accordance with Section 5, the County Administrator or any Deputy County Administrator is
hereby authorized and directed to execute and deliver the 2003 Trust Agreement to the Trustee
and the Leasing Corporation, together with such changes as shall be approved by the County
Administrator or Deputy County Administrator executing the same upon the advice of counsel to
the County, such approval to be conclusively evidenced by his execution thereof.
(b) The Board hereby approves the appointment of SunTrust Bank as Trustee
under the 2003 Trust Agreement.
SECTION 8. Preparation and Distribution of Preliminary Offering Statement
and Preparation, Execution and Delivery of Offering Statement; Preliminary Offering Statement
"Deemed Final" for Purposes of Rule 15c2-12 of the Securities and Exchange Commission. (a)
The County Administrator and other appropriate officials and employees of the County are
hereby authorized and directed to prepare and distribute or disseminate,' or cause to be prepared
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416928.1 025156 RES
O Joi$
and distributed or disseminated, to prospective purchasers of the Certificates a Preliminary
Offering Statement relating to the Certificates (the "Preliminary Offering Statement"), such
Preliminary Offering Statement to be in substantially the form presented to and filed with the
minutes of the meeting of the Board at which this Resolution is being adopted. All actions taken
by the officials, employees, agents and attorneys of the County with respect to the preparation
and distribution or dissemination of such Preliminary Offering Statement prior to the date hereof
are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Certificates (the "Offering Statement"), such Offering
Statement to be in substantially the form of the Preliminary Offering Statement with the
completion therein of the information with respect to the interest rates to be borne by the
Certificates as specified by the successful bidder for the Certificates and other definitive details
of the Certificates determined upon the sale of the Certificates to the successful bidder therefor.
(c) The County Administrator is hereby authorized to execute and deliver to
the representative of the purchasers of the Certificates the Offering Statement relating to the
Certificates in accordance with the provisions of the Detailed Notice of Sale relating to the
Certificates.
(d) The Preliminary Offering Statement shall be "deemed final" as of its date
for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant
to the Securities Exchange Act of 1934 ("Rule 15c2-12") except for the omission of certain
information permitted to be omitted by Rule 15c2-12. The County Administrator is hereby
authorized to execute and deliver to the representative of the purchasers of the Certificates a
certificate dated the date of the Preliminary Offering Statement stating that the Preliminary
Offering Statement is "deemed final" as of its date by the County for purposes of Rule 15c2-12.
SECTION 9. Sale of Certificates; Details of Certificates. (a) There is hereby
delegated to the County Administrator authority, without further action by the Board, to approve
the sale of the Certificates at competitive sale at not less than 99% of the principal amount
thereof, plus accrued interest thereon from March 1, 2003 and payment therefor, and on such
other terms and conditions as shall be provided in the Detailed Notice of Sale relating to the
Certificates. The County Administrator is hereby authorized to cause to be published and
distributed a Detailed Notice of Sale relating to the Certificates in such form and containing such
terms and conditions as he may deem advisable, subject to the provisions hereof. In lieu of
publishing the full text of the Detailed Notice of Sale relating to the Certificates in accordance
with the provisions of the immediately preceding sentence, the County Administrator is hereby
authorized to cause a Summary Notice of Sale of the Certificates in such form as the County
Administrator shall approve to be published in The Bond Buyer on a date selected by the County
Administrator and is hereby further authorized to cause to be prepared and distributed a Detailed
Notice of Sale relating to the Certificates, such Detailed Notice of Sale to be in substantially the
form set forth in Appendix F to the Preliminary Offering Statement relating to the Certificates
presented to the meeting at which this Resolution is being adopted.
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416928.1 025156 RES
(b) The County is hereby authorized to receive bids for the purchase of the
Certificates and, the County Administrator, without further action by the Board, is authorized to
approve the acceptance of the bid offering to purchase the Certificates at the lowest true interest
cost to the County, computed in accordance with the provisions of the Detailed Notice of Sale;
provided that (i) such bid is accompanied by a surety bond meeting the conditions specified in
the Detailed Notice of Sale relating to the Certificates and is otherwise in conformity with such
Detailed Notice of Sale; (ii) no premium payable upon the redemption of the Certificates shall be
in excess of two percent (2%); and (iii) the true interest cost to the County as specified in such
bid is not in excess of six percent (6%).
(c) The County Administrator, the Director of Accounting and the County
Attorney are hereby authorized to execute and deliver to the purchasers of the Certificates one or
more certificates in the forms provided for in the Offering Statement relating to the Certificates.
(d) The County Administrator is hereby authorized to approve the definitive
details of the Certificates as the same shall be set forth in the Detailed Notice of Sale, the
Preliminary Offering Statement, the Offering Statement and the bid submitted by the successful
bidder for the Certificates.
SECTION 10. Tax Covenant. The County covenants and agrees to comply with
the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder throughout the term of the Certificates.
SECTION 11. Further Action of the Board and of the Officials and Employees of
the County. The members of the Board and the officials and employees of the County are hereby
authorized and directed to take any and all such further action as upon advice of counsel to the
County they shall deem necessary or desirable in order to carry out, give effect to and
consummate the transactions contemplated by this Resolution and by the terms of the First
Supplemental Lease/Purchase Agreement, the First Supplemental Trust Agreement, the 2003
Ground Lease, the 2003 Lease/Purchase Agreement and the 2003 Trust Agreement and by any of
the documents referred to herein or therein or approved hereby or thereby.
SECTION 12. Repeal of Conflicting Resolutions. All resolutions, or portions
thereof, heretofore adopted by the Board which are in conflict or inconsistent with this
Resolution are hereby repealed to the extent of such inconsistency.
SECTION 13. Effectiveness of Resolution. This Resolution shall be effective
from and after its adoption.
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416928.1 025156 RES
0 0161
P.O. Bo× 85333
Richmond, Virginia 23293-0001
An Affiliate of Media Genera
{804) 649.6000
Advertising Affidavit
~Date
Code Description Ad Size
Total Cost
0~9/t 9/2(/¢)% 121
TAKE NOTI(',ETAKF. NOTICE THAT THE ROARD O 2.00 x I0.00 29R~40
ATTACH
Publisher of
THE RICHMOND TiMES-DiSPATCH
This is to certify that the attached TAKE N(')TJCETAKF, N(3T~Cf
was published bY Richmond Newspapers, Inc, in the City of RiChmond,
Stat~ of Virginia, on the following ~at~s:
02/19/2003
The first insertion being given ....
Newspaper reference: 1332668
Sworn to and subscribed before
me this ~ ~tJ( ~ ~
02/19/200%
State of Virginia
C~y of Ricl~mond
THIS iS NOT A 8iLL, PLEASE PAY FROIV! INVOICE. THANK Y
CHESTERFIELD COUNTY
BOARD OF SUPERVISORS
AGENDA
Page I of I
Meetin~l Date: February 26, 2003
Item Number: 19.
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 a regularly scheduled meeting to be
held on March 12, 2003 at 3:30 p.m.
Preparer: Lisa H. Elko
Affachments: ~-~ Yes
Title:
No
Clerk to the Board
O00: Z