Loading...
03-12-2003 PacketsCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: March 12, 2003 Item Number: 2. Subiect: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Mr. Michel Zajur, CEO/President of the Virginia Hispanic Chamber of Commerce, will make a presentation regarding the Chesterfield Board of Supervisors adopting a resolution extending an invitation to Zacatecas, Mexico to become a ~sister city" to the metropolitan region of Chesterfield, Hanover and Henrico Counties and the City of Richmond. Preparer: Lisa Elko Title: Clerk to the Board Attachments: ~-] Yes No 00000:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 5.A. Subject: Resolution Inviting Zacatecas, Mexico, to Become a "Sister City" to the Metropolitan Richmond Area County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requested that the following resolution be adopted. Summary of Information: This resolution is to invite Zacatecas, Mexico, to become a "Sister City" to Chesterfield County and the greater metropolitan Richmond region. Mr. Michel Zajur, CEO/President of the Virginia Hispanic Chamber of Commerce, will be in attendance to receive the resolution. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: No 000002 INVITING ZACATECAS, MEXICO TO BECOME A ~SISTER CITY" TO THE METRO RICH~4OND AREA WHEREAS, the "Sister City" concept was inauqurated by the President of the United States in 1956 to establish greater friendship and understanding between the people of the United States and those of other nations; and WHEREAS, all succeeding ~Sister City" concept; and presidents have endorsed the WHEREAS, Chesterfield County, along with Hanover and Henrico counties and the City of Richmond, have been requested by Sister Cities International to establish such a relationship with cities in other nations; and WHEREAS, Chesterfield County endorses this concept as a means of establishing and maintaining cordial and mutually beneficial relationships with international communities that bear some similarities to Chesterfield County and the Greater Richmond Metropolitan Area; and WHEREAS, the chairmen of the respective county Boards of Supervisors, along with the Mayor of the City of Richmond, are authorized to act as the official representatives of the Greater Richmond Metropolitan Area for this purpose. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly extends to Zacatecas, Mexico, an invitation to become a ~Sister City" to Chesterfield County and the Greater Metropolitan Richmond Region. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be provided to the Mayor and Council of Zacatecas, Mexico; to Sister Cities International; to the Embassy of Mexico and the United States Embassy in Mexico. 000003 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: March 12, 2003 Item Number: 5.B. Resolution Recognizing Ms. Anne S. McKenney of the Chesterfield Disability Services Board for Dedicated Service County Administrator's Comments: County Administrator: Board Action Requested: That the Board adopts this Resolution of Recognition. Summary of Information: Ms. Anne S. McKenney represented the At-Large membership for eight and one half years. Her term ended December 31,2002. Preparer: Jane H. Lanham Attachments: Ycs Title: Intera.qency Services Administrator 000004 RECOGNIZING MS. ANNE S. MCKENNEY FOR HER SERVICE ON THE DISABILITY SERVICES BOARD WHEREAS, the Chesterfield County Disability Services was formed as a result of the Disability Services Act of 1992; and WHEREAS, Ms. Anne McKenney served on the Disability Services Board from November 22, 1994 to December 31, 2002; and WHEREAS, Ms. McKenney served as Vice-Chairperson, Chairperson and Treasurer for the Chesterfield Disability Services Board; and WHEREAS, Ms. McKenney has served on the Chesterfield Long-Term Care Council; Chesterfield Aging and Disabled Services, Incorporated; Elderly and Disabled Advisory Committee and Citizens Transportation Advisory Committee for the Metropolitan Planning Organization; TRIAD; Transportation Initiatives for Greater Richmond; Deputy for Veteran Affairs Volunteer Services; Executive Committee for the Veterans Service Organization; MCV Spinal Cord Injury Advisory Board; and the Virginia Spinal Cord Injury Council; and WHEREAS, Ms. McKenney, as Government Relations Director of the Virginia Mid-Atlantic Chapter of Paralyzed Veterans of America, lent her expertise for nine years to inform citizens of issues associated to those with disabilities. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly recognizes Ms. Anne McKenney for her contributions to the Disability Services Board and expresses appreciation for her service to all citizens with physical and sensory disabilities. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. McKenney and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. OOOO0$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 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 fourth of five budget work sessions. On February 12th, staff presented FY2004 projected revenues and the Community Services Board budget. On February 26th, staff presented Human Services and the School Board presented its budget. On March l0th, presentations were made by Social Services, Police and Fire and Emergency Medical Services. This work session will included a review of the County Administrator's Proposed FY2004 Expenditure Budget in addition to presentations from 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, Bud.qet and Manaqement Attachments: Yes [~] No ooo0o6 000007 .I'I 000008 00000:9 0 0 0000~0 I I I I I I I 0000~.~. ~ 0 o~ 0 0 0 O000X2 o 0 000013 0000.1.4 [] · o Cb LO ,u.., ~ 0000~-5 0000:1.6 0000~.? 0,1ii 0 ~ o ~ ~ o 0 0 .Pi I Z n~ ~ ~ o o o o o o o o o) 00 ~-. cD Lo ~ o o 0000:1.8 o~~~ OOOO19 0 © © 000020. Ill 00002~ O000:Z;Z OOO02.3 0000~4 m N · · · · · 000025 000026 0000;~? 0 0 c~ 000025 000029 -~ 0 000030 000031 *,mN 0 m 0 0 o~ oO 0000~ 000033 0 0 c~ 0 000084 0 OOO085 000036 000087 000038 000039 000040 000041 O0004;e 000048 000044 OO0O45 (D (D 000046 000047 (D CZ) © 0 000048 0 -~ 0 ~ ~ 0 0 '~ 000049 (D ~ 0 0 0 ~ I~ 0 000050 0000~. 0 o 0 000052 0 0 000053 000054 000055 oOoos6 OOO057 000058 · · OOO059 0000~;0 00006~: 00006;~ 00006.3 0~)0064 *pm .mm ejm~ OOO065 000066 rd~ ('00067 000068 ottm~ ( 00069 000070 00007~. 00007~ 0OO073 0 0 0 0 0 0 0 00'00'74 ell O000?$ OOO0?6 000077 OOO0?8 0000'79 000080 000081 'E 00008;~ ell ell 000084 OOO085 000056 000087 000088 000089 000090 000092 00009;3 In a recent magazine received from the Bureau of Justice Statistics entitled "Prosecutors in State Courts, 2001." It turns out that the Commonwealth's Attorneys Office has fewer attorneys handling more cases than the national average. In 2001, the national average number of prosecutors (assistants and supervisors) per 100,000 residents was 10. Chesterfield's population, according to the 200 census, was 266,000. Our office has 19 prosecutors (not including the Commonwealth Attorney and Chief Prosecutor). Chesterfield, then has 7.14 prosecutors per 100,000 residents. To meet the national average, Chesterfield would need about 27 prosecutors. In 2001, a national average of 857 felony cases were closed per 100,000 residents. In 2001 (through 10/16/02), our office has closed 1,964 felony cases. This projects to 2,480 felony case closed in 2002. For a jurisdiction the size of Chesterfield, the nation average would be to close 2,280 felony cases per year. Chesterfield will handle some 200 more felony cases than this. Nationally, each prosecutor handles 87 felony cases per year. In 2002 each prosecutor in Chesterfield handled an average of 130 felony cases, 49 percent more than the national average. This is the result of a lower than average number of prosecutors handling a higher than average number of felony cases. Additionally, our office prosecutes traffic cases and criminal misdeameanors. Nationally, 91 percent of prosecutors' offices handle misdemeanors and 83.6 percent handle traffic cases. HENRICO COUNTY CHESTERFIELD COUNTY COURTS/JUDGES Circuit Court Judges 4 5 General District Court Judges 4 4 J&D Court Judges 3 4 (3 days per week) 4 5 (2 days per week) COMP BOARD & LOCALITY Attorneys Funded by Comp Board & Locality Paralegal Funded by Comp Board 8,: Locality Support Staff Funded by Comp Board & Locality ** Includes Drug Task Force 17 16 1 1 9 8 1 (part time) LOCALITY Attorneys Funded by Locality 5 (2 part time, 3 full) Paralegal Funded by Locality 0 Support Staff Funded by Locality 6 2 Comp/Locality II 000094 LLI I_ I,,I.. LI.I O000~S LLI U.I n- LLI n- Z >- I-- Z 0 I- Z Z ILl Z ILl a. X U.I ILl IL! LU n" Z 000096 OO0097 0 0 0 0 ]!I!I!IIII LIIII!!III L!!IIIIIII L lIIIIIII L-!!I!III I ---l!ll --lllll 0 (eleos lu!od-o L) eleoS OOO098 0 000099 Z Z Oa. Z-I O~ C_.z mm mm ~0 000~.00 000~0~ tUrv. I-0 O-- LLI LI. 14.-- 00O102 · [] O00&03 cfi 0 0 000~04 000~105 Z ~ 000106 00010? 000108 00010;9 · [] 000~.5.2 0 121 000~.~.8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: March 12, 2003 Item Number: 8.A. Subject: Acceptance of a Bid to Purchase Chesterfield County Certificates of Participation, Series 2003A and Series 2003B Related to Financing of the Expansion/Renovation of the Juvenile Detention Home and County Jail Replacement Project County Administrator's Co~ment~/3 ~ County Administrator: Board Action Requested: The Board is requested to accept and approve a bid to purchase (adjusted as permissible in accordance with the terms of the preliminary official statement)S3,070,000 principal amount of Certificates of Participation, Series 2003A, and $3,030,000 principal amount of Certificates of Participation, Series 2003B in connection with Certificates of Participation financing for the Expansion/Renovation of the Juvenile Detention Home and the County Jail Replacement Project The responsible bidder, whose proposal must represent the lowest true interest cost to the County, and whose proposal must be in accordance with the Detailed Notice of Sale, as well as the principal amount of certificates sold will be identified on March 12tn after the bids are opened. 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 Attachments: ~-~ Yes Title: Director, Bud.qet and Mana.qement No DO0~ ~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: March 12, 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. On February 26, 2003 the Board held 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 was required for this project. Additionally, on February 26tn the Board adopted a resolution which authorized entering into a Ground Lease (with SunTrust Leasing Corporation as Lessee), and authorized 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. As a result, $3,070,000 principal amount of Certificates of Participation, Series 2003A, and $3,030,000 principal amount of Certificates of Participation, Series 2003B (adjusted as permissible in accordance with the terms of the preliminary official statement) will be sold on March 12, 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, respectively. Funds for both the Expansion/Renovation of the Juvenile Detention Home and the County Jail Replacement Project have been appropriated. OO0115 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 12, 2003 Item Number: 8.A.1. Subiect: Adoption on an Emergency Basis of an Ordinance Banning Open Burning of Debris Waste in the County and Scheduling of a Public Hearing to Consider Re- adoption of the Ordinance County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider adopting the attached ordinance on an emergency basis and to schedule a public hearing for April 9 to consider re-adoption of the ordinance. Summary of Information: Due to numerous complaints from members of the public about the effects on public health from the open burning of debris waste such as stumps, wood and brush removed from property during land clearing operations, Mr. Barber has requested that the Board consider adoption of the attached ordinance which bans open burning in the County. If the Board adopts the ordinance, it must be approved by the State Department of Environmental Quality, which is required to approve all local ordinances relating to open burning, before the ban can be enforced. The Board has previously scheduled a public hearing for March 26 to consider an ordinance which would permit open burning to continue in the County, but which would require individuals who engage in opening burning to pay an application fee before obtaining a permit from the County for the burning. Under the application fee proposal, the Fire Marshal's office would use the Preparer: Steven L. Micas Title: County Attorney 0505: 60842.1 (60841.1) Attachments: Ycs [~-] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 application fees to fund an additional position in the Fire Marshal's office to ensure that current regulation of open burning is enforced. If the Board decides to ban open burning, the public hearing to establish the fee program will be cancelled. If the Board adopts the ordinance on an emergency basis, it must conduct a public hearing and re-adopt the ordinance within sixty days in order for the ordinance to remain in effect. Staff recommends that the Board schedule a public hearing for April 9 to consider re-adoption of the ordinance. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERF~LD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 10-3 RELATING TO OPEN FLAMES OR BURNING BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 10-3. Fire prevention code--Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, {}27-97, in the following respects: 000 Chapter 4. Open Flames or Burning 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 Open 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. 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 k/nd, 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. Co "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. Go Ho Ko Mo Oo "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, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, 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. "Debris waste" means stumps, wood, brush, and leaves from land cleating operations. "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. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. "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. "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. "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. "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. Po "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. "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 cleating, forest management and emergency operations. Ro "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. F-403.3. Prohibitions on open burning. Delete and substitute Section F-403.3 as follows: mo 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. Co 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. Do 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 commercial/industrial waste. No owner or other person shall cause or permit open burning or the use of a special incineration device for the disposal of debris waste, except as expressly permitted by section F-403.4 or F-403.5. 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 injuries 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. 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. 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 state air pollution control board's Regulations for the Control and Abatement of Air Pollution: mo 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; Co 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: 1. Oral permission must be granted by the Chesterfield Fire Department, Fire and Life Safety Division. This may be done in person, or by telephone; and 2. The burning takes place on the premises of the private property; and 3. The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased; and 4. All fires must be at least 50 feet from any structure; and 5. Fires must be constantly attended by a competent person until such fire is extinguished; and 6. Care must be taken to provide a readily available means of extinguishing the fire if it should start to spread; and 7. The Chesterfield Fire Department Communications Center shall be notified before any fire is started and when the burn is completed. They shall be notified on the nonemergency number, which can be found in the telephone book; and 8. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. 1 A ~ B__:. 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: 2. 3. 4. 5. The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; The burning shall be attended at all times; 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; All reasonable effort shall be made to minimize the amount of material that is burned; 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 Department, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire Department, Fire and Life Safety Division shall be notified of the days during which the burning will occur. tX.C_ Sections A ,~',.,.,~..e,_~' C and B above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of June, July, or August; F~403.6. Permits. Delete and substitute Section F-403.6 as follows: r~..,~ ~ ~c~.~ q o ~ ...... ~,,,--:-~ ^~, a.~h.4o on the site of a When open burning of debris ..... ,, ,,~,~,,~ ~ ............... - J ,-~ -,v ........... ~, ........ local landfill (section F-403.5.GB.) is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire Department, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire Department, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire Department, Fire and Life Safety Division. Bo 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 County Fire Department, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire Department, 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 County Fire Department, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. 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. o The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. The burning shall be attended at all times 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. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction 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 Department, Fire and Life Safety Division. F-403.7. Attendance at Open Fires. Delete and substitute subsection F-403.7 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. F-403.9. 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. (2) That this ordinance shall become effective immediately upon adoption. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~ Date: March 12, 2003 Item Number: 8.B. Subiect: Nomination/Appointment/Reappointment to the Keep Chesterfield Clean Advisory Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/Appoint/Reappoint members to serve on the Keep Chesterfield Clean Advisory Board. Summary of Information: The Keep Chesterfield Clean Advisory Board is made of citizen representatives of the five magisterial districts and a representative of local government. This Board oversees the Litter and Recycling Grant received by the County from the Department of Environmental Quality. Its purpose is to ensure that educational programs and activities are conducted to inform Chesterfield residents of the problems with littering and the benefits of recycling. Persons being submitted for Nomination/Appointment/Reappointment: Joan Cole has served as a Bermuda District Representative on the Keep Chesterfield Clean Advisory Board and is eligible for reappointment to a term from February 1, 2003 - January 31, 2004. Mr. McHale concurs with this nomination. Preparer: Mike Likins Title: Extension A,qent Attachments: [~] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Louise Summey has served as a Midlothian Representative on the Keep Chesterfield Clean Advisory Board and her term expired on January 31, 2003. Holly Faison has expressed interest in serving as the new Midlothian District Representative for a term from February 1, 2003 - January 31, 2004. Staff recommends this appointment. Mr. Barber concurs with this nomination. Henrietta Yaworsky has served as a Dale District Representative on the Keep Chesterfield Clean Advisory Board and is eligible for reappointment to a term from February 1, 2003 - January 31, 2004. Mr. Miller concurs with this nomination. Pat Roble has served as a Clover Hill District Representative on the Keep Chesterfield Clean Advisory Board and is eligible for reappointment to a term from February 1, 2003 - January 31, 2004. Mr. Warren concurs with this nomination. Mary Clair Thomas has served as a Matoaca District Representative on the Keep Chesterfield Clean Advisory Board and is eligible for reappointment to a term from February 1, 2003 - January 31, 2004. Mrs. Bush Humphrey concurs with this nomination. 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 an unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. OOOll7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Mcctin Date: March 12, 2003 Item Number: 8.C.1. ect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Bermuda: Amherst, Section 3 Midlothian: Rosemont, Section H Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes -lNo 000118 000119 000~20 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: March 12, 2003 Item Number: 8.C.2. Subiect: Authorization to Execute the Special PrOject Service Agreement for Appliance and Scrap Metal Hauling and Recycling County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute the Fifth Addendum to the Special Project Service Agreement for Appliance and Scrap Metal Hauling and Recycling services offered by Central Virginia Waste Management Authority (CVWMA). Summary of Information: The county is currently under contract to the Central Virginia Waste Management Authority and Simsmetal America for hauling and recycling of appliances and scrap metal. This addendum clarifies hauling charges and revenue sharing for the participating localities including Chesterfield County. Due to market fluctuation, the $10 per ton floor has been eliminated and replaced with a $5 per ton floor and a $35 per ton ceiling in net revenue. The budgetary impact of this change should be minimal (Less than $500 per year) in that the market value of the recyclable metals is normally between the ceiling and floor prices. Staff recommends approval of this addendum. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: Yes ['~ No 000~21 FIFTH ADDENDUM TO THE SPECIAL PROJECT SERVICE AGREEMENT FOR APPLIANCE AND SCRAP METAL HAULING AND RECYCLING between CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY and PARTICIPATING LOCAL JURISDICTIONS WHEREAS, the Central Virginia Waste Management Authority (hereinafter "CVWMA") executed a Special Project Service Agreement with Participating Ix)cai Jurisdictions listed below and addenda to that agreement (hereinafter "Agreement') on various dates since the initiation of Appliance and Scrap Metal Hauling and Recycling under the terms and conditions of a contract between Simsmetal America (a subsidiary of Simsmetal Limited) (hereinafl~:r "Contract") dated March 18, 1998, and mended by an addendum dated August I, 2000; and WHEREAS, the Contractor has proposed revisions to the costs associated with the Contract as outlined below that would take effect April 1, 2003 ("Cost Revisions"); and WHEREAS, the CVWMA wishes to amend the Agreement to incorporate the Cost Revisions, and pursuant to Article III of the ori~ Agreement, is renewing the term of the Agreement until March 31, 2008; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter provided: BE IT RESOLVED, that this addendum to the Agreement is made by and between the CVWMA, its successors and assigns, having its principal place of business at 2100 West Laburnum Avenue, Suite 105, Richmond, Virginia 23227; and COUNTY OF CHESTERFIELD (if executed on page 3 of this Agreement), COUNTY OF GOOCHLAND (ffexecuted on page 4 of this Agreement), COUNTY OF HANOVER (if executed on page 5 of this Agreement), COUNTY OF HENRICO (if executed on page 6 of this Agreement), COUNTY OF NEW KENT (if executed on page 7 of this Agreement), COUNTY OF PRINCE GEORGE (if executed on page 8 of this Agreement), CITY OF COLONIAL HEIGHTS (if executed on page 9 of this Agreement), CITY OF HOPEWELL (if executed on page 10 of this Agreement), and CITY OF PETERSBURG (if executed on page 11 of this Agreement), and COUNTY OF POWHATAN (if executed on page 12 of this Agreement). (hereinafter, collectively, "Participating Local Jurisdictions"). BE IT FURTHER RESOLVED, that the term of the Agreement, based on the renewal option as outlined above, is extended through March 31, 2008; and BE IT FURTHER RESOLVED, that the CVWMA and the Participating Ix)cal Jurisdictions amend the Agreement as follows: 000122 ADDENDUM TO SPECIAL PROJECT SERVICE AGREEMENT FOR APPLIANCE AND SCRAP METAL HAULING AND RECYCLING I 1. Article VI - Service Fees, Paragraph A is deleted and substituted in its place is the following: Fees - There is no charge for Roll-Off Containers provided to Participating Localities at designated Service Sites for the collection of appliances and scrap metal. The charge per pull is $65.00 per Roll-Off Container. Five dollars ($5.00) per gross ton will be paid to Participating Localities that deliver loads to tho Contractor's facility in addition to the revenue paid under the provisions of Article VII below. 2. Article VII - Share Revenue., is deleted and substituted in its place is the following: The market value per gross ton of recyclable metal collected will be the high side Philadelphia price per gross ton for #2 bundles contained in the first issue of the month of American Metal Market. The $62 per ton processing cost will be deducted from the market value to determine the net value per ton on which shared revenue will be based. There will be a floor of $0 and a ceiling of $30 on the net value per ton for revenue shared by the Contractor with the CVWMA. All such revenues received by the CVWMA from the Contractor shall be paid to the Participating Local Jurisdictions. BE IT FURTHER RESOLVED, that all other terms, conditions and proviSions of the original Contract and Addenda are reaffirmed. 000j.23 ADDENDUM TO SPECIAL PROJECT SERVICE AGREEMENT FOR APPLIANCE AND SCRAP METAL HAULING AND RECYCUNG 2 IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish Holton, P.C~/~/~) 3 CENTRAL VIRGINIA BY:(/~~-~--~~~ Date: ~'/~-~.~.~ APPROVED AS TO FORM: COUNTY OF CHESTERFIELD Steven L. Micas County Attomey By: Lane B. Ramsey County Administrator Date: 000 .24 ADDENDUM TO SPECIAL PROJECT SERVICE AGREEMENT FOR APPUANCE AND SCRAP METAL HAULING AND RECYCLING 3 IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: By: Date: CENTRAL VIRGINIA ~ .~~M_~NAGEMENT AUTHORITY APPROVED AS TO FORM: COUNTY OF CHESTERFIELD Steven L. Micas County Attomey By: Lane B. Ramsey County Administrator 0001; $ ADDENDUM TOSPECIAL PRO~ECT SERVICE AGREEMENT FOR APPUANCE -AND' SCRAP METAL HAUUNGAND RECYCLING IN WITNESS WHEREOF, the CVWMA and the Participating Local Jurisdictions have caused this Agreement to be executed. APPROVED AS TO FORM: McCandlish Holton, P.C. ,:vO~/~ By: Date: CENTRAL VIRGINIA APPROVED AS TO FORM: COUNTY OF CHESTERFIELD SteVen L. Micas County Attomey By: Lane B. Ramsey County Administrator Date: 000:1 6 ADDENDUM TO SPECIAL PROJECT SERVICE AGREEMENT FORAPPUANCE AND SCRAP METAL HAULING AND RECYCMNG 3 ' ' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subiect: March 12, 2003 Item Number: 8.C.3. Award of Phase 'A' of the Jail Replacement Construction Contract to S. W. Rogers Incorporated in the Amount of $624,900 County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute a construction contract for Phase 'A' of the Jail Replacement Project to S. W. Rogers Inc. in the amount of $624,900. Summa~ of Information: S. W. Rogers Inc. was the successful low bidder out of two bids received for this project. Phase 'A' consists of grading, preparing the site for the building and relocation of utilities plus the demolition of the present 'B' building. The work also includes the installation of the required landscaping along the western boundary of the new jail. Phase 'B' of the project will be advertised in May/June 2003 with building construction to start in July/Aug 2003. Overall Completion of the new jail is currently scheduled for Sep/Oct 2005. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: Yes No 000~.27 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: March 12, 2003 Budget and Management Comments: This item requests that the Board authorize the County Administrator to award a construction contract for Phase 'A' of the jail replacement project to S. W. Rogers, Inc. in the amount of $624,900. This amount covers the costs for site preparation, relocation of utilities, demolition of the present lB' building, and landscaping along one of the boundaries of the new jail. This bid is within the established budget. Funding was set aside in FY2002 as part of the Capital Improvement Program. Preparer: Rebecca T. Dickson Title: Director, Budget and Management O001ZS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: March 12, 2003 Item Number: 8.C.4.a. Subject: Set Public Hearing Date of April 9, 2003 to Revise FY2003 School Operating Fund Appropriations County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to set a public hearing date to increase the School Operating Fund by $2,155,300 in the following appropriation categories: Instruction $592,162; Pupil Transportation $1,186,738; and, Operations & Maintenance $975,000; and, to decrease Debt Service appropriation by $598,600. Summary of Information: This review provides a status of the current year budget as of the end of the second quarter and includes recommendations for changes to accommodate year-end projections. In addition, the FY2004 budget adopted by the School Board was predicated upon funding selected FY2004 one-time expenditures in the current year. This action was necessary in order for the FY2004 budget to address the Board's critical priorities and be balanced within revenues projected to be available. Once all changes are approved, all accounts are expected to be in balance at year-end including the $1.0 million fund balance required for the FY2004 budget. The analysis of the FY2003 year-end position is divided into three areas: 1) funding for FY2004 one-time expenditures; 2) revenue changes occurring since the beginning of the school year; and, 3) expenditure changes occurring since the beginning of the school year, some requiring appropriation changes. Preparer: Attachments: Billy K. Cannaday, Jr., Ed.D. Yes ~ No Title: Superintendent 000129 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Funding for FY2004 One-Time Expenditures In August of the current year, to prepare for the uncertainty surrounding the state budget crisis, reductions totaling $7.0 million were made to the current year budget as shown below (in millions). Eliminated teaching positions not affecting pupil-teacher ratio $1.3 Delayed purchase of replacement buses and vehicles 1.2 Reduced school and department allocations by 20% 1.1 Delayed textbook adoptions 1.0 Eliminated fund balance 1.4 Reduced staff development .6 Reduced conference travel by 70% .4 Total Reductions $7.0 These reductions were permanent and will undoubtedly have an adverse impact on our school system in future years. For example, delaying purchases of textbooks, replacement vehicles and buses will significantly lengthen our replacement cycle in those areas. Even though the Governor's budget amendments announced in December spared education, these current year reductions were not restored. Instead, the decision was made to fund the following FY2004 expenditures (in millions) in FY2003 in order to balance the FY2004 budget. Replacement buses Replacement vehicles SRP trust fund payment Textbooks for student growth Textbook adoptions $1.4 .4 1.5 .5 2.3 Total Expenditures $6.1 We recognize that these actions will not address the adverse impact of the current year reductions; however, the level of resources expected to be available over the next several years dictates that we make some difficult choices in order to be fiscally responsible. The result of the current year reductions and the current year funding of the above FY04 expenditures is a net fund balance of $950,000. In addition to these changes, the School Board anticipates revenue increases of $2,155,300 with the majority of the increases due to the Governor's recommendations (see attachment A for details). Expenditure changes (see attachment A for details) of $2,092,400 results in an increase to fund balance of $62,900. The most current estimate for year-end balance is approximately $1.0 million to be carried forward as a requirement of the FY2004 budget. OO03.80 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: March 12, 2003 Budget and ManaRement Comments: This item requests the Board of Supervisors to set a public hearing for April 9, 2003 to consider FY2003 budget appropriation adjustments for the second quarter in the amount of $2,155,300. These adjustments were approved by the School Board at their February 25, 2003 meeting and are as follows: increase Instruction by $592,162; increase Transportation by $1,186,738; increase Operations and Maintenance by $975,000; and decrease the Debt Service appropriation category by $598,600. These expenditure adjustments will afford Schools the ability to purchase additional buses in the amount of $165,000; reduce debt service expenses by $598,600 (mainly due to savings realized from a recent refinancing); maximize the delivery of vocational and adult education programs in the amount of $297,300; reimburse the county an additional $500,000 for the school resource officer program; cover overtime and additional anticipated transportation costs in the amount of $600,000; sufficiently cover $975,000 in anticipated utility cost increases for all school facilities; and, cover other expenses in the amount of $153,700. These expenditure changes are predicated on several revenue appropriation .changes as well. The FY2003 adopted state sales tax was $36,156,700; however, the current estimate to be received is $33,569,200 (based on actual sales tax receipts through January, 2003 and a census change). Therefore, a reduction of $2,513,200 is being requested in state sales tax revenues. (The reduction on the County side for the transfer to schools will be included in with other FY2003 year-end adjustments.) Other state revenues need to be increased by $4,376,400 due mainly to the the increased enrollment, an increase in basic-aid (to offset the state sales tax reduction adjustment), and adjustments made by the Governor. Federal and local revenue increase requests amount to $292,100 as detailed in the agenda item. Subsequent to these requested changes, the School Board anticipates a year-end operating fund balance of $1 million. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000131 Attachment A Page 1 School O~eratin~ Fund Revenue State Sales Tax ($2,513,200) The original State sales tax estimate for FY03 was $36,156,700; however, the current accrual estimate is $33,569,200 based on actual sales tax receipts through January 2003 and a change based on the results of the 1999 School census. This reduction will be offset by $74,300 due to a technical census correction recommended by both the House of Delegates and the Senate. State Revenue 4,376,400 There have been several revisions to state revenue since the school year began. The increase in our student membership above projections results in an increase in state revenue of $1,532,700. When the state sales tax revenue estimate was reduced, it resulted in an increase in basic aid of $1,081,900. The net increase in state revenue resulting from Governor Warner's amendments to the 2002-2004 biennial budget is $1,734,600. Finally, a grant has been received from the state for teacher/mentor staff development training of $27,200. Federal Revenue 151,200 CCPS anticipates increased spending in Adult Education in order to fully utilize all Federal funds available for this program. This increase is revenue will be offset by a like amount in expenditures. Local Revenue 140,900 The underwriter's costs associated with the January, 2003 refunding of general obligation bonds originally issued in 1993 was shared between the County and the School Board, with the CCPS share being $84,700. Other minor revenue adjustments are also necessary totaling $56,200. Total Revenue Chan~e $ 2,155,300 School O~erating Fund Expenditures Additional buses $ 165,000 At their meeting on January 28, 2003, the School Board made the decision to use John Tyler's Midlothian and Featherstone campuses to relieve overcrowding at Clover Hill High School. The analysis presented at that time reflected the need for three additional buses to transport students to and from these campuses. Debt Service ( 598,600) Chesterfield County participated in the Virginia Public School Authority fall bond sale to finance the approved FY03 capital projects. CCPS was required to pay its share of $84,700 of the underwriters cost related to the sale. The associated revenue for this cost is reflected above. In addition, County general obligation bonds originially issued in 1993 were refunded in January 2003 resulting in a savings of $683,300. 00013 Attachment A Page 2 Vocational Education 160,400 CCPS has been notified by the Virginia Department of Education that additional state funding is available in the area of vocational education, but we do not yet know the expenditure requirements associated with these funds. These funds are being set aside to insure that we will be able to comply with the requirements once they are made available. A~ult Education 136,900 In order to fully utilize all Federal funds available to this program, an increase in expenditures is needed. This has been offset by revenue increases provided in this memo. School Resource Officers 500,000 The budget reductions recommended by the Governor impacted the County in numerous programs. To assist the County in minimizing the impact these reductions will have on County services, we are recommending the School Board fund a portion of the cost of the high school resource officers for the school year 2002-2003. Pupil Transportation 600,000 Overtime and substitute costs are projected to be above budget due to increasing numbers of before and after school programs. In addition, central garage costs are projected to be greater than budgeted due to the increasing cost of fuel. Utilities and F&cilities 975,000 Utilities costs are projected to be higher than budgeted due to the adverse weather conditions experienced to date and higher than anticipated propane costs at the new Matoaca High School. Additional funding is also required for trades and custodial overtime. A portion of the custodial overtime is due to increased building rentals. Other 153,700 This includes increased expenditures to cover the CEA representative, additional Detention Home funding, and the teacher mentor staff development training grant. All of these are offset by revenue included above. Instruction Fund Balance 62,900 Total Ex~enditure Change $2,155,300 000 .88 PRESENT: VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, February 25, 2003, at seven-thirty o'clock in the Public Meeting Room of the Chesterfield County Courthouse Complex Elizabeth B. Davis, Chairman Lloyd A. Lenhart, Vice-Chairman Dianne E. Pettitt James R. Schroeder, DDS Marshall W. Trammell, Jr. RESOLUTION WHEREAS, the ending balance for FY2003 is currently projected at $1,000,000 fulfilling the requirement for the FY2004 budget; and, WHEREAS, the results of the refunding of 1993 General Obligation bonds reduced School Board debt by $683,300 for FY2003; and, WHEREAS, additional revenues of $2,155,300 have been identified as part of this mid-year review (increased local revenue of $56,200, increased bond interest and premium of $84,700, increased Federal revenue of $151,200, increased State revenue of $4,376,400, and decreased State Sales tax of $2,513,200); and, WHEREAS, there is a need to appropriate the increased revenues as follows: Instruction $ 592,162 Pupil Transportation 1,186,738 Operations & Maintenance 975,000 Debt Service (598,600) Total $ 2,155,300 NOW, THEREFORE, BE IT RESOLVED, that on motion of Mr. Trammell, seconded by Dr. Schroeder, the School Board hereby requests the Board of Supervisors to advertise and hold a public hearing to appropriate $2,155,300 of additional funding in the School Operating Fund for items contained in the School Board's mid-year review. Cheryl A. Georp,~ Clerk Billy ~annaday, Jr ,. Supe~tlr)~e,n~(nt 000 .84 CHESTERFIELD COUNTY  BOARD OF SUPERVISORS Page I of 2 AGENDA Meetin~l Date: March 12, 2003 Item Number: 8.C.4.b. Subject: Set Date for a Public Hearing to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services and Authorization to Execute Related Documents Count~ Administrator's Comments: County Administrator: ~ Board Action Requested: To hold a public hearing on April 9, 2003 to consider the appropriation of up to $12,000,000 from the Department of Medical Assistance Services and authorize the County Administrator to execute documents and complete the transaction. Summary of Information: Lucy Corr Nursing Home, like virtually all other public and private nursing home facilities, receives a large percentage of its revenue from the federal Medicaid program. In Virginia the Department of Medical Assistance Services (DMAS) administers the Medicaid program pursuant to the Virginia State Medicaid Plan. Under the program, whenever Lucy Corr provides Medicaid- eligible services, it receives Medicaid reimbursement from DMAS. For years, DMAS has reimbursed Lucy Corr based on an established reimbursement schedule. In turn, the federal government reimburses DMAS. Last year, the Commonwealth realized that it was eligible under federal regulations to receive a large reimbursement amount. In order to recover this additional reimbursement, Medicaid regulations require DMAS to make enhanced payments in a lump sum to a public nursing home provider like Preparer: Bradford S. Hammer Title: Deputy County Administrator I--l es CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Lucy Corr. On June 24, 2001, the Commonwealth amended the Virginia State Medicaid Plan to permit recovery of enhanced payments. The Commonwealth has planned and the Health Care Financing Administration has authorized, transactions which for the County will total $12,000,000. Under the plan, participating localities will borrow respective shares of the Statewide total. The borrowed funds will be transferred to a state account, then returned to the local account and used to repay the loans. In addition, the Commonwealth will pay an incentive fee of about 2.5% of the transaction amount, and pay an amount to cover transaction costs, to the locality. For this transaction the incentive fee totals $180,000. Because this money will have to be appropriated and the amount will exceed $500,000 a public hearing is required by law. The Board previously approved this transaction to total $6,917,222 on January 9, 2003. The total has changed to not exceed $12,000,000 with an estimated incentive payment of $180,000. The transaction is scheduled for April 10, 2003. 000136 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 8.C.5.a. Subiect: Conveyance of an Easement to Verizon Virginia Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc. to install underground cable on county property for the new River's Bend Fire Station No. 18, 901 Bermuda Hundred Road. Summary of Information: Staff recommends that the Board of Supervisors approve the conveyance of an easement to Verizon Virginia Inc. to install underground cable on county property for the new River's Bend Fire Station No. 18, 901 Bermuda Hundred Road. District: Bermuda Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Yes ~-~No 000137 VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INC AV N Right Of Way Office 000~.38 _ RI(aHT_-C)FMAY E)d~Mt ~ ,OF Iilg. IT-OF-WAY E.A.: ~AMESA. WA~S '" .... HOPEWELL ,,, OWNER: CHESTERlqELD COUNTY P.O. BOX)40 ' C)HESTEFLClELD, VA 23~2 · NO,: (__m~.) 7~6-7173 ' : I".'-'I"E:,~,I-'~I l PLAT NO. ' HB02113/BGG-,03,.2O 0343-R 000139 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 8.C.5.b. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground and overhead cable to serve the Chesterfield County Jail renovation project. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground and overhead cable to serve the Chesterfield County Jail renovation project. District:: Dale Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Yes --]No 000140 VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY 4 ! ST AMr~ GT ~J' 00~1~1' Y~ql3 R VEHICLE MAINTENANCE FACILITY Legend Location of Boundary Unea of Right-of-WayI 15 FEET I office --'~'--- Indicates" Boundary Property Uno ia Right-of-Way I EstimateHIDLDTHZANNumber. / I WR ND 5122622 Page 1 of 1 ~' O.~ Plat to Accompany Right-of-Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY doing bu$ine~ ~ Dominion Virginia Power UNDERGROUND District MIDLDTHIAN SCALE, NBNE District-Township-Borough County-City State CHESTERFIELD, VA Plat Number o00~-00o(~ & Grid Number L2342 SCALE, NDNE By 00O3.42 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 8.C.6.a. Subiect: Request Permission for a Gravel Driveway to Encroach Within a Thirty-Three Foot Unimproved Right of Way Known as Kingsland Stables Lane County Administrator's Comments: County Administrator: BoardAction Requested: Grant R. D. Jenkins, Jr. and Jennifer Jenkins permission for a gravel driveway to encroach within a 33' unimproved right of way known as Kingsland Stables Lane; subject to the execution of a license agreement. Summary of Information: R. D. Jenkins, Jr. and Jennifer Jenkins have requested permission for a gravel driveway to encroach within a 33' unimproved right of way known as Kingstand Stables Lane. This request has been reviewed by staff and approval is reco~Lended. District: Dale Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs -'--]No VICINITY SKETCH REQUEST PERMISSION FOR A GRAVEL DRIVEWAY TO ENCROACH WITHIN A 33' UNIMPROVED RIGHT OF WAY KNOWN AS KINGSLAND STABLES LANE Chesterfield County Department of Utllitla Right Of Way Office 000144 3702 K]ngl4mnd Rd. DB. 4670 PG. 864 PIN: 78~073415K)(XX)O DB. 4670 PG. ~4 PtN: 78eaT'aae2700000 · I.I wm' 000~.45 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 8.C.6.b. Subject: Request Permission for a Concrete Dumpster Pad to Encroach Within a Sixteen-Foot Sewer Easement County Administrator's Comments: County Administrator: Board Action Requested: Grant Huguenot Village Acquisition Company, L.L.C., permission for a concrete dumpster pad to encroach within a 16' sewer easement; subject to the execution of a license agreement. Summary of Information: Huguenot Village Acquisition Company, L.L.C., has requested permission for a concrete dumpster pad to encroach within a 16' sewer easement as shown on the attached sketch. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Mana,qer Attachments: Yes ~-~No ~00~46 VICINITY SKETCH REQUEST PERMISSION FOR A CONCRETE DUMPSTER PAD TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT I~Jght Of Way Oflice AUTOSPA AT HUGUENOT VILLAGE RICHMOND, VIRGINIA PLAN :SHOWINg DUMPSTER PAD WITHIN COUNTY EASEMENT 11571 ROBIOUS ROAD 00. ~ PLMI ~03PR0101 DATE: 2-1~ JOB NO: 000~45 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Subiect: Item Number: 8.C.7. Acceptance of a Parcel of Land Along the East Right of Way Line of Otterdale Road from Harry F. Zahn and Lois W. Zahn County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.224 acres along the east right of way line of Otterdale Road (State Route 667) from Harry F. Zahn and Lois W. Zahn, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for the development of Magnolia Green. recon~nended. Approval is District: Matoaca Preparer: John W. Harmon Title: Right of Way Manager Attachments: ¥CS ----]No 000149 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF O'I-rERDALE ROAD FROM HARRY F. ZAHN AND LOIS W. ZAHN N Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: March 12, 2003 Item Number: 8.C.8. Subject: Initiate an Application for a Conditional Use Planned Development to Modify Setback Requirements of the Zoning Ordinance to Accommodate the Enclosure of Porches for 93 Lots in Lakepointe Subdivision County Administrator's Comments: County Administrator: Board Action Requested: 1). Initiate an application to modify rear yard setback requirements for 93 lots in Lakepointe Subdivision and waive the zoning disclosure requirements and 2). Appoint Mr. Kirk Turner, Development Manager, to act as agent for the Board of Supervisors. (The fee has been paid in full by the property owner). Summary of Information: Mr. Warren, Clover Hill District Supervisor, is requesting the Board of Supervisors to initiate a request for a conditional use planned development to modify setback requirements of the zoning ordinance in the Lakepointe Subdivision. The zoning ordinance permits screened porches and other open porches and decks to encroach into required setback areas. However, enclosed porches such as Florida rooms must comply with the same setback requirements as a principal building. Ten property owners within the Lakepointe subdivision have enclosed their screened porches without County approval and in violation of setback requirements. Nine of the ten affected homeowners have paid the county application fee and request the Board initiate the CUPD application rather than remove the enclosures. The tenth property owner chose to remove the enclosure from the porch and restore it to a screened condition. The CUPD would reduce the setback for a total of 93 lots in the subdivision, making the existing nine enclosed porches legal under the zoning ordinance and eliminating similar setback problems caused by the enclosure of screen porches for the other lots in the subdivision. Preparer: Kirkland A. Turner Title: Development Manager Attachments: ~--] Yes No 0OO5.52 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Finally, the County Code requires the applicant of each zoning request to file a disclosure affidavit under oath setting forth all ownership and lien information for the property, unless waived by the Board or Commission to further an appropriate governmental interest. When the Board or Commission initiates zoning cases, the County Attorney's office performs a title search on each property and prepares the zoning disclosures. Given the multitude of properties involved (93) and resulting staff time that would be required to complete 93 separate title searches, staff recommends that the Board waive the disclosure requirements. oooa. aa RECOGNIZING MR. ROBERT K. CLARKE UPON HIS RETIREMENT WHEREAS, Firefighter Robert K. Clarke retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2003; and WHEREAS, Firefighter Clarke has faithfully served the county for twenty-nine years in both the Police Department and the Fire and Emergency Medical Services Department; and WHEREAS, Officer Clarke was hired as a Police Dispatcher in 1974; promoted to Police Officer in 1975; completed central Police Training School in 1975; and served as a Field Training Officer from 1976 until 1989; and WHEREAS, Officer Clarke has received numerous commendations from citizens, other police officers, and supervisors for his courtesy, professionalism, devotion and dedication to duty resulting in arrest of felony suspects and the recovery of stolen property; and WHEREAS, in October 1983 while off-duty, Officer Clarke observed a vehicle matching the description of one wanted in connection with a rape case, obtained the license number and registration information resulting in a quick resolution of the case; and WHEREAS, Firefighter Clarke joined the Fire and Emergency Medical Services Department in 1989, completed Recruit School ~22 and served as a Firefighter at the Dutch Gap, Matoaca, Manchester, Clover Hill, Buford and Ettrick Fire Stations; and WHEREAS, Firefighter Clarke was presented a Lifesave Award in February 1991 for his actions at a motor vehicle accident scene where the patient was in a creek after having been thrown from the car. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, recognizes the contributions of Mr. Robert K. Clarke; expresses the appreciation of all residents for his service to the county; and extends appreciation for his dedicated service and congratulations upon his retirement. 000155 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 8.C.9. Subject: Recognition of Firefighter Robert K. Clarke Upon His Retirement, After Serving the County for Over 29 years with Dedicated Service to the County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution Summary of Information: Staff requests the Board adopt the attached resolution recognizing Firefighter Robert K. Clarke for 29 years of service to Chesterfield County. Preparer: Paul W. Mauger Title: Deputy Fire Chief Attachments: Yes ~ No 000~54 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 12, 2003 Item Number: 8.C.10. Subiect: Initiate a Variance Application to the Board of Zoning Appeals County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to 1) initiate an application for a variance to the lot area requirement at 2809 and 2811 Banbury Road, and.2) appoint Mr. Kirk Turner, Community Development Manager, to act as agent for the Board of Supervisors. Summary of Information: Mr. Jack McHale, Bermuda District Supervisor and Mrs. Humphrey, Matoaca District Supervisor, are requesting the Board of Supervisors to initiate a request for a Variance. On December 4, 2002, Mrs. Eugenia Grandstaff received approval from the Board of Zoning Appeals for a 2,764 square foot Variance to the 15,000 square foot lot area requirement on property located at 2809 Preparer: Thomas E. Jacobson Attachments: [---~ Yes No Title: Director of Planning C:DATA/AGENDA/2003/MAR/2/GOK CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 and 2811 Banbury Road for the purpose of allowing a home to be constructed on this property. These lots are located in the Fan Court Subdivision and are part of Mrs. Grandstaff's mother's property. When the application was submitted to the Planning Department, the County's GIS Map was used to determine the square footage of the two lots instead of a recorded survey plat. The Planning Department does not require a surveyed plat for variance requests. Staff does advise applicants that the County's GIS maps are not as accurate as a surveyed plat for older subdivisions. On January 6, 2003, a new surveyed plat was submitted to the Planning Department to combine the two lots into one. This plat indicated that the total area of the two lots is less than the applicant originally thought and is less than the minimum amount used for the approval of the variance. Therefore, another Variance needs to be approved by the Board of Zoning Appeals in order for the subject properties to meet the requirements of the Zoning Ordinance to construct a house. 000 .$? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 12, 2003 Item Number: 8.C.11. Subiect: FY04 Priority List of Primary and Interstate Needs County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to approve the attached priority list of highway projects and statement regarding Chesterfield's primary and interstate road needs, and forward this information to the Commonwealth Transportation Board and our Legislative Delegation. Summaryoflnformation: The Virginia Department of Transportation (VDOT) will conduct a Financial Planning and Programming Meeting at 10:00 a.m. on April 4, 2003, in the Chesterfield County Department of Social Services Wagner Building. The purpose of the meeting is to receive comments from local government officials and citizens that will assist the Commonwealth Transportation Board (CTB) in updating the Virginia Transportation Six-Year Program for FY04. The Virginia Transportation Six-Year Program list projects that are expected to go to construction in the next six years or have been partially funded for design and construction. VDOT's meeting provides the County with the opportunity to recommend priority projects to the CTB on Chesterfield's primary and interstate road needs. The County's Secondary Road Six Year Program for improvements to the County's secondary road system will be considered by the Board of Supervisors in a separate agenda item. (Continued on next page) Preparer: R.J. McCracken Agen 548 Title: Director of Transportation Attachments: Yes ---]No # OOO3.58 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) The Board of Supervisors adopted a priority list of projects on March 27, 2002, and forwarded the list to the CTB for consideration at last year's Financial Planning and Programming Meeting. Staff recommends deleting the New Freeway from Interstate 95 to Interstate 295 project from the priority list as a result of the Eastern Area Plan update. Staff recommends the remainder of the priority list not be changed. The recommended priority list is shown on Attachment A. A location map and description of each project is shown on Attachment B. A recommended statement to be submitted to the CTB is shown in Attachment C. The total cost of the recommended Chesterfield priority projects is approximately $217 million. The Richmond District consists of fourteen counties and eight cities/towns. The District's total primary and interstate construction allocation for last year was approximately $235 million. Recommendation: Staff recommends: 1) The Board approve the recommended priority list of highway projects and statement; and 2) The approved priority list and statement be forwarded to the Commonwealth Transportation Board and Chesterfield County's Legislative Delegation. District: Countywide 000159 RECOMMENDED PRIORITY LIST OF HIGHWAY PROJECTS MARCH 12, 2003 Priority Projects not shown on map: (~) SIGNALIZATION (~) SIGHT/SOUND BARRIERS (~) PARK/RIDE FACILITIES ~) TOLL REMOVAL, POWHITE PKY. (~) HIGH SPEED RAIL STOP PRIORITY PROJECT ATTACHMENT B PAGE 1 OF 4 OO0160 RECOMMENDED PRIORITY PROJECT DESCRIPTIONS e Route 360 (Swift Creek to Winterpock Road) - widening to eight lanes This section of Route 360 carries 62,000 vehicles per day. This volume is expected to increase to approximately 95,000 vehicles per day by the year 2025. The County has completed road design and right of way acquisition is underway. VDOT has not provided funding for construction of this project. Route 10 ( Route 1 to Meadowville Road ) - widening to six lanes This section of Route 10 is carrying approximately 54,000 vehicles per day. This volume is expected to increase to 65,000 vehicles per day by the year 2020. The County has completed design of Route 10 from Interstate 95 to Meadowville Road and the Commonwealth Transportation Board approved the design in Fall, 1999. Right of way and constructions funds for this project are not in VDOT's current transportation development plan. Route 60 (Courthouse Road to Old Buckingham Road) - widening to six lanes This section of Route 60 is carrying approximately 41,000 vehicles per day. This volume is expected to increase to 57,000 vehicles per day by the year 2020. This project is not in VDOT's current transportation development plan. Interstate 295/Meadowville Road Interchange This interchange is needed to help promote economic development and to prevent unacceptable levels of service in the future on Route 10, Meadowville Road, and North Enon Church Road. The County has completed the design and has control of the majority of the right-of-way needed for construction of the interchange. This project is not in VDOT's current transportation development plan. Centralia Road (Route 10 to Chester Road) - intersection improvements, various locations Centralia Road carries approximately 11,000 vehicles per day. This volume is expected to increase to 16,000 vehicles per day by the year 2020. A high volume of truck traffic and the lack of turn lanes reduces the operational efficiency of the road. This project is not included in VDOT's current transportation development plan. Route 360 (Route 288 to Swift Creek) - widening to eight lanes This section of Route 360 carries between 52,000 and 62,000 vehicles per day. This volume is expected to increase to between 77,000 and 90,000 vehicles per day by the year 2020. Four lanes have been provided eastbound. However, a fourth westbound lane is needed to relieve congestion. Traffic routinely backs up on the Route 288 ramp at rush hour. O0016A ATTACHMENT B PAGE 2 OF 4 t 10. 11. 12. Huguenot Road (Route 60 to Alverser Drive) - widening to six lanes This section of Huguenot Road is carrying approximately 42,000 vehicles per day. This volume is expected to increase to 50,000 vehicles per day by the year 2020. This project is not in VDOT's current transportation development plan. Route 360 (Winterpock Road to Otterdale Road) - widening to six lanes This section of Route 360 carries between 26,000 and 44,000 vehicles per day. This volume is expected to increase to between 38,000 and 65,000 vehicles per day by the year 2020. This project is not included in VDOT's current transportation development plan. Powhite Parkway (Coalfield Road to 1,500' west of Coalfield Road) - widening to four lanes This section of Powhite Parkway carries approximately 17,000 vehicles per day. This volume is expected to increase to 40,000 vehicles per day by the year 2020. The Route 288 project included construction of two additional lanes on Powhite Parkway from Route 288 to Coalfield Road. This project will extend the four lane road through the Coalfield Road intersection. Powhite Parkway Extension; East-West Freeway; North-South Freeway Preliminary engineering and right-of-way acquisition is necessary for the County's "outer beltway" (Powhite Parkway Extension from Route 288 to Route 360, East-West Freeway from Route 360 to Interstate 95, and North-South Freeway from East-West Freeway to Interstate 85) Preliminary engineering is needed to properly identify the location of the "beltway." Right-of- way should be acquired where growth threatens to block the corridors. This project is not in VDOT's current transportation development plan. Signalization (Countywide) The installation of traffic signals is needed at various intersections. Signalization requests on primary roads received through Board members include: Route 360 at Lynview Drive, Route 360 at Broadstone Road, Powhite Parkway/Old Hundred Road at Brandermill Parkway, Route 10 at Ecoff Avenue, Route 10 at Parker Lane, River Road at Pickett Avenue, Route 1 at Bermuda Hundred Road, Route 1 at Sand Hills Drive, and signal improvements along the Route 60 corridor. VDOT's current transportation development plan includes approximately $200,000 each year for signalization needs throughout the entire Richmond District. Sight and Sound Barriers (Countywide) These barriers are needed to reduce the impacts of the roadways on adjoining neighborhoods. This project is not included in VDOT's current transportation development plan. 0001611, ATTACHMENT B PAGE 3 OF 4 13. 14. 15. 16. Park and Ride Facilities (Countywide) Preliminary engineering is required to identify potential park and ride facility locations. These facilities will be needed in the future to help reduce Countywide traffic congestion. This project is not included in VDOT's current transportation development plan. Remove Tolls on the Powhite Parkway Funding is needed to retire the debt on Powhite Parkway from Chippenham Parkway to Route 288 and allow the tolls to be removed. This project is not included in VDOT's current transportation development plan. High Speed Rail Stop Funding is necessary to develop high speed rail service in Chesterfield County and the region. This project is not included in VDOT's current transportation development plan. Chippenham Parkway ! Route 60 Access The Board provided funds for a land use and transportation plan for the Route 60/Chippenham Parkway area. Additional access to Cloverleaf Mall, from Chippenham Parkway, would be provided by a new Chippenham Parkway Interchange. This new interchange would provide relief to traffic congestion along Route 60 at Chippenham Parkway, improve access to existing development, and provide access to undeveloped land located south of Cloverleaf Mall. This project is not included in VDOT's current transportation development plan. ATTACHMENT B 4 OF4 VDOT' s FY04 Regional Financial Planning and Programming Meeting April 4, 2003 I am Arthur Warren, Chairman of the Chesterfield County Board of SuDervisors. I appreciate the opportunity to present some of Chesterfield County's primary and interstate road needs to the Commonwealth Transportation Board. For the record, I am submitting priority list of highway projects. Chesterfield County's A copy of the list is attached. In the interest of time, I will only address our highest priorities. First, let me thank the Department for the progress we have seen on projects in Chesterfield County over the past years. Chesterfield County has worked closely with the Department to reduce cost and exDedite the construction of road projects in the County. We are disappointed to learn that funding may not be provided for several of our priority projects placing them on an indefinite deferred status. In particular, development of our number one priority project, Route 360 from Swift Creek to Winterpock Road, has not been funded for construction. Both the County and the Department have worked towards getting this project constructed to help alleviate congestion along the 360 corridor. Right of way acquisition is underway and should ATTACHMENT C 1 OF2 000164 be complete by the end of this year. I ask that the Department provide funds for construction of this project this year. Route 10 in the Enon area is our second priority project. It needs to be widened to six lanes from Route 1 to Meadowville Road. In September 1999, construction plans for the widening of Route 10 from 1-95 to Meadowville Road were approved by the Commonwealth Transportation Board. This project is ready to go to construction if the funding were in place. The project could be constructed in phases with the first phase being the section from 1-95 to Ware Bottom Spring Road. The third priority I would like to discuss is the Route 60 Pro~ect from Courthouse Road to Old Buckingham Road. This section of Route 60 needs to be widened to six lanes. Traffic volumes on this corridor are already heavy and are expected to increase in the future. Widening of this section of Route 60 should relieve some of the traffic problems we are experiencing on Old Buckingham Road. In closing, let me thank Commissioner Shucet, the Central Office, District, and Residency Staff with whom we work on a daily basis, for all of their help. We look forward to working with you in the future. I will be glad to answer any questions. ATTACHMENT C 00016 2oF2 NEW PRIORITY 9 10 11 12 13 14 15 16 OLD PRIORITY CHESTERFIELD COUNTY BOARD OF SUPERVISORS PROPOSED PRIORITY LIST OF HIGHWAY PROJECTS March 12, 2003 PROJECT DESCRIPTION FROM 1 Route 360 8 Lanes 2 Route 10 6 Lanes 3 Route 60 6 Lanes 4 1-295 Interchange 5 Centralia Road Intersect. Impr. 6 Route 360 8 Lanes 7 Huguenot Road 6 Lanes 8 Route 360 6 Lanes 9 10 11 12 13 14 15 16 17 Powhite Parkway 4 Lanes New Freeways Prel. Engr. & (Powhite Pky. Ext., Right-of-Way East,West. North/South) New Freeway Prel, Engr. Signalization * Var. Locations Sight & Sound Powhite Pky., Barriers Route 288 Park/Ride Commuter Facilities Parking Lots Remove Tolls Powhite Pky. Ext. High Speed Rail Chippenham Pkwy. Interchange Swift Creek A, 1-95 B. Ware Bottom Spr. Rd. C. Route 1 Courthouse Rd. Meadowville Rd. Route 10 Route 288 Route 60 A, Winterpock Rd. B, Woodlake Pky. Coalfield Rd. A. Coalfield Rd. B, Powhite Pky. Ext. C. East/West Freeway 1-95 Countywide Countywide Countywide Chippenham Pky. Route 60 Access TO Winterpock Rd. Ware Bottom Springs Rd. Meadowville Rd. 1-95 Old Buckingham Rd. Chester Rd. Swift Creek Alverser Dr. Woodlake Pky. Otterdale Rd. 1500' west of Coalfield Rd. Route 360 1-95 1-85 1-295 Route 288 Chesterfield COST IN MILLIONS $10.0 $15.0 $12.0 $3.0 $8.0 $20.0 $6.0 $3,0 $1.5 $5.0 $12.0 $1,0 $1,5 $4.5 $1.0 $0.8 $1.0 $15.0 $1.0 $49.0 $36.0 TOTAL * SIGNALIZATION REQUESTS RECEIVED THROUGH THE BOARD: ROUTE 360 AT LYNVIEW DRIVE & BROADSTONE ROAD POWHITE PARKWAY/OLD HUNDRED ROAD AT BRANDERMILL PARKWAY ROUTE 60 CORRIDOR SIGNAL IMPROVEMENTS ROUTE 10 AT ECOFF AVENUE & PARKER LANE ROUTE 1 AT BERMUDA HUNDRED ROAD & SAND HILLS DRIVE RIVER ROAD AT PICKETT AVENUE I deleted in Eastern Area Plan Update I Project I ATTACHMENT A $217.0 000&66 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 12, 2003 Item Number: 8.C.12.a. Subject: 1) Initiation of a Conditional Use Application to Permit a Boarding House on Property Owned by St. Barnabas Episcopal Church 2) Transfer of $1,000 each from the Dale and Midlothian District Improvement Funds to the Planning Department for the Conditional Use Application Fee County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to 1) initiate a conditional use application to permit a boarding house on property owned by St. Barnabas Episcopal Church 2) transfer of $1,000 each from the Dale and Midlothian District Improvement Funds to the Planning Department for the conditional use application fee. Summary of Information: St. Barnabas Episcopal Church, owns a 0.8 acre parcel at 5155 Ironbridge Road where it operates a boarding house for women and their children who are homeless or otherwise in crisis. The property is zoned Agricultural and the church obtained a conditional use permit in 1998 from the Board of Supervisors to lawfully operate the boarding house. The permit recently expired and must be reissued for the boarding house to continue to operate under the zoning ordinance. St. Barnabas Episcopal Church originally requested that the Board pay the conditional use permit application fee on behalf of the church. The Board is not permitted by law to pay a zoning application fee for a church. The Board can, however, initiate a conditional use application itself and may use County funds to pay the fee to the Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0425:60799.1 Attachments: Yes [--~ No # 000167 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Planning Department for that application. Mr. Barber requests the Board to initiate the conditional use application for the 5155 Iron Bridge Road boarding house and Mr. Barber and Mr. Miller request that $1,000 each from the Midlothian and Dale District Improvement Funds ($2,000 total) be transferred to the Planning Department. If the Board approves these requests, Kirk Turner will serve as the County's representative for the conditional use application. For information regarding available balances in the District Improvement Fund accounts, please refer to the District Improvement Fund Report. 000:1.68 . ,-~-~0-03; 2:42PM;General Electric ;804230T893 DISTRICT IMPROVEMENT FUNDS This applioatlon must be ~omp[eted and signed before ;he County can consider a request for funding with District Improvement Funds. Completing end signing this form does not mean that you will receive funding or that the CounW can legally consider your request. Virginia law places substantial restrictions on the authority of the County 1o give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of 8upervl~or3 from even considering your request. What Is the name nf the applicant (person or organization) making this funding re6ues;? If an orfllaniz~tJon is the applicant, wha~ Is the nature and purpose of the organization? (Arso attaoh organization's most recent articles of incorporation and/or bylaws ~o application.) What is the amount of funding you are seeking? bib 'Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved fn the project, event or p.c. ogram for which you ere seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations wiJl provide the remainder o1' the fund[n§? 0a07:233 ltO. ] cj .'2_ L-1 @ t :~ {. ,"., ~ S0,.'68 .' I. ~ FEB-10-2003 14: 55; 96X Page 2 If aoplicant is an organization, answer the following". Is the organization a corporation? Is The organlzadon non-profit? I.~ the organization tax-exempt? .Yes Ne Yes .¢"':. No Yes / No What is the address of the applicant making th[s funding request? What is the telaphone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organlzatlon. Title (if signing on behalf of an erganlzatlon) Printed Name 040!;Z$ ]$0.1 ooo O FEB-10-20B~ 14:55 0042301093 96X P.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subject: March 12, 2003 Item Number: 8.C.12.b. Transfer of District Improvement Funds to the Chesterfield County School Board for Post Prom Celebrations County Administrator's Comments: County Administrator: ~ Board Action Requested: The Board is requested to transfer $1600 from the Bermuda District Improvement Fund, $2100 from the Clover Hill District Improvement Fund, $1600 from the Dale District Improvement Fund, $2100 from the Matoaca District Improvement Fund, and $2100 from the Midlothian District Improvement Fund to the Chesterfield County School Board for drug and alcohol free post-prom celebrations subject to the conditions described below. Summary of Information: Each Supervisor has requested the Board to transfer funds from their respective District Improvement Fund to the Chesterfield County School Board for drug and alcohol free post-prom celebrations at various local area high schools. The requested amounts from each fund are as follows: Bermuda: $1,000 for Thomas Dale High School, $500 for L.C. Bird High School and $100 for the Maggie L. Walker Governor's. School Total~ $1600 Preparer: Rebecca T. Dickson Title: Director, Bud,qet and Manaqement 0425:60778.1 Attachments: Yes ~ No 000171 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Clover Hill: $1,000 for Monacan High School, $1,000 for Clover Hill High School and $100 for the Maggie L. Walker Governor's School Totals $2100 Dale: $1,000 for Meadowbrook High School, $500 for L.C. Bird High School and $100 for the Maggie L. Walker Governor's School Total: $1600 Matoaca: $1,000 for Manchester High School, $1,000 for Matoaca High School and $100 for the Maggie L. Walker Governor's School Total: $2100 Midlothian: $1,000 for James River High School, $1,000 for Midlothian High School and $100 for the Maggie L. Walker Governor's School Total: $2100 A portion of this request is from the Maggie L. Walker Governor's School, which is located in Richmond and includes 200 Chesterfield County students. Since the Governor's School is a regional public school facility and is legally independent of the Chesterfield County School Board, the School Board will have to take action to authorize the transfer of the total $500 payment to the Governor's School. Accordingly, if the Board of Supervisors approves the transfer of the funds to the School Board, the money cannot be given to the Governor's School unless the School Board also takes action to approve the transfer to the Governor's School. The remaining requests for funds originally came from each school's PTSA or Prom Committee. The County is not legally authorized to transfer funds to these organizations or committees. The County is authorized to transfer funds to the School Board but only if the transfer is contingent on the money being placed in capital projects or school operating accounts to be applied to appropriate school-funded post-prom activities. The school system must also write checks directly to vendors who will be supplying goods or services to post-prom events. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. O0017Z FE)~--19-200~ 02:22 PI'I ~E~-.,. - -'~.'~: ..... 1,4. ~c, CHr-_'~TE~FIEL]:) Bd.0F SUPER, T0 S;:43~686 DiSTRI6T IMPROYF,,MENT FIJIND,~ P.02 p. 03/04 Thll application mua~ be ~mplet~d md signsd before [he County ~n consider a reque~ ~ ~ndlng with Dls~i~t Improvement Funds. ~mpletlng and signing this form doe; not mean ~at you will re,alva ~ndlng or that the County can legally the CounW to give public funds, su;h ae ~a=lct Improvement. FundS, to prlvl; pemons or organizations and these re~t~ic~ons ~;Y gredude the CounH'~ ~ard of Supervisors from even ~onaiderlng yeur request, What Is the name of the apl:~llcant (person ur organiz.,~tionl making this funding request? If ~n organization is the applicant, wl~at is the nature end i~urpose of the orgaoizatto~? (Also attach organizatlon's most recent ar:icles of Incorporation and/or bylaws to applica~ion .) What is the amount of fundh~g you are seeking? Describe in detail the funding request and how The money, if approved, will be spenz. I$ arly County DepertlT~enl. involved ~roJect, event or program for which you are seeking funds? If thls request for fundir~ wili not futl¥ fund your activity ur program, what o~her IndJviduals or organizatlons will I~rovide the remainder of the funding7 0407:2~380, ~ 000i73 FEB-29-2883 14:42 96X P.02 F£I~-19-200~ 02:~2 PM If applicant is an arganizztion, answer th~ following: Is the organization e corporation? Is the o~ganizatlon norl-profi~? I$ the organ~za~.lon ~ax-.oxempt? What is the address of the al~pticenl: making this funr~ing request2 Yes No...__~____ Yes '~_~---'_ No ..... Yes~_.__ No ..... What ia the 1;elephona number, fax number, e-maJJ address of the applicant? Signature of applicant. If you are signing an behalf of an organi[ation you must ~e the president, vice-president, chairman or via- chairmen 0f the organization. ~[J~ Ill ~ning 0n b~f ~n °rgmniz.~o~) Printed Nam, 0 FEB-L9-2003 14:43 000174 P. 03 TO'd DISTRICT IMPROVEMENT FUI~IDS This application must be completed and signed baf(~re the County can consider a request for funding with District Improvement F~nds. Completing and signing this form does not mean that you will ireceive fundlhg or ~hat the County can legally consider your request. Virginia law Places substarRial re--fictions on the authority of the County to give public funds, such as DistriCt Improvement Funds, to private persons or organizations and these ~estrictions may preclude the County's Board of ~0 Supervisors from even considering your request. 1. What' is the name of the appllcant (person or organization) making this fbnding request? If an organize[ion is the appli~ the nature and purpose of the (Also attach organization's mPst recent articles of incorporation and/Or bylaws to application.) , What is the amount of funding you are seeking? Describe in detail the funding~ request and ;ant, what is ~= organization~? ' Is any County Department ingolved in project, event or program for! which you are seeking funds? '= If this request for funding will not fully fu~td your activity or program, what other individuals or organizations v~ill provide the remainder of the funding~ 0407:23380.1 000 .75 0407:23380~ 1 ~9~d If applicant is an organization following: Is the organization a corporat Is the organization non-profit; Is the organization tax-exempt7 answer the on? What is the address of the al~plicant making this funding request? What is the telephone numbe e-mail address of the applica~ r, fax number, Page 2 Yes' Yes, Yes ~ No_ No No Signature bf applicant. If you are signing on behalf of lan or~lanization you must be the president,! vice-i~resident, chairman or vice- chairman ~f the organization. Signature ~ Ti'tie (If silting o~ behalf of an organization) Printed NI me ooo 76 ~9£~Z~L~O@ ~£:0~ £0~/L~/~0 2003 MONACAN CONRIBUTIONS: PARENTS: BUSINESSES: ORGANIZATIONS: CI-W. STERFIF,! .D CO~ POST-PP~ DM I Cp :60 £00E-LI-fiIBfi qCOME ~0 00 ;75 1 000 ~325 £0 39~d Ig£~L~L~08 t~£:@I 2003 MONACAN OST-PRO~M E] ~PENSES AUSTIN'S PROMOTION~ ROBIOUS FITNESS CENTER MASSINO'S CASINO FOOD pRIZES/GAMES DECORATIONS 4200 2000 1000 '400 ,500 ~ 225 ~8325 0001'78 PO 39~d ~gE~LPLP08 ~E:O~ EOOE/L~/~O DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund,--~ your activity or program, what other individuals or organizations will provide ~' ~-¢x--~'~v~.--~ o-~._~ the remainder of the funding? 0407:23380.1 000 79 Page 2 = If applicant is an organization, answer the following' Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes ,/ No Yes ~ No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signat~r~j --- __ Title (if signing on behalf of an organization) Printed ~l~me DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. vvi~c~, iS[~ir~ i'lail'le of the upplican~ (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Aisc attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. Is any County Department involved in the project, event or program for which you are seeking funds? no If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 000181 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes ~ No Yes ~ No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (if signing on behalf of an organization) Printed Name 0407:23380.1 O00j. S2 DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of [he applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to plication.) What is the amount of funding you are seeking? Describe in detail the funding request how the money, if approved, will be ,¥ent. ' Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 000 .83 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No ~J' Yes ~ No Yes v' No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. t~..S~gn~tdre' T'~Ie ~if sig~ing on behalf of an organi'zation) Printed Name 0407:23380.1 000184 DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the appiicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Aisc attach organization's most recent articles of incorporation and/or bylaws to application.) group of parent valnnt~er~q wha.q~ Clover Hill High School (CHHS) Post pnrpn~ i ~ Prom ~am~4tt~e is a tn nraxr~H~ ~ ~afe, alcohol and drug-free celebration after the prom for the teenagers of CHHS. In support of our goal, we also provide drug and alcohol awareness for the parents of CHHS students and Whatmthe amount offunding you are the community at large. seeking? 81,O00.00 - 51;~o0.oo Describe in detail the funding request and how the money, if approved, will be spent. We request this funding to assist our organization with the $2:300.00 f~ charged hv Robious Sports and Fitness Center for rental of their facility for our post prom celebration. See also submitted with this application. Is any County Department involved in the project, event or program for which you are seeking funds? ~Tn "Background Information" If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? Pmrmnt mhd hnminm~ Hnnmtions, community grants and ticket sale~ 0407:23380.1 000185 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes × No Yes × No What is the address of the applicant Clover ~i]_l Nigh School Post Prom making this funding request? Committee, c/o Debra ~avrati] ~7!0 Maple ~rook Drive Midlothian, VA 23112 What is the telephone number, fax number, Debra Navratil (pbone)73q-5780 e-mail address of the applicant? (email) Navsrus@comcast .net Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature ' tt;'// Title (if signing on behalf of an organization) Printed Name 0407:23380.1 000~,~6 FEB-19-2003 12:38 MATOACA HIGH SCHOOL 804 5903022 DISTRICT IMPROVEMENT FUNDS APPMCATION This application must be completed and signed before the County ca; consider a request for funding with District Improvement Funds. Completing am signing this form does not mean that you will receive funding or that the County c~ legally consider your request. Virginia law places substantial restrictions on th, authority of the County to give public funds, such as District Improvement Fund.~ to private pemons or organizations and these restrictions may preclude the County'** Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding P. 02×03 If an organization is the applicant, what is the nature and purpose of the organization? (Also affach organization's most recent articles of incorporation and/or bylaws tcr. application.) n I 0 p FO O J,O[ e.. 0,. ~ - What is the amount of funding you are seeking?~j~ t 000. O0 Describe in detail the funding request and O.A~O.~ 1 n<~ howthe money, if approved, will be spent. ?lj ~r'~Le,~ '_ _~.~c~L ~1.0../~,5., is any County Department involved in the project, event or program for which yog. are seeking fund. s? , , t, ,., ! If this request for funding will not fully fund 0407'_23380.1 0001 ? FEB-19-2003 12:51 804 5903022 98~ P.02 FEB-19-2003 12:38 MATOACA HIGH SCHOOL 804 5903022 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County ca consider a request for funding with District Improvement Funds. Completing an signing this form does not mean that you will receive funding or that the County ca legally consider your request. Virginia law places substantial restrictions on th authority of the County to give public funds, such as District Improvement Fund: to private persons or organizatiorm and these restrictions may preclude the County' Board of Supervisom from even considering your request. What is the name of the applicant (person or organization) making this funding If an organization is the applicant, what is the nature and purpose of the organization? (Also affach organization's most recent articles of incorporation and/or bylaws to. "'T'f) pK0 0 lC/e. 0, ,~ application.) ~ t What is the amount of funding you are seeking?,j~ I OOO. 0 0 Describe in detail the funding request and 0.~0-~' l r~ how the money, if approved, will be s Is any County Department involved in the project, event or program for which yo)l. are seeking fund, s? .6u Arc p too C. II If this request for funding will not fully fund 0407~3380.! ~EB-19-2085 0407:23350. i 12:38 MATOACA HIGH SCHOOL your activity or program, what other individuals or organizations will provide the remai.nder of the funding? If applicant is an organization, answer the following: is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes Yes No Yes '"'" No v'~ No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? 5qo- Signature of applicant. If you are signing o, behalf of an organization you must be th~ president, vice-president, chairman or vice chairman of the organization. Signature Title (if signing on behalf of an organization) I Printed Name 000 .8 TOTAL P.83 FEB-19-2883 12:51 884 5983822 99X P.83 02-03-2805 08:34RM Hallsborough Builders Inc 1 884 4235180 P. D2 DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean' that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What ic;the name of. the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorpora6On and/or bylaws to applicatio, n.) .' seeking?What is the amount of funding you are Describe in detail the funding request and how the money, if approved, will be spent. "~,~t~ ~,~t ~. ~ ~r~ c~. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? O00xgo FED-03-2003 09:13 1 804 4235183 08~ P.02 Ha!lsboroogh Builders [nc 1 [~04 42~5183 P. 0~ Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No ~' Yes v' No Yes v' No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- cha~an of tTz/~rganizatlon. Signature mLW'C S Title (if signing on behalf of an organization) Printed Name 0407:233g0, ! 000191 TOTAL P.03 FEB-03-208~ 89:13 1 884 42~5183 g?% P.8~ DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? · THOMAS DALE HIGH SCHOOL PTSA -PARENTS' COMMITTEE CLASS OF 2004 If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) To provide a drug-free alcohol-free event for students to attend a~ter the and Prom What is the amount of funding you are seeking? $1,000.00 Describe in detail the funding request and how the money, if approved, will be spent. Requesting After Prom Celebration to be held 5/16 - 5/17 fundinq for at Thomas Dale High. Funds will be used to help with cost of activities for approxlmate±y b/b - 600 students. Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Donations from parents, businesses or other community organizations. Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Yes No Yes ×× No Yes ×× No xxx Parent's Committee- Class of Rhonda Klaas - Vick¥ Carter ___C~IIHS ~ RT~A_ 3626 W. Hundred Road Chester, VA 23831 Phone: 530-9231 :E-Mail: 200, Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Sighature Title (if signing on behalf of an organization) Printed Name 0407:23380.1 000,/9,3 FEB-7-2005 05:~2P FROM: T0:?176297 P:2x3 DISTRICT IMPROVEMENT FUNDS APP--. This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the CounW can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? {Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of 'funding you are Describe in detail the fundin~ request and how the money, if approved, wi. II be.spent. Is any CounW Department involved in the project, event or program for which If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide -~-~¢- the remainder of the funding? OdO7'l'{3RO, I FED-O?-20~3 18:55 P. 0~ FEB-7-B005 05:~EP FROM: T0:7176297 p:jxj Psge ~ If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Yes No Yes v". _ No Yes- v/ No Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization- 'signature " [~ Title (if signing on behalf of an organization) Printed Name r,4o7.'2335o I 000195 3 FEB-07-2003 16:55 97% P.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: March 12, 2003 Item Number: 8.C.13. Subject: Instruct Stiff and the Planning Commission to Prepare Amendments to the Subdivision and Zoning Ordinances that Would Legalize Existing Lots that are in Violation of the Subdivision Ordinance County Administrator's Comments: County Administrator: Board Action Requested: Instruct staff to prepare amendments to the subdivision and zoning ordinances, as necessary, to legalize lots that are currently illegal under the subdivision ordinance and, further, instruct the Planning Commission to hold a public hearing on such amendments and make its recommendation to the Board by no later than June 17, 2003. Summary of Information: Since 1948, the County's subdivision ordinance has prohibited the creation or modification of lots within a recorded subdivision without obtaining the County's prior approval. Between November 1969 and November 1970, five lots were created or modified in the existing Hylton Park Subdivision in violation of the subdivision ordinance. (See attached maps). The current owners of these lots purchased them subsequent to their improper resubdivision and did not create the violations. In March 2001, the County, with the assistance of the Clerk of the Circuit Court, implemented a policy where the Clerk will not accept a plat purporting to subdivide Preparer: Attachments: /s/Steven L. Micas Steven L. Micas Yes ~ No Title: County Attorney 0825 (23) :60845,1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 property unless the plat contains a stamp that reflects Planning Department approval. Although this new procedure does not address existing incorrect subdivisions, it reduces greatly the potential that subdivisions will be created incorrectly currently or in the future. An incorrect lot could experience some serious problems under the subdivision ordinance. For example, the owner cannot obtain a building permit to construct an addition to a house on the lot or to rebuild the house after a fire. Staff is asking the Board to initiate an amendment to the subdivision ordinance and, if necessary the zoning ordinance, which would legalize the Hylton Park lots, as well as other residential lots and parcels that were created prior to the safeguards adopted by the County and the Clerk of Court during March 2001. Staff believes there are probably many incorrect subdivisions throughout the County in all five magisterial districts. The only other option for owners of any lots recorded in violation of the subdivision ordinance to cure their problem would be by filing applications to resubdivide the lots pursuant to the subdivision ordinance. The resulting subdivision would generally conform to their current lot configuration but would, after resubdivision, comply with the ordinance. The owners would have to bear significant costs in doing so even though in many instances, such as the Hytton Park owners, they did not create the problem. Ordinance amendments would have the benefit of fixing numerous incorrect subdivisions. Staff and the Planning Commission would need at least three months to research and prepare the ordinance language and supporting documentation and for the Planning Commission to hold its public hearing. Although any such ordinance amendments would address subdivision problems existing prior to March 2001, they would not cure any existing zoning violations such as sideyard setback or lot area requirements. In those cases, the only way to cure zoning problems would be through a rezoning or a variance in individual cases. Under either approach, ordinance amendments or a resubdivision by the Hylton Park lot owners, building permits could only be issued after the process had been completed. 0825 (23) :60845.1 149 1558 t25 310 6 PAI~W~¥ i KFFI'HWOOD 11010 8827 315 4 7214 305 2 7184 231 3 245 3 7731 11007 9 :328 8378 1~40 8947 9401 t0930 10955 2 4 11017 100 010 11024 74o6 120 8174 9154 66 1101 110 2463 48 4442 7194 39 % 27 6 MIDLOTHIAN TNPK RD REAM8 RD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 10.A. Subject: 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. Ramsey Title: County Administrator Attachments: Yes ~-~ No ~000196 BOARD MEETING DATE 07/01/02 11/13/02 11/13/02 11/13/02 11/13/02 11/13/02 11/13/02 11/13/02 CHESTERFIELD COUNTY GENERAL FUND BALANCE March 12, 2003 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-recmTing 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 $36,604,290 000 .97 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONAl J,Y FUNDED BY DEBT March 12, 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) (90,0oo) (70,000) (170,000) (lO7,OOO) (5o,ooo) (250,000) (75,ooo) 8,600,000 (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 0 o o ~ o® o® ~ 000199 Prepared by Accounting Department Febmary 28, 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 Odginal Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 $31.409.90~6 Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 Outstanding Balance 02/28/03 $13,685,000 12,577 12,805,000 390,487 13,606 11,661 165,915 $27,084,246 PENDING EXECUTION Description Building Construction, Road Construction, Park Improvements and Systems - Certificates of Participation Approved June 26, 2002 Approved Amount $12,000,000 000 00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: March 12, 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 ~ounty 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 02-0041 Long and Foster Phase 1 Courtyard Road Chesterfield Ironbridge, LLC Richard L. Crowder Construction Company Water Improvements - Wastewater Improvements - Dale $29,839.36 $11,927.58 Preparer: Craig S. Bryant Title: Director of Utilities Attachment~: [~-] Yes No # 0O0201 Agenda Item March 12, 2003 Page 2 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0243 Founders Bridge, Section 2 (Chesterfield) Gray Land and Development Company, LLC Castle Equipment Corporation Water Improvements - Wastewater Improvements - Midlothian $84,355.00 $351,399.35 O00Z02 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: March 12, 2003 Item Number: 14.A. Subject: Chesterfield County Fire and Emergency Medical Services Requests the Board of Supervisors to Recognize Eddie Heussler for Receiving the Carnegie Hero Fund Commission Award County Administrator's Comments: County Administrator: Board Action Requested: Request recognition of Eddie Heussler for receiving the Carnegie Medal Summary of Information: Eddie Heussler has been selected to accept the Carnegie Hero Fund Commission Award for 2002. The Carnegie Bronze Medical is given to persons who risk their lives to an extraordinary degree while saving or attempting to save the lives of others. In the year 2002, one-hundred eight people have been recognized in the United States and Canada. Eddie Heussler is receiving this award for his heroic attempt on January 22, 2002, to rescue Helen C. Newcombe from her burning house. Preparer: Chief Steve A. Elswick Title: Fire Chief Attachments: [--~ Yes No O00; OB CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 14. B. Subiect: Recognizing Sean Patrick Beardsley, Troop 800, Sponsored by Bethel Baptist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Sean Patrick Beardsley, Troop 800, upon attaining rank of Eagle Scout. He will be present at the meeting, accompanied by members of his family, to accept the resolution. Midlothian District Sean Patrick Beardlsey Parents: Patrick and Teresa Preparer: Lisa H. Elko A~achments: Yes Title: I---]No Clerk to the Board 000 04 RECOGNIZING MR. SEAN PATRICK BEARDSLEY UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Sean Patrick Beardsley, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Sean has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes Mr. Sean Patrick Beardsley, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 00020 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 14.C. Subiect: Resolution Recognizing Miss Rebekah Elizabeth McGowan and Miss Linnea Ember Harper, both of Troop 925, Sponsored by Chester United Methodist Church, Upon Attaining the Gold Award County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions Summary of Information: The Board is requested to adopt the attached resolution recognizing Miss Rebekah Elizabeth McGowan and Miss Linnea Ember Harper, both of Troop 925, upon attaining the Gold Award. Bermuda District Rebekah Elizabeth McGowan Parents: Garrett and Pat Linnea Ember Harper Parents: Bradley and Chere Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes ~-~ No RECOGNIZING MISS REBEKAH ELIZABETH McGOWAN UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Rebekah Elizabeth McGowan, Troop 925, sponsored by Chester United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Rebekah is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Rebekah Elizabeth McGowan, extends its congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 000207 RECOGNIZING MISS LINNEA EMBER HARPER UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Linnea Ember Harper, Troop 925, sponsored by Chester United Methodist Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Linnea is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly recognizes Miss Linnea Ember Harper, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 000208 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 14.D. Subiect: Resolution Recognizing Chesterfield-Colonial Heights Families First Program County Administrator's Comments: County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of the outstanding services provided to first-time parents and their young children by the Chesterfield-Colonial Heights Families First program. In addition, we would like to commend the program for leading an initiative to develop parent resource centers at all Chesterfield and Colonial Heights libraries. A "grand opening# of the centers will take place on March 22 at 10:30 a.m. at all the libraries. The public is invited to attend. Mr. Gene Simon, On-Site Coordinator will be in attendance to receive the resolution. Preparer: Patricia M. Cullen Title: Prevention Services Mana,qer Attachments: Yes No oo0209 RECOGNIZING MARCH 22, 2003, AS ~FAMILIES FIRST DAY" IN CHESTERFIELD COUNTY WHEREAS, the grand opening of ten parent resource centers will take place in all the libraries in Chesterfield and Colonial Heights, Virginia on March 22, 2003; and WHEREAS, through the joint efforts of the Families First Advisory Committee and Program; Chesterfield and Colonial Heights Libraries; and the Chesterfield Community Services Board, these centers have been developed to assist families in obtaining the best parenting information and resources available; and WHEREAS, the grand opening includes stories being read to young children, book giveaways, and information on how to use the parent resource centers in each library; and WHEREAS, at the event, parents are provided with educational materials on a variety of parenting topics; and WHEREAS, various displays will educational for families in attendance. be both entertaining and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes March 22, 2003, as ~Families First Day" in Chesterfield County, and expresses gratitude, on behalf of all Chesterfield County residents, to those volunteers and professionals who work to assist families in dealing with the challenges of raising children to become happy, productive adults. ooo .o CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: March 12, 2003 Item Number: 14.E. Subject: Resolution Recognizing the Thomas Dale High School Varsity Football Team for its Outstanding Representation of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Honorable Jack McHale has requested that the Board of Supervisors commend and recognize the Thomas Dale High School Varsity Football Team for their superior achievement and representation of Chesterfield County. Summary of Information: The Thomas Dale High School Varsity Football Team completed the 2002 regular season with a 12-1 record and were the Central District and Central Region Division 6 Champions. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments~ Yes No 0 0211 RECOGNIZING THE 2002 THOMAS DALE HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in integral part of Chesterfield emotional development; and high school sports has County's educational, long been an physical and WHEREAS, under Mr. Vic Williams, coach of the Thomas Dale High School Varsity Football Team, and his staff's guidance and direction, the 2002 Thomas Dale Knights finished the regular season with a 12-1 record; and WHEREAS, under Mr. Williams' and his staff's guidance and direction, the 2002 Thomas Dale Knights finished the regular season with a 12-1 record; and WHEREAS, the Thomas Dale Knights won the Central District Championship and the Central Region Division 6 Championship; and WHEREAS, the Thomas Dale Knights football teams have had outstanding success under Coach Williams tenure, winning six regional championships, ten District Championships and twice participating in the final game of the State Championship; and WHEREAS, the citizens of Chesterfield County enjoy and support high school football. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12tn day of March 2003, publicly recognizes the 2002 Thomas Dale High School Varsity Football Team for its outstanding representation of Chesterfield County; commends the Knights, on behalf of the citizens of Chesterfield County, for their commitment to excellence and sportsmanship; and expresses best wishes for continued success. 00021. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 14.F. Subiect: Resolution Recognizing the 75t~ Anniversary of Loew's "Picture Palace" County Administrator's Comments: County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution recognizes Loew's "Picture Palace" for 75 years of entertainment and recreational contributions to residents of Chesterfield County and the Richmond metropolitan area. Mr. Joel D. Katz, Executive Director, Carpenter Center for the Performing Arts and Mr. Martin Rust, President of their Board, will be in attendance to receive the resolution. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Yes RECOGNIZING THE 75TM ANNIVERSARY OF LOEW'S ~PICTURE PALACE~ WHEREAS, Marcus Loew came to Richmond in 1927 to find a suitable location for building a ~Picture Palace" that would show his company's films in the Virginia capital; and WHEREAS, Loew's opened on April 9, 1928 with a showing of "West Point"; and WHEREAS, this premiere was the first of a great many that took place at this historic site; and WHEREAS, many generations of people from throughout the Richmond metropolitan area enjoyed their first film experience at this Sixth and Grace location; and WHEREAS, 75 years later, we know this building as the Carpenter Center, and celebrate its history and importance; and WHEREAS, the Richmond Symphony rescued the building from the wrecking ball and reopened it as a live entertainment venue in 1983; and WHEREAS, more location each year, annually; and than 200 events are conducted at this historic attracting nearly a quarter of a million visitors WHEREAS, the Carpenter Center is home to the Richmond Symphony, the Virginia Opera, Broadway under the Stars, and the "Many Worlds, One Community# multicultural series. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 12th day of March 2003, publicly recognizes the historic significance of the Loew's ~Picture Palace" to the Richmond metropolitan area, honors the memory of Mr. Marcus Loew and his vision, and extends to all those who lend their talents to or visit this landmark best wishes for many more years of wonderful performances. 0002 .4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: March 12, 2003 Item Number: 17.A. Subject: Public Hearing To Consider a Zoning Ordinance Amendment Relative to Notification County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors approve the attached zoning ordinance amendment relative to Notification. Summary of Information: The Planning Commission held their public hearing on January 17,, 2003, regarding this zoning ordinance amendment and recommend the Board of Supervisors adopt the proposed amendment. The 2002 General Assembly amended Section 15.2-2204 of the Code of Virginia requiring additional notification for zoning ordinance text amendments that decrease the allowed dwelling unit density of more than twenty-five (25) parcels of land. The amendment requires localities to notify the owner of most parcels affected by the zoning ordinance amendment. Notification is not required to the owners of lots in recorded subdivisions if the lot contains less than 11,500 square feet. Preparer: Thomas E. Jacobson Title: Director of Planninq C:DATNAG EN DA/2003/MAR/1/GOK Attachments: Yes ~'~ No 000 15 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 To comply with this amendment, Section 19-26 of the Zoning Ordinance must be amended by adding a new subsection 19-26 (c) (2) as noted in the attached zoning ordinance amendment. Section 15.2-2204 C of the Code of Virginia requires notification of adjacent jurisdictions for zoning related actions. This notification must be sent to adjacent localities at least ten (10) days prior to the hearing whereas the Zoning Ordinance (Section 19-26 (d)) requires at least fifteen (15) days notice. The Planning Commission and Staff recommend amending 19-26 (d) to match the State Code. 000216 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-26 RELATING TO ADVERTISEMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Section 19-26 of the Code Of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) Thc adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descriptive summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to thc zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such heating shall be held not less than five days nor more than 21 days after final publication. (b) Thc director of planning shall, at least 21 days before the date of the first hearing on any request for zoning, or appeal of a decision by thc planning director or other administrative officer to the board of zoning appeals, post on the land or building involved in any application or appeal, a notice of the public hearing as follows: (1) The notice shall be posted at reasonable intervals along streets abutting the subject property, or, if there is no abutting street, then at the proposed public street entrance to the property. The notice shall be posted in locations so as to be reasonably visible from public roads. (2) Neither the holding of any public hearing, nor the validity of any action on an application or an appeal, shall be affected by the unauthorized removal of a notice which has been duly posted in accordance with this section. (c) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public heating is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action involving a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of more than twenty-five parcels o0217 of land, the owner of the affected parcels, as identified in the assessor's records, shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. Written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner of lots shown on a subdivision plat (2) (-2-)(3) (d) (e) (1) (2) (3) (0 That this approved and recorded pursuant to the provisions of the Chesterfield County Subdivision Ordinance where such lots contain less than 11,500 square feet. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public heating is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. With regard to any action referred to in sections 19-16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the original zoning or condition and whose property is located within 1,500 feet of the property which is the subject of the application. When a proposed comprehensive plan or amendment thereto, a proposed change in zoning district map classification, an application for creation of a historic district or the designation of landmarks and landmark sites or an application for special exception or variance involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality, then, in addition to the advertising and written notification required above, written notice shall also be given at least 4-5 10 days before the hearing to the chief administrative officer or his designee, of such adjoining county or municipality. Posting and notification of adjacent property owners, as outlined in this section, shall not be required when: The hearing involves an application for zoning approval of 26 or more parcels of land initiated by resolution of the planning commission or board of supervisors; or On appeal when the appeal involves 26 or more parcels of land; or The hearing involves an appeal concerning no specific property. A party shall be deemed to have waived the right to challenge the validity of proceedings for which written notice is required if the party does not receive the required written notice, but the party has actual notice of, or actively participates in, the proceedings. ordinance shall become effective immediately upon adoption. 0o021 An Affi ~ate of Media General IDate Code P. O, Bo× 85333 Richmond, Virginia 232934)001 (804) 649,6000 220806 Ad size Pl JBI,IC NOTICRTAKF, NOTICE THAT THE tqC)ARD ZOO x 5~7.32 ATTACH Media General Operations, inc. Publisher of THE RICHMOND T~MES-DISPATCH This is to certify that the attached pl ~RI,IC NOTICF, TAK F, -N©Tb was Published ~y Richmond Newspapers, ~nc, in the City of RiChmond, Stat~ of Virginia, on the following dates: 02/26/2003 03/05/2003 The first insertion being given Newspaper reference: Sworn to and subscribed before tate of Virginia itY of Flichmond My CommiSsion expires 1337684 0212(5 Supervisor THiS $ NOT A BILL. PLEASE PAY FROIVI iNVOICE. THANK YOu CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: March 12, 2003 Item Number: 17.B. Subiect: PUBLIC HEARING: To Consider Conveyance of a 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 hold a public hearing 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 a 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 this conveyance. Preparer: Michael S. Golden Attachments: Yes Title: Director, Parks and Recreation No # 000219 I I FILE TO: RIGHT OF WAY OFFICE CHESTERFIELD COUNTY, VIRGINIA GIS CODE: ESMT PIN: 831654520700000 Easement No: 2003-0115 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 EASEMENT, dated MARCH 3, 2003, between the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia, 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, 810.1-1700 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 810.1-1800 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, associations, 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 810.1-1010; and C :~Documents and Settings~e lkol\Local Settings\TempX2003-0115.DOCLRMkJWH 0 0 0 2 ~ 0 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 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 is located, as having 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 County 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 is the owner 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 Grantor does hereby grant and convey to the Grantees an open-space easement in gross 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:" ALL that certain lot, piece or parcel of land, with improvements thereon and appurtenances thereunto belonging, lying and being in the County of Chesterfield, Virginia, containing 262.6420 acres, and identified as "Parcel A-2" on a plat 0623:60119.1 Page 2 of 10 made by Landmark - Fleet Surveyors, P.C. dated October 10, 2001, last revised January 23, 2002, entitled "Boundary Survey of Two parcels of Land Located North of Bermuda Hundred Road and East of Enon Church Road, Bermuda Magisterial District, Chesterfield County, Virginia", a copy of which is attached hereto and recorded herewith (the "Landmark - Fleet Survey"), and being more particularly bounded and described in accordance with the Landmark - Fleet Survey as follows: TO FIND THE POINT AND PLACE OF BEGINNING, begin at a point in the centerline of Bermuda Hundred Road (Rt. 697), said point being 2061 feet, more or less, along the centerline of Bermuda Hundred Road from the eastern line of N. Enon Church Road (Route 746); thence leaving the centerline of Bermuda Hundred Road and following along the northern line of a variable width railroad fight of way now or formerly owned by Seaboard Coastline Railroad and along the arc of a curve to the left having a radius of 408.07 feet and an arc length of 394.40 feet; thence N. 62° 25' 59" W., a distance of 177.27 feet to a point; thence continuing along said railroad fight of way along the arc of a curve to the fight having a radius of 345.78 feet and an arc length of 75.94 feet to a one half inch rod set on the eastern boundary line of property of Brown & Williamson Tobacco Corp (GPIN 8286549993); thence leaving said railroad right of way and continuing along the eastern boundary lines of property of Brown & Williamson Tobacco Corp. and Reynolds Metals Company N. 43° 21' 11" E. 2449.11 feet to a one half inch rod set which marks THE POINT AND PLACE OF BEGINNING. Thence leaving said eastern boundary line and extending through the property of Brown & Williamson Tobacco Corp. S. 86° 12' 31" E. 3968.49 feet to a one half inch rod set; thence S. 33° 42' 02" E. 1433.08 feet to a one half inch rod set; thence S. 76° 10' 23" E. 694.01 feet to a one half inch rod set on the western boundary line of property of Du Pont E. I. Denemours & Co.; thence continuing along said western line of property of DuPont E. I. Denemours & Co. N. 04° 35' 41" W. 497.26 feet to a stone monument; thence N. 11° 35' 09" E. 189.50 feet to a point; thence N. 02° 09' 33" E. 251.88 feet to a stone monument; thence N. 8° 45' 16" E. 351.96 feet to a stone monument; thence N. 01° 23' 22" W. 1254.42 feet to a stone monument; thence N. 39° 27' 20" E. 255.36 feet to a stone monument; thence N. 68° 52' 08" E. 150.69 feet to a one inch pipe found; thence N. 19° 00' 03" E. 61.36 feet to a point on the mean low water mark of the southern boundary of the James River; thence along said mean low water mark S. 84° 32' 27" W. 81.29 feet to a point; thence S. 84° 32' 27" W. 101.94 feet to a point; thence N. 64° 20' 21" W. 375.81 feet to a point; N. 59° 16' 50" W. 116.95 feet to a point; thence N. 57° 58' 33" W. 330.24 feet to a point; thence N. 66° 02' 36" W. 247.30 feet to a point; thence N. 68° 01' 54" W. 146.04 feet to a point; thence N. 64° 11' 54" W. 318.94 feet to a point; thence N. 66° 25' 00" W. 385.64 feet to a point; thence N. 64° 22' 49" W. 354.77 feet to a point; thence N. 64° 37' 56" W. 253.87 feet to a point; thence N. 63° 20' 37" W. 405.67 feet to a point; thence N. 59° 37' 10" W. 392.90 feet to a point; thence N. 64° 32' 37" W. 345.74 feet to a point; thence N. 60° 22' 14" W. 176.19 feet to a point; thence leaving the southern 0623:6Ol 19.1 Page 3 of 10 O00E; Z boundary of the James River and proceeding in a southwardly direction along the western boundary of property of Brown & Williamson Tobacco Corp. S. 23° 52' 24" W. 821.47 feet to a fence comer; thence S. 65° 29' 53" E. 159.33 feet to a fence comer; thence S. 23° 39' 25" W. 867.86 feet to a fence comer; thence S. 30° 55' 34" E. 230.27 feet to a fence comer; thence S. 58° 04' 19" W. 635.86 feet to a fence comer; thence N. 52° 36' 45" W. 339.78 feet to a one half inch rod set; thence S. 43° 21' 11" W. 1363.05 feet to THE POINT AND PLACE OF BEGINNING. The above-described tract is shown as parcel 831 654 5207 among the land records of Chesterfield County and totals 262.642 acres. AND SUBJECT, HOWEVER, to the restriction that the Grantees or their successors and assigns may not transfer or convey the open-space easement herein conveyed to the Grantees unless the Grantees condition 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 restrictions, conditions and 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 brash 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. o 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 historical and 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 0623:60119.1 Page 4 of 10 {} V~}2~., o 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. 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 carded 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, its 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: 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. Bo 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. 0623:60119.1 Page 5 of 10 o 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 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 cleating 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 any 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 1st of the third inactive year. 0623:60119.1 Page 6 of 10 o o 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 parcels, or as required in the 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 precautions it deems reasonable 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 0623:60119.1 Page 7 of 10 000226 10. 11. 12. (vi) (vii) 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, 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 recreational facilities such as baseball fields or soccer fields are 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 river 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 Grantor, its 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 8 of 10 000~7 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 10.1-1801 and Section 10.1-1009 of the Code of Virginia. WITNESS the following signatures and seals. APPROVED AS TO FORM: GRANTOR: COUNTY OF CHESTERFIELD, VIRGINIA ASSISTANT COUNTY ATTORNEY BY: ARTHUR S. WARREN, CHAIRMAN BOARD OF SUPERVISORS Accepted: VIRGINIA OUTDOORS FOUNDATION LANE B. RAMSEY COUNTY ADMINISTRATOR By: TAMARA A. VANCE, EXECUTIVE DIRECTOR Accepted: FRIENDS OF CHESTERFIELD'S RIVERFRONT By: JANIT L. POTTER, EXECUTIVE DIRECTOR 0623:60119.1 Page 9 of 10 COMMONWEALTH OF VIRGINIA, COUNTY OF CHESTERFIELD, TO WIT: I, , a Notary Public for the Commonwealth aforesaid, hereby certify that ARTHUR S. WARREN, CHAIRMAN OF THE BOARD OF SUPERVISORS AND LANE B. RAMSEY, COUNTY ADMINISTRATOR, 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) 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 10 of 10 An Affiliate of Media Genera~ Advertising Affidavit (This is P.O. Box 85333 Richmond, Virginia 232934)00'1 (804) 649.-6000 Ad size PlJ'P,I,I'CNOTIC, RTAKF,'NOTICE THAT THF, aOARD 2J)0 x 19.i)O ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH , This is to certify that the attached pi lftf ,lc: 'NOTICETAKF, NOTI was published by RiChmond NewSpapers, Inc, in the City of Richmond, State of Virginia, on the follOWing dates: 03/05/2003 The first insertion being given Newspaper reference: 1337689 Sworn to and subscribed before me this_Z~b. __ 03105/200% ~ublic State of Virginia c~ of Richmond My Commission expires ¢.~(~¢~__ HIS IS NOT A BILL, PLEASE PAY FROM INVOICE, THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: March 12, 2003 Item Number: 17.C. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of a Fifty-Foot Unimproved Right of Way Known as Logan Street Within Bon Air Knolls Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Adopt an ordinance to vacate a portion of a 50' unimproved right of way known as Logan Street within Bon Air Knolls Subdivision. Summary of Information: John W. Verheul and Linda R. Verheul have submitted an application requesting the vacation of a portion of a 50' unimproved right of way known as Logan Street within Bon Air Knolls Subdivision. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs [--~No VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS LOGAN STREET WITHIN BON AIR KNOLLS SUBDIVISION Chmmm'~td County Depmrmm~ of UtiliZe8 ~ Of Way Ofl~o oK i~ Lo14 PLAT SHDVING A PORTION DF LDGAN STREET TD .BE VACA TED MIDLDTHIAN DIS TRIC T CHES TERF]EL.D ClTUNTY) K~O BO# BLoCK c 9L 50 0 · SCALE 1'- 50 50 100 & FEET Dm*: £-J4-03 ,].~. 0302-06 , )0028;8 An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) C. FI'ERTRRFI'-f ,D CO RTGHT WAY CH~ STER-FIR[ D VA 2383? P.O. Box 85333 Richmond, Virginia 23293~0001 (804) 649-6000 220686 f)3t0q/200q Ad Size 2 00 x 17.00 337_92 03/05/2003 121 TAKE NOTICETHAT ON MARCH 12 2003 AT 700 ATTACH Media General Operations, Inc. Publisher of THE RICHgAON D TiMES-DISPATCH This is to certify that the attached TAKE NOT[CETHAT ON MA was published by Richmond Newspapers, inc. in the City of Richmond, Stat~ of Vkginia, On the following dates: 02/26/2003 03/05/2003 The first insertion being given Newspaper reference: 1338229 Sworn to and subscribed before 02/26/200q HERE Notary Public State of Virginia City of Richmond My Commission expires THiS iS NOT A BILL. PLEASE PAY FROM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: March 12, 2003 Item Number: 19. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Coun~ 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 26, 2003 at 3:30 p.m. Preparer: Lisa H. Elko Affachments: ~ Yes Title: No Clerk to the Board OOO238