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04-09-2003 PacketsCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 9, 2003 Subject: County Administrator's Comments Item Number: 2. County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Staff will brief the Board regarding a guardrail being placed on Woolridge Road, which was highlighted in Saturday's Richmond Times Dispatch. The county was required by federal legislation as a part of Homeland Security to conduct a vulnerability assessment of our water treatment, distribution and impoundment facilities. The study was conducted by a consulting firm with expertise in the security of water systems. One of the recommendations was to limit access to the reservoir from Woolridge Road by installing guardrails to enhance protection against accidental or intentional contamination of the reservoir. The attached documents explain that the County has never had the right to allow public use of Swift Creek Reservoir for recreational purposes. Another fact that probably confuses the issue is that Woodridge Road is not in the state system and is owned and maintained by the county thereby making the county responsible for installing the guardrail rather than VDOT. Preparer: Lane B. Ramsey Attachments: Yes ~No Title: County Administrator #00000~ COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: Members of the Board of Supervisors Lane B. Ramsey, County Administrator Steven L. Micas, County Attorney ~/l/[ April 3, 2003 Swift Creek Reservoir Periodically over thc last 30 years, citizens have raised questions about why most citizens of the County cannot use Swift Creek Reservoir for recreational purposes. When the reservoir was created by Chesterfield County in the late 1960's the County only purchased the limited right to flood the present reservoir and the right to use the water for a public water source. The property interest which the County acquired, known as an "impoundment easement" directly prohibits general public or commercial use of the Reservoir. However, the property owners that conveyed the impoundment easements to the County reserved the right for themselves and any purchasers of portions of the original parcels to use Swift Creek Reservoir for fishing, boating, swimming and other uses so long as those uses do not jeopardize the County's use of the reservoir as a ~vater supply. That means that purchasers of lots within Brandermill or Woodlake also purchase a personal right to use the reservoir for recreational uses. If the Board wanted to allo~v recreational use of the Swift Creek Reservoir for the general public, the County would have to acquire by purchase or condemnation the right of public access. When the impoundment easements were obtained by the County, they were dedicated at no cost to the County and the County agreed to pay Chesterfield Land and Timber $100 per acre to clear the property. The ten acres upon which the water plant was constructed by the County were also given to the County. In the 1960's the County had an extremely limited ability to borrow the large sums of money necessary to own and build a reservoir. In addition, the County had no source of public water that was immune from annexation by the City of Richmond. Given the County's then extremely small tax base from which to obtain revenues and the need to quickly acquire an additional source of water, it was felt at the time that rather than acquiring full rights to the reservoir it was financially advantageous to the County to only 00000£ acquire the right to use the reservoir as a water supply. Over 30 years later, the Swift Creek Reservoir remains an inexpensive and convenient source of clean water for a large portion of the County. About 20% of the land underneath the Reservoir was acquired from individual owners not connected with the development of either Brandermill or Wooklake. These parcels are subject to the same restrictions as the Brandermill/Woodlake portions of the Reservoir, although the Brandermill sailing club has operated for many years in the northern part of the Reservoir. 000003 0825:61164.1 CHRONOLOGY OF SWIFT CREEK RESERVOIR Early 1960's County begins planning for a new reservoir to provide a reliable source of water for County Citizens. At the time, all County water resources were subject to annexation or control by adjoining jurisdictions. Mid 1960's County decides to develop Swift Creek Reservoir by damming Swift Creek. County concludes that acquisition of "impoundment easements" rather than outright purchase will be significantly less expensive for County citizens. 1968 County begins to acquire impoundment easements. Major landowner is Swift Creek Development Corp. (affiliates: Chesterfield Land & Timber and Chesterfield Land Investments). Under easement agreements: County can flood property up to 178 feet above mean sea level. County cannot let water level fall below 173 feet above MSL for three consecutive years. Adjacent property owners can use reservoir for recreation subject to water quality restrictions. General public or commercial use of reservoir is prohibited (public use prohibited even from adjacent public rights of way such as Woolridge Road). Anticipated that Swift Creek Development will enter into agreements with all other owners of flooded property to regulate private use of reservoir for recreation. Some owners agree, some do not. 1970's Dam and water treatment facility are constructed. 0825:61172.1 000004 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Resolution Recognizing April 6-13, 2003, Item Number: 5. as "Boys and Girls Clubs Week" County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requested that the attached resolution be adopted. Summary of Information: This resolution is to declare April 6-13, 2003, as "Boys Week." and Girls Clubs Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs [~No I010005 RECOGNIZING APRIL 6-13, 2003, AS ~BOYS AND GIRLS CLUBS WEEK" WHEREAS, April 6-13, 2003 is ~'National Boys and Girls Clubs Week"; and WHEREAS, the Boys and Girls Clubs of Metro Richmond provide a safe haven for children during the most influential time in their lives; and WHEREAS, caring, professional staff help these young people to develop self-esteem, leadership skills and a positive outlook about setting and reaching life goals; and WHEREAS, club facilities are open to all youth and provide daily programs; and WHEREAS, Boys and Girls Clubs of Metro Richmond offer five core areas of service; and WHEREAS, those areas are Educational and Career Development; Character and Leadership Development; Health and Life Skills; The Arts; and Sports, Fitness and Recreation; and WHEREAS, two clubs currently operate in Chesterfield County, one at Falling Creek Middle School and one at Matoaca Middle School; and WHEREAS, these clubs serve more than 400 young people each year; and WHEREAS, all Chesterfield County residents benefit from the Boys and Girls Clubs of Metro Richmond and the manner in which they prepare our youths to face the future as caring, responsible citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9th day of April 2003, publicly recognizes the exemplary achievements of the Boys and Girls Clubs, and proclaims April 6-13, 2003 as ~Boys and Girls Clubs Week." 000006 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 9, 2003 Item Number: 6. Subiect: Work Session on the County Administrator's Proposed FY2004 Biennial Financial Plan, the Proposed FY2004 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2004-FY2010 Capital Improvement Program County Administrator's Comments: County Administrator: Board Action Requested: Hold a final work session on the County Administrator's Proposed FY2004 Biennial Financial Plan, the Proposed FY2004 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2004-FY2010 Capital Improvement Program Summary of Information: This time has been scheduled for a final work session on the County Administrator's Proposed FY2004 Financial Plans. Staff will review proposed revisions to the plans at the work session. These revisions and any additional revisions requested will be incorporated prior to adoption. Preparer: RebeccaT. Dickson Title: Director, Budget and Management Attachments: Yes r~No ~ ~®oo9 8 ~o ~¢ 0000~0 0000~ o~ 0000~ 000014 il 0000~5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I ,Meetin~l Date: April 9, 2003 Item Number: Subject: Direct the Planning Director to Re-Examine the Appropriateness of Characterizing Uses as Special Exceptions or Conditional Uses and Prepare Zoning Ordinance Amendments County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is directing the Planning Director to re- examine the appropriateness of characterizing uses as special exceptions or conditional uses and to prepare zoning ordinance amendments that would change any large impact uses from special exceptions to conditional uses and report back to the Board no later than July 31, 2003. Summary of Information: Mr. Kelly E. Miller, Dale District Supervisor is requesting this action. Preparer: Thomas E. Jacobson Attachments: ~-] Yes No Title: Director of Planning C: DATA/AGENDA/2003/MAR/2/GOK Motion The County's zoning ordinance currently contains uses that are characterized as special exceptions and approved by the Board of Zoning Appeals and other uses that are characterized as conditional uses and approved by the Board of Supervisors. In some instances, the special exception use can be of such a large scale and with such a significant land use impact on neighboring property that it would be more appropriate if it was.approved by the Board of Supervisors instead of the BZA. Therefore, I would like the Director of Planning to re-examine the appropriateness of characterizing uses as special exceptions or conditional uses and to prepare zoning ordinance amendments that would change any large impact uses from special exceptions to conditional uses. I would instruct the Director of Planning report back to the Board no later than July 31, 2003. 1923:61233.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.A.1. Subiect: Ordinance Amendments to Inspection Fees County Administrator's Comments: County Administrator: Section 5-5 of the County Code Relating to Building Board Action Requested: Adopt Attached Amendments to Section 5-5 of the County Code Relating to Building Inspection Fee Changes Summary of Information: Staff is requesting clarification type changes in the ordinances that relate to building inspection. No rate increases are proposed. These clarifications, in some cases, will change the rates to a flat rate versus a calculation of the estimated cost of the improvement. An example would be the cost of a permit inspection for a retaining wall. Currently this cost would be based on the estimated value of the retaining wall; and therefore, the customer would have to know the value and the permit fee would be a formula based on that value. The proposed code change being recommended would state a specific flat rate for the inspection of a retaining wall. Some other clarification examples relate to electrical and plumbing fees, providing cost differential, based on whether an electrical and plumbing ~rough in" inspection is required or not. All of these code changes are being recommended to clarify for builders whether or not a fee is required, and, if so, the exact amount of the fee. The proposed changes are expected to improve service to our customers. In all cases the resultant fee clarification will not increase the permit fee paid by an applicant. The proposed ordinance is attached. Preparer: Rebecca T. Dickson Attachments: Yes Title: Director of Budget and Management AN ORDINANCE TO AMEND THE CODE OF TIlE COUNTY OF CHESTERFIELD, 1997, AS AMENDD BY AMENDING AND RE-ENACTING SECTION 5-5 RELATING TO BUILDING PERMIT FEES BE 1T ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-5 of the Code o£ the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-5. Permit fees. (a) Generally. Except as provided in this section, every applicant for a building permit must pay the fees set forth in this section before the building official issues a building . ~u~, :~ permit ......., as required by the Virginia Uniform Statewide Building Code. If applicant ............ .4.4:,:~.~, c~ t. ....... .of n.: ....... :. ,u~ ~,~ .... ~ .... makes a change in the scope of work, thc ,..ma:.~ ~n~:n~ ~un,, .~, : ........... .~a amendment is required and additional fees may be assessed in accordance with this section. (b) Fees shall be charged in accordance with the following schedule: (1) General fees: State levy: The Commonwealth of Virginia imposes a state levy on all permit fees to fund the state's continuing education and training program for building inspection. All applicants shall be charged the state levy at the same rate charged to the county by the state. Administrative fees: fir. i. Change in construction plans and/or setbacks .... $40.00 (1) If the amendment results in a change in the scope of work, additional permit fees may be assessed in accordance with this section. (2) Change in contractor or lien agent, extensions, take-overs, transfers, reinstatements, and permits for CO purposes... $40.00 (3) Footing and foundation permits: available for permit holders accepting risk to commence with 0505:60589.1 1 000017 br. C.~. footing/foundation construction prior to building permit approval ..... $40.00 (4) Change of use or change of occupancy (no work being done) .... $50.00 (5) Credit card fees. All applicants who pay fees by credit card shall pay the credit card company's charge for use of the card, in addition to the permit fee. Code investigation fees: i. Residential: 25 percent of applicable permit fee, or $25.00, which ever is greater ~r 25 ...... · ~r ~. .... u~.~ .... :~ ~ :~ .... ~ ii. Commercial: 25 percent of applicable permit fee, or $50.00, which ever is greater ..... ~ ............. Reinspection fees:... $40.00 Refund requests r,,,k ........... : ............... '~ Refunds shall be allowed only in cases where construction was not started and shall be as follows: i. Residential: 25 percent of applicable permit fee, or $40.00, which ever is greater "~ '~ ...... ii. Commercial: 25 percent of applicable permit fee, or $100.00, which ever is greater "~ 25 iii. Environmental engineering fees and state levy are not refundable. Temporary certificates of occupancy and renewals: i. Residential building permits... $40.00 ii. Commercial building permits:... $100.00 (1) "Tenant upfit" permits, where work is incomplete under the "shell" permit .... No charge. 0505:60589.1 2 00001 S (2) Residential building permits: a. Single-family dwellings... $480.00 b. Modular/manufactured/mobile homes:... $200.00 i. Industrialized buildings, modular homes (without a permanent chassis)... $200.00 e-:. ii. Mobile and manufactured homes on private property... $80.00 dr. iii. Mobile and manufactured homes in a mobile home park... $40.00 ~.c. Additions, attach ........... ,, ...............and other accessory structures: ~ i_. Florida rooms, attached garages, detached garages with floor occupiable space... $240.00 ~ ii.~. Detached garages (no second floor occupiable space, double-door car shed and finished pool house)... $200.00 ~ iii~ Alterations, and converting deck/pomh/garage to finished space.. · $120.00 ~. iv. Porch and chimney additions, gazcbaa, .... --'~ $120.00 ~. v~ Deck, carport, gazebo, dormers, greenhouse, handicapped ramp, unheated pool house~ retaining wall, and boat dock with roof ad ......... ~ .... '~ $80.00 vii. vi_~. ~ Sheds:... $~9.99 Greater than 150 square feet including prefab sheds on skids and pole sheds... $80.00 Less than 150 square feet and costing less than $500 in materials and labor... No permit required vii. Other additions... $280.00 000019 0505:60589.1 3 Renovations and repairs ' ' ' : i. Renovation, alteration or conversion: (1) Resulting in a change in use of square footage. Unfinished space to finished space (with no new footings)... $80.00 (2) Resulting in no change in use of square footage, where a rough-in inspection is required...$80.00 Exterior renovation and storm damage repairs... $40.00 · ' ~.~..r, ' $40 t~ ...., .....,4., ~ h~mney relining 00 Fire damage repair permits: shall be based upon the most similar permit fee and shall be a minimum fee of $80.00 Floor joist and foundation repair... $40.00 ii. iii. iv. Other residential permits: ~. i_. Residential foundation pour inspections... $335.00 (1) Additional fee if concrete testing is required because out- of-specification concrete is used... $100.00 (2) Additional fee for reinspection when inspector is present and the concrete pour has been canceled or delayed in excess of one hour... $100.00 (3) As an alternative to the county's foundation pour inspection, the building official may accept inspection reports from qualified, independent engineers who are approved and reliable. vii. ii_Swimming pools (above and in-ground)... $40.00 viii. iii~Pool bather fences (if permitted separately from pool)... $40.00 ~ iv__~. Relocation (house moving)... $160.00 ~. v~ Demolition... $40.00 0505:60589.1 4 0 0 0 0 ZO (3) M:. vi.~. Elevator and wheelchair lift... $40.00 Residential auxiliary permits: a. Electrical "~;'~-~:"' .... :': ....... i. New single-family dwellings... $120.00 ii. Industrialized building (modular home)... $80.00 i-i:. iii_~. Additions~ and4med, o~ renovations, and conversions: (1) Where rough-in inspection is required... $80.00 (2) Where rough-in inspection is pre-existing...$40.00 iv. Tempor~y poles, pcrcS relocation, service change, installation, replacements, repairs . . . $40.00 v. Mobile or manufactured homes on private prope~y... $40.00 vi. Mobile or manufactured homes in a mobile home p~k (hook-ups only)... No fee Natural gas - all new installation: (1) Gas piping, propane tank and/or product line...$80.00 (2) Gas piping to appliances only... $40.00 (3) Propane tank and/or product line only... $40.00 ii. Repairs or replacement with like appliance... $40.00 iii. ~;, ........ c~,..~., ,- ....... .~..^, ...... .-*.. ¢~n an Mechanical re ................. : r ......... 0505:60589.1 5 O000g~. (4) Heating, venting and air conditioning (HVAC): (1) New system installation... $80.00 (2) System replacement with new ductwork... $80.00 (3) System replacement without new ductwork... $40.00 Woodstove installation... $40.00 Fuel tank installation and/or removal... $40.00 iii. i. ii. iii. New residential single-family dwellings, condo, townhouse, and duplex (per unit)... $160.00 ii. Industrialized building (M modular homes)... $120.00 80.00 iii. Additions, renovation and conversion: Where rough-in inspection is required... $80.00 Where rough-in inspection is pre-existing... $40.00 ~. iv__~. Mobile or manufactured homes on private property... $40.00 e. Boiler, fire and well.w.~v..~.~;a~*;~' ~,---,~;u ....... t-v-.-,-~:*~ (each single-family dwelling) ... $40.00 ' ;1 ...... ; ....~, .... l! ....... ;~M~ I- .......11-~ $59.99 Con'Lmercial building permits: 0505:60589.1 6 00001818 New construction: Fee for each $1,000 or fraction construction cost... $6.20 ii. Minimum fee... $250.00 Additions: ii. thereof of the estimated Fee for each $1,000 or fraction there of th.~e estimated construction cost... $6.20 Minimum fee... $150.00 Tenant upfits, re-roofs, pavilions,~,~.~-~'~ ~.,~,4:_,ow,.~..e,o concrete slab, elevator, escalator, wheelchair lift and accessory structures, repairs and renovations: i. Estimated cost of $2,000 or less... $100.00 ii. Fee for each additional $1,000 or fraction thereof of the estimated construction cost above $2,000... $6.20 Communication tower... $200.00 Retaining wall ... $100.00 Tents (greater than 900 square feet)... $40.00 Construction/classroom/office trailer installation or relocation... $50.00 0505:60589.1 Signs: i. ii. Estimated cost of $2,000 or less... $50.00 Fee for each additional $1,000 or fraction thereof of the estimated construction cost... $5.50 Commercial swimming pools: i. Estimated cost of $2,000 or less... $150.00 ii. Fee for each additional $1,000 or fraction thereof of the estimated construction cost... $5.50 iii. Barrier permit, if permitted separately from the swimming pool permit ... $50.00 7 00602,3 (5) (6) ~.. j_.Flag poles and tents (greater than 900 square feet)... $40.00 h:. k_.Satellite dish... $100.00 i:. l_.Demolition, ..'~zv!::g c,r rc!zcat!cn of a commercial structure... $100.00 Commercial auxiliary permits: ~ _Electrical, mechanical, plumbing, gas, active solar system, and boiler, and well permits, when the cost of labor and materials ~ fo_~r installation, alteration, replacement and/or repair is (rounded up to the nearest dollar): $1,000 or less... $50.00 For each additional $1,000 or fraction thereof, of the estimated cost over $1,000... $5.50 Te, include fF_ire/spfinkler and alarm installations, alterations, replacement and/or repairs when the cost of labor and materials is: i. $1,000 or less... $50.00 ii. For each additional $1,000 or fraction thereof, of the estimated costs over $1,000... 6.20 Other commercial permits: Annual certificate of compliance for elevators, escalators (per floor), dumbwaiters and man lifts, payable on or before December 31st for the following year... $40.00 Amusement devices: i. ii. iii. iv. Administrative amusement permit, required... $10.00 Kiddie fides - Type A... $10.00 Kiddie fides - Type B... $15.00 Major rides... $25.00 where no inspections are 000024 0505:60589.1 8 v. Spectacular rides... $45.00 (7) Fee exemptions: A building permit fee will not be required where the cost of construction is less than $500.00 and would not require securing any permit for electrical, gas, mechanical or plumbing work in accordance with Section 107 of the Virginia Uniform Statewide Building Code. A building permit fee will not be required for the construction of buildings designed and used as a place of worship. A building permit fee will not be required for building permits for construction by county departments funded by the general fund. A building or auxiliary permit fee will not be charged for commercial construction located in an "enterprise zone" as designated by the Commonwealth of Virginia and administered by the Chesterfield County Block Grant Office. This exemption shall continue for the life of the enterprise zone. (c) Disposition of fees. All permit fees required by this section shall be paid by the applicant to the county treasurer when the permit application is filed with the building official. The treasurer shall deposit all permit fees in the county's general fund. (2) That this ordinance shall become effective immediately upon adoption. 0505:60589.1 9 000025 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.A.2. Subiect: Ordinance Amendment to Section Environmental Engineering Fees County Administrator's Comments: County Administrator: 8-13 of the County Code Relating to Board Action Requested: Adopt Attached Amendment to Section 8-13 of the County Code Relating to an Environmental Engineering Fee Change Summary of Information: The Proposed FY2004 Biennial Financial Plan includes a recommendation to implement a new $1,000 fee in the Environmental Engineering area for resubmittal of previously approved subdivision plans. This is a fee that would only be charged when a project or plan that has already been reviewed and approved by staff is resubmitted by a developer or engineer for a requested change not initiated by the county. Resubmitted, previously approved plans account for about 34% of staff time review-or the equivalent of one engineer position. This fee is anticipated to generate about $20,000 in FY2004. However, future revenue generated from this fee should decrease as the private sector implements improvements within their own organizations to reduce the need for resubmittals. The proposed ordinance is attached. Preparer: Rebecca T. Dickson Title: Director of Budqet and Management Attachments: Ycs # O00026 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 8-13 RELATING TO EROSION CONTROL FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 8-13 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 8-13. Fees. (a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: (i) For an erosion and sediment control plan for land which is 10,000 square feet or larger and not located in a proposed subdivision: $1,060.00, plus $50.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land which is 10,000 square feet or larger and located in a proposed subdivision: $1,060.00, plus $50.00 for each lot. (iii) For an erosion and sediment control plan for land which is less than 10,000 square feet and is not to be used for a single-family residence: $100.00. (iv) For any building permit application or erosion and sediment control plan for land which is less than 10,000 square fee and is to be used for a single-family residence, separately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $40.00. (v) For resubmission of all or part of an erosion and sediment control plan for a subdivision or residential development for which plan approval has previously been granted, there shall be a fee of $1,000.00 unless the resubmittal was requested by or on behalf of the County. ooo (2) That this ordinance shall become effective on July 1, 2003. O00Og? 0505:60528.1 1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subiect: April 9, 2003 Item Number: 8.A.3. Ordinance Amendments to Section 18-22 and 18-27 of tO Utilities Fee Changes County Administrator's Comments: County Administrator: the County Code Relating Board Action Requested: Adopt Attached Amendments to Section 18-22 and 18-27 of the County Code Relating to Utilities Fee Changes Summary of Information: The current rate structure requires that the cost of projects that provide additional capacity to support continued development be recovered from capital cost recovery charges. To provide the required funds, it is necessary to increase the water capital cost recovery charge (water connection fee) by $1,000 for an equivalent residential unit. Effective July 1, 2000, the Board of Supervisors approved the first of a planned four-year, phase-in of this increase from $2,592 to $2,842. The rate was increased a second time from $2,842 to $3,092 effective July 1, 2001. The third phase-in of this increase from $3,092 to $3,342 became effective July 1,2002. For FY2004, staff is recommending the final phase-in with a fourth $250 increase from $3,342 to $3,592 effective July 1, 2003. The proposed ordinance is attached. Preparer: Rebecca T. Dickson Title: Director of Budqet and Management Attachments: Yes [~No # 0000~8 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA April 9, 2003 Page 2 of 2 The Proposed FY2004 Biennial Financial Plan also recommends a 4.7% increase in water charges and a 2.9% increase in wastewater charges. The water increase is being recommended to cover an unexpected $10 million cost increase from the City of Richmond for capital improvement projects. The requested increase in water charges equates to $1.26 on an average bi-monthly bill. The requested wastewater increase is primarily to cover $17 million for nutrient removal facilities at wastewater treatment plants due to the Chesapeake Bay Act. The requested increase in wastewater charges equates to $1.08 on an average bi-monthly bill. with the combined increases, an average bi-monthly bill would increase approximately $2.34. The proposed ordinance is attached. 000029 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 18-22 RELATING TO WATER CONNECTION FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 18-22 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 18-22 Connection fees. ooo (b) The capital cost recovery charge shall be: Customer Class Capital Cost Recovery Charge Meter Number Size of ERU's (inches) per Unit Water Wastewater 1.00 $ 2,?.2.00 $ 3.592.00 $ 1,465.00 (i) (ii) (iii) (iv) For a dwelling, single-family, 5/8 including townhouses, mobile homes that are not located in a mobile home park, and individually metered multi- family dwelling units. For a dwelling, two-family 5/8 (per unit) For mobile homes that am located in a mobile home park and for master metered multiple- family dwellings (per unit) For all other customer classes 1.00 $ 3,2~2.00 $ 3,592.00 $ 1,465.00 0.85 $ 2,E~!.09 $ 3,053.00 $ 1,245.00 5/8 1.00 $ 2,2~2.00 $ 3,592.00 $ 1,465.00 1 2.50 $ E,355.~0 $ 8,980.00 $ 3,663.00 11/2 5.00 ~e ~'~'7~'~'~, .... vv $ 17,960.00 $ 7,325.00 2 8.00 $ 2~,72~.00 $ 28,736.00 $ 11,720.00 3 16.00 $ 52,~.72..'~ $ 57,472.00 $ 23,440.00 4 25.00 $ °..2,55~.LY2 $ 89,800.00 $ 36,625.00 6 50.00 .~.v,e ~ ,~'*,.~.v~ r~t~ at~ $179,600.00 $ 73,250.00 8 80.00 ,~¢~'~'*. ,~v~.~^c~ $287360.00 $117,200.00 10 115.00 $~E~.,220.~2 $413,080.00 $168,475.00 12 155.00 ,~.~,~.~.~ o ~m an $556,760.00 $227,075.00 The capital cost recovery charge for meters that are larger than 12 inches shall be determined by the director based on the number of ERU's per unit. (v) The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eights inch shall be the same capital cost recovery charge in subsection (b)(iv). 0505:60527.1 1 OOO030 OOO See. 18-27. Utility charges. Effective January 1, 1999, the consumer shall pay charges for utility service in accordance with the following schedules: (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $0.99 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $1.98. (2) Commodity cost charge. (i) Water: 5!.!7 $1.24 per 100 cubic feet (CCD. (ii) Wastewater: $1.25 $1.31 per 100 cubic feet (Ccf). (2) That this ordinance shall become effective July 1, 2003. 0505:60527.1 2 0 0 0 0 ~ ~L CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: April 9, 2003 Item Number: 8.A.4. Subject: Ordinance Amendments Planning Fee Changes Countv Administrator's Comments: County Administrator: to Sections 17-11, 19-25, and 19-279 Relating to Board Action Requested: Adopt Attached Amendments To Sections 17-11, Code Relating to Planning Fee Changes 19-25, and 19-279 of the County Summary of Information: In June 2002, the Board adopted changes to certain Planning Department fees for development review. The changes resulted in an approximate five percent reduction to commercial development review fees and an increase to residential review fees consistent with the County Administrator's recommendation. The County Administrator's recommendation was part of a three-year phase in of fee increases to recover approximately 80% of the direct costs of performing such reviews. The Proposed FY2004 Biennial Financial Plan includes a recommendation to increase the current rates for many of the Planning Department's residential development review fees. The Adopted FY2003 Biennial Financial Plan included the first phase of increases. The Proposed FY2004 Biennial Financial Plan includes the second phase-in of fee increases. If implemented, the recommended fee increases as outlined in Ordinance Amendment A (Board's proposal with staff's technical clarifications and construction inspection fee)would recover approximately 62% of the Planning Department's development review costs. These fee increases are anticipated to generate an additional $87,800 in revenue above the FY2003 adopted level. Preparer: Rebecca T. Dickson Attachments: Yes Title: Director, Bud.qet and Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 The proposed financial plan also includes a new $25 per dwelling unit fee (at the time of building permit) to cover expenses directly related to reviewing residential building permits and certificate of occupancy reviews conducted in the field. This fee increase would generate approximately $62,000 and would cover the cost to create an additional construction inspector position to handle the increased workload in the area of proffered conditions enforcement. This position would help to improve customer service by reducing inspection time. Staff is also requesting minor technical amendments to the ordinance language consisting of clarifications that align more closely with the Board's intent to distinguish between fees charged for residential and commercial development proposals. Other Planning Department commercial fees remain unchanged. The Planning Commission held a public hearing on the proposed amendments at their February 18, 2003 meeting. The Planning Commission approved a recommendation to limit the increase in any single residential fee category to no more than 20 percent. Doing so will reduce the projected revenue in the County Administrator's proposed FY2004 budget by approximately $30,700, recovering approximately 60 percent of Planning Department development review costs. The Commission was also supportive of the new $25 fee and technical adjustments mentioned above. The Planning Commission's recommendation is included as Ordinance Amendment B and is inclusive of technical clarifications and construction inspection fee. The Board of Supervisors held a public hearing on the attached proposed amendments on March 26, 2003. Staff supports the Planning Commission's recommendation (Ordinance Amendment B inclusive of technical clarifications and construction inspection fee). Staff will make any of the necessary changes to the ordinance which are adopted by the Board of Supervisors. The proposed ordinances are attached. 0000 3 Ordinance Amendment A (Board's proposal with technical clarifications and Construction Inspector) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 17-11, 19-25 AND 19-279 RELATING TO APPLICATION FEES FOR SUBDIVISION, ZONING, SITE PLAN AND OTHER PLANNING APPROVALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Sections 17-11, 19-25 and 19-279 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 17-11. Fees. The fees for processing subdivisions by the county shall be payable upon submission of the plats to the county for tentative or final approval and shall be equal to the following: (a) Tentative subdivision approval, or resubmittal of an expired previously approved tentative: (1) Original submittal, including up to two resubmittals... $2!~.~0 330.00 Plus, per lot... 20.00 (2) Renewal of previously approved tentative, including up to two resubmittals in accordance with provisions of section 17-32... 330.00 Plus, per lot... 20.00 (3) Third and subsequent submittal for (1) and (2), per submittal... ~v.vv~ '~ ar, 220.00 (4) Substitute to approved tentative, per submittal... 5~.~0 60.00 (5) Adjusted tentative for previously approved tentative, including up to two resubmittals... 2 !~.~ 330.00 Plus, per lot... 20.00 Third and subsequent submittal, per submittal... 2!~.~ 220.00 (b) Final check, amended and resubdivision plat review: (1) Final check subdivision plat review... 6E0.~ 720.00 (Only one base fee will be required for final check plats required to be submitted in multiple sections due to provisions of section 17-42.) 1923:59742.2 3/07/03 1:41 p.m. (d) (e) (g) (h) (i) Plus, per lot... 10.00 (2) Final check resubdivision plat review... 520.0~ 560.00 Plus, per lot... 10.00 (3) Final check amended plat review... 210.~ 330.00 Plus, per lot... 10.00 Minor subdivision plat review... ~ i~.~0 330.00 Residential parcel subdivision, per parcel... 35.00 Parcel line modification review, per parcel... 25.00 Appeal of decision of director of planning... 27~.~ 290.00 Onsite sewage disposal system soils analysis review, per loffparcel... 155.00 Request by applicant to defer Planning Commission consideration of plat, per request: (1) 40 or fewer days... 250.00 (2) More than 40 days... 150.00 Request by applicant for engineering department to transfer to electronic format such non-electronic information for townhouse projects regarding contours, bounduries of impervious areas and delineation of storm sewer lines as set forth in § 17-32(d)... $75.00 Alternatives to chapter per section 17-8... 380.00 Plus any applicable plat review fee ooo Sec. 19-25. Fees. The following fees, which include the costs of heatings, advertisements and notices when required, shall be deposited simultaneously with the filing of the application: (a) Zoning reclassification: (1) Without conditional use planned development: a. Rezoning to R, R-TH, R-MF, MH or A classification... 2,~.99.99 3,300.00 1923:59742.2 2 3/07/031:41 p.m. 0000~ (h) Plus, per acm for the first 200 acres... 89.99 100.00 Plus, per acre over 200 acres.., a. 9.99 50.00 b. Rezoning to O, I, or C classification... 1,520.00 Plus, per acre for the first 200 acres... 50.00 Plus, per acre over 200 acres... 20.00 (2) With conditional use planned development: R-MF, MH or A ............... use.. a. Rezoning to for any R, R-TH, ~ ~ an 5,800.00 Plus, per acre for the first 200 acres.., g9.99 100.00 Plus, per acre over 200 acres... ~.9.99 50.00 b. Rezoning to for an'/O, I, or C ...............use.. 2,660.00 Plus, per acre for the first 200 acres... 60.00 Plus, per acre over 200 acres... 20.00 (3) No applicant for a zoning reclassification for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the Enterprise Zone.~ The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Conditional uses and manufactured home permits: (1) Manufactured homes permits: a. New... 550.00 b. Renewal... 250.00 (2) Family day care homes: a. Existing zoning R, R-TH, R-MF, MH or A classification... 250.00 b. Existing zoning O, I, or C classification... 240.00 1923:59742.2 3/07/03 1:41 p.m. (3) (4) Planned development: a. Without zoning reclassification: (i) -~,--~,,,.t,~v; ~.:~- zoning Any request for R, R-TH, R-MF, MH or A cl ............. uses ........... 5,200.00 Plus, per acre... 40.99 50.00 ...... cia (ii) ~v: ~,-~ · ........ ~ ....... ~ Any request for O, I, or C uses ... 2,380.00 Plus, per acm... 10.00 b. With zoning reclassification: (i) Rezoning ~ for any R, R-TH, R-~, ~ or A ............... use ........... 5,800.00 Plus, per acre for the first 200 acres... 89.99 100.00 Plus, per acre over 200 acres... ~9.99 50.00 (ii) Rezoning m for any O, I, or C c!a:sifica*3an use... 2,660.00 Plus, per acre for the first 200 acres... 60.00 Plus, per acre over 200 acres... 20.00 c. Amend con~tion of planned development to include a con~tion of a textual statement, per first two conditions: (i) c-;~*; ..... :~ ~uest for R, R-TH, R-~, ~ or A Each ad~tional condition thereafter... 699.99 850.00 (ii)E ........ ~ ....... ~ Any request for O, I, or C cia uses... 1,520.00 Each additional con~tion thereaker... 380.00 All others: z:ning Any request for R, R-TH, R-MF, MH or A uses ........... 2,600.00 Plus, per acre... 8O.OO 100.00 1923:59742.2 3/07/03 1:41 p.m. ............... uses . . . ........ o ....... ~, An'/request for O, I or C ~' .... ~' ...... 1,190.00 (c) (d) Plus, per acre... 30.00 (5) No applicant for a conditional use or planned development for any office, commemial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive ~lan. This exemption shall continue for the life of the enterprise zone. 2The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Amend condition of zoning, other than condition of planned development: (1) Per first two conditions: :~ ~ Any request for R, R-TH, R-MF, MH or A . ~, ...... 3,300.00 uses . . Each additional condition thereafter... 609.09 850.00 ~;~+; ..... ;-~ Any reouest for O, I or C ~.~;c.~..^- ......... ~, ....... ~, ............... uses... 1,520.00 Each additional condition thereafter... 380.00 (2) No applicant seeking to amend a condition of zoning for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive ~lan. This exemption shall continue for the life of the enterprise zone.- 3The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Sp pti , ~n nn ecial exce ons: .... , (1) Manufactured home, temporary: New... 550.00 b_. Renewal... 250.00 1923:59742.2 5 0 0 0 0 3 8 3/07/03 1:41 p.m. (e) (f) (g) (h) (i) O) (2) All others... 1,250.00 Plus, per acm... 30.00 Amend condition of special exception: (1) Per first two conditions... 400.00 (2) Each condition thereafter... 100.00 Variances, setback, request to BZA: (1) Variance for first ordinance section or subsection varied from... 250.00 (2) Each additional ordinance section or subsection varied from... 150.00 Variances, administrative: (1) Variance for first ordinance section or subsection varied from... 250.00 (2) Each additional ordinance section or subsection varied from... 150.00 Variances, all other: (1) Variance for first ordinance section or subsection varied from... 600.00 (2) Each additional ordinance section or subsection varied from... 150.00 Appeal to board of zoning appeals pursuant to section 19-21... 500.00 Sign ~e~'~r2ta Building and sign pemfit review: (1) An,/building permit application for a new single family dwelling or for each unit of a new two-family dwelling... 25.00 (2) Sign Permits: ¢-)a. Temporary signs, as permitted by article IV of the development standards manual... 60.00 (z2-)b. All other signs for which building permits are required... 110.00 (3)c. No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee in order to obtain a sign permit. This exemption shall continue for the life of the enterprise zone.4 1923:59742.2 6 00~03~ 3/07/031:41 p.m. (k) (1) (m) 4The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Substantial accord determinations: (1) Existing zoning R, R-TH, R-MF, MH or A classification: a. Planning commission hearing... 2,~00.00 3,600.00 b. Administrative determination... 400.00 550.00 (2) Existing zoning O, I or C classification: a. Planning commission hearing... 1,620.00 b. Administrative determination... 250.00 No applicant for substantial accord determination for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive ~lan. This exemption shall continue for the life of the enterprise zone. 5The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Modifications to development standards and requirements:... 250.00 (1) Any request for R, R-TH, R-MF, MH or A uses... 380.00 (2) Any request for O, I or C uses... 250.00 Deferral/remand requests by the applicant, per request: (1) Remand request to planning commission: a. ra-ydsti~g-zo~e~ Any request for R, R-TH, R-MF, MH or A cla ............ uses... 50 percent of original case fee b. ~ Any request for O, I, or C c!a::~ficat/~n uses... No fee 1923:59742.2 3/07/03 1:41 p.m. (2) Deferral of 40 or fewer days: (3) Rezoning, substantial accord, conditional use, CUPD or special exception: ii. ~,,.o,i-t,~v:°" ..... ,v.....~,:" ~ Any request for R, R-TH, R-MF, MH or A clas ........... uses... 500.00 ~v:o. ..... :-~ An re uest for 0 I, or C ~"~;*:~""~" ......... ~ ....... ~, y q ................ uses... 240.00 Modification to development standards, variance or appeal decisions to the BZA: ii. Ex:.sf. ng zzn!ng An,/request for R, R-TH, R-MF, MH or A ............... uses... 250.00 I, or C cl ............ ~...o~._~,~:"~: ..... -~--.~,:"~ Any request for O, ~.~:c:~,:^. uses ... 240.00 Deferrals of more than 40 days: Rezoning, substantial accord, conditional use, CUPD or special exception: i. Ex~:t:.ng zcn:.ng Any request for R, R-TH, R-iMF, MH or A c!ags!Scat:.zn uses... 250.00 ii. Ex!:t~ng zoning Any request for O, I, or C clag:]5c, at~gn uses... 140.00 Modification to development standards, variance or appeal decisions to the BZA: i. Exig'3ng z~n!ng Any request for R, R-TH, R-MF, MH or A c!ass:Z:.cat:.:n uses... 150.00 ~:~: ..... :~" Any reauest for O, I, or C ............... uses... 140.00 ii. No applicant requesting a deferral shall be required to pay a fee for the deferral if he was not charged a fee for his application. This exemption shall continue for the life of the enterprise zone.6 6The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. ooo 1923:59742.2 3/07/03 1:41 p.m. Sec. 19-279. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing as follows: (a) Site plan: (1) Original submittal for non-residential uses, including up to two resubmittals... $900.00 Plus, per acre... 60.00 (2) Third and subsequent resubmittals for non-residential uses, per resubmittal ·.. 310.00 (3) Adjustment to approved site plan for non-residential uses, per submittal or resubmittal... 310.00 (4) No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in subsections (a)(1) through (a)(3) above. This exemption shall continue for the life of the enterprise zone.~ ~The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. (5) Original submittal for residential uses, including up to two resubmittals.. ·1,400.00 Plus, per acre...90.00 (6) Third and subsequent resubmittals for residential uses, per submittal.. .480.00 (7) Adjustment to approved site plan for residential uses, per submittal or resubmittal...480.00 (b) (1) Schematic plan for non-residential uses... 1,140.00 Plus, per acre for the first 50 acres... 50.00 Plus, per acre over 50 acres... 20.00 (2) Amendment of approved schematic plan for non-residential uses. 250.00 (3) Schematic plan for residential uses... 1,800.00 1923:59742.2 9 O000,t]:2 3/07/031:41 p.m. (c) (d) (e) (2) Plus, per acre for the first 50 acres... 70.00 Plus, per acre over 50 acres... 40.00 (4) Amendment of approved schematic plan for residential uses... 380.00 Appeal of decision of director of planning... 250.~0 (1) For non-residential uses... 250.00 (2) For residential uses... 380.00 Request by applicant to defer planning commission consideration of plan, per request: (1) For non-residential uses: (-t4 a. 40 or fewer days... 240.00 (-2--) b. More than 40 days... 140.00 For residential uses: a_. 40 or fewer days... 250.00 More than 40 days... 150.00 Request by applicant for environmental engineering department to transfer to electronic format such non-electronic information regarding contours, boundaries of impervious areas and delineation of storm sewer lines as set forth in § 19-264.. · $75.00 That this ordinance shall become effective July 1, 2003. 10 1923:59742.2 3/07/03 1:41 p.m. Ordinance Amendment B (includes Construction Inspector proposal) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 17-11, 19-25 AND 19-279 RELATING TO APPLICATION FEES FOR SUBDIVISION, ZONING, S1TE PLAN AND OTHER PLANNING APPROVALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 17-11, 19-25 and 19-279 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 17-11. Fees. The fees for processing subdivisions by the county shall be payable upon submission of the plats to the county for tentative or final approval and shall be equal to the following: (a) Tentative subdivision approval, or resubmittal of an expired previously approved tentative: (1) Original submittal, including up to two resubmittals... $319.99 330.00 Plus, per lot... 20.00 (2) Renewal of previously approved tentative, including up to two resubmittals in accordance with provisions of section 17-32... 3 !9.99 330.00 Plus, per lot... 20.00 (3) Third and subsequent submittal for (1) and (2), per submittal... 2!9.99 220.00 (4) Substitute to approved tentative, per submittal... 59.99 60.00 (5) Adjusted tentative for previously approved tentative, including up to two resubmittals....~,,,.vv~ m aa 330.00 Plus, per lot... 20.00 Third and subsequent submittal, per submittal... Final check, amended and resubdivision plat review: (1) (h) 220.00 Final check subdivision plat review... 5°-.0.00 720.00 (Only one base fee will be required for final check plats required to be submitted in multiple sections due to provisions of section 17-42.) 1923:59742.2 1/30/03 1:22 p.m. '~ ~' - 00 944 (c) (d) (e) (0 (g) (h) (i) Plus, per lot... 10.00 (2) Final check resubdivision plat review... 520.00 560.00 Plus, per lot... 10.00 (3) Final check amended plat review... 210.00 330.00 Plus, per lot... 10.00 Minor subdivision plat review... 3!0.00 330.00 Residential parcel subdivision, per parcel... 35.00 Parcel line modification review, per parcel... 25.00 Appeal of decision of director of planning... 270.00 290.00 Onsite sewage disposal system soils analysis review, per lot/parcel... 155.00 Request by applicant to defer Planning Commission consideration of plat, per request: (1) 40 or fewer days... 250.00 (2) Mom than 40 days... 150.00 Request by applicant for engineering department to transfer to electronic format such non-electronic information for townhouse projects regarding contours, boundaries of impervious areas and delineation of storm sewer lines as set forth in § 17-32(d)... $75.00 Alternatives to chapter per section 17-8... 380.00 Plus any applicable plat review fee ooo Sec. 19-25. Fees. The following fees, which include the costs of hearings, advertisements and notices when required, shall be deposited simultaneously with the filing of the application: (a) Zoning reclassification: (1) Without conditional use planned development: a. Rezoning to R, R-TH, R-MF, MH or A classification... 2,~.00.00 3,300.00 1923:59742.2 2 1/30/03 1:22 p.m. O0004S (2) (b) (3) Plus, per acre for the first 200 acres ........ 100.00 Plus, per acre over 200 acres ........ 50.00 b. Rezoning to O, I, or C classification... 1,520.00 Plus, per acm for the first 200 acres... 50.00 Plus, per acre over 200 acres... 20.00 With conditional use planned development: R-MF, MH or A ............... use.. a. Rezoning ~o for any R, R-TH, ~:~:~:~ ,~ ~nn an 5,800.00 Plus, per acre for the first 200 acres.., gO.OO 100.00 Plus, per acre over 200 acres... ~n.~.~nn 50.00 I, or C ............... use.. 2,660.00 b. Rezoning m for any O, ~:c~,:~_ . Plus, per acre for the first 200 acres... 60.00 Plus, per acm over 200 acres... 20.00 No applicant for a zoning reclassification for ~y office, co~ercial or industrial use within an ente~fise zone designated by the Co~onwealth of Virginia shall be required to pay a fee, provided the director of planning detemnes that the request is in compli~ce with the comprehensive plan. This exemption sh~l continue for the life of the Ente~fise Zone.l The fee exemption for the Jeffe~on Davis ~ghway Ente~fise Zone expires on December 31, 2014. The fee exemption for the W~thfll Ente~fise Zone expires on December 31, 2016. Conditional uses and manufactured home permits: (1) Manufactured homes permits: a. New... 550.00 b. Renewal... 250.00 (2) Family day care homes: a. Existing zoning R, R-TH, R-MF, MH or A classification... 250.00 b. Existing zoning O, I, or C classification... 240.00 1923:59742.2 1/30/03 1:22 p.m. (3) (4) Planned development: a. Without zoning reclassification: (i) ......... ~, ....... ~, Any request for R, R-TH, R-MF, MH or A cl ............. uses... ~,vvv.vv 5,200.00 Plus, per acre... ~.9.99 50.00 (ii) ......... ~ ....... ~ Any request for O, I, or C cP~g:ficat:on uses ... 2,380.00 Plus, per acre... 10.00 b. With zoning reclassification: (i) Rezoning m for any R, R-TH, R-MF, MH or A ~:~ ~. 299 99 5 800 00 .............. use . . . , . ~ . Plus, per acre for the first 200 acres... S9.99 100.00 Plus, per acre over 200 acres... ~.9.99 50.00 (ii) Rezoning ~o for any O, I, or C c!ass~Scc, t~c,n use... 2,660.00 Plus, per acre for the first 200 acres... 60.00 Plus, per acre over 200 acres... 20.00 c. Amend condition of planned development to include a condition of a textual statement, per first two conditions: (i) ~:~':~ zc,::L':g Any request for R, R-TH, R-MF, MH or A ............... uses... 2,~.99.99 3,300.00 Each additional condition thereafter ......... 850.00 (ii) ........ ~, ....... ~, Any request for O, I, or C uses... 1,520.00 Each additional condition thereafter... 380.00 All others: ........ ~, ....... ~, An,/request for R, R-TH, R-MF, MH or A ~:~:~"~ 1 900 OO 2 600 00 ............... uses... , . , . Plus, per acre ........ 100.00 1923:59742.2 000 0~.~.,7 1/30/03 1:22 p.m. ......... ~, ....... ~, Any request for O, I or C ............... uses... 1,190.00 (c) (d) Plus, per acre... 30.00 (5) No applicant for a conditional use or planned development for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive ~lan. This exemption shall continue for the life of the enterprise zone. 2The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Amend condition of zoning, other than condition of planned development: (1) Per first two conditions: ;"" Any request for R, R-TH, R-MF, MH or A 2,499.99 3,300.00 uses . . . Each additional condition thereafter... ~99.99 850.00 '"* ......... ~ .............. uses . . . Ex ...... r. ....... ~, Any request for O, I or C ~,...:e.~.,:~- 1,520.00 Each additional condition thereafter... 380.00 (2) No applicant seeking to amend a condition of zoning for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive ~lan. This exemption shall continue for the life of the enterprise zone. 3The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Special exceptions:... 1,259.99 (1) Manufactured home, temporary: a= New ...550.00 b_:. Renewal... 250.00 1923:59742.2 1/30/03 1:22 p.m. (e) (0 (g) (h) (i) (j) (2) All others... 1,250.00 Plus, per acre... 30.00 Amend condition of special exception: (1) Per first two conditions... 400.00 (2) Each condition thereafter... 100.00 Variances, setback, request to BZA: (1) Variance for first ordinance section or subsection varied from... 250.00 (2) Each additional ordinance section or subsection varied from... 150.00 Variances, administrative: (1) Variance for first ordinance section or subsection varied from... 250.00 (2) Each additional ordinance section or subsection varied from... 150.00 Vmiances, all other: (1) Variance for first ordinance section or subsection varied from .. 600.00 (2) Each additional ordinance section or subsection varied from... 150.00 Appeal to board of zoning appeals pursuant to section 19-21... 500.00 Sign pc, rrr2t: Building and sign permit review: (1) Any building permit application for a new single family dwelling or for each unit of a new two-family dwelling... 25.00 (2) Sign Permits: (-1-)a.Temporary signs, as permitted by article 1V of the development standards manual... 60.00 (-2--)b. All other signs for which building permits are required... 110.00 (3)c. No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee in order to obtain a sign permit. This exemption shall continue for the life of the enterprise zone.4 1923:59742.2 1/30/03 1:22 p.m. (k) (m) 4The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Substantial accord determinations: (1) Existing zoning R, R-TH, R-MF, MH or A classification: a. Planning commission hearing... 2,~00.00 3,600.00 b. Administrative determination ......... 550.00 (2) Existing zoning O, I or C classification: a. Planning commission hearing... 1,620.00 ~:*~ .......... : .....~ .....':~*:~ 520 OO b. Administrative determination... 250.00 No applicant for substantial accord determination for any office, commercial or industrial use within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay a fee, provided the director of planning determines that the request is in compliance with the comprehensive plan. This exemption shall continue for the life of the enterprise zone. SThe fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. Modifications to development standards and requirements: ......... (1) Any request for R, R-TH, R-MF, MH or A uses... 380.00 (2) Any request for O, I or C uses... 250.00 Deferral/remand requests by the applicant, per request: (1) Remand request to planning commission: x:v:~,: ..... :~ for R, R-TH, R-MF, MH or A a .......... ~, ....... ~, Any request c!a:~ification uses.., fi0 percent of original case fee b. ~ Any request for O, I, or C ............... uses... No fee 1923:59742.2 7 '000050 1/30/031:22 p.m. (2) Deferral of 40 or fewer days: Rezoning, substantial accord, conditional use, CUPD or special exception: zonLng Any request for R, R-TH, R-MF, MH or A uses... 500.00 ii. ........ e, ....... t, Any request for O, I, or C cl ............. uses... 240.00 Modification to development standards, variance or appeal decisions to the BZA: zodng Any request for R, R-TH, R-MF, MH or A uses... 250.00 ii. ~_;~,: ..... ;~- Any request for O, I, or C ~,,~o;~:~,.:~- uses... 240.00 (3) Deferrals of more than 40 days: Rezoning, substantial accord, conditional use, CUPD or special exception: ....... ~, Any request for R, R-TH, R-MF, MH or A uses... 250.00 ii. E ........ ~, ....... t, Any request for O, I, or C ~,..~:e;..,~- uses... 140.00 Modification to development standards, variance or appeal decisions to the BZA: ~ An,/request for R, R-TH, R-MF, MH or A uses... 150.00 ii. r-;~" ..... ;~- An re uest for O, I, or C ............... uses... 140.00 No applicant requesting a deferral shall be required to pay a fee for the deferral if he was not charged a fee for his application. This exemption shall continue for the life of the enterprise zone.6 6The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31, 2016. ooo 1923:59742.2 1/30/03 1:22 p.m. Sec. 19-279. Fees. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon filing as follows: (a) Site plan: (1) Original submittal for non-residential uses, including up to two resubmittals... $900.00 Plus, per acre... 60.00 (2) Third and subsequent resubmittals for non-residential uses., per resubmittal ·.. 310.00 (3) Adjustment to approved site plan for non-residential uses, per submittal or resubmittal... 310.00 (4) No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in subsections (a)(1) through (a)(3) above. This exemption shall continue for the life of the enterprise zone.~ ~The fee exemption for the Jefferson Davis Highway Enterprise Zone expires on December 31, 2014. The fee exemption for the Walthall Enterprise Zone expires on December 31,2016. (5) Original submittal for residential uses, including up to two resubmittals.. ·1,400.00 Plus, per acre...90.00 (6) Third and subsequent resubmittals for residential uses, per submittal.. .480.00 (7) Adjustment to approved site plan for residential uses, per submittal or resubmittal...480.00 (b) (1) Schematic plan for non-residential uses... 1,140.00 Plus, per acre for the first 50 acres... 50.00 Plus, per acre over 50 acres... 20.00 (2) Amendment of approved schematic plan for non-residential uses... 250.00 (3) Schematic plan for residential uses... 1,800.00 1923:59742.2 9 0000~2 1/30/03 1:22 p.m. (c) (d) (e) (2) Plus, per acre for the first 50 acres... 70.00 Plus, per acre over 50 acres... 40.00 (4) Amendment of approved schematic plan for residential uses... 380.00 Appeal of decision of director of planning... ~v.vv~t~ an (1) For non-residential uses... 250.00 (2) For residential uses... 380.00 Request by applicant to defer planning commission consideration of plan, per request: (1) For non-residential uses: ~ a. 40 or fewer days... 240.00 (-2-) b. More than 40 days... 140.00 For residential uses: a_. 40 or fewer days... 250.00 b_. More than 40 days... 150.00 Request by applicant for environmental engineering department to transfer to electronic format such non-electronic information regarding contours, boundaries of impervious areas and delineation of storm sewer lines as set forth in § 19-264.. . $75.00 That this ordinance shall become effective July 1, 2003. 10 1923:59742.2 1/30/03 1:22 p.m. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.A.5. Subiect: Ordinance Amendments to Section 10-3 of the County Code Relating to Fire Department Fee Changes County Administrator's Comments: /'~~' ~9~,,,'-~.6~ ~'2~ CountyAdm,nistrator: '//~' ~ /'~' '~' ,~d .~. Board Action Requested: Adopt Attached Amendments to Section 10-3 of the County Code Relating to Fire Department Fee Changes Summary of Information: The Proposed FY2004 Biennial Financial Plan includes a recommendation to implement a new $400 burn permit fee for open burning of large volumes of materials in excess of 320 cubic feet. The fee will not affect homeowners who burn tree or garden trimmings. The revenue generated by the fee would be used to fund a new position in the Fire Marshal's office to help regulate and monitor open burning. The new position would also assist with fire safety inspections when not involved with open burning. Estimated revenue in the first year is $90,000 based on 225 permits being issued. Historically, the Virginia Department of Environmental Quality has been the regulatory agency that issued permits and monitored open burning. In 1998 the state relegated this responsibility to the local governments. Continued development in Chesterfield County has increased the number of staff hours necessary to regulate open burning. Preparer: Rebecca T. Dickson Title: Director of Budget and Mana.qement Attachments: [~]No # U00054 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 Summary of Information (cont.): Investigations into citizen complaints often lead to findings that open burning practices do not conform to open burning regulations. Closer monitoring of open burning would reduce the number of citizen complaints. The cost to clear land is approximately $3900 more per acre if a developer grinds or removes stumps and other debris from the site. The development community clearly saves money through open burning and would incur the cost of regulating this practice. Currently several other localities, such as Albemarle County, Arlington County, Fairfax County, James City County, Prince william County, and York County charge open burning fees. Since the public hearing on March 26, 2003, additional changes to the proposed ordinance have been requested. The most significant revisions are: 1) Open burning may be allowed only when environmental conditions are favorable. Chesterfield Fire & EMS will utilize the Virginia Department of Forestry Fire and Readiness Level rating system and the Virginia Department of Environmental Quality Air Quality Index rating system. Daily postings will be made Monday through Friday on the Fire and Life Safety web site. 2) For verbal burn permits, the minimum distance burning shall occur from any occupied building is increased from 300 feet to 500 feet unless the occupants of such structure have provided written permission for the burning to be conducted closer. 3) For written burn permits, the minimum distance burning shall occur from any occupied building is increased from 500 feet to 1,000 feet unless the occupants of such structure have provided written permission for the burning to be conducted closer. 4) Burning shall be conducted a minimum of 250 feet from roadways and utility transmission lines, and 1,500 feet from air fields, health care facilities and schools. The proposed ordinance, including the revisions referenced above, is attached. 000055 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIED, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 10-3 RELATING TO OPEN FLAMES OR BURNING BE 1T 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: ooo 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, and minimizing public nuisance. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. F-403.2. Definitions. Delete and substitute section F-403.2 as follows: For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. C. "Clear area" means an area free of vegetation, leaves, brush, or other materials capable of contributing to fire spread. D. "Clean burning waste" means waste, which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. 0505:58033.1 ! 000056 "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. F. "Debris waste" means stumps, wood, brush, and leaves from land cleating operations. G. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. H. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day-to-day living. I. "Hazardous waste" means refuse or combination of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. J. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day-to-day living. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses, and steel mills. "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. N. "Local landfill" means any landfill located within the jurisdiction of a local government. O. "Occupied building," means any structure occupied or intended for supporting or sheltering any occupancy. 0505:58033.1 2 "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. "Open Burning Container" means a container intended to contain tim and prevent fire spread outside of the container. The container shall be constructed of a material that, in the form in which it is used and under the condition anticipated, will not ignite, burn, support combustion, or release flammable vapors when subiected to fire or heat. Examples would included; a barbecue pit, clean metal dram, or non-combustible block enclosure. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. "Recreational Fire" means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commemial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid waste management regulations for further definitions of these terms. YW. "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. J~t X "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 0505:58033.1 3 "Structure" is an assembly of materials forming a construction for occupancy or use including stadiums, gospels and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, storage tanks (underground and above ground), trestles, piers, wharves, swimming pools, amusement devices, combustible fences, and other structures of this general nature but excluding water wells. The word "structure" shall be construed as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. ¥ Z. "Warming fire" See recreational fire. F-403.3. Prohibitions on open burning. Delete and substitute Section F-403.3 as follows: A. 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. B. 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. C. 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. D. 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. E. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of debris waste, construction waste or commercial/industrial waste. Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or 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 0505:58033.1 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 buming or use of special incineration devices shall be immediately terminated in the designated air quality control region. No person shall cause or permit open burning of a recreational fire or warming fire except within an approved open burning container or a clear area of at least 20 feet. No recreational or warming fire shall be allowed within 20 feet of a structure. The Code Official shall have the authority to ban or prohibit open burning that will be offensive or hazardous due to environmental conditions, smoke, or odor emission when atmospheric conditions or local circumstances make such fires hazardous or offensive. The Code Official may continue any such ban until conditions or circumstances are considered less hazardous. 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 sState a_Air pPollution c-~_ontrol bBoard's Regulations for the Control and Abatement of Air Pollution:. Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; 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: Open burning shall be permissible only when environmental conditions are favorable. Chesterfield Fire & EMS, Fire and Safety Division will utilize the Virginia Department of Forestry Fire Readiness Level Rating System and the Virginia Department of Environmental Quality Air Quality Index rating system. Daily postings will be made Monday through Friday 8:30 a.m. to 5:00 p.m. on the Fire and Life Safety web site, www.co.chesterfield.va.us/publicsafety/fire/fandls. Open burning will be permissible when 0505:58033.1 000060 the Forest Fire Readiness Rating is Class I, II, or Ill and the Air Quality Index Rating is 100 or less. The Air Quality Index will be used only during the months of April, May, September, and October. 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: r~_.~ ~:~: ...... * b: ...... a by An oral ermit must be obtained from the Safety D~ws~on Chesterfield Fire ~ & EMS, Fire and Life · · . The pe~it may be obt~ned in person, or by telephone during no~al business ho~s Monday through Friday excluding holidays. The pe~t holder will be provided a pe~it number which the pe~it holder must maintain until the open b~ing is complete; and 2. The quantity of material to be burned does not exceed 320 cubic feet by volume and no more than 160 cubic feet is burned at any given time; and 3. The burning takes place on the premises of the private property which produced the trimmings; and The ............... burmng shall I~ occur a m~mmum of ~,,,, 500 feet from any occupied ~-..:~'~;~ structure, unless the occupants of such structure have ~ provided written permission for the burning to be conducted closer to the structure, ~ ~,,~a;~ ~ ~,~.~ ,-- *~- ........... , ................... e, ............... If the Chesterfield Ccunty Fire & EMS .t~pam,a~, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, ~c ..'nay direct t~at it may require the above cited distances to be increased; and 5. All fires must be at least 50 feet from any structure? ~ and ~-t4~gubsh~ The burning shall be conducted in accord with section F-403.7 and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the buming be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 7. r, ....... { ~-* *-~- , .... j ......... means of extlngulshln e fire s be readily available if it to prevent fire :~:'.:!~ :t~ tz from spreading; and The Chesterfield ~ Emergency Communications Center shall be notified before any fire is started and when the bum is completed. They shall be notified on the non-emergency number, which can be found in the telephone book; and ~ ,h~ ~: ....· ........v ......... In the event the fire department is dispatched to the 0505:58033.1 burn site and must extinguish the fire, the permit holder shall be liable for the costs associated with the response. Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield County Fire ]~gmCmem & EMS, Fire and Life Safety Division, provided the following conditions are met: 1. A written permit must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing bum. Applications shall be submitted to the Fire and Life Safety Division at least 15 days before the desired bum; and The Chesterfield Emergency Communications Center shall be notified before any fire is started and after the burn is completed. Notification shall be made to the ECC'c non- emergency number found in the telephone book; and 3. A copy of the burn permit shall be maintained at the site of the burn and shall be available for review at all times during the burn; and 4. All reasonable effort shall be made to minimize the amount of material burned_., ~v~. .......... : ................. ~ .......... The s~ze of the burn pile shall not exceed 25 feet in width by 25 feet in length by 15 feet in heigjat. There shall be no more than two piles of material burning at any time. The size of the pile and permitted number of piles may be altered at the discretion of the Code Official; and 5. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; and 6. The !zcat!zn of the burning shall be occur a minimum of 599 1,000 feet from any occupied b ....... ~, structure, unless the occupants of such structure have ~ provided written permission for the burning to be conducted closer to the structure, ot4q~ ...~.:~. ~t.~ ~..._;~: .... ~ ..... ~ If the Chesterfield ...... ~ Fire & EMS ]3epm:tme~, Fire and Life Safety Division determines that it is necessary to protect public health and welfare ........ y ~ ......... it may require the above cited distances to be increased; and ~7. The burning shall be conducted at .... e~ ............. v .......... a rmmmum of 250 feet from roadways and utility transmission lines, and 1,500 feet from -:.e,.-;','c.~,'g a.':~ air fields, health care facilities and schools; and 0505:58033.1 00006; 8. The burning shall be conducted to insure the best possible combustion with a minimum of smoke being produced; and ,,,.,~._~.: ..... ~ ~ .,,~i ..... ~ ~^~.~ ~,~: ..... .4 .... ~ The burning shall be conducted so that smoke and/or products of combustion will not negatively affect human health, cause damage to public property, private property, or otherwise become a public nuisance..; and 6 10. The burning shall be conducted in accordance with section F-403.7. The burning shall not be left unattended until the fire is extinguished and the possibility of fire spread is eliminated. The burning Burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and -7 11. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area:; and 12. A sign stating" Controlled Burning in Progress" shall be posted and visible to the public during the burning. The sign shall be at least 4 feet by 8 feet in size and lettering shall be a minimum of 10 inches in height and in contrasting colors. The sign shall be located in an area visible to the general public; and 13. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal; and 14. The use of special incineration devices shall be allowed subject to approval of the Fire and Life Safety Division. 15. In the event the fire department is dispatched to the bum site and must extinguish the fire, the permit holder shall be liable for costs associated with response. Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met: A written permit must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of bum site, proof of liability insurance for party performing burn; 0505:58033.1 8 000063 4-2. The burning shall take place on the promises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; The burning shall be ~ conducted in accordance with section F- 403.7 to ensure the best possible combustion with a minimum of smoke being produced. Under no cimumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 3 4. 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 bumed; 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 r, .... "Fire & EMS ti~-~pam,a~, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield C,~::nty Fire & EMS t~pm:tmom, Fire and Life Safety Division shall be notified of the days during which the burning will occur: 1 The use of special incineration devices shall be allowed subject to the approval of the Fire and Safety Division; and The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. 0505:58033.1 000064 B 0505:58033.1 10 00G065 Sections A through D above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device from June 1 through August 31 of any calendar year. F-403.7-6_. Attendance at Open Fires. Delete and substitute subsection F-403.7 as follows: Permitted fires shall be constantly attended by a responsible pe-r-so~ adult until they are extinguished. The attendee shall have fire-extinguishing equipment readily available for use as deemed necessary by the code official. F-403.9 7. Endangering Other Property. Add subsection F-403.9 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another. F-403.8. Revocation of Permits If any permit holder violates any provision of this ordinance or if an,/permit holder makes a material misrepresentation on a permit application, the Fire Marshal may require the extinguishment of the fire and the bum permit shall be subject to revocation; F-403.9. Fees. 1. There shall be no fees for the permit required by Section F-403.5(A) 2. Fees for permits required by section F-403.5(B), (C) and (D) shall be ......... $400.00 (2) That this ordinance shall become effective immediately upon adoption. 0505:58033.1 11 000066 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.A.6. Adoption of an Ordinance Establishing the Annual Tax Levy on Various Classes of Real Estate and Personal Property County Administrator's Comments: County Administrator: Board Action Requested: Adopt a Tax Rate Ordinance Establishing Tax Rates for Calendar Year 2003. Summary of Information: The Board held a public hearing on March 26, 2003 concerning the attached ordinance regarding annual tax levies. Tax Levies on all existing classes of property were advertised as follows: $1.07 for real estate; $3.60 for personal property; $1.00 for machinery and tools; $0.50 for airplanes; $0.96 for personal property for volunteer firefighters, rescue squads, and auxiliary members; $0.01 for wild and exotic animals; $3.24 for vehicles using clean and special fuels; and $0.96 for personal property class for vehicle trailers and semi-trailers with a gross weight of 10,000 pounds or more. The FY2004 budget was prepared at a $1.07 real estate tax rate. Preparer: RebeccaT. Dickson Title: Director, Bud.qet and Manaqement Attachments: Yes AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 2002 2003, and ending on the thirty-first day of December, 2002 2003, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.07 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9- 57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. 000068 Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $!.08 1.07 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. 000069 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subject: Adoption of the FY2004-2010 Capital County Administrator's Comments: County Administrator: Item Number: 8.A.7. Improvement Program (CIP) Board Action Requested: Adopt the FY2004-2010 Capital Improvement Program Summary of Information: The County Charter requires that the CIP be adopted by May 1. Staff recommends that the CIP be adopted at this meeting. Following the work session, staff will incorporate any requested revisions into the adopted document. Preparer: RebeccaT. Dickson Title: Director, Budqet & Management Attachments: -~ Yes No # 000070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Adoption of the FY2004 HOME Annual Plan County Administrator's Comments: County Administrator: _ Item Number: 8.A.8. Community Development Block Grant (CDBG) and Board Action Requested: Adopt the FY2004 Community Development Block Grant and HOME Annual Plan Summary of Information: The proposed FY2004 CDBG and HOME spending plans total $2,050,532 comprised of $1,512,532 in new CDBG allotments, $532,304 in new HOME allotments, and $5,696 in Reprogrammed HOME funds. The County's Community Development Block Grant and HOME Annual Plan for FY2004 is required to be submitted to the U.S. Department of Housing and Urban Development by May 15, 2003. The submission must follow a required public hearing by the Board of Supervisors, which was held on March 26, 2003. A Review Committee has made its recommendation to the County Administrator regarding the FY2004 CDBG and HOME funding. Following the work session, staff will incorporate requested revisions into the adopted plan. Preparer: RebeccaT. Dickson Title: Director, Budqet & Manaqement Attachments: [Yes No ~O00971 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.A.9. Subiect: Adoption of the FY2003-2004 Biennial Financial Plan County Administrator's Comments= /~.~,~R'~ ,,~/~r~ ~ /~ County Administrator: ~ Board Action Requested: Adopt the FY2003-2004 Biennial Financial Plan Summary of Information: The County Charter requires that the Budget be adopted by May 1. Staff recommends that the Budget be adopted at this meeting. Following the work session, staff will incorporate requested revisions into the adopted document. Preparer: Rebecca T. Dickson Title: Director, Budget & Management r~Yes oo007; Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Adoption of a Resolution to Appropriate Funds County Administrator's Comments: County Administrator: Item Number: 8.A.10. for Fiscal Year 2003-2004 Board Action Requested: Adopt the attached Appropriations Resolution Summary of Information: The County Charter requires passage of an appropriations resolution to authorize the expenditure of funds for fiscal year 2003-2004. The attached appropriations resolution details the allocation of funds consistent with the proposed budget. Changes approved by the Board at the work session will be incorporated into the adopted resolution. As in FY2003, the resolution will withhold $4.5 million of local funding for schools from the appropriation. The County Administrator will be authorized to transfer $1.5 million to the School Fund at three specified times during the fiscal year contingent upon funds availability, thereby increasing the appropriation for schools to the total approved amount. This policy allows for the flexibility to adjust the School appropriation in the event of unanticipated circumstances. In order to comply with GASB 34 accounting requirements, the appropriations resolution for the county and school capital project funds reflects reallocating $2.0276 million from schools capital projects to the county capital projects fund for the new financial system in order to account for the debt in one fund. Preparer: Rebecca T. Dickson Title: Director1 Budget & Management Attachments: Yes r~-i No APPENDIX H APPROPRIATIONS RESOLUTION A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2004 FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July, 2003, and ending on the thirtieth day of June, 2004, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and to provide a capital improvements program for the County: It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2003 and due December 5, 2003 be appropriated for FY2004. General Fund Estimated Revenue: From Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines, Forfeitures and Uses of Money & Property Service Charges Miscellaneous and Recovered Costs FY04 Proposed $249,166,100 75,540,700 8,694,100 4,617,400 20,905,700 9,045,400 From Other Agencies: State and Federal 109,623,100 Other Financing Sources: Reserves Transfer from County Capital Projects Transfer from Water Operating Fund Anticipated Fund Balance 7/1/03 Total Revenues 9,129,600 617,000 1,214,500 36,604,300 $525,157,900 Appropriations: General Government Administration of Justice Public Safety Public Works Health and Welfare Parks, Rec., Cultural Community Development Debt Service Operating Transfers Reserves Ending Fund Balance, 6/30/2004* Total General Fund: $31,871,800 5,753,800 99,860,000 14,600,300 42,594,30O 16,459,000 10,925,700 13,830,500 251,677,600 980,600 36,604,300 $525,157,900 *This includes encumbrances carried forward in all funds not to exceed $10 million. (See "Section 5") OOOff74 APPENDIX H APPROPRIATIONS RESOLUTION Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights State Aid, Comprehensive Services State, Miscellaneous Transfer from Social Services Transfer from Schools Transfer from General Fund Total Revenue Appropriations: Operating Expenses Total Appropriations School Operating Fund Estimated Revenue: Local Sources State Federal Transfer from School CIP Use of Reserve Transfer from School Operating Transfer from School Food Service Transfer from General Fund: State Sales Tax Local Taxes Prior Year Revenue Grounds Maintenance Total General Fund Beginning Balance Total Revenues, Transfers & Reserves Appropriations: Instruction Administration A./H. Pupil Transportation Operations & Maintenance Debt Service Food Service Grounds Maintenance Total Appropriations School Capital Projects Fund Estimated Revenue: Bond Proceeds $186,300 3,399,200 120,000 445,200 883,500 999,600 $6,033,800 $6~033r800 $6,033,800 $15,473,500 153,214,900 20,449,700 620,900 308,200 600,800 552,600 35,155,400 184,893,700 2,998,000 ¥502~400 $224,549,500 1,365,000 $417,135,100 $289,178,316 15,199,982 14,978,381 41,926,421 39,384,800 14,964,800 ¥502f400 $417,135,100 $14,341,600 0009?5 Appropriations: Coun _ty Grants Fund: Estimated Revenue: Appropriations: County CIP Fund APPENDIX H APPROPRIATIONS RESOLUTION Interest Earnings State Construction Allocation Total Revenue School Capital Projects Fund Transfer to School Operating Fund School Projects Total Appropriations School Capital Projects Fund From Other Governments From the General Fund Total Revenue Commonwealth Attorney - Drug Court Community Corrections Services Domestic Violence Resource Center Options Pretrial Post Trial Targeted Capacity Expansion Grant Community Development Block Grant Domestic Violence Victim Advocate (V-STOP) Families First Fire FEMA Turnout Gear Litter Grant Police Domestic Violence Coordinator Police - Domestic Violence Prosecutor Police - School Resource Officers USDA Juvenile Detention Grant Victim/Witness Assistance VJCCCA Total Appropriations 620,900 793r000 $15,755,500 $620,900 15,134,600 $15,755,500 $5,913,000 lr359t200 $7,272,200 502,000 74,000 61,500 32Z400 1,546,400 299,800 2,050,500 42,800 346,300 77,500 27,200 48,500 76,800 46,600 40,000 359,700 1,345r200 $~272,200 Estimated Revenue: Lease/Purchase Proceeds Interest Earnings Transfer from General Fund Transfer from Utilities Transfer from Cash Proffers State Grants/Reimbursements Total Revenue 37,548,200 617,000 11,101,900 2,070,000 348,600 6f671~700 $58,357,400 000076 Appropriations: APPENDIX H APPROPRIATIONS RESOLUTION County Capital Projects Transfer to the General Fund Total County CIP Funds County Maintenance Projects Fund Estimated Revenue: Transfer from General fund Total Revenue County Maintenance Projects Total County Maintenance Projects Appropriations: Cash Proffer Fund Estimated Revenue: Appropriations: Cash Proffers Total Revenues Reimbursement Transfer to County Capital Projects Fund Total Appropriations Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges Radio Shop Charges Total Revenue Appropriations: Fleet Management Charges Radio Shop Charges Total Appropriations Construction Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Appropriations: Construction Management Operations Total Appropriations Risk Management Fund Estimated Revenue: Operating Revenues Interest Earnings Beginning Retained Earnings Total Revenue 000077 $57,740,400 617,000 $58,357,400 $1,750,000 $1,750,000 $1,750~000 $1,750,000 $518,600 $518,600 $170,000 $348,600 $518,600 $8,895,500 1,393,000 $10,28~500 $8,895,500 lf393,000 $10,28~500 $514,600 $51~600 $514,600 $51~600 $3,778,300 200,000 3,279,500 $7,257,800 APPENDIX H APPROPRIATIONS RESOLUTION Appropriations: Airport Fund Estimated Revenue: Appropriations: Risk Management Operations Ending Retained Earnings Total Appropriations Operating Revenue Total Revenue Airport Operations Total Appropriations $3,952,500 3,305,300 $7,257,800 $491,200 $491,200 $491,200 $49~200 Utilities Fund Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Other Revenue Anticipated Future Revenue Total Revenue Appropriations: Operations Debt Service Transfer to Cotmty Capital Projects Transfer to Capital Projects Payment in Lieu of Taxes Transfer to Water Improvement Replacement Fund Total Appropriations Utilities Capital Project Funds Estimated Revenue: Transfer from Water/Wastewater Operating Fund Anticipated Future Revenues Total Revenue Appropriations: Capital Projects Total Appropriations $43,398,OOO 11,551,000 1,214,500 L364,300 3,549,100 $6~076,900 $35,834,800 L891,400 70,000 21,702,000 1,214,500 364,200 $6~076,900 $18,152,900 3,549,100 $21,702,000 $21,702,000 $2L70ZO00 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. O0 0 0~ APPENDIX H APPROPRIATIONS RESOLUTION Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 15, 16, 17, 18, 19 and 21, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $20,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $20,000. Sec. 4 Sec. 5 Sec. 6 The County Administrator may increase appropriations for the following non-budgeted revenue items that may occur during the fiscal year: a) Insurance recoveries received for damage to any County property, including vehicles, for which County funds have been expended to make repairs. b) Refunds or reimbursements made to the County for which the County has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $20,000. All outstanding encumbrances, both operating and capital in all county funds up to $10 million, at June 30, 2003 shall be an amendment to the adopted budget and shall be reappropriated to the 2003-2004 fiscal year to the same department and account for which they were encumbered in the previous year. a) At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than: Capital Projects, general fund transfers for capital projects and grants, District Improvement Funds, construction reserve for capital projects, reserves, refunds for off-site and oversized water and wastewater facilities, grants, cash proffers, Economic Development Incentive funds, actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center, Public Safety Career Development Reserve and donations restricted to specific purposes, including donations made by citizens and citizen groups in support of County programs. b) With adopfion of this resolution all transient occupancy tax revenue received and related expenditures prior to June 30, 2003 are hereby reappropriated. c) With adoption of this resolution all monies reserved for career development for public safety departments prior to June 30, 2003 are hereby reappropriated. d) With adoption of this resolution all monies reserved for District Improvement Funds prior to June 30, 2003 are hereby reappropriated. e) With adoption of this resolution all monies reserved for the County and School's Reserve for Future Capital Projects prior to June 30, 2003 are hereby reappropriated. f) With adoption of this resolution all grant program income received prior to June 30, 2003 is hereby reappropriated. Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriations until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. The County Administrator may approve necessary accounting transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining balances to the funding source. This section applies to all existing appropriations for Capital Projects at 000079 Sec. 7 Sec. 8 Sec. 9 Sec. 10 Sec. ll Sec. 12 Sec. 13 Sec. 14 Sec. 15 APPENDIX H APPROPRIATIONS RESOLUTION June 30, 2003 and appropriations in the 2003-2004 budget. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceed 10% of the original contract amount (or 20% if the contract is for less than $500,000). The County Administrator may authorize the transfer of Utilities Capital Projects funds that are 20% or up to $100,000 of the original project cost, whichever is less, from any Utilities Capital Project to any other Utilities Capital Project. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve transfer of excess funds to the funding source upon completion of the project. The approval by the Board of Supervisors to request and accept any grant of funds to the County constitutes the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. The appropriation of grant funds will not lapse at the end of the fiscal year, but shall remain appropriated until completion of the grant or until the Board of Supervisors changes or eliminates the appropriation. The County Administrator may reduce any grant appropriation to the level approved by the granting agency during the fiscal year. The County Administrator may approve necessary accounting transfers between funds to enable the grant to be accounted for correctly. All transfers to grant funds from operating funds are automatically carried over and reappropriated, unless the grant is completed and is to be closed out at June 30. Upon completion of a grant project, County Administrator is authorized to close the grant and transfer back to the funding source any remaining balances. The County Administrator is authorized to reprogram Community Development Block Grant Funds by closing program centers and transferrring funding to newly approved programs based on adoption by the Board of Supervisors. This applies to appropriations for grants outstanding at June 30, 2003 and appropriations in the 2003-2004 budget. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. The County Administrator may adjust items among appropriation categories in order to address state/federal reductions. The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. The Treasurer may advance monies to and from the various funds of the County to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $20,000 for supplemental retirement, Worker's Compensation, healthcare for retirees, costs related to other compensation issues, and/or any amount of Insurance Reserve funds consistent with the County's Risk Management program to departments, as needed. The portion of the reserve for capital projects related to the school budget will be added to the reserve for future capital projects in the general fund; and will be designated for school projects. The County Administrator may appropriate revenues and increase expenditures in excess of $20,000 for funds received by the County from asset forfeitures for operating expenditures directly related to drug Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 Sec. 21 Sec. 22 Sec. 23 APPENDIX H APPROPRIATIONS RESOLUTION enforcement. This applies to funds currently on-hand at June 30, 2003, and ali funds received in the 2003- 2004 budget year. The outstanding balance of these funds at June 30, 2003 or June 30, 2004 shall not lapse but be carried forward into the next fiscal year. The County Administrator may increase the general fund appropriation in the School Operating Fund, contingent upon availability of funds and taking into consideration any other expenditures which may have occurred, based on the following schedule: a) Increase general fund transfer / appropriation on December 15 by $1,500,000. b) Increase general fund transfer/appropriation on February 15 by $1,500,000. c) Increase general fund transfer/appropriation on April 15 by $1,500,000. Subsequent to all audit adjustments, the County Administrator may increase appropriations or authorize transfers of existing appropriations at June 30. This includes the authority to designate all available FY2003 operating funds to the general fund Reserve for Capital Projects or for subsequent years appropriations, assuming ending general fund balance is maintained at a minium of 7.5% of general fund expenditures. The County Administrator is authorized to reallocate ftmding sources for Capital Projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties. This authority would include the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific Capital Projects will not be increased beyond the level authorized by Sections 3 and 4. This applies to funds currently on-hand in FY2003, and all hands received in the 2003-2004 budget year. The County Administrator is authorized to transfer among appropriation categories any amount of funds associated with implementation of the Comprehensive Services Act for at-risk youth and families and funding associated with the implementation of the VJCCCA Grant to record transactions. Salaries for Planning Commissioners will be increased equivalent to the increase given to all County employees. Effective upon adoption of this resolution, the County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. Beginning with the FY97 budget and effective upon adoption of this resolution, the Utilities Department rate stabilization reserve shall be created and maintained as per guidelines outlined below: a) b) c) a) The minimum annual contribution to the reserve will be 50% of the previous year's depreciation on fixed assets. The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated depreciation. The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 23 a, Sec. 23 b, and Sec. 23 c. Upon adoption of this resolution, the School Board and/or the School Superintendent may make Sec. 24 Sec. 25 APPENDIX H APPROPRIATIONS RESOLUTION expenditure changes within the school appropriations as follows: a) Transfers of $20,000 or less are subject to the approval of the Superintendent. b) Transfers of $20,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. The County Administrator is authorized to reclassify budgeted revenues, as appropriate, to reflect implementation of the State's Personal Property Tax Relief Act. This applies to ftmds currently on-hand in FY2003, and all funds received in the 2003-2004 budget year. The County Administrator is authorized to reduce the current year departmental budget appropriation by the same dollar amount of the prior year overspending inclusive of encumbrances carried forward. O000S; CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: Subiect: April 9, 2003 Item Number: 8.B.1. Nomination/Reappointment to the Camp Baker Management Board County Administrator's Comments: County Administrator: ~ Board Action Requested: Nominate/reappoint three members to serve on the Camp Baker Management Board. Summary of Information: The Camp Baker Management Board has the responsibility of overseeing and monitoring the operation of Camp Baker. The positions representing the Midlothian District has expired. Mr. Alfred Elko has been a supporter of Camp Baker services for a number of years and is willing to serve a three-year term on the Camp Baker Management Board, if reappointed. Mr. Barber concurs with the reappointment of Mr. Elko. The Chester Civitan Club representative position has expired. Mr. william Collie has been a long-time supporter of Camp Baker services for many years and is willing to serve a two-year term on the Camp Baker Management Board, if reappointed. The Board of Supervisors concurs with the reappointment of Mr. Collie as well. The Camp Baker Management Board would like to nominate Mr. Larry Hatton as an at-large member. Mr. Hatton has been a long-time supporter of Camp Baker services for many years and is willing to serve a three-year term on the Camp Baker Management Board, if appointed. The Board of Supervisors concurs with the appointment of Mr. Hatton. Preparer: Geor.qe E. Braunstein Title: Executive Director Chesterfield Community Services Board Attachments: [~Yes No 000083 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (continued) Name Mr. Alfred Elko 9429 Beckham Drive Richmond, VA 23235 Representinq Midlothian Magisterial District Action Requested Reappoint Mr. william Collie 3900 Wood Dale Road Chester, VA 23831 Chester Civitan Club Reappoint Mr. Lawrence Hatton 3213 Brook Road Richmond, VA 23227 At-Large Appoint The Camp Baker Management Board concurs with the reappointments of Mr. Elko. The term would be effective May 1, 2003, and will expire on April 30, 2006. The Camp Baker Management Board concurs with the Collie. The term would be effective May 1, 2003, 30, 2006. reappointment of Mr. and will expire on April The Camp Baker Management Board concurs with the appointment of Mr. Hatton. The term would be effective May 1, 2003, and will expire on April 30, 2006. Under the existing Rules of Procedure, appointments to board and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. 000084 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: April 9, 2003 Item Number: 8.B.2. Subiect: Nomination/Appointment to the Drug and Alcohol Abuse Task Force County Administrator's Comments: County Administrator: ~ Board Action Requested: Nominate/appoint a member to serve on the Drug and Alcohol Abuse Task Force. Summary of Information: The purpose of the Drug and Alcohol Abuse Task Force is to study the nature and extent of substance abuse within the County and to make recommendations to the Board of Supervisors to prevent or eliminate such problems. The terms of Task Force members are at the pleasure of the board. Supervisor Humphrey has recommended that Mr. Howard Warren, Sr. be appointed representing the Matoaca District. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Preparer: Jana D. Carter Title: Director, Youth Services Attachments: [-~ Yes No 000065 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.B.3. Nominations/Appointments to the Disability Services Board County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to reappoint/appoint members to serve on the Disability Services Board. Summary of Information: The purpose of the Chesterfield Disability Services Board is to provide input to County agencies on service needs and priorities of persons with physical and sensory disabilities; to provide information and resource referral to local government regarding the Americans with Disabilities Act; and to provide such other assistance and advice to local government as may be requested. The Board will not provide direct services nor employ service delivery staff. Continued on next page. Preparer: Jane H. Lanham Title: Interaqency Services Administrator Attachments: Ycs ----j No 4/000086 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The Clover Hill, Matoaca, and Midlothian Districts are currently in need of additional members on the DSB. The DSB would like to have Rev. Charles Jackson appointed to represent the board as an At-large member. This vacancy term is from 1/01/03 to 12/31/05. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. The Board of Supervisors concurs with these appointments. 000087 APPLICATION FOR APPOINTMENT TO CHESTERFIELD DISABILITIES SERVICES BOARD HOME ADDRESS: /2 [ /~ '~:~.~ ~, '~..~ ~.~,g~ . ~ Q~A[~ICnTIONS: :~a~ physical a~dlorlse~so~ disabili~ :~ ~amily member has physical and/or se~so~ :' ' Disakili~ ~ ~epresematiw o~ b~siness community. ~ Advocacy experiences. WO~ ~LEPHONE: (~~ FAX: CP: no ss: 79 Wh~ are yon interested in ~e~ing on the Cheste~eld Di~abilitie~ Se~iee~ Board What special interests or qualifications would you like the Board of Supervisors to know abgut you in considerin~g your ~nomin~ation for appointment? / __comcast, __~y~, ~d (~ecify~ ~c~ '[~ -- I commit to aaend regularly meetings and tofu~l the responsibilities of the Boar~ Term of office will be for three (3) years and members may se~e ~o subsequent terms. Please send this form to: i ; , CDSB, Rm. 500; Chesterfield ~ounty, Human Servig~s Administration; P. O. Box 40; Chesterfield, VA 23832. (804) 748-1307, or Jane Himmelman, if unspecified. 000088 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Resolution Recognizing John M. County Administrator's Comments: County Administrator: Item Number: 8.C.l.a. Bragg, Jr. Upon His Retirement Board Action Requested: Adoption of Resolution. Summary of Information: Staff requests the Board adopt the attached resolution recognizing Mr. M. Bragg, Jr. for 16 years of service to Chesterfield County. John Preparer: Craig S. Bryant Title: Attachments: Director of Utilities RECOGNIZING MR. JOHN M. BRAGG, JR. UPON HIS RETIREMENT WHEREAS, Mr. John M. Bragg, Jr. will retire from Chesterfield County's Department of Utilities on May 1, 2003; and WHEREAS, Mr. Bragg has faithfully served Chesterfield County for sixteen years; and WHEREAS, by providing quality public service, Mr. Bragg has symbolized the type of employee Chesterfield County seeks; and WHEREAS, Mr. Bragg has been instrumental in developing numerous programs to enhance customer service, including soliciting customer feedback on the quality of service; alerting customers when they will receive unusually high water/wastewater bills; the companion meter program; and cross training of staff; and WHEREAS, Mr. Bragg was involved in implementing the automated Customer Billing and Information System and has been responsible for maintaining and updating the rate model to assure appropriate user charges and connection fees to fund departmental operations, maintenance and capital improvements; and WHEREAS, Mr. Bragg was the guiding force in developing the Rate Stabilization Reserve to assure sufficient funds for future replacement of infrastructure with minimum rate impact; and WHEREAS, under Mr. Bragg's guidance, procedures and policies were developed which streamlined the budget process, reduced write-offs, and enhanced revenue collection and financial accounting and control; and WHEREAS, Mr. Bragg played an integral role in negotiating the water and wastewater contracts with the City of Richmond which provide capacity for continued economic development within the county; and WHEREAS, as a result of his efforts the Utilities Department is only the second public water and wastewater utility in the nation to receive a triple A bond rating from three agencies resulting in a significant reduction in debt service; and WHEREAS, Mr. Bragg's skills in financial management have resulted in user charges among the lowest in the state. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. John M. Bragg, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. OOOO90 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 9, 2003 Subiect: Resolution Declaring April Telecommunications Week" 13-19, 2003, Item Number: 8.C.l.b. as "National Public Safety County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Preparer: Barbara H. Mayfield Title: Director Attachments: RECOGNIZING APRIL 13-19, 2003, AS ~NATIONAL PUBLIC SAFETY TELECOMI~JNICATIONS WEEK" WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and emergency medical personnel is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers, firefighters and emergency medical personnel is dependent upon the quality and accuracy of information obtained from citizens who telephone the Chesterfield Emergency Communications Center; and WHEREAS, Emergency Communications Officers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Emergency Communications Officers are the single vital link for our police officers, firefighters and emergency medical personnel by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Emergency Communications Officers of the Chesterfield Emergency Communications Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each Emergency Communications Officer has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9th day of April 2003, recognizes the week of April 13- 19, 2003 as ~National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. 000092 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: April 9, 2003 Item Number: 8.C.l.c. Recognizing Mr. Jonathan Edward Lowman, Mr. Matthew Benjamin Welton and Mr. Michael Dean Welton Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions. Summary of Information: Staff has received a request for the Board to adopt resolutions recognizing Mr. Jonathan Edward Lowman, Mr. Matthew Benjamin Welton and Mr. Michael Dean Welton, all of Troop 874, upon attaining the rank of Eagle Scout. Preparer: Lisa Elko Title: Clerk to the Board Attachments: Yes ~-~ No RECOGNIZING MR. JONATHAN EDWARD LOWMAN 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. Jonathan Edward Lowman, Troop 874, sponsored by Saint Luke's United Methodist 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, Jonathan 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 9th day of April 2003, publicly recognizes Mr. Jonathan Edward Lowman, 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. RECOGNIZING MR. MATTHEW BENJAMIN WELTON 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. Matthew Benjamin Welton, Troop 874, sponsored by Saint Luke's United Methodist 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, Matthew has distinquished 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 9th day of April 2003, recognizes Mr. Matthew Benjamin Welton, 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. OOO095 RECOGNIZING MR. MICHAEL DEAN WELTON 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. Michael Dean Welton, Troop 874, sponsored by Saint Luke's United Methodist 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, Michael 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 9th day of April 2003, recognizes Mr. Michael Dean Welton, 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. 000096 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: April 9, 2003 Subiect: Approval of Renaming Building Item Number: 8.C.1.d. the Wagner Building to the Smith-Wagner County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to rename the Wagner Building to the Smith-Wagner Building after Jean T. Smith, former Director of the Social Services Department of Chesterfield County. Summary of Information: Jean T. Smith served the citizens of Chesterfield County, the City of Colonial Heights, and the Commonwealth of Virginia for 39 years through her dedicated service with the Chesterfield/Colonial Heights Department of Social Services. Preparer: Bradford S. Hammer Yes ~-~ No Attachments: Title: Deputy County Administrator RECOGNIZING THE LATE JEAN T. SMITH BY RENAMING THE WAGNER BUILDING TO THE SMITH-WAGNER BUILDING WHEREAS, the late Jean T. Smith served the citizens of Chesterfield County, the City of Colonial Heights, and the Commonwealth of Virginia for 39 years through her dedicated service with the Chesterfield/Colonial Heights Department of Social Services; and WHEREAS, Ms. Smith served the department in capacities from Social Worker to Director and demonstrated throughout her career her strong commitment for quality services on behalf of families and children; and WHEREAS, Ms. Smith set no higher work standard than the one she set for herself, exhibited the best of professional qualities and valued her staff; and WHEREAS, Ms. Smith was known for her friendly smile, distinctive laugh, generous spirit, positive thinking and sincere dedication, and her treatment of others left a legacy for us to follow; and WHEREAS, Ms. Smith facilitated cooperative efforts with county agencies to support new and innovative programs; was actively involved in furthering metropolitan and regional efforts; and exhibited in countless ways a community vision for services; and WHEREAS, in her capacity as Social Services Director, Ms. Smith set the departmental standard for customer service and was instrumental in laying the foundation for the development of the vision, mission, goals and objectives of the department; and WHEREAS, Ms. Smith was actively involved in the planning and development of the Wagner Building; was a strong team player with other county agencies; and worked diligently to assure the building would meet the needs of the customers and staff. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby honors the memory of the late Jean T. Smith, who will always be a part of the very fabric of the Chesterfield/Colonial Heights Department of Social Services, by renaming the Wagner Building to the Smith-Wagner Building. 000098 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: Ar~ril 9, 2003 Resolution Regarding Bonds Authority (RRJA) County Administrator's Comments: County Administrator: Item Number: 8.C.l.e. to be Issued by the Riverside Regional Jail Board Action Requested: Approve the attached resolution. Summary of Information: To take advantage of current market Riverside Regional Jail Authority to issued in 1995 and 1997. In addition, in new bonds to allow for expansion of the currently exceed design capacity. rates it may be desirable for the refinance all or a portion of bonds RRJA plans to issue up to $10,000,000 facility, because inmate counts The attached resolution authorizes the issuance of the additional bonds, authorizes the county to enter a continuing disclosure agreement for providing financial and other information to RRJA, and authorizes the county to provide information for the preliminary official statement. A final decision on proceeding on the refunding will depend on market rates and the amount of projected savings. Though the market has moved erratically in recent weeks, rates that could generate present value savings in the 5.5% range have been available. This would be the equivalent of about $2,000,000 in savings to RRJA and the member jurisdictions. Preparer: James J.L. Ste,qmaier Title: Deputy County Administrator Attachments: Yes [~] No 00009t RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, REGARDING BONDS TO BE ISSUED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY The County of Chesterfield, Virginia (the "County"), is a member of the Riverside Regional Jail Authority (the "Authority"). The Authority has issued its $94,770,000 Jail Facility Revenue Bonds, Series 1995, and its up to $5,000,000 Jail Facility Revenue Bond, Series 1997 (together, the "Prior Bonds"), to finance or refinance the Authority's regional jail facilities (the "Project") and related financing, credit and reserve costs. To take advantage of current low interest rates in the capital markets, it may now be desirable for the Authority to refinance all or a portion of the Prior Bonds. The Authority may also deem it to be desirable to finance certain additional improvements at the Project, including an addition to the Pre-Release Center (the "New Improvements"). To refinance some or all of the Prior Bonds and to finance the New Improvements and related financing, credit and reserve costs, the Authority may determine to issue its Jail Facility Revenue Refunding Bonds, Series 2003 (the "Bonds"). The portion of the Bonds allocable to the New Improvements (the "New Improvements Portion") may exceed an amount equal to 25% of the Authority's operating budget for the Authority's current fiscal year. Since the Prior Bonds were issued, Rule 15c2-12 (the "Rule"), as promulgated by the Securities and Exchange Commission under Securities Exchange Act of 1934, as amended, has become effective. The Rule requires the underwriters for publicly-sold obligations, such as the Bonds, to obtain written undertakings from certain obligated persons, within the meaning of the Rule, to provide certain financial data and information to certain entities from time-to-time. The County, in its role as a member jurisdiction of the Authority, may be an obligated person for the purposes of the Rule and, therefore, has been asked to enter into an agreexnent to provide the financial data and information required by the Rule. Such an agreement may be in a form similar to the draft of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") presented to this meeting of the Board of Supervisors of the County of Chesterfield, Virginia (the "Board of Supervisors"). Further, as a member of the Authority, the County may be asked to provide certain information, including its audited financial statements, to the Authority for inclusion in an offering document to be circulated to investors in connection with the offering and issuance of the Bonds (the "Preliminary Official Statement"). Since cost savings to the Authority will create the opportunity for cost savings to the County, the Board of Supervisors is willing to enter into the Continuing Disclosure Agreement and to provide the information for the Preliminary Official Statement. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Chesterfield, Virginia: 1. Authorization of Additional Bonds. Since the New Improvements Portion may exceed an amount equal to 25% of the Authority's operating budget for the Authority's current fiscal year, the Authority has asked the Board of Supervisors to approve the issuance of the New Improvements Portion of the Bonds. The Board of Supervisors approves the issuance of the OOOiO0 New Improvements Portion of the Bonds, so long as the principal mount of the New Improvements Portion of the Bonds does not exceed $10,000,000, the true interest cost on the Bonds does not exceed 7.00% and the final maturity of the New Improvements Portion of the Bonds does not exceed 30 years from the issuance date of the Bonds. 2. Authorization of Continuing Disclosure Agreement. The Continuing Disclosure Agreement, in substantially the form provided to the Board of Supervisors, is approved. The listing of information to be provided by the County annually will be set forth in the Continuing Disclosm'e Agreement, as indicated by Section 2(a)(ii) in the form of the Continuing Disclosure Agreement provided to the Board of Supervisors. That section will be completed showing the information required to be updated annually. Although it is not yet known which information will be required, the information will be largely of the type shown in the County's Comprehensive Annual Financial Report and will not be more than the information the County has agreed to provide on other similar undertakings by the County in connection with its own general obligation debt obligations. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator, any of whom may act, are each authorized to execute and deliver the Continuing Disclosure Agreement to the underwriters of the Bonds with such changes, insertions or omissions (including the insertion of the information required to be updated annually, as described in the prior paragraph) as may be approved by any of them, whose approval will be evidenced conclusively by the execution and delivery thereof. The Clerk of the Board of Supervisors is further authorized to affix and attest the seal of the County to the Continuing Disclosure Agreement, should that be requested by another party. 3. Authorization of Information for Preliminary Official Statement and Official Statement. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator are each authorized and directed to work with the Authority to provide information with respect to the County, including its audited financial statements, that will be appropriate for inclusion in the Preliminary Official Statement. Although it is not yet known which information will be required, the information will be largely of the type shown in the County's Comprehensive Annual Financial Report and will not be more than the information the County has agreed to provide in other similar offering documents of the County in connection with its own general obligation debt obligations. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator are each authorized and directed to provide information with respect to the County, including its audited financial statements, for inclusion in the final Official Statement with respect to the Bonds, which information will be substantially similar to the information in the Preliminary Official Statement, with revisions necessary since the date of the Preliminary Official Statement and such related matters as may be necessary or appropriate to incorporate therein. The underwriters of the Bonds are authorized to include the information provided by the County in accordance with this Section, including the County's audited financial statements, in the Preliminary Official Statement and Official Statement distributed in connection with the offering and issuance of the Bonds. 4. Approval of Other Instruments. The Chairman and Vice Chairman of the Board of Supervisors and the County Administrator are each amhorized and directed to execute and deliver on behalf of the County, and, if requested by another party, they are authorized to 2 O00101 affix and attest the seal of the County, to such other instruments, documents or certificates, and to do and perfoim such things and acts, as they deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds or the Continuing Disclosure Agreement. All of the foregoing, previously done or performed by such officers of the County, are in all respects approved, ratified and confirmed. 5. Effective Date. This Resolution shall take effect immediately upon its adoption. Adopted: ,2003 3 OO0 -OZ Steve Mi~as CONTINUING DISCLOSURE AGREEMENT This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the County of Chesterfield, Virginia (the "County"), in connection with the issuance by the Riverside Regional Jail Authority (the "Authority") of its $ Jail Facility Revenue Refunding Bonds, Series 2003 (the "Bonds"). The County is one of member jurisdictions of the Authority. The County hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the County for the benefit of the holders of the Bonds and in order to assist the underwriters initially purchasing the Bonds (the "Underwriters") in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as the same may be amended from time to time, by providing certain annual financial information (the "Continuing Disclosure"). Section 2. Annual l)iselosure. (a) The County shall provide, or cause to be provided through a dissemination agent appointed by the County (the "Dissemination Agent"), annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule, as follows: (i) Audited financial statements of the County, prepared in accordance with generally accepted accounting principles (GAAP); and (ii) The operating data with respect to the County set forth in the Authority's Official Statement for the Bonds dated , 2003, in the section entitled "[FY1 -- the operating data to be included in this subsection will be no more than the operating data that the County would include in a similar agreement covering its own bond issues.] If the financial statements filed pursuant to subsection (a)(i) above are not audited, the County shall file such statements as audited when available. (b) The County shall provide, or cause to be provided through a Dissemination Agent, annually the financial information and operating data described in subsection (a) above (the "Annual Disclosure") by April 1 of each year, reflecting the financial information and operating data for the County as of the end of the County's preceding fiscal year. The first such report shall be due by April 1, 2004, for the fiscal year ending June 30, 2003. Each such report shall be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository, if any then exists ("SID'). (c) Any portion of the Annual Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the SID or filed with the SEC; tvrovided, that any final official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). I 000103 Steve M cas - MK R vers de Chested eld County Continuing D~sclosure Agreement(v1). Page 2 (d) The County shall provide, or cause to be provided through a Dissemination Agent, in a timely manner to each NRMSIR or the MSRB and to the SID notice specifying any failure of the County to provide the Annual Disclosure by the date specified. Section 3. Termination. The covenants and obligations of the County specified in Section 2 will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. Section 4. Amendment. The County reserves the right to modify its obligations contained in Section 2 without the consent of bondholders; provided, that such modification complies with the Rule as it exists at the time of modification. The County shall within a reasonable time thereafter send to each NRMSIR and the SID a description of such modification(s). Section 5. Defaults. (a) If the County fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, the Authority and any holder (within the meaning of the Rule) of Bonds then outstanding may, by notice to the County, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the County's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the County to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the documents providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 5(a) above. Section 6. Additional Disclosure. The County may from tilne to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the County shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 7. Beneficiaries. This Agreement shall inure solely to the benefit of the County, the Authority, the Underwriters and the holders from time to time of the Bonds, and shall create no rights in any other person or entity. Section 8. Governing Law. This Disclosure Agreement will be construed and enforced in accordance with the laxvs of the Commonwealth of Virginia. Dated: _, 2003. COUNTY OF CHESTERFIELD, VIRGINIA By_ Name: Title: 000±04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subject: Resolution Recognizing Mr. to Chesterfield County Item Number: 8.C.1.f. Donald A. Jones for His Contributions County Administrator's Comments: County Administrator: Board Action Requested: Adoption of Resolution. Summary of Information: Staff requests the Board adopt the attached resolution recognizing Mr. A. Jones for his contributions to Chesterfield County. Donald Preparer: Lisa Elko Title: Clerk to the Board Attachments: Yes ~ No RECOGNIZING MR. DONALD A. JONES FOR HIS CONTRIBUTIONS TO CHESTERFIELD COUNTY WHEREAS, Mr. Donald A. Jones is completing his successful tenure as Executive Vice President and Chief Operating Officer of the YMCA of Greater Richmond; and WHEREAS, Mr. Jones has been instrumental in building strong kids, strong families and strong communities through his leadership on behalf of the YMCA for over 18 years; and WHEREAS, Mr. Jones delivered inspiring leadership as Chair of Communities In Schools of Chesterfield from 1998-99 and as Annual Giving Campaign Chairman; contributed his knowledge, expertise, and financial resources to CIS; was an avid youth advocate and friend of CIS; and is held in highest esteem by the CIS Board of Directors; and WHEREAS, Mr. Jones served as a board member of First Tee and has thus provided great leadership in directing programs toward character buildup and development of positive values in the hundreds of young people involved in First Tee programs in Chesterfield; and WHEREAS, Mr. Jones was instrumental in establishing a network of after school programs at many Chesterfield schools in a way that did not compete with after school services provided by the private sector and all of these efforts were directed at reducing latchkey children; and WHEREAS, Mr. Jones provided humanitarian year membership in the South Richmond Rotary, living the Four Way Test; and WHEREAS, Mr. Jones improved the lives of the problems related to service through his nine and his daily example of children and families in the region through his professional endeavors at William Byrd Community House and the United Methodist Family Services; and WHEREAS, Mr. Jones has been a model citizen of Chesterfield County, serving as a coach for Central Chesterfield Little League and frequently reaching out to neighbors in need; and WHEREAS, in these endeavors and others which he has undertaken on behalf of the residents of Chesterfield County, Mr. Jones has repeatedly demonstrated his caring and commitment to improving the safety and quality of life of all Chesterfield County residents, particularly our younger residents; and WHEREAS, his selfless and tireless efforts have won Mr. Jones the respect, appreciation and admiration of all who know him. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the exceptional contributions of Mr. Donald A. Jones, expresses appreciation for his efforts on behalf of Chesterfield County, and extends best wishes to him and his family as he moves to Nashville, Tennessee. 000106 CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subject: Appoint an Alternate Agent for Application to the Board of Grandstaff Item Number: 8.C.2. the Board of Supervisors' Initiated Variance Zoning Appeals on Behalf of Ms. Eugenia County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appoint Mr. Ted Barclay as an alternate to Mr. Kirk Turner to act as agent for the Board of Supervisors. Summary of Information: On March 12, 2003, the Board of Supervisors unanimously voted to initiate a variance application to the Board of Zoning Appeals on behalf of Ms. Eugenia Grandstaff and appointed Mr. Kirk Turner to act as agent. Ms. Grandstaff has requested to have the variance public hearing scheduled on May 7, 2003. It will be necessary to appoint another agent due to a previously scheduled absence from the office by Mr. Turner. Preparer: Kirk Turner Title: Deveopment Manager Attachments: No ~O0010? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 9, 2003 Subiect: State Road Acceptance Item Number: 8.C.3. County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Cloverhill: The Meadows, The Meadows, Section 4 Section 5 Matoaca: Chesdin Shores, Section 2 Midlothian: Grove Hill Road; a portion of Kingham at the Grove, Section 1 Kingham at the Grove, Section 2 Kingham at the Grove, Section 3 Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes --] No # 000105 000~09 ooo~o O00&2~ moM: io~nm~n~ ItOAl~ POR CONS~ERATION: V{~nity Ma~ K]NGI~t,M ATTI.~ GROVE, ~C, I 000~3 000~4 'V"~ ~.y ~ IC~T(]FIAW~ AT THI~ ~ ~. 3 CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.4. Subiect: Request for a Music/Entertainment Festival Permit Outdoor Concert on May 26, 2003 County Administrator's Comments: County Administrator: ~ for Sundays' Restaurant Board Action Requested: The Board of Supervisors is requested to grant a request for a music/entertainment festival permit for Sundays' Restaurant outdoor concert on May 26, 2003. Summary of Information: Sundays' Restaurant proposes to conduct an outdoor concert on May 26, 2003. The event is planned to occur on the grounds of Sundays' Restaurant located at 4602 Millridge Parkway, Midlothian, Virginia. Sundays' Restaurant will receive all net proceeds generated by the concert. Admission tickets will be sold for $10.00 in advance and $12.00 at the gate. Gates will open at 5:00 p.m. with music beginning at 6:00 p.m. All activities will conclude at 9:30 p.m. It is anticipated that approximately 750 people will attend the concert. Sundays' Restaurant will provide all catering. The music/entertainment arrangements have been reviewed by the County Attorney's Office and meet the substantive requirements of the ordinance. These arrangements provide adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance coverage, relevant permits and security. Preparer: Steven L. Micas Title: County Attorney 0500:61023.1 Attachments: Yes ~ No # 000116 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Sundays' Restaurant has conducted outdoor concerts on its grounds similar to the one proposed on Memorial Day and Labor Day weekends the past two years. Problems and neighborhood concerns appear to have been resolved by the applicants. The applicant has agreed to provide two security officers at the entrance to the Brandermill Community Association ("BCA") Sailing Center an hour prior to the event to insure that no parking by concert attendees is allowed in the approximately 36 parking spaces in the upper and lower parking areas contiguous to the Sailing Center. Although the Board of Supervisors may require a bond to insure compliance with the permit, the Board traditionally has not required a bond except when the event occurs on County property. Staff recommends that the Board not require a bond. 0500:61023.1 Mr. Stel Parthemos Senior Assistant County Attorney Chesterfield County Administration Building, Room 503 RO. Box 40 Chesterfield, Va. 23832-0040 Dear Mr. Parthemos, Thank you for your assistance with our pursuit of information regarding application for a Music and Entertainment Festival Permit. Sundays' Restaurant, which is located at 4602 Millridge Parkway, Midlothian, Va. 23112, is both the applicant and the event promoter. We will receive all net proceeds generated by the concert May 26th, 2003 Gates will open at 5:00 pm with music beginning at 6:00 pm. All activities will conclude at 9:30 pm. Sundays' Restaurant is owned by Out To Lunch, Inc. at the same address as the restaurant, and will assume full financial responsibility for the concert. The musical group performing will be Fighting Gravity which is managed by David Triano 378-4669. O00~Z$ Admission tickets will be printed by BOB records, which will be used to control admission to the event. We anticipate being able to admit 750 individuals into the concert area. Admission will be $10.00 in advance, $12.00 at the door. We have contracted Mo-Johns of Cartersville, Va. to provide portolets for the event. Units will be in place for the duration of the event. All post-concert clean up in the actual concert area, and in the parking lots will be conducted by Sundays' staff, and waste will be disposed of by BFI which services the restaurant. Sundays' restaurant will assume all catering needs of concert attendees. Lodging will not be a necessity for our event. We are alerting Manchester Rescue Squad, and Clover Hill Volunteer Fire Department of our event's time and date. We will work with R.M.C. Events Inc. in the event of an emergency to notify the proper medical personnel. Adequate parking facilities are available throughout Sunday Park to accommodate our event. Our concert will occur on a holiday and will not interfere with parking spaces which are utilized for office workers and the Brandermill Church. 000~9 Outdoor lighting will be utilized only on our stage area to accommodate the needs of the performing band, and their illumination will not extend beyond the property boundaries. Music, both taped and live will be played in such a manner that the sound emanating will not constitute a nuisance to adjacent property owners. We have contracted R.M.C. Events Inc. who will oversee crowd control and all other security components of the concert, along with off duty Chesterfield County Police Officers. Access to Brandermill amenities in Sunday Park including boat ramp, and peninsula parking shall not be compromised by result of concert traffic. Out To Lunch Inc. carries a general liability insurance policy to insure against injury or damage. Our application fee is attached. I trust that the above information is adequate to meet the county's requirements for approval of our Entertainment Festival Permit. Please do not hesitate to call me with any questions. 744-2545 Thank you for your assistance. Sincerely, Whitney Bowe Be~ver~re~d Promotions Manager oool o CHESTERFIELD COUNTY BOARD OFSUPERVlSORS AGENDA Page I of 9 Meetin~l Date: Subject: April 9, 2003 Item Number: 8.C.5.a. Request for Permit to Stage a Fireworks Display at 80 Bellona Arsenal, Midlothian, Virginia on July 4, 2003 County Administrator's Comments: . County Administrator: ~ Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display at 80 Bellona Arsenal, Midlothian, Virginia on July 4, 2003 Summary of Information: George Hoover has requested permission from the Board of Supervisors to stage a fireworks display at 80 Bellona Road, Midlothian, Virginia 23113, on July 4, 2003, with a rain date of July 5th. George Hoover has significant pyrotechnical experience and will personally discharge the fireworks display. Mr. Hoover has assisted in the staging of similar displays on the same property each year for twelve years, except 1993 and 1999, without incident. Mr. Hoover has obtained a liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $2,000,000. The Fire Marshal's Office has reviewed this fireworks request and indicates that it meets the criteria under the Fire Prevention Code. Preparer: Steven L. Micas Title: County Attorney 0500:61025.1 Attachments: Yes . ]mo M~r 13 03 10:46a HOOVER&$TROMG Application for Fireworks Display (Print or Type All Information) Date of Applicatinn: ,MARCH 7, 2003 Eventlqm-ne:.. Wedding Celebration Datc: MAY 10, 2003 TimeofFireworks: 8:30 PM ~ prox, RainDate: rmv.4; Event Location: 80 Bellona Arsenal, Midlothian, VA 23113 Shooting site/Display area: Sponsoring Organization: Person In Charge of Event: - RIVER BANK SELF (include map) George F. Hoover Mailing Address: 10700 Trade Road Richmond City: Work Phone:'' 804-794-3700 State: VA Zip: 23236 Home Phone: mc, a-v94-3773 Person Coordinating Fireworks: (for the sponsor) Mailing Address: City: Richmond Work Phone: George F. Hoover 10700 Trade Road 804-794-3700 State: VA Zip:. 23236 Home Phone: 804-794-3773 Company Responsible for Shooting: George F. Hoover MaflingAdckess: 10100 Trade Road Richmond City: Work Phone: 804-794-3700 George F. Hoover Shooters Nm'ne: VA 23236 ~':tate: Zip: After Hours: 804-320-4447 Note: 1. 2. 3. Attach a list of fireworks to be used in the display. Attach a copy of the certificate of insurance. Include a site drawing noting discharge site, spectator viewing area, parking, and any nearby structures. Should you have any questions, call the Fire and Life Safety Division at 748-1426. Return application to: Chesterfield Fire Department Fire and Life Safety P. O. Box 40 Chesterfield, VA 23832 Date: J/7/O-~ Applicant's Signature: Print Name: (office use only) Site suitable for display pending County Attorney and Board of Supervisors approval. Site unsuitable. Fire Officiak Event Representative: Date:. Date: 000 23 This certifies that [~ S'TATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois · STATE FARM GENERAL INSURANCE COMPANY, Blooming[on, Illinois [] STATE FARM FIRE AND CASUALTY COMPANY, $carborough, Ontado r-] STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida [] STATE FARM LLOYD$, Dallas, Texas. ~nsures the following poliuyhulde~ fei the coverages Indicated below: Policyholder GEORG~- .~ND SUZANNE HOOVP. R Address of policyholder lo'rD0 T[M~.DF. ROi%D, I~.ZCHMOND, VA 232:],6 Location of operations "~'~'LL0~A AP. SENA]., ~1 vI. OT~3'Z'~, VA 233.13 DescdpUon of operations ~,IEr_.WOR~:$ nIRDI.'g- N/kY 10~ 2003 The policies listed below have been Issued to the policyholder for the policy perlDde shown. The Insurance descrlbod in thoso policies is subject to ell the terms oxclusions, and conditions of those policies. The limits Ct liability shown may have been reduced by an)' paid UMITS OF LIABILITY POLICY PERIOD POLICY NUMBER TYPE OF INSURANCE I Effective Data i ExplraltonDate Comproh0ns~v~ | slnoss L ability 1 ' '~l~.-i'~.Z'~(~)'i-~}'~i~'~:-' - [~'P~i~ - Completed Operatlona 46-BD-7200-1 [] Contraclua[ Llab[IRy '~ Underground Hazard Coverage -~ Personal InJul7 ~ Advertising InJu~ [] Explosion Hazard Coverage [-] Collapse Hazard Coverage EXCESS LIABILITY ~ umbrella '10t~or Workors' Compensation end Employers Liability POLICY PERIOD EffecUve Date E~plratlen Date 0'//25/02 0~/25/03 POLICY NUMBER T~PE OFINSURANCE AMENDS, EXTENDS OR ALTERS'THE COVEP~.GE APPROVED Name and Address of Cerl~cate Holder CitEeTERFZELD, VA 23832 (at beginning of policy period) ~ODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ General Aggregate $ Products - Completed $ Operations Aggregate BODILY iNJI IRY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ 2, 000, 000 Aggregate $ 2,000,000 Part 1 STATUTORY Part 2 [IODILY INJURY Each A~vi~t $ Disease - Each Employee $ Uieeesa - Policy LIaR $ POLICY PERIOD LIMIT8 OF LIABILITY Effective Date [ Expiration Date _ !?t,?glnning of policy period) 12/06/02 : 12/06/03 $100,000 :IA. CT O S E-~'-~FI R MATIVE BY ANY pOLICY DESCRIBED HEREIN. If any of u~e described I~olIcle~ am ~an~eLed ~efo; its explrat~n date, Slate Farm wUI t~ to mai[ a wtitt~ notice ~ ~e ce~flcete ~lder 30 ~ys bore ca~ellaUon. If ~wever, we fall to mall such notlc no obligation ~ liability ~lt be imposed on FRrm o~ ~ agents or representatives, ~gRature of ~t~rlzed B BALTIOH 48-~3 AFC RICHMOND F2 Map 13 03 lO:46a HDOVE~&51~Um~ luu~J/u/owu M.o EXPLANATION of RAIN DATE: The shoot is scheduled after a w~dding reception on May 10, 2003. In case of rain, the wedding will still go on, but the fireworks will be held off until July 5th. My vendor will hold product until the actual shoot date. LI,qT of PYROTECHNIC ITEMS:, 6 cakes-100 shot-3/4-1' tubes 2 cakes-25 shot-2" tubes 10 pcs. misc. class C-multi shot cakes 10-1" rockets w/report George F. Hoover \~PALLADIUM\user data\OHoovcr\Hoover - pcrsonal\Fireworks503prr.doc State F,a..rm Fire a.nd..Ca, sualty Company A Stock L,ompany vvkn r~ome Offices. in Bloomington, Illinois 1500 State Farm Blvd. Charlottesville, VA 22909-0001 Addl Insured-Section II Only F-3316-F212 F H COUNTY OF CHESTERFIELD PO BOX 40 CHESTERFIELD VA 25832-00~0 DECLARATIONS PAGE AMENDED FEB 14 2003 Policy Number 46-CA-8509-3 Policy Period Effective Date Expiration Date 12 Months DEC 6 2002 DEC 6 2003 The policy period begins and ends at 12:01 am standardlime at the residence premises. Namedlnsured HOOVER. GEORGE & SUZANNE 10700 TRADE RD R[CHNOND VA 2~236-~0~9 HOMEOWNERS POLICY Automatic Renewal - If the policy period is shown as 12 months, this policy wilt be renewed automatically subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Location of Residence Premises Yom' policy is amended FEB 'i4 2003 80 BELLONA ARSENAL ADDL INSURED NAME & ADDRESS ADDED MIDLOTHIAN VA 23113-2038 ENDORSEMENT FE-5267 ADDED Coverages & Property Limits of Liability SECTION I A Dwelling $ 1,207,300 Dwelling Extension up to $ 173,100 B PersonaIProperty $ 905.475 C LossofUse Actual Loss Sustained 8EOT)ON II L Personam Liability $ 100,000 (Each Occurrence) Damage to Proper~y of Others .$ 500 M Medical Payments to Others (Each Person) $ 1,000 Loss Settlement Provision (See Policy) A1 Replacement Cost - Similar Construction B1 Limited Replacement Cost - Coverage B Forms, Options, & Endorsements Homeowners Policy *Additional insured Endorsement Ordinance or Law Coverage Jewelry .and Furs $1,500 Each Article/S2 500 Aggrffgate ncrease Dwlg Up fo $ 241,460 FP-7155.5 FE-5267 FE-5296 Option JF Option ID Inflation Coverage Index: 173.1 Deductibles - Section I All Losses * New Form Attached Your policy consists of this page, any endorsements and the policy form. Please keep these together. FP-7001.60 4072 51 Al N Prepared FEB 20 2003 $ 1,000 BROOKS BALTICH 804-272-0053 Other limits and exclusions may apply - refer to your policy Endorsement Premium Discounts Applied: Home Alert Home/Auto Utility Rating Cr Claim Record NONE 000127 555 70201 Rev 10-2002 (olf039{01 In case of loss under this policy, the deductibles will be applied ~oer occurrence and will be deducted from the amount of the ss. Other deductibles may apply - refer to policy. ~6-CA-8509-$ (~o73) FE-5267 (8/96) ADDITIONAL INSURED ENDORSEMENT The definition of Insured is extended to include the person or organization named in the Declarations as an Additional Insured or whose name is on file with us. Unless otherwise limited in the Declarations, coverage is with respect to the following policy Sections: 1. Section I - Coverage A; 2. Section II - Coverages L and U but only with respect to the residence premises or any other Insured location, subject to the following: a. the Additional Insured is not an Insured for the purpose of defining or adding any insured location under this policy; and b. this coverage does not apply to bodily Injury to any employee, or to property damage incurred by any employee, arising out of or in the course of the employee's employment by the Additional Insured; and 3. Section Ill (applicable only to COUNTRY HOMEOWNERS POLICY). All other policy provisions apply. FE-5267 (8/96) FE-5296 (7/97) ORDINANCE OR LAW COVERAGE ENDORSEMENT Loss or damage to covered property caused by a Loss Insured will be settled on the basis of any ordinance or law that regulates the construction, repair or demolition of this propetty. This coverage does not increase the limit of liability applying to the covered property. All other policy provisions apply. FE-5296 (7~97) CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.C.5.b. Request for a Permit to Stage a Fireworks Display at the Sunday Park Peninsula of Brandermill on July 4, 2003 County Adm ,nistrator's Com ment~,¢.~:~/~.~ County Administrator: Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display at the Sunday Park Peninsula at Brandermill on July 4, 2003. Summary of Information: Mr. Mike Divita and Ms. Dena Sindelir, of the Brandermill Community Association, have requested permission from the Board to stage a fireworks display at the Sunday Park Peninsula at Brandermill on July 4, 2003 at dusk, with a rain date of July 5t~. Mr. W. G. Bulifant, III, of Dominion Fireworks has previously conducted similar displays here and elsewhere in the County and will personally discharge the fireworks. Mr. Divita and Ms. Sindelir have submitted evidence of a fireworks liability insurance policy in the amount of $2,000,000 which names the County as an additional insured. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Steven L. Micas Title: County Attorney 0500:61026.1 Attachments: Yes [~] No Application for Fireworks Display (Print or Type All Information) Chesterfield Fire & Life Safety MAR - 3 2008 DateofApplication: February 26, 2003 EventName: Brandermill's Fourth of July Date: July 4, TimeofFireworks: 9:15 p.m. (dusk) RainDate: July 5, 2003 Event Location: Sunday Park Peninsula in Brandermill Shooting site/Display area: Sunday Park beach area (include map) Sponsoring Organization: Brandermill Community Association Person In Charge of Event: - Mike Divita/Dena Sindelir Mailing Address: 3001 East Boundary Terrace City:. Midlothian State: VA 2003 __Zip:23112 Work Phone: 80~/744-1035 Home Phone: 804/739-9663 Person Coordinating Fireworks: (for the sponsor) Mailing Address: City: Midlothian Work Phone: 804/744~1035 Mike Divita/Dena Sindelir 3001 East Boundary Terrace State: VA Zip: 23112 Home Phone: 804/739-9663 Company Responsible for Shooting:. Mailing Address: P. City: Petersburg Work Phone: 733-6792 Shooters Name: w.G. Dominion Fireworks O. Box 3015 Bulifantr ~tate: VA Al%er Hours: III Zip: 23805 452-0595 Note: 1. 2. 3. Date: Attach a list of fireworks to be used in the display. Attach a copy of the certificate of insurance. Include a site drawing noting discharge site, spectator viewing area, parking, and any nearby structures. Should you have any questions, call the Fire and Life Safety Division at 748-1426. Remm application to: Chesterfield Fire Department Fire and Life Safety P. O. Box 40 Chesterfield, VA 23832 February 28, 2.0~plicant,sSignatur/~~-- ~., ~ PrintName- ~oseph M. DJ_v/_'ca Communit:y Manager BrandermJ. ll Community (office use only) / Site suitable for display pending County Attomey and Board of Supervisors approval. Site unsuitable. Fire O fficial'~ Event Representative: Date: , 000 .3 . INVENTORY OF DISPLAY BRANDERMILL 2003 400 ASSORTED CAKE ITEN DEVICES 350 3 INCH ASSORTED SHELLS (ADDITIONAL 150 FOR FINALE 80 4 INCH (ADDITIONAL 20 FROM 2002) TOTAL 100 60 5 INCH (ADDITIONAL 15 FROM 2002) TOTAL 75 30 6 INCH (ADDITIONAL 10 FROM 2002) TOTAL 40 PLEASE NOTE; TOTAL SHELLS LEFT OFF OF 2002 INVENTORY WAS A TOTAL OF 30, WE HAVE ADDED TO THE LARGER SHELLS PLUS AND ALSO ADDED TO THE FiNALE. CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: April 9, 2003 Item Number: 8.C.5.c. Request for a Permit to Stage a Fireworks Display at on May 15, 16 and 17, 2003 County Administrator's Comments: County Administrator: ~ James River High School Board Action Requested: The Board of Supervisors is requested to approve a permit to stage a fireworks display at James River High School on May 15, 16 and 17, 2003. Summary of Information: James River High School Drama Partisans and Jessica Morgan's School of Dance have requested permission from the Board to stage a fireworks display at James River High School on May 15, 16 and 17, 2003. Patrick Held, a drama teacher at James River High School has previously conducted similar displays and will personally discharge the fireworks. The applicants have submitted evidence of a fireworks liability insurance policy in the amount of $2,000,000, which names the County as an additional insured. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable criteria under the Fire Prevention Code. Preparer: Steven L. Micas Title: County Attorney 0505:61071.1 Attachments: Yes ~ No Application for Fireworks Display (Prin[ or Type All Information) DateofApplication: ~'~~ /tOj ~dg~ ~ ~"°6/~e~tLocation:~ ~l'Ve~ ~1"~ ~/ Shooting site~isplay ~ea: ~( ~ ~ (include map) Sponsoring Org~ization: ~S ~'Xe~ ~~ ~r~ WorkPhone: ~/~d'~Zq -?~9~9' State:y/~' Zip:. Home Phone: ~¥- Person CoordinatingFireworks: ~/~'E~ ~f~) (~)~'flfXV~/C~/~.) (for the sponsor) ~)-~?~(L5 a/5/')/e/Z '~/~ ~oOZ Mailing Address: 3~Od ~5 ~ ~0 City: ~/d~/'~ Statef~ Zip: Work Phone~ ) ~ - ~ ~C Home Phone: ComplY Responsible for Shooting: ~5 5]6~ ~~ S~ ~ ~ City: 5 tate: Zip:. Work Phone: After Hours: Note: Attach a list of fireworks to be used in the display. Attach a copy of the certificate of insurance. ~ 9/0 ~ Include a site drawing noting discharge site, spectator viewing area, parking, and any nearby structures. Should you have any questions, call the Fire and Life Safety Division at 748-1426. Return application to: Chesterfield Fire Department Fire and Life Safety P. O. Box 40 Chesterfield, VA 23832 Date: 7Jl~ /~; (office use only) Remarks: Site suitable for display pending County Attorney and Board of Supervisors approval. Site unsuitable. Fire Official: Event Representative: Date: Date: 000135 000136 ~3/10/2003 0ti: 33PM ~i~TFOllD THE HARTk'ORD The Hartford Fax Cover Page To: From: Date: Re: Pages: David Throckmorton Julie (Comm Lines, CHAR/CENTER) Haithcock Mar 10, 2003 Policy 33UUCFT7943 3 (Including the Cover Page) ***This transmission and/or attachment(s) contain information which may be confidential and/or privileged. The information is intended for the use of the individual or entity named on this transmission. If you are not the intended recipient, any disclosure, copying, distribution or other use of this communication is prohibited. If you have received this communication in error, please notify the sender to arrange for retrieval of the original communication and/or attachment(s). Thank You. *** 000:1.37 ]11012003 04:33PM AON R. ISK SERVICES INC OF KY/SCIC P. O. BOX 29611 CHARLOTTE NC, 28229 THE HARTFORD Co.of Chesterfield & Chesterfield Co. Schools, C/O Chesterfield Fire Dept. Attn: David Throckmorton 10031 Iron Bridge Rd Chesterfield, VA 23832 000:1.38 B/10/2003 04:33PM THE HARTFORD ACORD,. CERTIFICATE OF LIABILITY INSURANCE :5 L)P ;5 JDH DATE P4SA 03-10-2003 AON RISK SERVICES INC OF KY/SCIC 750310 P:(866)467-8730 F:(877)538-8526 P. O. BOX 29611 CHARLOTTE NC 28229 JESSICA MORGAN SCHOOL OF DANCE INC 13989 RAISED ANTLER CIRCLE MIDLOTHIAN VA 23112 THIS CERTIFICATE IS ISSUED AS A J~ATTEN OF INFOR~IATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ms~.A.Hartford Fire Ins Co ~Ns~ ~,Twin City Fire Ins Co INSURER C: THE POLICIES QF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N~ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TER~ OR CONDITION OF ANY C©NTRAC~ OR OTHER DOCUMENT W~TH R~SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ~AY PERTAIN~ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ~HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCt POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A ~ c0~=~s~.~ 33 UUC FT7943 09/01/02 09/01/03 ~m~ (~o=~ ~ 300,000 pERSONaL ~ ADV INJ~M $ 1 F 0 0 0 ~ 0 0 0 ~s~ ~E~ s2-, 000, 000 0 0 0 0 0 0 X B ~:o~ :~ 33 WEC JK1343 08/15/02 08/15/03,S.L.S~C~CCr~N~ S 100,000 000 E.~. ~SE~S~ POL~C~ ~,~T 500, 000 Those usual to insured's operations. The County of Chesterfield, Chesterfield County School~, and Chosterf~old F~ro Dopt. are an ~dd~onaZ Insurod per ondorsement CG2025 - Dos~nagod Per~on or Organization, a~gachod go CERTIFICATE HOLDER I X I ..... ~o~ ~ ....... ~ ~=~, A CANCELLATION Co.of Chesterfield & Chesterfield Co. Schools, C/O Chesterfield Fire Dept. Attn: David Throckmorton 10031 Iron Bridge Rd Chesterfield, VA 23832 ~HOULD ANY OF THE ABOVE DESCRIBED P©LICIES BE CANCELLED BEFORE THE ~XPIP~TION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO ~[AIL [5 DAYS WRITTEN NOTICE [10 DAYS FOR NON-PAYMENT) TO THE CERTIFICAT ]OLDER NA~ED TO THE LEFT~ BUT FAILURE TO DO SO SHALL IMPOSE NO )BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.6.a. Subiect: Authorize the County Administrator to Execute a Construction Contract for Robious Landing Park, New Boat Storage Building County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to execute a construction contract with Early Sunrise Construction, Inc. in the amount of $78,000 for work at Robious Landing Park, to construct a new boat storage building. Summary of Information: This project is Phase II of a multi-project development of the park property, providing for construction of the new boat storage building. Subsequent projects scheduled for FY03 will include new playground, new parking, new entrance roadway [Funded by the VDOT Recreational Access Road Grant Program], restroom building, new shelter, fishing stations and expanded trail system. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: ~Yes No OOO3.4O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 Bud.qet and Manaqement Comments: This item requests the Board to award a contract in the amount of $78,000 to Early Sunrise Construction, Inc. for the construction of a boat storage facility at Robious Landing Park. Sufficient funds exist in the project account to award this contract as well as a contract award for the restroom building in the amount of $68,800 (which is also before the Board for approval on April 9th). These two park enhancements should be completed in the September, 2003 timeframe. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000~4~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: Subiect: April 9, 2003 Item Number: 8.C.6.b. Authorize the County Administrator to Execute a Construction Contract Robious Landing Park, New Restroom Building County Administrator's Comments: County Administrator: for Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to execute a construction contract with Howard Construction, Inc. in the amount of $68,800 for work at Robious Landing Park, to construct a new restroom building. Summary of Information: This project is Phase II of a multi-project development of the park property, providing for construction of the new restroom building. Subsequent projects scheduled for FY03 will include new playground, new parking, new entrance roadway [Funded by the VDOT Recreational Access Road Grant Program], boat storage for sculling program, new shelter, fishing stations, expanded trail system. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: ~]Yes No 000~.42 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 Budget and Management Comments: This item requests the Board to award a contract in the amount of $68,800 to Howard Construction, Inc. for the construction of a bathroom facility at Robious Landing Park. Sufficient funds exist in the project account to award this contract as well as a contract award for the boat storage building in the amount of $78,000 (which is also before the Board for approval on April 9th). These two park enhancements should be completed in the September, 2003 timeframe. Preparer: Rebecca T. Dickson Title: Director, Budqet and Manaqement 0005_48 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.6.c. Subiect: Authorize the County Administrator to Execute a Construction Contract for Matoaca Park, Phase III, New Concession Building County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to authorize the County Administrator to execute a construction contract with Early Sunrise Construction, Inc. in the amount of $77,000 for work at Matoaca Park, to construct the Phase III New Concession Building. Summary of Information: This project is Phase III of a multi-phase development of the park property providing for construction of the new concession building. Subsequent phases scheduled for FY04 will include new ballfields, expanded and re-organized parking and new entrance roadway (Funded by the VDOT Recreational Access Road Grant Program). The concession stand project exceeds the current FY03 funding in the Matoaca Park Capital Account (this was advance funding from the FY04 Matoaca Park Capital Project, approved as part of the FY03 spending program). Recommended Funding will be from the Matoaca Park Capital Improvement Account in the amount of $55,000 and a temporary allocation from the Hornet Park Capital Improvement Account in the amount of $20,000, to be restored after July 1, 2003 with FY04 Matoaca Park Capital Improvement Funds. This project is being expedited to allow for completion in time for use during the Fall 2003 Football season. Preparer: Michael S. Golden Title: Director, Parks and Recreation Att&chments~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 Budget and Mana.qement Comments: This item requests the Board to award the construction contract to Early Sunrise Construction, Inc. in the amount of $77,000 for the new concession building at Matoaca Park. This project currently does not have sufficient funds to support this contract award. However in order to meet the goal of having the building ready in time for the fall 2003 football season, staff will be temporarily transferring $20,000 from the Horner Park project. These funds will be restored after July 1, 2003, as additional money will be available in the Matoaca Park project account. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.7. Subiect: Approval of Construction Contract for County Project Number 02-0077 Victoria Lane Special Tax and/or Assessment Water District to Perkinson Construction, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends Board of Supervisors award construction contract for the Victoria Lane Special Tax and/or Assessment Water District to Perkinson Construction, L.L.C. in the amount of $83,074.95; authorize appropriation of $52,000.00 from the water fund balance to 5H- 58350-020077E; and authorize County Administrator to execute any necessary documents. Summary of Information: This project includes 2,150 L.F. of 8" water line and will provide water service to properties along Victoria Lane; and one property along Cherokee Road; and additional water improvements along Cherokee Road. Low bid exceeds our previous appropriation for project, therefore, staff requests that an additional $52,000.00 be appropriated from fund balance to this project. Our consultant, R. Stuart Royer and Associates have reviewed the bids and recommends award to the lowest bidder Perkinson Construction, L.L.C. Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes ~] No # 000144 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 9, 2003 Budget and Mana.qement Comments: This item requests the Board of Supervisors to award a construction contract for the Victoria Lane Special Tax and/or Assessment Water District to Perkinson Construction, L.L.C. in the amount of $83,074.95. The Board is also requested to authorize appropriation of $52,000.00 from the water fund balance. Sufficient funds are available in the water fund balance to be appropriated. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000145 PROPOSED MODIFICATION TO THE "VICTORIA LANE WATER ASSESSMENT DISTRICT" DARBY ClR Proposed Water Line Chestel~ield Count~ ~NIJ Proposed Boundary Medificatio~ Department of Utilities To Add An Addi'donal Prope~ Existing %/ictoria Lane Water Assessment District" Created March 13, 2002 1 inch ec~uals $00 f~et CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin~l Date: April 9, 2003 Item Number: 8.C.8. Subject: Designation of Right of Way for Cogbill Road Page I of I County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors designate right of way for Cogbill Road, and authorize the County Administrator to execute the Declaration. Summary of Information: As a condition of the site plan approval for the expansion of Meadowbrook High School the Transportation Department is requiring the designation of 0.77 acres of county property as public right of way for maintenance and improvements to Cogbill Road. District: Dale Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: [~No VICINITY SKETCH DESIGNATION OF RIGHT OF WAY FOR CO~RH~L ROAD ...................... 're( '- ' "~"~, ~ , ~ · ..~, ~l,.~ , ..~ ~ ~ ~,. - , P'~T SHOWING 2 PARCELS OF AUSTIN BROC~B~OUGH ~ND BELONGING TO ~ ASSOC~TES, L.L.P. ~ = ~. THE COUNW OF CHESTERFIELD LOCATED ON THE SOU~H SIDE OF Consulting Engineers COGBILL ROAD ~ ~ . ...~ ~ , ~',. ~ ,?-~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.9.a. Subject: Request Permission to Construct a Wooden Deck within a Sixteen-Foot Drainage Easement Across Lot 32, Krim Point at the Grove, Section 2 County Administrator: Board Action Requested: Grant W. V. McClure, Inc., a Virginia corporation, t/a Main Street Homes, permission to construct a wooden deck within a 16' drainage easement across Lot 32, Krim Point at the Grove, Section 2, subject to the execution of a license agreement. Summary of Information: W. V. McClure, Inc., a Virginia corporation, t/a Main Street Homes has requested permission to construct a wooden deck within a 16' drainage easement across Lot 32, Krim Point at the Grove, Section 2. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes ~---] No # 000 15 .I VICINITY SKETCH REQUEST PERMISSION TO CONSTRUCT A WOODEN DECK WITHIN A PORTION OF A 16' DRAINAGE EASEMENT ChesterBeld County Department of Utilities Right Of Way Office 000~5; ~QT 36"'" I. OI' ,2~ ! DW~ml'I'ING O. 150 I0' ~SME,, Main Street Homes 13933 Krim Point Trail DB. 4787 PG. 595 PIN: 727702798100000 KRIM PO./NT T°.A/I. ~..~,/s9/o2 Proposed Improvements on DATE; July 16. 2002 LOT32, SECTION2 SCAL[: ,~"-30' KRIM POINTA T THE GRO . . Chesterfield Count, RE. Mo~n St eet Hom~s ~ . P~NNBIR8 · ARCH~OTS. INGINE~ ~ 8U~IYO~ · CHESTERFIELD COUNTY BOARD OFSUPERVlSORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.9.b. Subiect: Request Permission for Concrete Curb and Gutter to Encroach Within a Sixteen-Foot Sewer Easement County Administrator's Comments: County Administrator: Bo~rdActionRequested: Grant Walthal 12, L.C., permission for concrete curb and Gutter to encroach within a 16' sewer easement; subject to the execution of a license agreement. Summary of Information: Walthal 12, L.C. has requested permission for concrete curb and Gutter 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: Ri,qht of Way Mana.qer Attachments: Yes [~No # 000154 VICINITY SKETCH REQUEST PERMISSION FOR CONCRETE CURB AND GUTTER TO ENCROACH WITHIN A SIXTEEN FOOT SEWER EASEMENT pOLO PY SYDELLE GUILFORD ,RD 0 DUNN6~,O BRIARMONTRD Chestenl~d County Department of Utilities Right Of Way Office OOOiSS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.9.c. Subiect: Request Permission to Construct an Eighteen-Foot Emergency Access Road within a Portion of a Sixty-Foot Unimproved County Right of Way to Serve Longmeadow Farms County Administrator's Comments: County Administrator: BoardActionRequested: Grant LMF, LLC, permission to construct an 18' emergency access road within a portion of a 60' unimproved county right of way to serve Longmeadow Farms, subject to the execution of a license agreement. Summary of Information: LMF, LLC, has requested permission to construct an emergency access road within a portion of a 60' unimproved county right of way to serve Longmeadow Farms. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Riqht of Way Mana.qer Attachments: Ycs [---~ No I# 0~¢~157 VICINITY SKETCH REQUEST PERMISSION TO CONSTRUCT AN EIGHTEEN FOOT EMERGENCY ACCESS ROAD WITHIN A PORTION OF A SIXTY FOOT UNIMPROVED RIGHT OF WAY TR Chestenleld County Department of Utilities Right Of Way Office .'---. ,'1~ ! :~ ...... ~-'"*o' ,Z~--':"4.-~--- '.----" -- ~ -'1 ........................ '-'~"~-- f -I~t'~-~''''- V ~ptH .~,~i~ c~ ~ ~ ~ I FRA~KLI~ ~ · FA Y A. ~OTTO - ,.~.o. ~ ,c~ i, [ ,~ 3781 BALO~N ROAD ~ ~~ ~ ~11 ~ r~x 10/79~64682150~00 LMF/LLC ~ '~jlj M ~ v ~IN: 795647940400000 ~ 1~ [~l ~ FU~RE ez~r ~ ~ AT LONGUEADOW ~{~ N ~ J9 I N/F ZONED R-12 CUPD cx~r ~y , I ~EX ~AILBOX FAY A. MOrrO ~ ~ _ ~.~ ~r~ ~k ~1 ~ ~ BARBER, CHARLES P, ET ALS 3'd 3o ~- ~. ,~,~ ~... ~.._ SECTION - SKEL T~, tHOmAS ~ OPIN' 794~6J~0 I ~ / EXISTING RIGHT OF ~AY ~ ..... }~go~~ .... ~ ~; oP BALDWIN ROAD ~ , I I~ 42~0~J1~ I ~m~.mlae?5 Sheet 1 of 1 3,N.:20087-05 Site Development J'-~$aidentiol ] lnfrostruc[ure [ Technology Drawn by: L. Gilliam Checked CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.10. Subiect: 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 cable to provide additional service to Bailey Bridge Middle School. 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 cable to provide additional service to Bailey Bridge Middle School. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manager Attachments: ¥CS [~No VICINITY SKETCH CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY Cheste~eld County Department of Utilities Right Of Way Office 000161 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.11.a. Subiect: Request to Quitclaim a Twenty-Three Foot Sewer Easement Across the Property of Walthal 12, L.C. County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisor and the County Administrator to execute a quitclaim deed to vacate a 23' sewer easement across the property of Walthal 12, L.C. Summary of Information: Walthal 12, L.C. has requested the quitclaim of a 23' sewer easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian Preparer: John W. Harmon Title: RightofWay Manager Attachments: Ycs ~---] No # 000163 VICINITY SKETCH REQUEST TO QUITCLAIM A TWENTY-THREE FOOT SEWER EASEMENT ACROSS THE PROPERTY OF WALTHAL 12, L.C. ~ ~ ~N~o Cheste~eld C~n~ ~pa~ent of UtiliZes Right ~ Way ~ 006164 ~OTt~.* THIS PLAT WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE R~PORT AND IS SUBJECT TO 50 100 SCALE: I# - 50' '8' ~ ESW? -- \ O,~. ,~.~,X[ PG. BELLGRN:)E DB/ELOPEMENT CPIN: 742-716-2133-00000 D.B. 2007, PG. 1560 No. 11301 POLO PLACE 0.84.4 ACRES /v~gNEW PROPERTY UNE), '28~3"E 199.75 LINE TABLE BEARING MAR, ~G, 2005 EYlsrlI~ (to at mc~rEfl) WALTHAL 12, LC GPIN: 742-715-3191-00000 D.B. 4867, PG, $20 NO. 11307 POLO PLACE 16' SEWZ'R 1,582 ACRES 15' fi.A 979, SGg'28 'OG 'W 201.48' T ROAD v~ I~ r. P~T. SHO~NO A 23 S~ER ~E~ TO BE V~TED ~ ~T ~ REV' MAR' 19 ~: "A~ROSS THE ~ OF B~E D~LOPM~ DAT[: FE~. 2~, 2003 COMPLY & W~T~ 12, LC MI~O~ DIST~CT SCA~: 1" - ~ '~"' JOB NO: ~0~.00 CHES~RFIEL0 C~N~, V~N~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 9, 2003 Item Number: 8.C.11.b. Subiect: Request to Quitclaim a Twenty-Three Foot Sewer Easement Across Property of Bellgrade Development Company, L.P. County Administrator's Comments: /'~¢~_. the County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 23' sewer easement across the property of Bellgrade Development Company, L.P. Summary of Information: Bell~rade Development Company, L.P., has requested the quitclaim of a 23' sewer easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian Preparer: John W. Harmon Title: Ri,qht of Wav Mana,qer Attachments: [---~ No 000166 VICINITY SKETCH REQUEST TO QUITCLAIM a TWENTY-THREE FOOT SEWER EASEMENT ACROSS THE PROPERTY OF BELLGRADE DEVELOPMENT COMPANY, L.P. ~!..BYRO DR C'~ pOLO PY 8YDELLE DR 8RIARMONT RD GREEN SPRING RD Cheste~eld County Department of Utilities Right Of Way Office 000167 ~i'O~l~: ~1-115 Pr. AT WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE: I~PORT AND IS SUBJECT TO INFORblATION WHICH MAY B~ DISCLOSED SUCH. NOT ALL EASEMENTS N~D NO IIdPROVEI~NTS SHOWN. I00 SCALE: I" - 50' ~ 742-715-~4-~0000 I I I I I I \ rM. ~v~ c~v? ".. O.~. 2.~,X3, PC. 8ELLGRADE DEVELOPEMENT GPIN: 742-716-2133-00000 D.B. 2007, PO. 1560 No. 11301 POLO PLACE 0.844 ACRES (NEW ,.P~opcmY t~E), N$9'28'~J~ I99:75 UNE TABLE BEARING 17.78 THE GARDENS AT B~LORADE OPEN SPACE 8~0~ ~. O.[ 2007, (To e~ mc~r~o) WALTHAL 12, LC GPIN: 742-715-~,191-00000 O.B. 4867, PG. ~520 NO. 11307 POLO PLACE Ea.eO~a'wr 9.~noe~. 1.382 ACRES 979. ~1o. 18~ '~' t ~, 19, 2~3 16' ~R ~ ~ ~o ~ EXr~ S69'28'0G~// 201.48' ~ HUGUENOT ROA ~u~ ,vo. ~,~r co. s,?~ .~: o~P,o,~ ~ ,. P~T SHO~NG A 23' S~R ~E~ TO BE V~ ~ &z~ DA~: FEB. 28, 2~3 C0MP~ ~ W~ 12, LC eI~OTH~ 0tSTR~CT JOB NO: C02~0.00 CHES~RFIEL0 COUNt, VIEOIN~ ~:~C~O0~ ap HOOD-B~CLO~SUR C0200060¥w eOOOeOEt.dwR, l:l .~,~ ~u~.~ ,0168 CHESTERFIELD COUNTY BOARD OF SUPERVlSORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.12.a. Subiect: Acceptance of a Parcel of Land at the Intersection of Woolridge Road and Otterdale Road from Stewart Family RLLP County Administrator's Comments: ~ ,4(~/1~' County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.514 acres at the intersection of Woolridge Road (State Route 668) and Otterdale Road (State Route 667) from Stewart Family RLLP, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for the development of Magnolia Green Subdivision. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: ---]No I# 000169 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND AT THE INTERSECTION OF WOOLRIDGE ROAD AND OTTERDALE ROAD FROM STEWART FAMILY RLLP Chesterfield County Department of Utilities PJght Of Way Office / / CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Acceptance of a Otterdale Road County Administrator's Comments: County Administrator: Board Action Requested: 0.029 acres along the west 667) from Hazel P. Womack, the deed. Summary of Information: Item Number: 8.C.12.b. Parcel of Land Along the West Right of Way Line of from Hazel P. Womack Accept the conveyance of a parcel of land containing right of way line of Otterdale Road (State Route and authorize the County Administrator to execute This dedication is for the Approval is recommended. District: Matoaca development of Summer Lake, Sections 2 and 3. Preparer: John W. Harmon Title: RiqhtofWay ManaRer Attachments: ~---] No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT OF WAY LINE OF OTTERDALE ROAD FROM HAZEL P. WOMACK Chesterlleid County*Department of Utilities Right Of Way Office Womock, Hozel P. CPIN /~709-682-8765-00000 0.8. f025, pg. J29 4806 Otterdole Rood 0.029 Eomock, /tozel P, CPIN lir?10-682-2,.~9-00000 N=3682496,34 E=117105~-9.24 ROUTE 1240 BEHMO~ /G r,~o'oo'oo' ' '11 h~ 20.~ [ ~ [ Chd=28.28' ' ~Ch ~=~7~'4~'~ I I I ~CNS. SjT=12'50' Ch-2§.O0' N=3682575.34. E=11710613.34 County Project 02-0182 PLAT SHOFING 0.029 ACRES LOCATED IN THE MATOACA DISTRICT OF GRN:'HIC ~ 50' 0 25' 50' 100' SCALE: 1" = 50' CHESTERFIELD COUNTY, VIRGINIA OAR: ~nuory 16, 200~ SCALE: I = 50' I JN 21376-2 CHESTERFIELD COUNTY BOARD OFSUPERVlSORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 8.C.12.c. Subject: Acceptance of a Parcel of Land Along the East Right of Way Line of Otterdale Road from John E. Sadler County Administrator's Comments: /~.~F.~f J County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.143 acres along the east right of way line of Otterdale Road (State Route 667) from John E. Sadler, and authorize the County Administrator to execute the deed. Summary of Information: This dedication is for the development of Magnolia Green. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Yes ~] No VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD FROM JOHN E. SADLER Chesterfield County Department of Utilities Right Of Way Office 000176 IIJSO4. t2'RA~US O, ga' TANC. ENr0'00'55' CHORD BEARING CHORO I $lj~J,Og~ ~STAN~ .... ~D J~.~ .MON~Z ~ ~ /.~ ~' ~r ~ ~ ~r~mrr ~'~_ o.~ ~c. ~_~'_ .... / .... ~._. ~ ~-~.~.~ PA~CffL O~ LAND ~0 Bff DffDICA~BD AND A VA~I~BL~ ~ID?H ~LOP~ ~ D~AINA~ ~A~ ~ATOACA DISTRICT * CHEETERFIBLD COU~Y, VIRGINIA No.2068 O00~T? CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 9, 2003 Item Number: 8.C.13.e.o Subiect: Set Public Hearing Date to Consider FY2004 Enhancement Projects County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set April 23, 2003, as a public hearing date to consider FY04 Enhancement Projects. Summaryoflnformation: The Virginia Department of Transportation (VDOT) Enhancement Program is intended to creatively integrate transportation facilities into the surrounding communities and the natural environment. Projects eligible for funding include pedestrian and bicycle facilities, pedestrian and bicycle educational/safety activities, scenic easements, historic highway projects, landscaping, historic preservation, rehabilitation of historic buildings, preservation of railroad corridors, removal of outdoor advertising, archeological planning and research, mitigation of pollution due to highway runoff, and establishment of transportation museums. It is estimated that a $15 million enhancement fund will be available statewide this year for VDOT to carry out the program. Transportation Enhancement Projects are financed with 80% VDOT funds and a minimum 20% local match. The local match is usually provided from County funds, from others and/or by in-kind contributions. VDOT staff will evaluate project applications and make a recommendation to the Commonwealth Transportation Board for inclusion in the FY04-FY09 Virginia Transportation Six-Year Program. (Continued on Page 2) Preparer: R.J. McCracken Agen550 Attachments: Yes Title: Director of Transportation # 000:1.'78 ] CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (continued) The proposed FY04 Enhancement Projects (see Attachments A and B) are the same as those approved by the Board for FY03 except for the Bermuda District. Mr. McHale has requested that the Winchester Green Sidewalk and Streetscaping Project be substituted as the Bermuda District priority project in lieu of the Point of Rocks Bike Trail. An additional $32,000 from the General Road Improvement Account, will be required for the local match for the Winchester Green project. The Board has previously approved the local matches for the other magisterial district priority projects. The Board must reconfirm support for requested enhancement projects by adopting a resolution of support which guarantees the County will provide the local match. Projects listed on Attachment A under ~Other Projects" will not be submitted for funding consideration this year. These other projects will stay on the Enhancement Project list for the Board's consideration in the future. Recommendation: Staff recommends the Board set April 23, public hearing date to consider FY04 Enhancement Projects, the advertisement for that hearing. District: Countywide 2003, as a and authorize 000179 CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 9, 2003 Budqet and Manaqement Comments: This item requests the Board to set a public hearing for April 23, 2003 to consider FY2004 road enhancement projects. Sufficient funds exist in the General Road Improvements Account to cover the local matches required for these five priority sidewalk enhancement projects in the amount of $334,000. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000~.80 CHESTERFIELD COUNTY PROPOSED FY04ENHANCEMENTPROJECTS Estimated Cost Priority Projects: Winchester Green Sidewalk and Streetscaping - from Alcott Road to Tower Road $400,000 Phase i of a $0.83M project Genito Road Straettights - from Fox Chase Lane to Watemove Road $50,000 Cogbill Road Sidewalk - from Meadowbrook RS to Meadowdale Library, $470,000 Phase I of a $0.82M project Halloway Avenue Sidewalk - from Hickory Road to Matoaca Middle School, $350,000 Phase Ill of $1.3M project Walton Park Road Sidewalk, between Watch Hill Road and North Woolridge Road, $400,000 Phase II of a $1.1M project Other Projects: Point of Rocks Bike Trail on Enon Church Road - from Point of Rocks Park $240,000 to Enon Library, Phase I (preliminary engineering) of $1.3M project Cogbill Road Sidewalk, from School Board Facility to Hopkins Ro~d $225,000 Spires Road Sidewalk - from Mountain Laurel Drive to Sunflower Lane $500,000 Chesterfield Avenue Sidewalk Safety Improvements, $300,000 Phase I Hickory Road Sidewalk - from Ravensbourne Drive to Woodpecker Road, $400,000 Phase t of $1.2M project East River Road Sidewalk and Pedestrian Trail (RR RW to River) $900,000 Westfie[d Road Sidewalk, between Sycamore Square Drive and Wintedietd Road, $500,000 Phase I of $1M project VSU Entrances Landscaping $140,000 Route 10 Streetscaping (Courthouse Complex), between Centralia Road $670,000 and Beach Road, Phase II Route 10/I-295 Landscaping $50,000 Route 360 Landscaping, from Route 288 to Swift Creek $70,000 Countywide Gateway Project $220,000 Robioos Road Streetlights, between Huguenot Ro~d and Salisbury Road, $50,000 Phase I Route 360 Streeflights, Old Hundred Road to Woodlake Village Parkway $200,000 Dt~tch Gap Conservation Area Trail and Pedestrian Bridge $150,000 Pocahontas State Park Pedmeter Trail $340,000 Powhite Parkwsy/Route 288 Sight & Sound Barriers, Phase I $1,000,000 Local Match $80,000 $10,000 $94,000 $70,000 $30,000 ATTACHMENT A 000 1.$ 1 Chesterfield County Proposed FY04 Priority Enhancement Projects Walton P ark Road Sidewalk Phase II Genito Road Streetlight~ Cogbill Road Sidevcelk Winchester Green Hallo~y Avenue Sidewalk, Phasa~l A~q-ACH M ENT B 000~8~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.13.b. Subiect= To Set a Public Hearing to Appropriate Additional Funds for the Department of Social Services County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to set a public hearing date of May 28, 2003 to appropriate $523,501 in additional Federal and State funds received from the State Department of Social Services. Summary of Information: The Virginia Department of Social Services has awarded additional funding to Chesterfield-Colonial Heights Department of Social Services for the following programs for FY2003: Auxiliary Grants 30,000 Adoption Subsidy 120,000 Special Needs Adoptions 221,000 VIEW Working and Transitional Day Care 125,000 Adult Services 2,000 Fuel Administration 3,001 Child Day Care-Quality Initiative 22,500 Total $523,501 These funds will be used to purchase The Department. demands. or provide services to customers of The allocations are necessary due to increased program Preparer: Sarah C. Snead Title: Director, Social Services 000i,53 CHESTERFIELD COUNTY BOARD OF SUPERVlSORS AGENDA Page 2 of 2 Meetin~l Date: April 9, 2003 Budget and Manaqement Comments: The Board is requested to set a public hearing to appropriate $523,501 of additional federal and state funds received from the State Department of Social Services. The Transitional Day Care Program requires that the County provide matching funds equal to 10% of $125,000, or $12,500. The County's match will be absorbed within the Department's current budget. Preparer: Rebecca T. Dickson Title: Director, Budqet and Manaqement 000"184 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.C.14.a. Transfer a total of $1,500 from the Bermuda District Improvement Fund to the School Board to Purchase a Video Camera Security System for the Cor~nons Area of Thomas Dale High School County Administrator's Comments: County Administrator: Board Action Requested: Transfer a total of $1,500 from the Bermuda District Improvement Fund to the School Board to purchase a video camera security system for the commons area of Thomas Dale High School. Summary of Information: Mr. McHale has requested that the Board transfer $1,500 from the Bermuda District Improvement Fund to the School Board to purchase a video camera security system for the commons area of Thomas Dale High School to deter theft from the vending machines. The County can legally transfer public funds to the School Board to purchase capital equipment to be used in public school facilities. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Yes Title: Director, Budqet and Manaqement 0425:61125.1 [--~ No Mar THOMSS DRLE HIGH SCHOOL 804'2~86~5G F~OM CHES~IEUD I~.OF SU~ER. TO ~76B6256 DISTRICT IMPROVEMENT FUNDS P, This application must be completed and signed before the County can consider e request for funding wi~h 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 prerJude the County's Board Of Supervisors from even consMering 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 nsture end purDose of the organization? (Also 8ttach organization's mast recent articles of incorporation and/or bylaws to application.) Whet Js the amount of funding you are seeking? Describe in detail the funding request and howl;he money, if approved, will be spent, j~ E;~iL~5 ~ ~-~ L~7l 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 wllJ provide the remainder of the funding? 0407:2338~. ] 000186 Hat' 24 03 O?:SBa IH[Jr'IRS UHLE HI[iH 5L;HUUL I::lU~,/loUiaZbl~ MRR-21-2083 13:20 FRI~ C~STEEFIELD Bd. OF SUPER. TO 9768¢~L-'56 P.03/03 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization nor~-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? Page ,Yes No Yes ~ No.. Yes ~," No ,~ignature of appl;cant. If you are signing on behalf of an organization you must be the president, vice-I~'esid.ent, chairman o~r_~lce- Title (if zigmng on behalf ef an o~JanizatJon) Printed Name TOTRL P. E~ 000187 H~R-24-200~ 08:96 804'TE~BG25~ cj~y, p.[~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.C.14.b. Transfer $31,000 in District Improvement Funds to the Chesterfield County Historical Society for Veterans Memorial Wall/Phase II County Administrator's Comments: County Administrator: Board Action Requested: Transfer $31,000 from District Improvement Funds to the Chesterfield County Historic Society for the Veterans Memorial Wall Project. Summary of Information: The County's Historical Society has been raising funds for the Veterans Memorial Wall Project. The memorial wall will be a masonry wall that will enclose the historic buildings on the Courthouse green. This wall will be similar to walls constructed around other courthouses in Virginia. The wall will permit the erection and/or mounting of plaques recognizing veterans from Chesterfield County. Mr. Baxter Perkinson, Sr., of the Chesterfield Historic Society has secured $42,000 in-kind donations and $40,070.83 in monetary donations. He also requests an additional $31,000 to complete Phase II of the project. Phase II, to be completed later, will enclose the buildings around the backside of the jail and museum side. The Historic Society plans to recognize veterans of foreign and domestic wars. The County is permitted by state statute (Va. Code §15.2-953B) to donate County funds to the Historic Society because it is non-profit organization, which commemorates historic Preparer: Rebecca T. Dickson Attachments: Ycs Title: Director for Budget and Mana.qement 0425:61126.1 # 000!88 [ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 events. The requested amounts from each fund are as Bermuda - $8,000 Clover Hill- $8,000 Midlothian - $5,000 Matoaca - $5,000 Dale $5,000 For information regarding Improvement Fund accounts, please Report. available reference follows: balances in the District the District Improvement Fund OO0 -$9 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 the remainder of the funding? 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 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. sig~nature - Title (if signing on behalf of an organization) Printed Name 000191 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 8.C.14.c. Subiect: Transfer $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to Restore Landscaping on Conte Drive at its intersection with Robious Road, W/lich was Damaged by the Widening of Robious Road County Administrator's Comments: County Administrator: Board Action Requested: Transfer $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to restore landscaping on Conte Drive at its intersection with Robious Road, which was damaged by the widening of Robious Road. Summary of Information: Mr. Barber has requested the Board to transfer $3,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to restore landscaping on Conte Drive at the intersection Robious Road, which was damaged by the widening of Robious Road from Huguenot Road west to Salisbury Drive. The islands in the center of Conte Drive required grade modifications in order to follow the contour of the new raised section of road. A major part of the landscaping in these islands was lost due to the road modifications. The islands are within the public right of Conte Drive. The county may use public funds for landscaping on public property, which improves the public property and benefit the driving public generally. The county cannot, however, make any improvements on such public property which particularly benefits private landowners, such as installing or replacing a Preparer: Rebecca T. Dickson Attachments: Yes Title: Director of Bud.qet and Manaqement 0425:61124.1 #000192 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 subdivision sign. This request for funding to replace damaged landscaping was originally made by the Briarwood Civic Association. Since the County cannot legally make donations of public funds to homeowners' associations, the $3,000 must be transferred to the Parks and Recreation Department and the Department must hire and pay a landscaping contractor directly. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 000193 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. 1. What is the name of the applicant (person or organization) making this funding request? Briar~3od Civic Association (BCA) 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 the application.) BCA works toward the common good of the Briarwood Subdivision. We are located in the Midlothian district of the County. There are no covenants for the community and membership in BCA is strictly voluntary. There are 122 homes in the neighborhood and over 90 percent are members. BCA also serves to unite the citizens and neighbors to promote all civic efforts, which will make the subdivision foster its identity, keeping it aesthetically pleasing so as to maintain property values and make Chesterfield County a better place to live. 3. What is the amount of funding you ars seeking? $6,000 (A copy of a an estimate is enclosed.) 4. Describe in detail the funding request and how the money, if approved, will be spent. The widening of Robious Road (Route 711) from Huguenot Road west to Salisbury Drive from two lanes to four lanes resulted in the loss of the established front entrance on Conte Drive. There were numerous shrubberies, mature trees and other landscaping that was removed when the read was widened. The sign and its foundation and the fencing along both sides of the entrance were removed, as was the lighting for the entrance to the neighborhood. The sign and fencing ware salvaged for future use. The two islands in the center of Conte Drive towards Robious Road required grade modifications in order to follow the contour of the new raised section of road. A major part of the landscaping in these islands was also lost due to this modification. VDOT did not provide BCA with any compensation for these losses. BCA has replaced the foundation and reinstalled the sign and lighting. The cost of this project is $6500.00 and wes partially paid by membership dues of BCA. A separate application for this funding is being submitted. The fencing has not been replaced. The estimated cost of restoring the landscaping in these islands to an aesthetically pleasing condition is $6,000. The BCA requests funds to restore landscaping in these islands. We are prepared to contribute a percentage of the total cost yet ask that you consider this County property that is maintained by the BCA in our effort to promote partnership while maintaining our neighborhood and community pride. Since the Briarwood Subdivision is one of the first subdivisions along the Robious corridor west of Huguenot Road, we feel the entrance should make a favorable impression. 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? The members of BCA will provide the remainder of the funding. The dues of the members were increased to fund these projects. 7. If the applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes Yes Yes 8. What is the address of the applicant making this funding request? Briarwood Civic Association Doug Fauber, President 12120 Murray Hill Drive Midlofhian, VA 23113 9. What is the telephone number, fax number, e-mail addrass of the applicant? 379-1811 (Home) 231-6241 (Office) 231-5455 (Fax) Drfauber~aoLcom Signature '~ Title: President Printed Name: Doug Fauber Date: 30-December-02 000195 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Subiect: Item Number: 8.C.14.d. Transfer $1,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to Purchase and Install Landscaping on Public Property Along the Intersections of Robious Road and Greenfield Drive and Robious Road and Woodmont Drive County Administrator's Comments: County Administrator: Board Action Requested: Transfer $1,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping on public property along the intersections of Robious Road and Greenfield Drive and Robious Road and Woodmont Drive. Summary of Information: Mr. Barber has requested the Board to transfer $1,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to install landscaping for landscape restoration and improvements on VDOT right-of-way at the intersection of Robious Road and Greenfield Drive and the intersection of Robious Road and Woodmont Drive. The Greenfield Community Association initially contacted Mr. Barber with a Community Enhancement Project request to fund this. The County may use public funds for landscaping, which improves the public property and benefits the driving public generally. The County cannot, however, make any improvements on such public property, which particularly benefits private landowners, such as installing or replacing a subdivision sign. In addition, the County cannot legally make donations to homeowners' associations. Therefore, the $1,000 must be transferred to the Parks and Recreation Department and the Department must hire and pay a landscaping contractor directly. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Ycs Title: [--] Director of Budget and Manaqement 0425:61117.1 # 000~.96 I 83/25/2883 12:49 7880985 BCWH M~r ~1 O~ 03:EOp Manacemen~ Service~ eo4-717-~o PAGE 81/18 Community Enhancement Program Project Funding Application Date application submitted: [~ ,,¢~, Z-~, Name of organization(s): ~¢,e~,,,'~et$1 C6,~'~'~1~-7 bis 3. Natur~ of organization(s): Please describe the purpose of your group(s) In relation ~ your org~tions, ~awer ~¢ following question: ~. Is the org~ization a co~oration? I; the org~i~tion no~profit~ I; ~e org~i~tion ~ exempt~ Does your org~i;;tion have B~Laws/~icles oflneo~omtion? 4. Contac~ Pe~on ~K~¢te~ ~. P;~< - Phone numb~ ~M' 730.~1~ DAy: E-mail address C p;p e- ~ bc~ , Proposed Project Title: ~Tt=p.~ 6, Magisterial District(s) in whick proposed pro~e~ will be unde~ken: II:'~GOVT AFFAIRS~Community Enhancement Program\Info & Materials~Application.doc.3/21;2003 Page 2 of 4 000197 03/25/2003 12:49 ?880986 BCWH 804-717-6590 PAGE 82/10 p.4 7. If applicable, lis~ the organlzitions involved with your coalition and each organization's connection to this proposed project: 8. Proposed Project I~scription. Please be specific- describe actual activities/improvements to take place. If the proposed project involves any physical improvemenls, please attach a sketch of' the property showing all improvements including the .location of publ!c propety: 9. The following are the goals of the CEP: A. Promom community wellness and selgsufficiency; B. Promote business wellness md sel~:sufficiency; C. Develop community, neighborhood and busines~ leadership; .~ D. Foster community spirit and pride; E. Demonstrate commitment to plan and provide for the fur,urn,, F. Improve communication and understanding between government. communities, neighborhoods and.businesses; O. Promom private-public partnerships to address community issues, and H. Make better use of taxpayer dollars by addressing problems before they worsen, On a separate sheet, describe how the proposed project meets thc CEP goals. Be specific La the anticipated results or products to be produced by the proposed project. For example, explain how your proposed project will promote community wellness ~d self-sufficiency. I I:~.GOYT AFFAlRg'~Coramu. ity Enhancement Pl'ogramXInfo ~' Materisls'~Appltcation.doc,3?21t'2003 Page 3 O0019S MAR-25-20Z3 1~:82 7880986 97Z P.02 804-?17-G580 PAGE 03/10 10. Have you read the CEP Project Funding criteria described on the first page of this applieati, on? ~ Yes No 11. 'Describe any experience your organization(s) has had in project management: 12. Tot',ti proposed project cost:~ 70~o. 13. Amount ofproposcd CEP Project funding requested: 14. List other sources of funds which wiil be used to complete this projeci: 15. If' the proposed project is funded, how will your organization spend CEP Project funds (please be specific- e.g. what will be purchased): 16. After the proposed project has been completed, what a~e yo~ org~tion's ~tu~ pl~s and projeem? 17. Anticipated project start date: 18. Anticipated project completion date: ~,~,r;I, 7-~3c I-I:~GOYT AFFAIRS'~Cornmunity £nhaneement Pro~ram'~Info & MaterialsXApplication.doc, 3;21/200~ Page 4 Of 4 000 -9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 10.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: Administrator to execute water and/or sewer contracts Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The Board of Supervisors has authorized the County between County and The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0303 Watkins Route 60 Water/Sewer Crossings Watkins Land, LLC R.M.C. Contractors, Incorporated Water Improvements Wastewater Improvements - Midlothian $97,456.00 $94,360.00 Preparer: Craig S. Bryant Title: Director of utilities Attachments: [---] Yes No # oOOZO0 Agenda Item April 9, 2003 Page 2 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 01-0301 VSU Student Housing Virginia State University, A Virginia Non-Stock Corporation S. W. Rodgers Company, Incorporated Water Improvements - Wastewater Improvements - Matoaca Real Estate Foundation $140,794.00 $64,261.00 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0106 Hull Street Road Business Center Hull Street Road, LLC R.M.C. Contractors, Incorporated Water Improvements Wastewater Improvements Dale $22,858.00 $32,105.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0170 Commonwealth Centre Sewer Extension to the Southeast Corner Commonwealth Office, LLC Castle Equipment Corporation Wastewater Improvements - Matoaca $22,260.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 02-0262 The village at Swift Creek - Crowne Apartments Crow-ne at Swift Creek Associates Saiia Construction, LLC Water Improvements Wastewater Improvements - Matoaca $147,133.50 (Private) 000: 0:1. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 9, 2003 Item Number: 10.B. Subiect: Status of General Fund Balance, Reserve for Future Capital District Improvement Fund, and Lease Purchases County Administrator's Comments: Projects, County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator Attachments: Yes ~-~ No # 000~0~ 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 April 9, 2003 DESCRiPTION FY2003 Budgeted Beginning Fund Balance Designate excess revenue (County) for non-recuning items in FY2004 Designate excess expenditures (County) for non-recurring items in FY2004 Designate excess revenue (Schools) for non-recurring items in FY2004 FY02 Results of Operations - Schools unspent General Fund Transfer for non-recurring items in FY2004 FY02 Results of Operations - Parks FY02 Results of Operations - Libraries FY02 Results of Operations - CSA Shortfall AMOUNT (1,712,213) (819,183) (1,852,802) (1,145,159) (150,000) (150,000) (60,300) BALANCE $42,493,947 $40,781,734 $39,962,551 $38,109,749 $36,964,590 $36,814,590 $36,664,59O $36,604,290 000203 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT April 9, 2003 Description Balance 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 Enhancen~nts (MH/MR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/24/2002 Settlen~nt of the Route l0 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Governn~nt 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 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) (50,000) (250,000) (75,000) 8,600,000 (7,277,800) (140,000) 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 O00gO5 Prepared by Accounting Department March 31, 2003 Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 03/03 SCHEDULE OF CAPITALIZED LEASE PURCHASES 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 Certificates of Participation Building Construction, Expansion and Renovation TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 $37,5O9,9O6 PENDING EXECUTION Description None Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 11/23 Outstanding Balance 03/31/03 $13,685,000 11,777 12,805,000 375,029 13,289 11,327 165,915 6,100,000 $33.167.337 Approved Amount 000206 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Closed Meeting Item Number: 10.C. County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed meeting pursuant to § 2.2-3711(A) (7), Code of Virqinia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice relating to Rebecca B. and C. Leland Bassett. Preparer: Steven L. Micas Attachments: ~--] Yes Title: County Attorney 1923: 61214.1 No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin l Date: April 9, 2003 Item Number: 14.A. Subiect: Recognizing Brian Matthew Wood, Gregory Paul Speiran, Andrew Wilson Wagner, and Kevin Donald Davis, all of Troop 800, Sponsored by Bethel Baptist Church, Sean Mendel Nelson, Troop 806, Sponsored by Woodlake United Methodist Church, Mark Adam Stevenson, Troop 829, Sponsored by Saint Matthias' Episcopal Church, Shawn Everett Bennett, Matthew Bryan Altice, Andrew Nicholas Gold, Jason Christopher Emigh, Brenton Chase Miller, Christopher Grant Cubbage, and Brandon Taylor Tibbetts, all of Troop 874, Sponsored by Saint Luke's United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions. Summa~ of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Brian Matthew Wood, Mr. Gregory Paul Speiran, Mr. Andrew Wilson Wagner, and Mr. Kevin Donald Davis, all of Troop 800, Mr. Sean Mendel Nelson, Troop 806, Mr. Mark Adam Stevenson, Troop 829, Mr. Shawn Everett Bennett, Mr. Matthew Bryan Altice, Mr. Andrew Nicholas Gold, Mr. Jason Christopher Emigh, Mr. Brenton Chase Miller, Mr. Christopher Grant Cubbage, and Mr. Brandon Taylor Tibbetts, all of Troop 874, upon attaining rank of Eagle Scout. All will be present at the meeting, accompanied by members of their family, to accept the resolutions. Clover Hill District Gregory Paul Speiran Parents: Gary and Cheryl Dale District Matthew Bryan Altice Parents: Tim and Susan Andrew Wilson Wagner Parents: Doug and Jo Kevin Donald Davis Parents: Paul and Bryn Midlothian District Brian Matthew Wood Parents: Mike and Molly Brenton Chase Miller Glen and Kathy Matoaca District Sean Mendel Nelson Parents: David and Beth Shawn Everett Bennett Parent: Clay Mark Adam Stevenson Parents: Jerry and Beth Matoaca District Cont'd Brandon Taylor Tibbetts Parents: Bruce and Charlene Andrew Nicholas Gold Parents: Rusty and Bonnie Jason Christopher Emigh Parents: David and Virginia Christopher Grant Cubbage Parents: Bruce and Laura Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes ---] No RECOGNIZING MR. BRIAN MATTHEW WOOD 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. Brian Matthew Wood, 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, Brian 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 9th day of April 2003, publicly recognizes Mr. Brian Matthew Wood, 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. 0007-,08, RECOGNIZING MR. GREGORY PAUL SPEIRAN 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. Gregory Paul Speiran, 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, Gregory 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 9th day of April 2003, publicly recognizes Mr. Gregory Paul Speiran, 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. 000209 RECOGNIZING MR. ANDREW WILSON WAGNER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build provide citizenship training and promote physical fitness; and character, 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. Andrew wilson Wagner, 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, Andrew 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 9th day of April 2003, publicly recognizes Mr. Andrew Wilson Wagner, 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. O002:tO RECOGNIZING MR. KEVIN DONALD DAVIS 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. Kevin Donald Davis, 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, Kevin 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 9th day of April 2003, publicly recognizes Mr. Kevin Donald Davis, 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. RECOGNIZING MR. SEAN MENDEL NELSON UPON ATTAINING THE RANK OF EAGLE SCOUT incorporated by Mr. WHEREAS, the Boy Scouts of America was Boyce on February 8, 1910, and was chartered by Congress in 1916; WHEREAS, the Boy Scouts of America was founded to build provide citizenship training and promote physical fitness; and William D. and character, 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 Mendel Nelson, Troop 806, sponsored by Woodlake United Methodist 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 9th day of April 2003, publicly recognizes Mr. Sean Mendel Nelson, 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. O00ZIZ RECOGNIZING MR. MARK ADAM STEVENSON 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. Mark Adam Stevenson, Troop 829, sponsored by Saint Matthias' Episcopal 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, Mark 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 9th day of April 2003, publicly recognizes Mr. Mark Adam Stevenson, 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. RECOGNIZING MR. SHAWN EVERETT BENNETT 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. Shawn Everett Bennett, Troop 874, sponsored by Saint Luke's United Methodist 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, Shawn 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 9th day of April 2003, recognizes Mr. Shawn Everett Bennett, 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. RECOGNIZING MR. MATTHEW BRYAN ALTICE 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. Matthew Bryan Altice, Troop 874, sponsored by Saint Luke's United Methodist 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, Matthew 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 9th day of April 2003, publicly recognizes Mr. Matthew Bryan Altice, 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. O00Z15 RECOGNIZING MR. ANDREW NICHOLAS GOLD 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. Andrew Nicholas Gold, Troop 874, sponsored by Saint Luke's United Methodist 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, Andrew 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 9th day of April 2003, publicly recognizes Mr. Andrew Nicholas Gold, 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. O00Z -6 RECOGNIZING MR. JASON CHRISTOPHER EMIGH 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. Jason Christopher Emigh, Troop 874, sponsored by Saint Luke's United Methodist 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, Jason 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 9th day of April 2003, publicly recognizes Mr. Jason Christopher Emigh, 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. 0002'!7 RECOGNIZING MR. BRENTON CHASE MILLER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William Do 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. Brenton Chase Miller, Troop 874, sponsored by Saint Luke's United Methodist 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, Chase 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 9th day of April 2003, publicly recognizes Mr. Brenton Chase Miller, 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. RECOGNIZING MR. CHRISTOPHER GPJkNT CUBBAGE UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of A/aerica 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. Christopher Grant Cubbage, Troop 874, sponsored by Saint Luke's United Methodist 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, Chris 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 9th day of April 2003, publicly recognizes Mr. Christopher Grant Cubbage, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an o~tstanding young man as one of its citizens. RECOGNIZING MR. BRANDON TAYLOR TIBBETTS 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. Brandon Taylor Tibbetts, Troop 874, sponsored by Saint Luke's United Methodist 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, Brandon 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 9th day of April 2003, publicly recognizes Mr. Brandon Taylor Tibbetts, 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. O00ZZO CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 14.B. Subiect: Recognizing the Contributions of County Administrative Professionals and Proclaiming the Week of April 20, 2003, as "Administrative Professionals Week" and April 23, 2003, as "Administrative Professionals Day" County Administrator's Comments: County Administrator: Board Action Requested: Adopt the "Administrative Professionals Week" resolution at the April 9, Board of Supervisors meeting. 2003, Summary of Information: The attached resolution is to recognize the vital contribution of county administrative professionals and to proclaim the week of April 20, 2003, as "Administrative Professionals Week" and April 23, 2003, as "Administrative Professionals Day" throughout Chesterfield County. Preparer: Karla J. Gerner Title: Director, HRM Attachments: Yes ~-~ No O00ZZ:I- RECOGNIZING APRIL 20-26, 2003, AS "ADMINISTRATIVE PROFESSIONALS WEEK" WHEREAS, executive secretaries, administrative assistants, office managers, and other administrative professionals represent one of the largest segments of the labor force; and WHEREAS, administrative professionals have increased their business contributions in recent years by mastering computer technology and taking vital information management roles; and WHEREAS, a well-trained and fairly workforce is essential to economic success, and compensated administrative both locally and nationally; WHEREAS, the purpose of the International Association of Administrative Professionals is to provide education and training and set standards of excellence; and WHEREAS, the Old Dominion and Tri-Cities Chapters of the International Association of Administrative Professionals, which are active in Chesterfield County and include a number of county employees, support the mission of the national organization by emphasizing the importance of continuing education and building business networks. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9th day of April 2003, publicly recognizes April 20-26, 2003, as "Administrative Professionals Week" and encourages management everywhere to foster professional development opportunities for this critical group of employees. CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 14.C. Subject: Resolution Recognizing L. C. Bird, Clover Hill, James River, Manchester, Matoaca, Meadowbrook, Midlothian, Monacan, Thomas Dale and the Governor's Schools for Providing Drug and Alcohol-Free Post-Prom Parties County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Representatives from each of the schools will be present to accept the resolutions. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Ycs r-~No # 000223 RECOGNIZING L. C. BIRD, CLOVER HILL, JAMES RIVER, MANCHESTER, MATOACA, MEADOWBROOK, MIDLOTHIAN, MONACAN, THOMAS DALE AND THE GOVERNOR'S SCHOOLS FOR PROVIDING DRUG AND ALCOHOL-FREE POST-PROM PARTIES WHEREAS, the two highest risk nights for teens are prom and graduation, with some parents seeming to condone parties where alcohol and drugs are available; and WHEREAS, students need an alternative to drugs and alcohol to which they can and will say ~YES"; and WHEREAS, in 2002, more than 350 schools and communities in Virginia participated in Operation Prom/Graduation's alcohol and drug-free parties for students; and WHEREAS, many parents of Juniors and Seniors at L. C. Bird, Clover Hill, James River, Manchester, Matoaca, Meadowbrook, Midlothian, Monacan, Thomas Dale High and the Governor's Schools, with financial support from the local and surrounding business community, are working to provide alternative ~no alcohol or drugs" parties following the James River and L. C. Bird Proms on April 26; Clover Hill on May 3; Thomas Dale and Matoaca on May 16; Monacan, Midlothian, Manchester and the Governor's School on May 17; and Meadowbrook on May 23; and WHEREAS, communities all over Virginia are reaching out in many ways to their young people with love and concern, encouraging them to ~Celebrate Life." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9~n day of April 2003, publicly declares the weekends of April 26-27, May 3-4, May 16-18, and May 23-24 as ~Drug and Alcohol- Free Among the Teen and Adult Population of Chesterfield County." AND, BE IT FURTHER RESOLVED, that adults be encouraged to provide a positive, no alcohol and drugs example for our youth, particularly at the high-risk times of prom and graduation, in an effort that we not only change lives, but save them. 000 ;84 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: Item Number: 14. D. Adoption of a Resolution Recognizing Mr. William B. Years of Service on the Airport Advisory Board Chandler for His Eleven County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff requests the Board adopt a resolution recognizing Mr. William B. Chandler for his services on the Airport Advisory Board representing the Midlothian District. Summary of Information: See attached Preparer: Attachments: Steven J. Calabro Yes ~ No Title: Director of Aviation Services # RECOGNIZING MR. WILLIAM ~BILLH CHANDLER FOR HIS SERVICE TO THE CHESTERFIELD COUNTY AIRPORT ADVISORY BOARD WHEREAS, Mr. William ~Bill" Chandler represented the Midlothian District as a member of the Chesterfield County Airport Advisory Board from February 14, 1992 to December 2003, serving as chairman in 1994 and 1995; and WHEREAS, privatization future; and Mr. Chandler provided guidance and assistance in the of airport services and airport development into the WHEREAS, Mr. Chandler was of great assistance in protecting the airport from encroachment during the Central Area Plan development; and WHEREAS, the Chesterfield County Airport has been named one of the best reliever airports in the state; and WHEREAS, the continuing growth in airport activities is having a beneficial economic impact on the county. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 9th day of April 2003, publicly recognizes Mr. William ~Bill# Chandler and expresses its sincere gratitude and appreciation for his service to the county as a member of the Chesterfield County Airport Advisory Board representing the Midlothian District. kND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Chandler and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0002; 6 CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 9, 2003 Item Number: 16.A. Subiect: A Public Hearing 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 hold a public hearing 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 F¥2004 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: Billy K. Cannaday, Jr., Ed.D. Attachments: Yes ~-'] No Tithe: Superintendent # I I CHESTERFIELD COUNTY BOARD OFSUPERVISORS 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. O00ZZS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 9, 2003 Budget and Management Comments: This date and time has been scheduled for the Board of Supervisors to hold a public hearing 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 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: Director1 Budget and Management 000Z29 Attachment A Page 1 School Operating Fund Revenue State Sales Tax ($2,513,200) The original State sales tax estimate for FY02 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 Change $ 2,155,300 School Operating Fund ExDenditures 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. 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. Adult 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 Facilities 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. Ail of these are offset by revenue included above. Instruction Fund Balance 62,900 Total Expenditure Change $2,155,300 An Affiliate of Media General P. O~ Bo× 85333 Richmond, Virginia 23293~)00t (804) 649-6000 Account NUm~ I ATTACH Media General Operations, Inc. PubliSher of THE RICHMOND TIM ES~D I SPATCH This islo Certify that the attached TAKE N©TfCETAEE Nf)T)Cl: Richmond NeWspapers, Inc' k! mhdI I State of Virginia, on the fOllowing dates: 04/02/2003 The first inSe~ion bbing give~::.: Newspaper reference: Sworn to and subscribed before me this Notary Public 1367862 SuperviSOr State of Virginia City of Richmond MY commission expires CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 9, 2003 Item Number: 16.B. Subiect: Public Hearing to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services and Authorization to Execute Related Documents County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing to consider the appropriation of up to $12,000,000 from the Department of Medical Assistance Services and authorize the County Administrator to execute the necessary closing documents to 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 form 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: Attachments: [----] Yes No Deputy County Administrator 0425:61147.1 # 000232 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 1.5% of the transaction amount, and pay an amount to cover transaction costs, to the locality. DMAS calculates this fee to total $190,408 that the locality can use for any purpose. The Health Center Commission will use 50% of the actual incentive payment to pay off a portion of the outstanding loan ($1M) with the County. Because this money will have to be appropriated and the amount will exceed $500,000 a public hearing is required by law. Staff also asks the Board to authorize the County Administrator to execute all necessary closing documents, which will be substantially in the form of the documents attached, subject to approval as to form by the County Attorney. Staff also requests the Board to approve the attached closing documents, which are substantially in final form, subject to final revision and approval by the County Attorney, and to authorize the County Administrator to execute all necessary closing documents on behalf of the County. 000233 '[$ ] COUNTY OF CHESTERFIELD COMMONWEALTH OF VIRGINIA Special Revenue Anticipation Note, IGT Series of 2003 The COUNTY OF CHESTERFIELD, VIRGiNIA (the "County"), for value received, hereby promises to pay to WACHOVIA BANK, NATIONAL ASSOCIATION (the "Bank") the principal sum of [$ ] on the __ day of April, 2003, together with interest on said sum as and at the rate set forth below: a. in the event this Note is repaid before the close of the banking day on the date hereof, no interest shall be payable thereon. For purposes of this provision, the term "banking day" shall mean that period from 8:30 a.m. to 4:00 p.m. Eastern Time on any single day on which the Bank is open to conduct its banking business in the Commonwealth of Virginia (the "Commonwealth"); and b. in the event this Note is not repaid before the close of the banking day on the date hereof, interest hereon shall accrue from the date hereof at a rate per annum (computed on the basis of a year of 360 days and twelve 30-day months) equal to six percent (6%). Both the principal of and interest on this note shall be payable in lawful money of the United States of America upon presentation at the office of the Bank located at 1021 East Cary Street, Richmond, Virginia 23219. This Note is authorized and issued in accordance with the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), and pursuant to a resolution (the "Resolution") duly adopted by the Board of Supervisors of the County (the "Board") on ................................ ,March 26, 2003. Reference is hereby made to the Resolution and that Proposal for Purchase, dated as of March __, 2003, from the Bank to the County and the .[I=u~y..-.C-.or-r-Nu~sing-Home]Chesterfield County Health Center Commission (the "Nursing Home") concerning the purchase of the Note by the Bank (the "Proposal") for a complete statement of the terms and conditions of the Note and the rights and limitations of rights of a holder of the Note, all of which are hereby incorporated herein by reference and to all of which the holder hereof by acceptance of this Note assents. This Note is issued under and in accordance with the Act for the purpose of providing funds in the current fiscal year to meet appropriations made in anticipation of the receipt by the County of revenues, consisting of reimbursements to be made by the Commonwealth under and pursuant to an Enhanced Payment Contract, dated April __, 2003, bet;veen the Commonwealth and the Nursing Home and transferred to the County by the Nursing Home pursuant to a Funds Transfer Agreement, dated April __, 2003 (the "Funds Transfer Agreement") between the County and the Nursing Home. This Note is a limited obligation of the County and the principal of and interest, if any, on this Note are payable solely from the revenues received by the County from the Funds 000Z84 Transfer Agreement and secured by the pledge of, security interest in, and lien and charge upon, the amounts on deposit in the County Account established with the Bank under the Funds Transfer Agreement, as provided in the Proposal. No recourse shall be had for the payment of the principal of or interest on this Note, or for any claim based hereon or on the Resolution, against any member, officer or employee, past, present or future, of the Board or of any successor body, either directly or through the governing body of the County or such successor body, under any constitutional provision, statute or rule of law, or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise and all such liability of such members, officers or employees is released as a condition of, and as consideration for, the issuance of this Note. It is hereby certified that all acts, conditions and things required by the Virginia Constitution and the Act to exist, to have happened or to have been performed to render this Note valid and obligatory exist, have happened and have been performed in regular and due time, form and manner as so required. IN WITNESS WHEREOF, the County has caused this Note to be executed by the manual signature of the County Administrator, its seal to be hereunto affixed and the same attested by the Clerk of the County, all as of the day of April, 2003. [SEAL] COUNTY OF CHESTERFIELD, VIRGINIA Attest: By: Clerk, County of Chesterfield, Virginia By: County Administrator, County of Chesterfield, Virginia #1141934v42 -2- 000 35 Document comparison done by DeltaView on Monday, March 24, 2003 08:44:20 Document 1 Document 2 Rendering set Insertion Deletion Moved-from Moved to Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Count Insertions 3 Deletions 3 Moved from Moved to Format changed 0 Total changes I 6 1145680 0OO2,36 PROPOSAL FOR PURCHASE OF $ COUNTY OF CHESTERFIELD, VIRGINIA SPECIAL REVENUE ANTICIPATION NOTE IGT SERIES OF 2003 As of March ~ 2003 County of Chesterfield Chesterfield, Virginia Attention: County Administrator [Lucy Co= Nurse. rig I4om~ [Chesterfield] Coun .ty Health Center Commission Chesterfield, Virginia Attention: [Chairman] Ladies and Gentlemen: On the terms and subject to the conditions set forth herein, Wachovia Bank, National Association, acting through its offices located at 1021 East Cary Street, Richmond, Virginia ("Bank"), hereby proposes to purchase the $ Special Revenue Anticipation Note, IGT Series of 2003 (the "Note") of the County of Chesterfield, Virginia (the "County"). Subject to the terms and conditions set forth herein, the Bank shall purchase the Note for a purchase price equal to 100% of the principal amount thereof (the "Purchase Price") on any day on ~vhich the Bank is generally open to conduct its banking business in the Commonwealth of Virginia (the "Commonwealth"), which is subsequent to the date on which the conditions to purchase set forth below have been fulfilled to the satisfaction of the Bank but prior to the Expiration Date identified below (said date the "Closing Date"). The Purchase Price shall be settled and paid by the Bank on the Closing Date by a deposit of the Purchase Price in immediately available funds into the County Account established by the Bank on behalf of the County pursuant to, and as defined in, the Intergovernmental Transfer Agreement identified below. Certain capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Intergovernmental Transfer Agreement. The County shall use the gross proceeds of the Purchase Price so deposited solely to make the Intergovernmental Transfer as contexnplated by the Intergovernmental Transfer Agreement. The Bank shall not be obligated to purchase the Note after April __, 2003 (the "Expiration Date"). The Note shall (i) be dated the date of delivery, (ii) mature on April __, 2003, (iii) bear interest at the rate of six percent (6.00%) per annum, except that no interest shall be payable on the Note if the principal of the Note is repaid by 4:00 p.m. Eastern Time on the Closing Date, and (iv) otherwise be subject to the terms and conditions and substantially in the form of Note attached as Exhibit A to this proposal. In consideration of the Bank's purchase of the Note, the County shall cause to be paid to the Bank a fee in an amount equal to ten basis points multiplied by the amount of the Note, to the extent that funds are available in the County Account to settle said fee. Said fee shall be due and payable on the Closing Date. All payments of principal, interest and other amounts due hereunder or under the Note shall be due and payable at 4:00 P.M., Eastern Time, on the day when due. Such payments shall be made to the Bank at its office in Richmond, Virginia in United States dollars in immediately available funds without setoff, counterclaim or other deduction of any nature. The obligation of the County to repay the principal amount of the Note, together with interest thereon, and to pay the fees and other amounts payable to the Bank hereunder and under the Note, shall be secured by, and, by its signature below, the County hereby grants tn and creates in favor of the Bank, a security interest under the Uniform Commercial Code in effect in the Commonwealth (the "UCC") in, all right, title and interest of the County in and to the County Account. This agreement shall constitute a security agreement between the County and the Bank. If requested or deemed advisable by the Bank, the County shall cause financing statements to be filed, in such manner and at such places as may be required by the Bank, to fully protect and preserve the security interest of the Bank, and from time to time shall perform or shall cause to be performed any such other or further acts as may be required by the Bank, and shall execute or cause to be executed any and all such other or further instruments or documents as may be required by the Bank, for such protection or preservation of such security interest. The obligation of the County to repay the principal amount of the Note, together ~vith interest thereon, and to pay the fees and other amounts payable to the Bank hereunder and under the Note, shall be further secured by, and, by its signature below, the [Lu~Corr4~inrsing-llome]Chesterfield County Health Center Commission (the "Nursing Home"), hereby grants to and creates in favor of the Bank, a security interest under the UCC in, all right, title and interest of the Nursing Home in and to the Nursing Home's Facility Account at the Bank. This agreement shall constitute a security agreement between the Nursing Home and the Bank. If requested or deemed advisable by the Bank, the Nursing Home shall cause financing statements to be filed, in such manner and at such places as may be required by the Bank, to frilly protect and preserve the security interest of the Bank, and from time to time shall perform or shall cause to be performed any such other or further acts as may be required by the Bank, and shall execute or cause to be executed any and all such other or further instruments or documents as may be required by the Bank, for such protection or preservation of such security interest. The Nursing Home's obligations with respect to the Note and the payment thereof are limited to the transfer to the County of the funds received from the Commonwealth under the Enhanced Payment Contract (as hereinafter defined) and the granting of the security interest in ~he Facility Account. The Bank's proposal to purchase the Note is conditioned upon its receiving on or before the Closing Date: (1) the Note, duly authorized, executed and delivered by the County; (2) a general certificate of the County in a form satisfactory to the Bank, which shall have attached as exhibits a true and correct copy of the resolution approving the Note and this proposal and any other duly adopted resolutions of the County Bom'd of Supervisors incidental to the transactions herein contemplated; (3) an opinion of Covington & Burling with respect to the enhanced payments and Intergovernmental Transfer Agreement; (4) a general certificate of the Nursing Home in a form satisfactory to the Bank, which shall have attached as an exhibit a true and correct copy of the resolution adopted by the Nursing Home with respect to the transactions herein contemplated; and (5) if required by the Bank, evidence of such filing of the financing statements as the Bank may deem necessary or appropriate to perfect and/or protect its security interest in and to the County Account and the Facility Account and the amounts from time to time on deposit therein. The Bank's proposal to purchase the Note shall be further subject to the following additional conditions precedent to be fulfilled to the satisfaction of the Bank on or before the Closing Date: (i) (ii) Receipt and approval by Bank and Bank Counsel of all transaction documents; The Commonwealth and the County, respectively, shall have irrevocably delivered to the Bank an original executed copy, in form and substance satisfactory to it, of 2 000 35 the Commonwealth's and the County's Transfer Orders identified in the Intergovernmental Transfer Agreement; (iii) No action, suit or other proceeding shall be pending or threatened enjoining or seeking to enjoin or otherwise challenging any party's participation in the transactions contemplated by this agreement or the Note (including the issuance and delivery of the Note on such date or the County's repayment thereof as contemplated hereby and by the Note) or otherwise adversely affecting the County's performance of any of its obligations hereunder or under the Note or the Nursing Home's performance of any of its obligations hereunder. Unless all applicable conditions precedent to the Bank's purchase of the Note have been fulfilled on or before the Expiration Date, the Bank's proposal evidenced hereby shall automatically terminate on the Expiration Date without notice to the County. Upon the termination of this proposal, the Bank shall have no further obligation to the County, including any obligation to purchase the Note. To the extent permitted by la,v, the County agrees to pay or cause to be paid and to save the Bank harmless against liability for the paytnent of all reasonable out-of-pocket expenses, including but not limited to reasonable fees and expenses of counsel for the Bank, incurred by the Bank from time to time arising in connection with the Bank's enforcement or preservation of its rights against the County or the Nursing Home hereunder or under the Note or under any such documents or instruments, including, but not limited to, such expenses as may be incurred by the Bank in the collection of any principal or interest due under the Note, in each case only to the extent that funds are available in the County Account or the Facility Account to settle any such fees and expenses. All notices required or permitted hereunder or under the Note shall be deemed to have been sufficiently given if mailed by certified mail, return receipt requested, delivered in person or by nationally recognized courier service, to the following addresses: If to the Bank: Wachovia Bank, National Association 1021 East Cary Street Richmond, Virginia 23219 Attention: Richard Grattan Senior Vice President Government and Institutional Banking If to the County: County of Chesterfield, Virginia 9901 Lori Road Chesterfield, Virginia 23832 Attention: County Administrator If to the Nursing Home: Center Commission [Lt~C~rr Nursing-Home]Chesterfield County Health 6800 Lucy Corr Boulevard ~Chesterfield], Virginia .................... 23832 Attention: [Chairman] No provision of this agreement may be amended or waived except in writing signed by the Bank, the Nursing Home and the County. No provision of the Note may be amended or waived except in writing signed by the Bank and the County: Without the prior written consent of the Bank, which consent will not be unreasonably withheld, (i) the County will not agree or consent to any amendment or waiver of any provision of the Intergovernmental Transfer Agreement or the Funds Transfer Agreement, dated April __, 3 000239 2003 (the "Funds Transfer Agreement"), between the County and the Nursing Home or any document or agreement referred to herein or therein to which the County is a party and (ii) the Nursing Home will not agree or consent to any amendment or waiver of any provision of the Funds Transfer Agreement or the Enhanced Payment Contract, dated April __, 2003 (the "Enhanced Payment Contract"), between the Nursing Home and the Commonwealth (acting through the Department of Medical Assistance Services) or any document or agreement referred to herein or therein to which the Nursing Home is a party. This agreement shall benefit and burden the parties hereto and their respective successors and assigns, and no party may assign its rights or obligations hereunder or under the Note without the prior written consent of the other parties hereto. This agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original and all such counterparts shall together constitute but one and the same instrument. This agreement and the Note shall be governed by and construed in accordance with the laws of the Commonwealth. "Intergovernmental Transfer Agreement", as used herein, means that certain Intergovernmental Transfer Agreement, dated April __, 2003 between the County and the Commonwealth through the Secretary of Health and Human Resources. Time is of the essence of this proposal and of all transactions contemplated hereby. If the foregoing is acceptable to you, please so indicate by signing in the space belo~v? whereupon this will become a binding agreement betxveen us~ Very truly yours, WACHOVIA BANK, NATIONAL ASSOCIATION By: Richard Grattan, Senior Vice President Acknowledged, accepted and agreed, the undersigned intending to be legally bound: COUNTY OF CHESTERFIELD, VIRGINIA By: County Administrator [LUC¥-CORR-.NURStNG :I~IOMF=~ Chesterfield County Health Center Commission By: [Chairman] 4 000~40 1141933v12 000~41 Document comparison done by DeltaView on Monday, March 24, 2003 08:46:01 ~)ocument 1 3ocument 2 :tendering set Insertion Moved from ~ved.tQ Format change Moved detetion Inse~ed cell Deleted cell SpliFMerged cell ;Padding cell Count Insertions 8 Deletions 16 Moved from 0 Moved to 0 Format changed 0 Total changes I 24 1145682 O00Z4Z FUNDS TRANSFER AGREEMENT between the [FACILITYI and [COUNTY] This FUNDS TRANSFER AGREEMENT (the "Agreement"), dated as of April 10, 2003, by and between the [FACILITY] (the ~;Facility"), a public non-State nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), and the [COUNTY] (the "County"), is for the purpose of facilitating an intergovernmental transfer of funds to the Commonwealth from the County in order to qualify the Facility for receipt of enhanced payments for services provided to Medicaid-eligible residents pursuant to the State Plan Amendment described below. WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA 00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation was approved June 4, 2001 with an effective date of January 27, 2001 (the "State Plan Amendment"); and WHEREAS, a Qualified Public Provider is a nursing facility, owned or operated by a local government, that meets the specifications of the State Plan Amendment, including but not limited to the specification that its local government has entered into an Intergovernmental Transfer Agreement with the Commonwealth; and WHEREAS, the Facility seeks to qualify as a Qualified Public Provider for purposes of the State Plan Amendment in order to receive enhanced payments from the Commonwealth for services provided to Medicai&eligible residents; and WHEREAS, the Facility has approved this Agreement, authorized the creation of an account (the "Facility Account") at Wachovia Bank, National Association (the "Bank") and authorizing [NAME], [TITLE], to execute this Agreement and any other documents or instruments necessary to consummate the transactions contemplated hereby; and WHEREAS, a resolution has been adopted by the County approving this Agreement, authorizing the creation of an account (the "County Account") in the Bank for receipt of funds from the Facility to the County and authorized [NAME], [TITLE], to execute this Agreement and any other documents or instruments necessary to consummate the transactions contemplated hereby. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Facility and the County, as follows: SECTION 1. Immediately upon receipt of the enhanced payment it receives from the Comxnonwealth in the amount of $ pursuant to the Enhanced Payment Contract DC: 691878-2 03/26/03 000 143 entered into between the Commonwealth, through the Department of Medical Assistance Services ("DMAS"), and the Facility, in accordance with the State Plan Amendment, the Facility shall transfer to the County a sum equal to the enhanced payment. SECTION 2. The County shall deposit the amount received from the Facility pursuant to this Agreement into the County Account. SECTION 3. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. SECTION 4. Any notice or other communication to be given under this Agreement may be given by delivering the same in writing: (A) To the FACILITY: [NAME] [TITLE] [ADDRESS] (B) To the COUNTY: [NAME] [TITLE] [ADDRESS] 2 000 44 In witness whereof, the parties hereto have caused this Agreement to be executed by their duly amhorized officer all as of the day and year first written above. [FACILITY] By: [NAME] [TITLE] [FACILITY] [COUNTY] By: [NAME] [TITLE] 00'0Z45 ;FER AGREEMENT between the COMMONWEALTH OF VIRGINIA, through the Secretary of Health and Human Resources, and [COUNTY] This INTERGOVERNMENTAL TRANSFER AGREEMENT (the "Agreement"), dated as of ,2003, by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth"), through the Secretary of Health and Human Resources ("Secretary"), and the [COUNTY] (the "County"), provides for an intergovernmental transfer of funds to the Commonwealth from the County in order to qualify the [FACILITY] (the "Facility"), a public non-state nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), for receipt of an enhanced payment for services provided to Medicaid- eligible residents. WHEREAS, the Department of Medical Assistance Services ("DMAS") is a Department of the Commonwealth of Virginia responsible for operating the State's Medicaid program pursuant to the approved State Medicaid plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, the County wishes to make an intergovernmental transfer to the Commonwealth in the manner contemplated by the State Plan Amendment in order that the Facility can qualify for an enhanced payment for services provided to Medicaid-eligible residents; and WHEREAS, a resolution has been adopted by the County approving this Agreement, authorizing the creation of an account (the "County Account") in Wachovia Bank, National Association (the "Bank") for receipt of funds from the Facility, authorizing [COUNTY OFFICIAL] to execute this Agreement, the Order to the Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, and any other documents or instruments necessary to consummate the transactions contemplated hereby; and WHEREAS, the Commonwealth, through the State Treasurer, will execute an Order to the Bank in the form of Exhibit B hereto identifying an existing account in the Bank (the "Common;vealth Account") for receipt of funds from the County and has provided for DMAS to direct the distribution of funds from the Commonwealth Account. 000246 DC: 692230-2 03/26/03 NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the County, as follows: SECTION 1. The County shall make an intergovernmental fund transfer from the County Account to the Commonwealth Account in the mount of $ in accordance with this Agreement. The obligation to make the transfer of funds is contingent upon receipt by the Bank of irrevocable instructions from DMAS instructing the Bank to effect an enhanced payment pursuant to the Enhanced Payment Contract of even date herewith between the Facility and DMAS, which shall be attached to such instructions. The obligation of the County to make such transfer is also contingent on the County being advised that DMAS has provided irrevocable instructions to the Bank, in the form set forth in Exhibit C instructing it to transfer amounts to the County Account to cover costs and fees relating to the borrowing of funds necessary to effectuate the transaction. SECTION 2. The transfer pursuant to this Agreement will be made immediately upon receipt of notification from the Bank of its receipt of irrevocable instructions from DMAS to implement the enhanced payment pursuant to the Enhanced Payment Contract of even date herewith entered into between the Facility and DMAS. SECTION 3. The County shall bear its costs associated with the transactions contemplated by this Agreement; except that the Commonwealth will provide a payment to the County to cover its costs and fees relating to the borrowing of funds necessary to effectuate the transaction, and the Con~nonwealth will reimburse the County for any intecst or bank costs incurred specifically as a resut ora delay between the receipt of the payment fi-om the County to the Commonwealth pursuant to this Agreement and the issuance of the enhanced payment from the Commonwealth to the Facility pursuant to the Enhanced Payment Contract. SECTION 4. The County shall have no obligation of payment with respect to this Agreement other than as specified in sections 1 and 3 above. The Commonwealth will indemnify and hold the County harmless for any claims by any entity, including governmental entities, for reimbursements, repayment or recovery of funds based on the transactions covered by this Agreement. As such, the Commonwealth agrees to assume the cost of defending the County, including any related audit or legal fees, upon timely notice of such claims. SECTION 5. Any notice or other communication to be given under this Agreement may be given by delivering the same in writing: (A) To the Commonwealth: Jane H. Woods Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 with a copy to: JodyM. Wagner 2 000247 State Treasurer Department of Treasury 101 North 14th Street Richmond, VA 23218 (B) To the COUNTY: [NAME] [TITLE] [COUNTY] [ADDRESS] SECTION 6. The rights and obligations of the parties under this Agreement shall not be assigned by any party. SECTION 7. Neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. SECTION 8. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of ~vhich when so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of xvhich taken together shall constitute one and the same agreement. 000245 In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized officer all as of the day and year first written above. COMMONWEALTH OF VIRGINIA, THROUGH THE SECRETARY OF HEALTH AND HUMAN RESOURCES By: Jane H. Woods, Secretary of Health and Human Resources [COUNTY] By: [NAME] [TITLE] EXHIBIT A ORDER OF COUNTY TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE INTERGOVERNMENTAL TRANSFER AGREEMENT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Secretary of Health and Human Resources and the [COUNTY] _,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H.Grattan Ladies and Gentlemen: You have been designated to serve as banker pursuant to the terms of an Intergovernmental Transfer Agreement (the "Agreement") between the Commonwealth of Virginia through the Secretary of Health and Human Resources (the "Commonwealth") and the [COUNTY] (the "County"), a copy of which has been furnished to you for your review. For the purposes of the Agreement, the parties have each identified or established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"). The County's Account is No. (the "County Account"). Your bank has agreed to lend funds to the County pursuant to the County's Special Revenue Anticipation Note to enable the County to qualify the [FACILITY] (the "Facility") as a qualified public provider under the Virginia Medical Assistance ("Medicaid") Program. The Facility has established an account with you for purposes of receiving an Enhanced Payment from the Commonwealth. The Facility's Account is No. (the "Facility Account"). You are hereby instructed as follows: (1) immediately following receipt of irrevocable instructions from the Department of Medical Assistance Services ("DMAS") to effect an enhanced payment to the Facility pursuant to the Enhanced Payment Contract, the Bank shall distribute the proceeds of the loan to the County by deposit of immediately available funds into the County Account in an amount equal to $ 5 OOOg$O (2) immediately following such deposit, an amount equal to such deposit shall be transferred from the County Account to the Commonwealth Account pursuant to the Agreement. (3) the Facility shall direct transfer of $ to the County pursuant to the Funds Transfer Agreement of same date herewith between the Facility and the County; those funds should be deposited into the County Account. (4) immediately following receipt of the funds pursuant to the Funds Transfer Agreement, an amount equal to $ shall be transferred from the County Account to the Bank in order to pay off the Special Revenue Anticipation Note. The foregoing instructions are irrevocable and unconditional. Yours very truly, [COUNTY] BY: [NAME], [TITLE] 6 00025& EXHIBIT B LETTER OF INSTRUCTION OF STATE TREASURER AUTHORIZING DISTRIBUTION OF FUNDS DEPOSITED IN THE COMMONWEALTH ACCOUNT PURSUANT TO THE iNTERGOVERNMENTAL TRANSFER AGREEMENT ,2003 Between the Commonwealth of Virginia, Through the Secretary of Health and Human Resources, and the [COUNTY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: You have becn designated to serve as banker pursuant to the terms of an Intergovernmental Transfer Agreement (the "Agreement") between the Commonwealth of Virginia through the Secretary of Health and Human Resources (the "Commonwealth") and the [COUNTY] (the "County"), a copy of which has been furnished to you for your review. For the purposes of the Agreement, the parties have each identified or established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"), and will be credited with a payment from the County in the amount of $ pursuant to the Agreement. In addition, the Commonwealth Account may be debited in the amount $ based upon an existing appropriation of the Department of Medical Assistance Services and warrants issued from the State Controller in a corresponding amount. The County's Account is No. (the "County Account"). You are hereby instructed that the Director of the Department of Medical Assistance Services (the "Director") is hereby authorized to distribute sufficient funds deposited into the Commonwealth Account to effect the following two payments. (1) The Director shall initiate the distribution of funds by an irrevocable letter of instruction to you pursuant to the Enhanced Payment Contract of even date herewith between the [FACILITY] and the Department of Medical Assistance Services, which shall be attached to such instructions. The irrevocable letter of instruction shall direct an enhanced payment in the amount of $ to the Facility Account. (2) The Director is further authorized to and shall instruct you as to the distribution of funds in the amount of $ from the Commonweath Account to the County Account to cover the County's banking fees. 7 000252 The foregoing instructions are irrevocable and unconditional Sincerely, COMMONWEALTH OF VIRGINIA, DEPARTMENT OF THE TREASURY By: Jody M. Wagner, State Treasurer s 000258 EXHIBIT C DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO THE BANK TO FORWARD AMOUNTS TO THE [County] TO COVER TRANSACTION COSTS ASSOCIATED WITH THE INTERGOVERNMENTAL TRANSFER AGREEMENT Dated as of [Date] Between the Commonwealth of Virginia, Through the Secretary of Health and Human Resources, and the [County] [Date] Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: You have been instructed by letter of this date to transfer certain funds from the Common~vealth Account, No. , to the Facility Account, No. , pursuant to the Enhanced Payment Contract between the Commonwealth and the [Facility]. Immediately following that transfer you are instructed to transfer funds in the amount of $ from the Commonwealth Account, No. __, to the County Account, No. , to cover some of the City's costs associated ~vith the transfer pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the Secretary of Health and Human Resources, and the [County] dated [Date]. The foregoing instructions are irrevocable and unconditional. Sincerely, COMMON WEALTH OF VIRGINIA, DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Patrick W. Fiunerty, Director 9 00(]}~54 ENHANCED PAYMENT CONTRACT between the COMMONWEALTH OF VIRGINIA, through the Department of Medical Assistance Services, and [FACILITY] This ENHANCED PAYMENT CONTRACT (the "Contract") dated as of , 2003, by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth"), through the Department of Medical Assistance Services ("DMAS"), and [FACILITY] ("the Facility"), a public non-state nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), is for the purpose of facilitating an enhanced payment to the Facility for services provided to Medicaid-eligible residents. WHEREAS, DMAS is a Department of the Commonwealth responsible for operating the State's Medicaid program pursuant to the approved State Medicaid plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, a Qualified Public Provider is a local government nursing facility that meets the specifications of the State Plan Amendment, including but not limited to the specification that its local government has entered into an Intergovernmental Transfer Agreement with the Commonwealth; and WHEREAS, the Facility has authorized the creation of an account (the "Facility Account") in Wachovia Bank, National Association (the "Bank") for receipt of an enhanced payment from DMAS, authorized [FACILITY REPRESENTATIVE] to execute this Contract, an Order to the Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, a letter instructing DMAS to deposit the provider's enhanced payment into the Facility Account in the form of Exhibit B, and any other documents or instruments necessary to consummate the transactions contemplated hereby. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the Facility, as follows: SECTION 1. Contingent upon and immediately following the transfer of funds from the County to the Commonwealth pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the Secretary of Health and Human Resources, and the [COUNTY], DMAS will make an enhanced payment to the Facility in the amount of $ SECTION 2. The enhanced payment to the Facility will be deposited by DMAS into the Facility Account in accordance with letter instructions to that effect given by the Facility to DMAS in the form of Exhibit B, and pursuant to instructions to the Bank by DMAS in the form DC: 692226-2 03/26/03 O 0 0 2 5 5 of Exhibit C. The Facility will provide a Transfer Order, in the form of Exhibit A, instructing the Bank as to the disposition of the enhanced payments deposited by DMAS. SECTION 3. DMAS will indemnify and hold the Facility harmless for any claims by any entity, including governmental entities, for reimbursement, repayment or recovery of funds based on the transactions covered by this contract. As such, DMAS agrees to assume the cost of defending the Facility, including any related audit or legal fees, upon receipt of timely notice of such claims. SECTION 4. Any notice or other communication to be given under this Contract may be given by delivering the same in writing: (A) To the COMMONWEALTH: Patrick W. Firmerty Director Department of Medical Assistance Services 600 East Broad Street Richmond, VA 23219-1800 with a copy to: Jane H. Woods Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 (B) Tothe FACILITY: [NAME] [POSITION] [FACILITY] [ADDRESS] SECTION 5. The rights and obligations of the parties under this Contract shall not be assigned by any party. SECTION 6. Neither this Contract nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. SECTION 7. This Contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. 000 $6 In witness whereof, the parties hereto have caused this Contract to be executed by their duly authorized officer all as of the day and year first written above. COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Patrick W. Finnerty Director, Department of Medical Assistance Services [FACILITY] By: [NAME] [TITLE], [FACILITY] EXHIBIT A ORDER OF QUALIFIED PUBLIC PROVIDER TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Tb2-ough the Department of Medical Assistance Services, and [FACILITY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: You have been designated to serve as banker pursuant to thc terms of an Enhanced Payment Contract (the "Contract") between the Commonwealth of Virginia, through the Department of Medical Assistance Services (the "Commonwealth"), and [FACILITY] (the "Facility"), a copy of which has been furnished to you for your review. For the purposes of the Contract, the parties have each identified or established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"). The Facility's Account is No. (the "Facility Account"). The [COUNTY] has also established an account with you pursuant to the Intergovernmental Transfer Agreement of even date herewith between the Commonwealth and the [COUNTY]. The County's Account is No. (the "County Account"). You are hereby authorized and directed on [DATEJ to receive from the Commonwealth Account the sum of $ (the "enhanced payment"), and deposit the enhanced payment into the Facility Account. Immediately following such deposit, the entirety of the Facility Account balance shall be transferred to the County Account pursuant to the Funds Transfer Agreement of even date herewith between the County and the Facility, a copy of which has been furnished to you for your review. Such transfers shall be made by electronic transfer ("EFT") and the entire transaction shall occur within one bamking day. 4 OOO2~S The foregoing instructions are irrevocable and unconditional. Yours very truly, [FACILITY] BY: [NAME] [TITLE], [FACILITY]. 000259 EXHIBIT B ORDER OF QUALIFIED PUBLIC PROVIDER TO THE DIRECTOR OF MEDICAL ASSISTANCE SERVICES PROVIDING FOR DEPOSIT OF FUNDS PURSUANT TO THE ENHANCED PAYMENT CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services, and the [FACILITY] ,2003 Patrick W. Finnerty Director Virginia Department of Medical Assistance Services 600 East Broad Street Richmond, VA 23219-1800 Re: Medicaid Enhanced Payments Dear Mr. Finnerty: The Medicaid enhanced payment to [FACILITY] pursuant to the Enhanced Payment Contract between the Commonwealth of Virginia, through the Department of Medical Assistance Services and the [FACILITY], dated [DATE], in implementation of State Plan Amendment 00- 11, should be deposited to Account No. (the "Facility Account") at Wachovia Bank, National Association by electronic transfer. The foregoing instructions are irrevocable and unconditional. Sincerely, [FACILITY] BY: [NAME] [POSITION], [FACILITY] 0002(;0 EXHIBIT C DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO BANK TO TRANSFER FUNDS PURSUANT TO THE ENHANCED PAYMENT CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services, and the [FACILITY] _,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: I hereby instruct you to transfer funds in the mount of $ Commonwealth Account, No. , to the Facility Account, No. [DATE], pursuant to the conditions in the Enhanced Payment Contract between the Commonwealth and [FACILITY]. The foregoing instructions are irrevocable and unconditional. from the Sincerely, COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES on By: Patrick W. Finnerty, Director 7 OOO2~'~1 FUNDS TRANSFER AGREEMENT between the [FACILITY] and [COUNTY] This FUNDS TRANSFER AGREEMENT (the "Agreement"), dated as of April 10, 2003, by and between the [FACILITY] (the "Facility"), a public non-State nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), and the [COUNTY] (the "County"), is for the purpose of facilitating an intergovernmental transfer of funds to the Commonwealth from the County in order to qualify the Facility for receipt of enhanced payments for services provided to Medicaid-eligible residents pursuant to the State Plan Amendment described below. WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA 00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation was approved June 4, 2001 with an effective date of January 27, 2001 (the "State Plan Amendment"); and WHEREAS, a Qualified Public Provider is a nursing facility, owned or operated by a local government, that meets the specifications of the State Plan Amendment, including but not limited to the specification that its local government has entered into an Intergovernmental Transfer Agreement with the Commonwealth; and WHEREAS, the Facility seeks to qualify as a Qualified Public Provider for purposes of the State Plan Amendment in order to receive enhanced payments from the Commonwealth for services provided to Medicaid-eligible residents; and WHEREAS, the Facility has approved this Agreement, authorized the creation of an account (the "Facility Account") at Wachovia Bank, National Association (the "Bank") and authorizing [NAME], [TITLE], to execute this Agreement and any other documents or instruments necessary to consummate the transactions contemplated hereby; and WHEREAS, a resolution has been adopted by the County approving this Agreement, authorizing the creation of an account (the "County Account") in the Bank for receipt of funds from the Facility to the County and authorized [NAME], [TITLE], to execute this Agreement and any other documents or instruments necessary to consummate the transactions contemplated hereby. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Facility and the County, as follows: SECTION 1. Immediately upon receipt of the enhanced payment it receives from the Commonwealth in the amount of $ pursuant to the Enhanced Payrr, ent Contract DC: 691878-3 03/26/03 entered into between thc Commonwealth, through the Department of Medical Assistance Services ("I)MAS"), and thc Facility, in accordance with the State Plan Amendment, the Facility shall translkr to the Connty a sum equal to thc enhanced payment. SECI'ION 2. The County shall deposit thc amonnt received from the Facility pursuunt to this Agreement into the County Account. SECTION 3. This Agreement may bc executed in any number ol'counterparts and by different parties hereto in separate countcqgarts, each or' which when so executed shall be deemed to bc an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and thc same agreement. SECTION 4. Any notice or other communication to be given under this Agrccmcnt may bc given by delivering the same in xxriling: (A) '[o thc FACILITY: [NAME] [TITLEI [ADDRESS 1 (B) 1o thc COUNTY: [NAM ~; I [r~TtFd [A~)D~SS] In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized officer all as of the day and year first written above. [FACILITY] By: [NAME] [TITLE] [FACILITY] [COUNTY] By: [NAME] [TITLE] TRANSFER AGREEMENT between the COMMONWEALTH OF VIRGINIA, through the Secretary of Health and Human Resources, and [COUNTY] This INTERGOVERNMENTAL TRANSFER AGREEMENT (the "Agreement"), dated as of ,2003, by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth"), through the Secretary of Health and Human Resources ("Secretary"), and the [COUNTY] (the "County"), provides for an intergovernmental transfer of funds to the Commonwealth from the County in order to qualify the [FACILITY] (the "Facility"), a public non-state nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), for receipt of an enhanced payment for services provided to Medicaid- eligible residents. WHEREAS, the Department of Medical Assistance Services ("DMAS") is a Department of the Commonwealth of Virginia responsible for operating the State's Medicaid program pursuant to the approved State Medicaid plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, the County wishes to make an intergovernmental transfer to the Commonwealth in the manner contemplated by the State Plan Amendment in order that the Facility can qualify for an enhanced payment for services provided to Medicaid-eligible residents; and WHEREAS, a resolution has been adopted by the County approving this Agreement, authorizing the creation of an account (the "County Account") in Wachovia Bank, National Association (the "Bank") for receipt of funds from the Facility, authorizing [COUNTY OFFICIAL] to execute this Agreement, the Order to the Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, and any other documents or instruments necessary to consummate the transactions contemplated hereby; and WHEREAS, the Commonwealth, through the State Treasurer, will execute an Order to the Bank in the form of Exhibit B hereto identifying an existing account in the Bank (the "Commonwealth Account") for receipt of funds from the County and has provided for DMAS to direct the distribution of funds from the Commonwealth Account. DC: 692230-3 03/26/03 000 65 NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the County, as follows: SECTION 1. The County shall make an intergovernmental fund transfer from the County Account to the Commonwealth Account in the amount of $ in accordance with this Agreement. The obligation to make the transfer of funds is contingent upon receipt by the Bank of irrevocable instructions from DMAS instructing the Bank to effect an enhanced payment pursuant to the Enhanced Payment Contract of even date herewith between the Facility and DMAS, which shall be attached to such instructions. The obligation of the County to make such transfer is also contingent on the County being advised that DMAS has provided irrevocable instructions to the Bank, in the form set forth in Exhibit C instructing it to transfer amounts to the County Account to cover costs and fees relating to the borrowing of funds necessary to effectuate the transaction. SECTION 2. The transfer pursuant to this Agreement will be made immediately upon receipt of notification from the Bank of its receipt of irrevocable instructions from DMAS to implement the enhanced payment pursuant to the Enhanced Payment Contract of even date herewith entered into between the Facility and DMAS. SECTION 3. The County shall bear its costs associated with the transactions contemplated by this Agreement; except that the Commonwealth will provide a payment to the County to cover its costs and fees relating to the borrowing of funds necessary to effectuate the transaction, and the Commonwealth will reimburse thc County for any intcest or bank costs incurred specifically as a resut of a delay between the receipt of the payment from the County to the Commonwealth pursuant to this Agreement and the issuance of the enhanced payment from the Commonwealth to the Facility pursuant to the Enhanced Payment Contract. SECTION 4. The County shall have no obligation of payment with respect to this Agreement other than as specified in sections 1 and 3 above. The Commonwealth will indemnify and hold the County harmless for any claims by any entity, including governmental entities, for reimbursements, repayment or recovery of funds based on the transactions covered by this Agreement. As such, the Commonwealth agrees to assume the cost of defending the County, including any related audit or legal fees, upon timely notice of such claims. SECTION 5. Any notice or other communication to be given under this Agreement may be given by delivering the same in writing: (A) To the Commonwealth: Jane H. Woods Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 with a copy to: Jody M. Wagner 2 000Z66 State Treasurer Department of Treasury 101 North 14th Street Richmond, VA 23218 (B) Tothe COUNTY: [NAME] [TITLE] [COUNTY] [ADDRESS] SECTION 6. The rights and obligations of the parties under this Agreement shall not be assigned by any party. SECTION 7. Neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. SECTION 8. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of ~vhich ~vhen so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. 000267 In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized officer all as of the day and year first written above. COMMONWEALTH OF VIRGINIA, THROUGH THE SECRETARY OF HEALTH AND HUMAN RESOURCES By: Jane H. Woods, Secretary of Health and Human Resources [COUNTY] By: [NAME] [IITLE] 4 000Z65 EXHIBIT A ORDER OF COUNTY TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE INTERGOVERNMENTAL TRANSFER AGREEMENT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Secretary of Health and Hmnan Resources and the [COUNTY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H.Grattan Ladies and Gentlemen: You have been designated to serve as banker pursuant to the terms of an Intergoverumental Transfer Agreement (the ~Agreement") between the Commonwealth of Virginia through the Secretary of Health and Human Resources (the "Commonwealth") and the [COUNTY] (the "County"), a copy of which has been furnished to you for your review. For the purposes of the Agreement, the parties have each identified or established an account with you. The Commonwealth's Account is No. (the "Commomvealth Account"). The County's Account is No. (the "County Account"). Your bank has agreed to lend funds to the County pursuant to the County's Special Revenue Anticipation Note to enable the County to qualify the [FACILITY] (the "Facility") as a qualified public provider under the Virginia Medical Assistance ("Medicaid") Program. The Facility has established an account with you for purposes of receiving an Enhanced Payment from the Commonwealth. The Facility's Account is No. (the "Facility Account"). You are hereby instructed as follows: (1) immediately following receipt of irrevocable instructions from the Department of Medical Assistance Services ("DMAS") to effect an enhanced payment to the Facility pursuant to the Enhanced Payment Contract, the Bank shall distribute the proceeds of the loan to the County by deposit of immediately available funds into the County Account in an amount equal to $ 000269 (2) immediately following such deposit, an amount equal to such deposit shall be transferred from the County Account to the Commonwealth Account pursuant to the Agreement. (3) the Facility shall direct transfer of $ to the County pursuant to the Funds Transfer Agreement of same date herewith between the Facility and the County; those funds should be deposited into the County Account. (4) immediately following receipt of the funds pursuant to the Funds Transfer Agreement, an amount equal to $ shall be transferred from the County Account to the Bank in order to pay offthe Special Revenue Anticipation Note. The foregoing instructions are irrevocable and unconditional. Yours very truly, [COUNTY] BY: [NAME], [TITLE] EXHIBIT B LETTER OF INSTRUCTION OF STATE TREASURER AUTHORIZING DISTRIBUTION OF FUNDS DEPOSITED IN THE COMMONWEALTH ACCOUNT PURSUANT TO THE INTERGOVERNMENTAL TRANSFER AGREEMENT _, 2003 Between the Commonwealth of Virginia, Through the Secretary of Health and Human Resources, and the [COUNTY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: You have been designated to serve as banker pursuant to the terms of an Intergovernmental Transfer Agreement (the "Agreement") between the Commonwealth of Virginia through the Secretary of Health and Human Resources (the "Commonwealth") and the [COUNTY] (the "County"), a copy of which has been fumished to you for your review. For the purposes of the Agreement, the parties have each identified or established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"), and will be credited with a payment from the County in the amount of $ pursuant to the Agreement. In addition, the Commonwealth Account may be debited in the amount $ based upon an existing appropriation of the Department of Medical Assistance Services and warrants issued from the State Controller in a corresponding amount. The County's Account is No. (the "County Account"). You are hereby instructed that the Director of the Department of Medical Assistance Services (the "Director") is hereby authorized to distribute sufficient funds deposited into the Commonwealth Account to effect the follo~ving two payments. (l) The Director shall initiate the distribution of funds by an irrevocable letter of instruction to you pursuant to the Enhanced Payment Contract of even date herewith between the [FACILITY] and the Department of Medical Assistance Services, which shall be attached to such instructions. The irrevocable letter of instruction shall direct an enhanced payment in the amount ors to the Facility Account. (2) The Director is further authorized to and shall instruct you as to the distribution of funds in the amount of $ from the Commonweath Account to the County Account to cover the County's banking fees. The foregoing instructions are irrevocable and unconditional Sincerely, COMMONWEALTH OF VIRGINIA, DEPARTMENT OF THE TREASURY By: Jody M. Wagner, State Treasurer 8 EXHIBIT C DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO THE BANK TO FORWARD AMOUNTS TO THE [County] TO COVER TRANSACTION COSTS ASSOCIATED WITH THE INTERGOVERNMENTAL TRANSFER AGREEMENT Dated as of [Date] Between the Cmnmonwealth of Virginia, Through the Secretary of Health and Human Resources, and the [County] [Date] Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gcntlemen: You have been instructed by letter of this date to transfer certain funds from the Commonwealth Account, No. __, to the Facility Account, No. , pursuant to the Enhanced Payment Contract between the Commonwealth and the [Facility]. Immediately following that transfer you are instructed to transfer funds in the amount of $ from the Commonwealth Account, No. __, to the County Account, No. , to cover some of the City's costs associated with the transfer pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the Secretary of Health and Human Resources, and the [County] dated [Date]. The foregoing instructions are irrevocable and unconditional. Sincerely, COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Patrick W. Finnerty, Director 9 0002'~3 ENHANCED PAYMENT CONTRACT between the COMMONWEALTH OF VIRGINIA, through the Department of Medical Assistance Services, and [FACILITY] This ENHANCED PAYMENT CONTRACT (the "Contract") dated as of , 2003, by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth"), through the Department of Medical Assistance Services ("DMAS"), and [FACILITY] ("the Facility"), a public non-state nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), is for the purpose of facilitating an enhanced payment to the Facility for services provided to Medicaid-eligible residents. WHEREAS, DMAS is a Department of the Commonwealth responsible for operating the State's Medicaid program pursuant to the approved State Medicaid plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal laxv and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, a Qualified Public Provider is a local government nursing facility that meets the specifications of the State Plan Amendment, including but not limited to the specification that its local government has entered into an Intergovernmental Transfer Agreement with the Commonwealth; and WHEREAS, the Facility has authorized the creation of an account (the "Facility Account") in Wachovia Bank, National Association (the "Bank") for receipt of an enhanced payment from DMAS, authorized [FACILITY REPRESENTATIVE] to execute this Contract, an Order to the Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, a letter instructing DMAS to deposit the provider's enhanced payment into the Facility Account in the form of Exhibit B, and any other documents or instruments necessary to consummate the transactions contemplated hereby. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the Facility, as follows: SECTION 1. Contingent upon and immediately following the transfer of funds from the County to the Commonwealth pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the Secretary of Health and Human Resources, and the [COUNTY], DMAS ~vill make an enhanced payment to the Facility in the amount of $ SECTION 2. The enhanced payment to the Facility will be deposited by DMAS into the Facility Account in accordance with letter instructions to that effect given by the Facility to DMAS in the form of Exhibit B, and pursuant to instructions to the Bank by DMAS in the form DC: 692226-3 03/26/03 000274 of Exhibit C. The Facility will provide a Transfer Order, in the form of Exhibit A, instructing the Bank as to the disposition of the enhanced payments deposited by DMAS. SECTION 3. DMAS will indemnify and hold the Facility harmless for any claims by any entity, including governmental entities, for reimbursement, repayment or recovery of funds based on the transactions covered by this contract. As such, DMAS agrees to assume the cost of defending the Facility, including any related audit or legal fees, upon receipt of timely notice of such claims. SECTION 4. Any notice or other communication to be given under this Contract may be given by delivering the same in writing: (A) To the COMMONWEALTH: Patrick W. Finnerty Director Department of Medical Assistance Services 600 East Broad Street Richmond, VA 23219-1800 with a copy to: Jane H. Woods Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 (B) To the FACILITY: [NAME] [POSITION] [FACILITY] [ADDRESS] SECTION 5. The rights and obligations of the parties under this Contract shall not be assigned by any party. SECTION 6. Neither this Contract nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. SECTION 7. This Contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. 2 In witness whereof, the parties hereto have caused this Contract to be executed by their duly authorized officer all as of the day and year first written above. COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Patrick W. Finnerty Director, Department of Medical Assistance Services [FACILITY] gy~ [NAME] [TITLE], [FACILITY] 000276 EXHIBIT A ORDER OF QUALIFIED PUBLIC PROVIDER TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services, and [FACILITY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Orattan Ladies and Gentlemen: You have been designatcd to serve as banker pursuant to the terms of an Enhanced Payment Contract (the "Contract") between the Commonwealth of Virginia, through the Department of Medical Assistance Services (the "Commonwealth"), and [FACILITY] (the "Facility"), a copy of which has been furnished to you for your review. For the purposes of the Contract, the parties have each identified or established an account with you. The Commonwealth's Account is No. _ (the "Commonwealth Account"). The Facility's Account is No. (the "Facility Account"). The [COUNTY] has also established an account with you pursuant to the Intergovernmental Transfer Agreement of even date herewith bet~veen the Commonwealth and the [COUNTY]. The County's Account is No. (the "County Account"). You are hereby authorized and directed on [DATE] to receive from the Commonwealth Account the sum of $ (the "enhanced payment"), and deposit the enhanced payment into the Facility Account. Immediately following such deposit, the entirety of the Facility Account balance shall be transferred to the County Account pursuant to the Funds Transfer Agreement of even date herewith between the County and the Facility, a copy of ~vhich has been furnished to you for your review. Such transfers shall be made by electronic transfer ("EFT") and the entire transaction shall occur within one banking day. 4 000277 The foregoing instructions are irrevocable and unconditional. Yours very truly, [FACILITY] BY: [NAME] [TITLE], [FACILITY]. 5 O00Z?$ EXHIBIT B ORDER OF QUALIFIED PUBLIC PROVIDER TO THE DIRECTOR OF MEDICAL ASSISTANCE SERVICES PROVIDINO FOR DEPOSIT OF FUNDS PURSUANT TO THE ENHANCED PAYMENT CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services, and the [FACILITY] .,2003 Patrick W. Finnerty Director Virginia Department of Medical Assistance Services 600 East Broad Street Richmond, VA 23219-1800 Re: Medicaid Enhanced Payments Dear Mr. Finnerty: The Medicaid enhanced payment to [FACILITY] pursuant to the Enhanced Payment Contract between the Commonwealth of Virginia, through the Department of Medical Assistance Services and the [FACILITY], dated [DATE], in implementation of State Plan Amendment 00- 11, should be deposited to Account No. (the "Facility Account") at Wachovia Bank, National Association by electronic transfer. The foregoing instructions are irrevocable and unconditional. Sincerely, [FACILITY] BY: [NAME] [POSITION], [FACILITY] 000279 EXHIBIT C DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO BANK TO TRANSFER FUNDS PURSUANT TO THE ENHANCED PAYMENT CONTRACT Dated as of ,2003 Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services, and the [FACILITY] ,2003 Wachovia Bank, National Association 1021 East Cary Street Richmond, VA 23219 Attention: Richard H. Grattan Ladies and Gentlemen: I hereby instruct you to transfer funds in the amount of $ Commonwealth Account, No. , to the Facility Account, No. [DATE], pursuant to the conditions in the Enhanced Payment Contract between the Commonwealth and [FACILITY]. The foregoing instructions are irrevocable and unconditional. from the Sincerely, COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES on By: Patrick W. Fiunerty, Director 7 OOOZ80 An Affiliate of Media General Advertising Affidavit (This is not a bi~l, Please pay from invoice) P, O, Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 04/02/200 Date Code Description Ad Size Total Cost C)4/C)2/20CF'4 121 I'AKI:;; N(-)T'[CFSFAICE N(~)TICF, THAT THE R(')AR D C) 2D0 x 17 00 ATTACH Media General Operations, lnc. Publisher of THE RICHMOND TIB/1ES-DISPATCH This is to certify that the attached TA~<F, NOT[CF, TAKE NOTICt~ was published by Richmond Newspapers, ~nc. in the City of Richmond, State of Wrginia, on the following dates: 04/02/2003 The first insertion being given Newspaper reference: 1367859 Sworn to and subscribed before me this Notary Public Supervisor State of Vkginia c ~o co., m ss o, e ,res TH)S IS NOT A BiLL PLEASE PAY FROMI NVOICE, THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 16.C. Subiect: Public Hearing to Consider an Ordinance to Prohibit Hunting on Swift Creek Reservoir Within One-Half Mile of Any Residential Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Consideration of an ordinance to prohibit hunting on within one-half mile of any residential subdivision. Swift Creek Reservoir Summary of Information: In response to complaints received from citizens about hunting on Swift Creek Reservoir near Brandermill Subdivision, Mr. Warren has requested that the Board consider adoption of an ordinance prohibiting hunting on the Reservoir within one-half mile of any residential subdivision. A half-mile no hunting zone around subdivisions is the maximum hunting limitation that state law allows counties to adopt. If the Board adopts such an ordinance, hunting would be prohibited in all but a very small section of the northwestern arm of the Reservoir. (See attached map) Hunting prohibitions are enforced by the State Department of Game and Inland Fisheries ("DGIF"). In order for an ordinance to be enforced this year, the Board would need to adopt the ordinance and then notify the DGIF before May 1 of this year. DGIF would then begin enforcing the ordinance effective July 1, 2003. The proposed ordinance would not affect hunting in any part of the County other than on Swift Creek Reservoir. Preparer: Steven L. Micas Title: County Attorney 0505:60712.2 (60713.1) Attachments: Yes ~-~ No 000281 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 14-11 RELATING TO HUNTING ON SWIFI' CREEK RESERVOIR BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-11 of the Code of the County of Chester[ield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-11. Same--Hunting or carrying a loaded firearm near public schools or parks; Hunting on Swift Creek Reservoir. (a) No person shall shoot, hunt or attempt to hunt with a firearm within 100 yards of any property line of any county public school or county park. (b) No person shall transport, possess or carry a loaded firearm within 100 yards of any property line of any county public school or county park. (c) This section shall not apply to lands within a national or state park, state forest or wildlife management area. (d) no person shall shoot, hunt or attempt to hunt on Swift Creek Reservoir except when mom than one- half mile from a recorded residential subdivision. Signs notifying members of the public of this regulation shall be posted at the entrance of all subdivisions which abut the Reservoir, at the location where any state road crosses the Reservoir, and at 50 foot intervals along any boundary on the Reservoir itself which delineates the boundary of a No Hunting area. Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. 000282 SWIFT CREEK RESERVOIR 600' Supporting Petition from Lakepointe Subdivision for the Ordinance for Swift Creek Reservoir The following individuals who live in Lakepoime Subdivision support the Ordinance for Swift Creek Reservoir that allows localities to prohibit all huming with firearm or other weapon in or within ½ mile of a subdivision due to safety concerns: Supporting Petition from Lakepointe Subdivision for the Ordinance for Swift Creek Reservoir The following individuals who live in Lakepointe Subdivision support the Ordinance for Swift Creek Reservoir that allows localities to prohibit all hunting with firearm or other weapon in or within ½ mile of a subdivision due to safety concerns: Supporting Petition from Lakepointe Subdivision for the Ordinance for Swift Creek Reservoir The following individuals who live in Lakepointe Subdivision support the Ordinance for Swift Creek Reservoir that allows localities to prohibit all hunting with firearm or other weapon in or within ½ mile of a subdivision due to safety concerns: 6307 Lookout Point Circle Midlothian, VA 23112 March 15, 2003 Board of Supervisors Re: Ordinance for Swift Creek Reservoir Dear Board of Supervisors: January of this year, I woke up to what I thought was my neighbor beating on a pot in his backyard. I went down to check it out. I saw no one on either side of me but saw the pedodic flash of red coming from across the lake on Woodlake property. I went and got my binoculars and saw a man with a gun pointed toward our building. I immediately called 911 to report someone shooting over toward me. VVhile I had the police on the phone, I told them I could see the man and he was standing on Woodlake property right in front of the walking path in front of a gray and white or blue and white house. The hunter fired off at least 20 rounds. If there was anything on the lake, it or they had to have gone by the end of his rounds as I saw nothing at the lake. All I saw was a gun pointed straight across the lake; not pointing upward or to the side. Until ! went to the police station that day to find out my rights, I did not know that a shotgun could not reach as far as my home. Regardless of whether it could or could not, I do not want to be out in my backyard, sitting on my deck or walking on our path and having to listen to gunshots or worrying whether I am safe or not. I totally support the Ordinance for Swift Creek Reservoir. I want to live peacefully and free of worry from gunshots and enjoy the property I bought. I live directly on the lake and am only there because of the peace and quiet it brings me. Sincerely, Kathryn Donahue 14343 Lookout Point Road Midlothian, VA 23112 March 15, 2003 Board of Supervisors Re: Ordinance for Swift Creek Reservoir Dear Board of Supervisors: Over the last year, I have had two disturbing incidents: About a year ago during hunting season, I was walking near the shoreline behind Lookout Point Circle. I saw men in a flat bottom boat on the lake. They were shooting on the lake and the bullets were skipping across the water and hitting the shoreline and bushes where I was walking. The hunters parked on our road and walked over the field on our land by the pond toward Hull Street side. They set up a blind on shore behind Lakepointe houses. I took the blind down when they left and put up a sign "no trespassing". They came back and took the sign away. These type of incidences are recurring. The hunters are trespassing on private property and jeopardizing our safety. I totally support the Ordinance for Swift Creek Reservoir as some safety nets must be set up to protect our homes and property. Sincerely, / Jerry Stroud LUCy Soles To: Cc: Subject: wa rte na@co, chesterfield, va. us humph reyr@co, chesterfield .va. us Hunting Ordinance Mr. Warren and Mrs. Humphrey: I am a resident of Woodlake and am wdting in response to the proposed ban on hunting on the reservoir which is on the agenda tonight. I fully agree and support that hunting SHOULD .NOT be allowed on the reservoir. ! see no reason for hunters to be within residential areas. I have no objection to hunting in general; in fact, t grew up in the country where hunting is a huge part of life. However, I feel that it is not safe for hunting to be allowed in such close proximity to residents. I also feel the majority of hunters would agree with this and would not think about hunting so close to houses. But it only takes 1 wrong misfire to kill or maim a child. My family enjoys walking the trails around the lake with our dog. I will not feel safe doing this any longer if hunting is allowed to continue. I pay my taxes and I paid for a house within a neighborhood. If I still lived in the country, I would be allowed to post the land I owned for no trespassing and protect my family from unwanted hunters. I expect the Board of Supervisors to make a decision which will protect my family. Thank you, Lucy Soles 5713 Laurel Trail Road Midlothian, VA 23112 804-739-0206 An Affiliate of I~ledia General Advertising Affidavit (This is not a bill, Please pay from invoice) P, O. Box 85333 Richmond, Virginia 23293-0001 (804) t349-6000 Account Num. ] 2208136 04102/200g Date Code Description Ad Size Total Cost THAT THE I:tQARD C) 2100 x 2~4.00 Media General Operations, Publisher of ATTACH THE RICH~/IOND TIMES-DISPATCH This isto certi~ that the attached TAKF, NOTICETAKE N©T]CF was pUbliShed bY RiChmOnd NeWspapers, Inc. in the o 511 state of Virginia, on the following dates: 03/26/2003 04/02/2003 Newspaper refe fence: t 3 6103 8 Sworn to and subscribed before me t.is ¥ Notary PUbliC Supervisor State of virginia city of Riehmond MY Commission expires L~' ~l ~G TABILL; LEAS FROM INVOICE, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 9, 2003 Item Number: 16.D. Subject: Public Hearing to Consider Adoption of An Ordinance Banning Open Burning of Debris Waste in the County County Administrator's Comments: County Administrator: Board Action Requested: Public Hearing to consider adopting the attached 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 previously held a public hearing on 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. The Board will consider adoption of that ordinance together with proposed amendments to the ordinance, at today's meeting. Preparer: Steven L. Micas Title: County Attorney 0505: 60842.2 (60841.1) Attachments: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 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: ( i ) 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: ooo 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 kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. 000 $4 0505:60841.1 1 "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 semiAiquids, 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 clearing 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 promises 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 govemment. 000285 0505:60841.1 2 "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. "Open pit incinerator" means a device used to bum 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 clearing, forest management and emergency operations. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, mprocessing 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 commemial 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: 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. 0505:60841.1 3 oOO~86 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. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. 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: 0505:60841. ! 4 000287 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: 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; Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; 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: Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the promises 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 promises 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. 0505:60841.1 5 0002S8 C~.B~ 5. 6. ?. 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 tim hazard due to the presence of methane gas provided that the following conditions are met: 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 0505:60841.1 6 O00~89 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. 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 of June, July, or August, vv~, ........ ~ ......j ~, ..... during the months ~'~:~;~ · ........ ~ ~nnn F-403.6. Permits. Delete and substitute Section F-403.6 as follows: When open burning of debris ....... on the site of a 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. 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. 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; 000 $0 0505:60841.1 7 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 tim in such a manner that it will endanger the property of another. (2) That this ordinance shall become effective immediately upon adoption. 000291 0505:60841.1 8 Chesterfield County Board of Supervisors - April 9, 2003 Regarding: Ban Open Burning in Chesterfield County I wanted to share with you the details ofmy family's declining health during last year's open burning behind our house. We have lived in our house, for 13 years. Our 4 children are very active. They like to swim, bike ride, play soccer, dance, take karate lessons and do other physical activities. I have included a letter from our children's pediatrician, who also lives in Chesterfield County. He states that before March 2002, none of our children had ever had wheezing, asthma or any other breathing or lung problems. Neither my husband nor I have ever had respiratory problems before March 2002. Our family's respiratory problems coincided directly with the open burning for the land clearing behind our house. At the beginning of 2002, the open burning behind our house began. At our house, we could not see the smoke, we could only smell it. All 6 family members began experiencing difficulty breathing and chest tightness. We straggled to do anything physical. My son, Scan, was the most severely affected by this open burning. In April of 2002, he was wheezing and having severe respiratory distress. We made an emergency call to his doctor. He was concerned about Sean's condition. He said it was not normal to develop something resembling acute asthma so quickly without any previous history of wheezing and without any coughing. From April until July of 2002, some of Sean's suffering included: * Scan hadto use a nebulizer, which is a machine you put medication in and it delivers a mist you breathe into your lungs. He had to ha-~e 2 medications in the nebulizer every 2 to 4 hours. Each treatment took 25 minutes to complete. He also had to take oral medication to help open his airways. This treatment is only used for extreme cases of breathing difficulties. * He could not sleep through the night because he could not breathe and, therefore, he was having to be nebulized during the night. * During the worst of the burning he was so uncomfortable that he was not able to go m school. He had to .miss one whole week of school and attended half days until he could go full days. He had to be nebulized every 2 to 3 hours at school and was not able to participate in gym or recess. * When they were burning, his condition continued to decline and he was not able to do hardly any physical activity or to go outside. * Scan was not breathing comfortably between b_is treatments and his chest felt tight all the time. During this same time, my other 3 children started the nebulizing treatments and began takdng oral medication for their breathing difficulty, I began having severe migraine headaches and severe eye irritation. My husband began taking medication for his breathing difficulty. During May of 2002, we and our pediatrician began to connect the open burning with our family's breathing problems. I made several calls to try and stop the buming. The bum permit was only effective through May 3 Ist. They continued to bum through July of 2002. When the burning stopped, we all began breathing a little easier. Currently, our whole family is still suffering respiratory problems. Scan and my other children are still under the continuing care of their doctor. Scan is unable to play a half quarter of soccer. My 4t~ grade daughter is unable to finish running the physical fitness test required for her gym class. None of my 4 children have the stamina they had a year ago. My husband and I have been ~diagnosed with second hand smoke lung damage, although neither of us live with or work around smokers. Both of our doctors felt our symptoms were consistent with lung damage due to open burning. We realize that we all may be damaged for life. We know our lung damag[ is due to the open burning allowed behind our house. This has severely affected the quality of life for our entire family. There were other families affected by this open burning. Two young children who have asthma were severely affected by the burning. There were neighbors who complained of breathing difficulties, migraine headaches, and other health problems due to this open burning. There were several neighbors who had existing health problems who were adversely affected by the burning. One really important thing we learned about open burning is that even though we could not see the smoke, but only smell the smoke around our house, it was still very damaging - actually more damaging than if we could, have seen it. Microscopic particles axe inhaled and they go deep into the lungs and damage air sacs. It is documented that breathing this matter can cause respiratory infection, coughing, wheezing, chest pain, shortness of breath and can trigger asthma attacks. Some people are more affected by open burning than others. We are all 6 now in the catego~ of"people with lung damage". We have children under the age of 10, we are people with allergies, and we are people with lung damage. These are only three of the groups who are most adversely affected by open burning. At this point in our lives, any amount of open burning would affect the quality of our life. Regarding any proposal to limit the amount to openly bum is not acceptable. To those people who do not have any form of lung damage, a small amount of burning may seem OK. For those of us who have lung damage, even a limited time of burning would still suffocate us. If you or your children cannot breathe, even for a short time, nothing else matters. Your life is on hold. When exposed to any form of smoke, my chest tightens and I feel as though I will pass out. My children and husband are the same way. I am sure you all have seen the commercial on TV with the fish suffering out of water. My family knows how that fish feels. When I had called and asked how to stop the burning behind our house, I was told they had the right to bum. when I explained my son was having severe breathing difficulties, I was told they had the right to bum. When I said my son has the right to breathe, they said we would wait and see how he would react to the burning. This "wait and see approach" does not work. There are now plans to build houses in the area behind our house. We wonder- will they bum the debris from these lots? We feel we have no rights in this decision that will affect the quality of our entire family's life. I have heard the ban on burning would cause a higher cost for commercial sites and new home buyers. Please consider that we were paying approximately $300 extra a month in Co-payments for medical expenses in April, May, June, July, August, and September of 2002. We are still paying extra medical expenses. At the beginning of 2002, we thought if open burning is allowed, it must he OK. We now know that this is wrong. We trust you to protect us from known risks. Please consider our family's health and welfare when voting to ban burning or not. Any further open bunting in this area would be a harmful and damaging health risk for our family. The right for our family to breathe is more important than allowing free disposal of debris by burning. Please help us protect our family and please protect the other families in Chesterfield County. People affected in your area will not realize it until it is too late and the damage is done. Please do not allow this to happen to someone else. This did not have to happen to my family. This should not have happened to my family. Let's learn from this and not allow anyone else to go through what my family has gone th_rough. Due to the mental anguish, financial burden, and enormous physical suffering we have endured, we are asking you to please ban open burning in Chesterfield County, Thank you, Lendy Gay 13331 Glendower Road, Midlothian, Virginia 23113 379-9942 Fax 804-794-5137 Su~ 10t Midlothi~n. VA 23113 August 04, 2002 To whom it may concern, I am writing this letter for the benefit of my patiem, Scan Gay, and his family. This also concerns the health of those dose to the Salidam~ Count~ Club. The Salisbury Country Club has been given permission to bum trees, branches, etc. as they clear excess and dead foliage from their golf course. I would disagree with anyone being able to obtain tach a permit in northern Chesterfield county. The practice of teal lmn-dng and other foliage burning has been banned in NortMm Chesterfield county for many years. It is a well known/h:t that breathing and smelling any type of smoke, dgarette, dgar, pipe, or oak and pine tree smoke causes kdtafion of the eatke resp~ tract. Non-smoking firemen, despite wearing respirators, have a higher degree of krug cancer than those non-smokers of other occup~ions. The inca'eased incidence of asthma, allergies, and emphysema in the policemen and firemen at the World Trade Center also shows the effects of dust and smoke to those subjected to it's irritation. Since lmrning bas been pennitte~ Sean Gay has been short ofbreath several times with asthma: Ite hashad a past history of eczema, but was negative for asttmaa. He has required several nebulizer treatments in our office, as well as trips to the emergency room. He is now on home nebulizer therapy with bronchodilators, inhaled steroids, and Sillgnlair. This is a child that hadn't wheezed prior to April, 2002. To develop asthma at seven years oId without a preceding history of ~ would be mm,ma/ He, and the rest ofhis family have expedenced a "flare up" of~/r removed. Ir'this letter is not sufficient to curtail this practice, I invite you to consult Dr. G-reg Elliott, pediatric lung speci~i~ at MCV for hi.q views. I imow he has strong feelings ~ ~ m. Sincerely. Chesterfield County Board of Supervisors Ban Open Buming April 9, 2003 I would like to clarify exactly what our issues have been with the open burning behind our house. We have never at any time had any issues with the conWacting company doing the constraction behind our house nor have we had an issue with what was being constructed behind our house. We knew before we moved into our home that houses or some type of expansion was going to happen with the wooded area. Our issue from the beginning has been 100% a health issue. The open burning behind our house has affected our whole family. We have all developed respiratory problems during the burning time frame and are still having problems today. These respiratory problems never existed before the burning occurred. For over a year, my family has been financially, physically and mentally affected by the damage from the open burning behind our house. After one year these effects are still ongoing. The harmful particles of open burning are well documented in virtually every environmental agency in the country. These microscopic particles reach deep into the lungs and remain there for months or even years. Breathing these ~cles increases the chances of respiratory infection, can trigger asthma attacks, and causes other problems such as coughing, wheezing, chest pain, and shormess of breath. I have had the wheezing, chest pain and shormess of breath. I went to the doctor twice during the burning wondering if I -,vas having a heart attack. We thought it was safe to go outside when their was no smoke even though you could still smell the burning. We have found since then that smelling the smoke and not seeing the smoke can actually be more harmfUl because the particles are smaller. The burning of leaves exposes the respiratory system to toxic and cancer-causing chemicals. This buming produces a considerable amount of airborne particulate matter, carbon monoxide, and at least seven known carcinogens. One of the most notorious carcinogens is benz[a]pyrene. Benz[a]pyrene is believed to be a major factor in lung cancer caused by cigarette smoke. It is also formed when leaves are burned. Like the secondhand smoke from cigarettes, benz[a]pyrene from leaf burning endangers us all. We have heard the main opposition to bamfing open burning is the financial burden to contractors. One issue that has not been addressed is the cost of burning to Chesterfield county residents. Consider the following financial burdens to the chesterfield county citizens in our neighborhood: * We were spending over 300 dollars a month for April through August on medicines and doctors visits. These costs are only co-pay cost and do not include the costs to our insurance company. Some of these costs to us and our insurance company still continue today. · Some neighbors have had their houses power washed and their ducts cleaned due to the open burning. Chesterfield County Board of Supervisors Ban Open Buming April 9, 2003 Property damage to one home included damage to carpets walls, curtains, from the soot of the open burmng. Their insurance company ended up $1~ending 20,000 dollars to correct the damage to their home not to mention the inconvenience of the months it took to correct the problem. Yes open burning may save cost to contractors, but it does cost the citizens of Chesterfield county whether they know it or not. I know change is hard but I feel that the resourcefulness of our contractors and the Board of Supervisors can figure out a way to make it beneficial to all parties not to bum. Health risks of toxic particles and carcinogens that are given off by open burning, medical costs to the people of Chesterfield County, and costs to insurance companies far outweigh the costs of hauling the debris away or chipping them up. The cost of adding a new inspector in the fire depamnent and the cost of the burning fee for the contractors could be used to subsidize the cost of an alternative to buming. I am confused on why whether tobum or not has become such an issue. Now that you have heard all the facts of how harmful open burning is to the human body, I am sure you will agree that open burning should not occUr. The question with open burning is not if harmful toxic chemicals are introduced into the respiratory systems of our children but how much will be introduced. The question with open burning is not if cancer causing microscopic particles will be inhaled deep into the air sacks of the lungs of oUr children, but what amount will be inhaled deep into their air sacks. The question with open burning is not if our children's respiratory system will be damaged, but how long if ever it will take them to recover. Tonight you have heard the serious health risks involved with open burning. The responsibility of these serious health risks are noW on your shoulders. The citizens of Chesterfield County elect you to represent us in situations like this. We rely on you to protect our health safety and welfare. Thank you, Ron Gay 13331 Glendower Rd Midlothian Va, 23113 379-9942 2 tAMERICAN LUNG ASSOCIATION® of Vir nio Statement Chesterfield County Open Burning Ordinance April 9, 2003 Good evening. My name is Donna Reynolds and I serve as the Director of Community Relations for the American Lung Association of Virginia. The American Lung Association of Virginia works to promote lung health and protect lung disease. Toward that end, I am here this evening to speak in support of an ordinance to toughen open burning restrictions in Chesterfield County. According to the U.S. Environmental Protection Agency, the open burning of land clearing debris creates substantial emissions of a large number of pollutants including carbon monoxide, particulate matter, benzene, acetone, toluene, ethyl benzene, pinene, naphthalene, phenol and 14 polycyclic aromatic hydrocarbons. (I have provided each member with a copy of this study along with my comments.) While many of these pollutants are known to be toxic to humans and cause a wide range of serious health effects, I would like to limit my comments this evening to pollutants called particulates. Particulate matter is the generic term used for a type of air pollution that consists of complex and varying mixtures of particles suspended in the air we breathe. Particles are present everywhere, but high concentrations and/or specific types of particles have been found to present a serious danger to human health. Particulate matter is a combination of fine solids such as dirt, soil dust, pollens, molds, ashes, and soot; and aerosols that are formed in the atmosphere from gaseous combustion by-products such as volatile organic compounds, sulfur dioxide and nitrogen oxides. Particles of special concern to the protection of lung health are those known as fine particles, less than 2.5 microns in diameter. (For comparison, a human hair is about 75 microns in diameter.) Fine particles are easily inhaled deeply into the lungs where they can be absorbed into the bloodstream or remain embedded for long periods of time. A recent study showed a 17% increase in mortality risk in areas with higher concentrations of small particles. Particulate matter air pollution is especially harmful to people with lung disease such as asthma and chronic obstructive pulmonary disease (COPD), which includes chronic bronchitis and emphysema. Exposure to particulate air pollution can trigger asthma attacks and cause wheezing, coughing, and respiratory irritation in individuals with sensitive airways. Recent research has also linked exposure to relatively low concentrations of particulate matter with premature death. Those at greatest risk are the elderly and those with pre- existing respiratory or heart disease. While the health risks associated with particulate pollution are serious, we must not overlook the fact that air pollution burdens our society through these adverse health outcomes. Some of the health care costs associated with air pollution include increased hospitalizations, emergency room visits, doctor office visits, lost work days and restricted activity days. The current federal standard for particulate matter (PM10) is 150 micrograms per cubic meter (ug/m3) of air averaged over 24 hours and 50 ug/m3 averaged over a one-year period. In July 1997, the U.S. EPA set a new stricter standard that will regulate fine particulate matter (PM2.5) for the first time: 65 micrograms per cubic meter (ug/m3) measured over a 24-hour period and 15 ug/m3 averaged over a year. The new standard will be phased in over the next few years. According to the most recent data collected, several areas of Virginia will not meet the new health-based standard for particulate pollution. At this time, Richmond is challenged as one of the areas that may barely meet the new standard. We believe any efforts by local governments to restrict air pollution will assist with helping the region meet these new standards and protect the air our citizens breathe. On behalf of the American Lung Association of Virginia, I urge you to adopt a more restrictive open burning ordinance in Chesterfield County to protect public health and improve the quality of the air our children and families breathe. Thank you. (Selected Key Studies On Particulate Matter and Health: 1997-2001) United States Environmental Protection Agency National Risk Management Research Laboratory Research Triangle Park, NC 27711 Research and Development EPA/600/SR-96/128 January 1997 Project Summary Evaluation Emissions from the Open BUrning of Land-Clearing Debris Christopher C. Lutes and Peter H. Kariher The exposure of persons to combus- tion emissions during .land clearing has become an issue of increasing con- cern. This study identifies and quanti- ties a broad range of pollutants that ar~ dis'i:l~dl;ged during small,Scale, simulated, open combustion of land- clear!ng debds and repo.rts these,emis- sions relatiVe to the mass of rnbterial combusted. Two types of land-clearing debris (repreaentlng the typical land- clearing debris 'found in Florida and Tenneasea; primarily wood and other organic-,debris)-were~cembustsd~.in~ a facility designed to simulate open burn- ing. One debris sample was also com- 'bdsted in'the same"fa'cllity using a simu- lated air curtain incinerator. Volatile, semivolatile, and particulate-bound or- ganics were collected and analyzed by gas chromatography/mass spectrom- etry. The emphasis of the analyses was on the quantification of hazardous air pollutants listed in Title III of the Clean Air Act Amendments of 1990 (CAAA), although further efforts were made to Identify and quantify other major or- ganic components. Fixed combustion gases (carbon dioxide, carbon monox- Ide, nitric oxide, oxygen, and total hy- drocarbons_) were monitor..ed~ continu- ously~tl~'r~(~u~h~t the :~s~p~rlo~l: This project produced estimated ,amiss!one ..dar ~or a .br, o. ad-range .of atmospheric pollutants from a simu- lated open debris combustion process. Beth. air pollutant-concentrations within. the facility where combustion was tak- ing place, and estimated emissions ex- 'pressed as mass of pollutant per of debris matadal consumed by combus- tion were reported for volatile,.semlvolatile,. and particulate bound organics, typical combus~on ge.see, a..nd 13e.~__~u!8..te, ~Jb- atanttal emissions of a large ..number. _of pollutants including carbon monoxide, PM~0, PM.~, benzene, acetone, toluene, riel, and 14 Poiycyclic.aromatic hydro(ar-` apply to..t~.s project D~ta p~. ~uppe~[t~d ~ ~ d~umentaflon~as ~uired by the US EPA's QA Policy. These, :tests did .net..pr~ide~ cOnClu.-. siva evidence of the effectiveness of air curtain combuetors in reducing emissions. While the emissions of some pollutants seamed to be decreased, oth- ers were unchanged or, In a few cases., appeared; tb increase. This Project Summary was developed by E_PA'~ Research Laboratory's Air Pollution Prevent/on and Control Division_, Re- search Triangle Park,. NC, to announce key findings'of the research project that is fully documented in a separate report of the same t/tie (see Prelect Report ordering information at back). Introduction Disposal of debris generated by land clearing or landscaping has long been roblemati¢. Land clearing is required for '~/id~'~/ariety Of' p[i~"'suct~ 'as COn- struction, development, and clearing after natural-disasters. The resaltant- debris- is primarily vegetative, but may include inor- ganio material. Landscaping suoh as prun- -lng -olten-generates -similar-vegetative.de- bris. This debris is often collected and disposed of by municipalities. Open burn- ing or burning in simple air curtain incin- erators is a common means of disposal for these materials, and has long been a source of concern. Air curtain incinerators use a blower to generate a curtain of air, (for brevity, in this document "with blower" is used to describe tests in which an air curtain incinerator was used) to enhance combustio.n_ taking place in_ a trench or a .rectangular _shaped, ~open-topPed .refrac- tory box. For instance, in Detroit, the prob- lem of municipal burning of brush, togs, and. stumps- became, so. severe., that. in. September 1958, the mayor appointed a committee to study this problem among · ethers. -This eventually, led .to .the .design and construcUon of a specially designed incinerator in 1961-62 for brush and log burning; which- was- more- complex than' an air curtain incinerator, at a cost of $250,000. In many locations open burning or the use of simple air curtain incinera- tors is still the method of choice for the disposal of these materials. An evaluation of literature on emfss[ons from open air burning of debris shows a !imbed amount, o.f !n.formation on emission factors for specific pollutants measured in such a way that emissions could be esti- mated and therefore modeled. Several similarities can be drawn from the litera- ture reviewed. Most of the available data focus on only a few classes of.pollutants. The list of pollutants for which emission factors are available does not include most of. the air~ toxi~_ ~3mpoun~ listed- in. the. Clean Air Act Amendments of 1990 (CAAA). However, the rough order of mag- nitude agreement in the total particulate and total hydrocarbon (THC) emission fac- tors reviewed over a wide variety of source types is notable. Local air regulatory agencies, including those in Tennessee and Bmward County (Florida), requested that mom detailed in- formation on the emissions from these processes be made available. Therefore, EPA's Control Technology Center (crc) steering committee proposed a research project examining emissions from the open burning of debris. In response to these concerns, through the guidance of EPA's Air Pollution Pre- vention and Control Division (APPCD), a study was undertaken to measure emis- sions from the simulated open combus- tion of land-clearing debris. This study in- cluded replicated simulated open burning tests of debris from Florida and Tennes-- see and replicate tests with a simulated air curtain incinerator for the Tennessee debris. The study was designed to oolleot, identify, and quantify a wide range of air emissions and to report these emissions per mass of debris material combusted. The emphasis of these analyses was on the quantification of air toxics compounds listed in the CAAAs, although further ef- forts were made to identify and semiquantify other major organic compo- nents. Experimental Theproject consisted of a replicate study to collect and qualitatively and quantita- tively characterize organic and particulate emissions, resulting from. the simulated.. open combustion of land-clearing debris. Small quantities (11.3 to 17.8 kg [25 to 39 .lb]) .of wood, sticks,, twigs, .leaves, .and other organic matter were combusted in a refractory lined pit within a test facility designed- to. simulate open-combustion conditions. Sampling was conducted within the facility through a modified dichotomous san~pler-using 142 mm-filter heads for particulate with an aerodynamic diameter < 2.5 ~m (PMzs) and particulate with an aerodynamic diameter'< 10 I~m (PM, o). Volatile organics were sampled using SUMMA~ canisters, and semivolatiles were sampled using a PUF/XAD T0-13 sam- pling train. A portion of the combustion effluent was diverted to an adjacent sam- pling facility via an induced draft duct. A portion of the sample from the induced draft duct was also analyzed by a series of continuous emission monitors for car- bon dioxide (COz), carbon mo_noxide (CO), nJtdc oxide (HO), oxygen_ (.O~,. and. TEIC. The organic constituents were analyzed both qualitatively and quantitatively using a gas cl-~,omelograph#r~ss spectrQmeter (GC/MS). Measured concentrations were related to dilution air volumes and mea- sured net mass of debris combusted to derive emission rates. The EPA's Open Burning Simulation Pacility was used In this study. A simu- lated air curtain combustor was con- structed for the tests of this system based on an analysis of specifications of pilot- and full-scale units of this type. Before each test., a sample of debris was removed from the crate of either Florida or Tennessee samples provided bY cooPerat!~g state a.n.d !ow! govern- ment personnel and placed in the refrac- tory burn box (RBB). The wood and other materials were arranged in the RBB to allow for easy lighting and total consump- tion of burn material. For these tests, 11.3 to 17.8 kg (25 to 39 lb) of material was placed in the RBB. Before and after each test, or be.to.re and after each change sample media (Jr this occurred more fro- quently), all sampling trains were leak checked. Before the beginning of each test day, at least 15 min of background data were acquired on the continuous emission monitors (CEMs), thermocouples, and the scale.platform. The burn was then ignited by a brief application of a handhold propane torch, which was removed before sampling began. During. a typical test,.suf- ficient combustion began after less than 5 mi.n. of~ torch operation_, The air curtain _was started immediately after .the. remo.val of the lighting torch in tests involving this system. All sampling started 2-rain after removal..of, the- torch- from- the. burn. hut.. This 2-min period was designed to ensure exhaust of any propane combustion va, .pors. To allow adequate time for all neces- sary emissions samples to be obtained, some tests, had- another charge of debris' added. Combustion of charge was allowed to go to apparent completion (as signified 'by 'unchanging 'weight and 'near 'back- ground concentrations of combustion gases) before completion of the run. Com- bustron of one charge was allowed' to go to apparent completion before another charge was !ptroduc, ed, A "hut blank" test, in which the propane torch was briefly introduced into the facil- ity but no debris was combusted, was conducted for comparison purposes. In addition, various field and laboratory blank samples were collected for each sampling train. After completion of the chemical analy- ses.,, anaJyte, concentration data were coupled with sample volume, facility air flow, and combustible material mass loss d~ta to .deri~e estimated .emissions (ex- pressed as mass of analyte produced per mass of debris material consumed in the combustion process). Results and Discussion Estimated emissions on a mass emitted per mass consumed by combustion basis of CO and THC appear broadly similar for the Tennessee and Florida materials in the no-blower case (Table 1). These val- ues appear to agree within a factor of two with those measured by Gerstle and Kemnitz for "Landscape Refuse." Esti- mated emissions of CO and THC for Tennessee material appear to be little im- pacted or at best slightly decreased by the use of the air curtain incinerator. Substantial emissions of P~o and PMzs particulate matter were observed with both types of debris materials combusted O'abte 2). Particulate catches on a mass/volume basis during hut blank tests __were at !~st tenfold lower than during any actual com. Table 1. Targeted Volatile Compounds Estimated Emissions (rog~kg) Compound Test No. I 2 3 4 5 6 7 8 Sample ID TN TN FL FL Hut TN TN Hut nb nb nb nb Blank wb wb Blank NA <1 <2 NA dichtorodifiuoromethane dichtorotetrafluoroethane <7 <8 chloromethane 6 6 133 vinyl chloride <1 <1 <I 1~ 3-butadiene f 4 f t t 6 108 bromomethane <2 <2 2 chloroethane <2 <2 <1 trichlorofluoromethane <3 <3 <2 dichlorotrifluorcethane ~3 <~3 <3 trichlorotrifluorcethane <4 <4 <3 1,1.dlchloroethene <2 <2 <2 acetone 224 198 209 carbon disulfide <1 <2 <1 methylene chloride 4 4 3-methylpentane 1,1-dichloroethane <2 <2 <2 butyl meth ylether cls- 1,2-dichloroethene 2-butanone 42 36 40 ethyl acetate 42 36 40 chloroform <2 <3. <2 1,1,1-trichloroethane <3 <3 carbon tetrachlorlde <'3 <4 <3 benzene 346 325 258 1,2-dichtoroethane <2 <2 trichloroethene <3 <3 <2 1,2-dlchloropropane dlmethyl disulfide <2 <2 4-methyl-2-pentanone <2 octane 8 6 5 toluene 207 179 147 trans- 1,3-dlchloropropene <2 5 <2 1,1,2-~chloroethane <3 <'3 <2 tetrachloroethene <~ ~4 <3 butyl acetate <2 <3 <2 1,2-dtbromoethane <4 chlorobenzene <2 <2 <2 nonane <2 <3 <2 ethyl benzene 37 29 21 m,p-x]4ene 89 70 46 o-xylene 21 17 15 styrene 76 70 40 pinene 54 137 <2 1,1,2,2.tetrachloroethane decane <3 <3 <3 4-ethyltoluene 29. 2.3 12 1,3,5-trimethylbenzene 5 4 3 1,2, ~ trimethylbenzene 18 14 11 Ilmonene 99 84 <2 1,3-dichlorobenzene <3 <3 <3 1,4-dichlorobenzene <3 <3 <3 benzyt chloride 2 <3 <=2 undeca~e 4 4 <3 1,2-dlchlorobenzene <3 <3 <3 dodecane 4 <4 <3 1,2, 4-trichlorober~ene <3 <4 ~3 hexachlorobutadiene <5 <6 <5 naphthalene 69 73 48 <6 55 <1 <2 <1 <2 <2 <3 <2 84 <1 2 <t 2 33 16 16 132 3 65 <2 9 18 7 17 4 <4 24 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA /VA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA <4 4 <1 t35 <1 <1 <1 <2 <2 <1 180 <1 <2 <:t <1 28 3O 3O <1 <1 <2 273 <1 <1 <1 <1 <1 165 <1 <1 <1 <1 <1 27 17 59 80 27 4 15 51 2 2 42 <4 5 <1 t40 <1 <1 <2 <2 <2 <1 t23 <1 <2 <1 <1 <1 ~3 19 19 <2 <2 <2 270 <1 <1 <1 <1 212 <1 <1 <1 <1 35 19 86 124 2 _51 5 25 92 3 4 53 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA nb = no blower, wb = with blower, NA = not applicable, nd = not detected. Table 2. Particulate Data Test PMz5 No. Test Conditions (mg/rrP) Concentration Estimated Estimated PM~o Emission PM~5 Emission PM~o (mg/rrP) (g/kg) (g/kg) I TN No Blower 30.51 2 TN No Blower 18.75 3 FL No Blower 3.95 4 FL No Blower 11.63 5 Hut Blank O. 11 6 TN With Blower 45.15 7 TN With Blower 35. 73 8 Hut Blank 0.07 36.30 14.13 19.13 10.04 17.54 1.75 11.90 4.56 0.29 NA 45.77 12.07 37.82 8.33 0.26 NA 16.81 10.25 7.75 4.66 NA 12.23 8.82 NA bustion test (Table 2). This indicates that most of the particulate collected was ac= tual combustion emissions and not par- ticulate being resuspended from the burn hut walls or present in the ambient air fed Into the facility. Estimated emissions on a mass particulate per mass material corn- busted basis from the Tennessee material appeared to be substantially higher than those from the Florida material. The Ten- nessee material without the blower gave fairly consistent values in replicate tests. The Tennessee material with the blower, in .on.e .c.a..s~e, g~v.e .a. v_a.l_ue th.at _a. p p _e .a r .e .d similar to the value without the blower. In the next (duplicate) test, it gave values somewhat lower than those typical with- out the blower. However, in this test the sample was obtained for only a short pe- riod due to an equipment malfunction, and the flow rate did not meet data quality indicator goals. In other tests, data quality was acceptable for this measurement. In almost all cases, regardless of soume of material or use of blower, most of the PM~o appears to be composed of very fine material (<2.5 izrn diameter). This is an important observation because many be- lieve that fine particulate is more strongly associated with health effects than coarse particulate. Our average estimated PM~o emissions agree within ,25% with thosi~ measured by Gerstle and Kimnitz for total particulate, perhaps due to this predomi- nance of fine particulate. The volatile organic data set produced from these tests included concentration measurements for more than 55 targeted and several dozen tentatively identified species. Targeted species are defined as those for which the analytical instrument was calibrated. Tentatively identified spe- cies are other compounds found in the sample that can be tentatively identified through searches of mass spectral librar- ies checked by investigator examination of the mass spectral match. Approximately 19 of the targeted species were consis- tently detectable. Results of the votatites analyses of the targeted analytes are pre- sented in Table 1 as estimated emissions on a mass of pollutant per mass of mate- rial consumed by combustion basis. Various hydrocarbon, aromatic, and oxy- genated species, such as benzene, ac- etone, toluene, ethyl benzene, m, p-xy- lene~ plnene; Ilmonene~ naphthalene, and styrene, were among the highest concen- tration targeted volatiles observed. In gert- higher with the Tennessee material than with the Florida material. This trend was most dramatic for pinene and limonene, two compounds that belong to the ter- pone group that is often isolated from plants. The data set is inconclusive on the ef- fect of the air curtain incinerator on volatiles emissions. Emissions of many compounds appear unchanged and, while some spe- cies appear to be emitted at a lower rate with the air curtain in operation, emissions of others may be increased. Alkenes, ketones, heteroaromatios, and alkyl-substituted aromatics are prominent among the tentatively identified volatile compounds. More then 100 semivolatile species were targeted in these analyses. Approximately 23 of these species were consistently de- tected in the combustion samples at lev- els significantly above blank levels. Of these 23 species, 14 are polycyclic aro- matic hydrocarbons (PAHs). These have been detected in numerous studies of wood combustion, se their appearance in a study of the combustion of land-clearing debris is expected. The range of estimated emissions reported in this document agree broadly with those reported by Cooper for various PAH species from wood combus- tion in fireplaces. Of the 23 species de- tected, 4 were phenol and its methyl sub- stituted derivatives. Phenols have also been prevIoL~ly established as wood com- bustion byproducts. The values measured here for estimated emissions of phenol are slightly higher then those measured by Cooper for wood combustion in fire- places. The remaining five consistently detected species were biphenyl, styrene, cumene, 2-methylnaphthalene, and The results of the tests without the air curtain incinerator showed that concentra- tions of indMdual semivolatile species were usually similar for the Florida and Tennes- see materials, but a few species were emitted at a moderately higher rate from combustion of the Tennessee material. A brief analysis of this data set suggests that, for most semivoletile species, no dis- cernible difference in emission factor be- tween the with and without air curtain in- cinerator tests can be observed. However for a few species, such as pyrene, benzo(a)pyrene, and biphenyl, use of the air curtain does appear to reduce emis- sions. Numerous tentatively identified species were also identified in the semivolatile analyses. These species consist primarily of alkylated and oxygenated aromatics, heteroaromatlcs, and polyaromatics. Summary and Conclusions This project produced estimated emis- sions data for a broad range of atmo- ~sph.eri.c p.oll.u~nt~s from _a ~sim_ul.at.e.d open debris combustion process. Both air pol- lutant concentrations within the facility where combustion was taking place and estimated emissions expressed as mass of pollutant per mass of debris material consumed by combustion were reported for volatile, semivolatile, and particulate- bound organics, typical combustion gases, ._and paJ~doulate. $.U~ ~bstan~i~ ~mi~ions of a large number of pollutants including CO, PM~o, PMzs, benzene, acetone, toluene, ethyl benzene, pinene, naphthalene, phe- nol, and 14 PAHs were observed. These tests did not provide conclusive evidence regarding the effectiveness of air curtain blowers in reducing emissions. While the emissions of some pollutants seemed to be decreased slightly, others were un- changed or, even in a few cases, ap- peared to increase. A definitive assess- ment of the value of the air curtain device cannot be made without a detailed statisU- cai and relative risk analysis. Measure- ments of a variety of pollutants in the emissions of full-scale models of this de- vice operating under realistic work site conditions would also be helpful. This project has yielded estimated emis- sions values for open debris combustion p.ro~.ses that .o. an be used to .ass~.s Re risks of these processes. 5 Christopher C. Lutes and Peter H. Kariher are w~th Acurex Environmental Corp., Research Triangle Park, NC 27709. Paul M. Lemieux is the EPA Project Officer (see below). The complete report, entitled "Evaluation of Emissions from the Open Burning of Land-Clearing Debris," (Order No. PB97-115556; Cost: $28.00, subject to change) will be available onOz from: National Technical Information Service 5285 Port Royal Road Springfield, VA 22161 Telephone: 703-487-4650 The EPA Project Officer can be contacted at: Air Pollution Prevention and Control Division National Risk Management Research Laboratory U,S. Environmental Protection Agency Research Triangle Park, NC 27711 United States Environmental. Protection Agency Center for Environmental Research Information Cincinnati, OH 45268 Official Business Penalty for Private Use $300 BULK RATE POSTAGE & FEES PAID EPA PERMIT No. G-35 EPA/600/S R-96/128 Fran Du Melle Executive Vice President Washington Office 1726 M Street, NW Suite 902 Washington, DC 200364502 Phone: (202) 785-3355 FAX: (202)452-1805 Internet: http ://www.lungusa.org National Headquarters: 1740 Broadway New York, NY 100194374 John R. Gamson Chief Executive Officer When You Can't Breathe, Nothing Else Matters For nearly 100 years, the American Lung Association, Lung Association affiliates throughout the Unit~l States and the American Thoracic Society have worked together in the fight against lung disease. tAMERICAN LUNG ASSOCIATION, Updated March 5,2001 SELECTED KEY STUDIES ON PARTICULATE MATTER AND HEALTH: 1997 - 2001 NEW STUDIES CONFIRM THAT CURRENT LEVELS OF PARTICULATE AIR POLLUTION ARE HARMFUL TO HUMAN HEALTH The Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to review and update the National Ambient Air Quality Standards for major air pollutants every five years, in light of the latest scientific evidence. More than 800 new scientific studies related to the effect of airborne particulates on human health have been published since 1996, when EPA last reviewed the standards for particulate matter. The new studies validate the earlier research and address the most important arguments raised by industry critics. Taken together, the studies confirm the relationship between particulate air pollution, illness, hospitalization, and premature death. The major themes of the new research are that the: Major long-term studies have been fully validated. New short-term studies from across the U.S. and around the world confirm the mortality effects. · New analyses show that lives may be shortened by months or years, rather than days. · Recent studies of laboratory animals and humans have identified cardiac responses to particles, thus elucidating possible biologic mechanisms for mortality. · New studies demonstrate that infants and children, particularly asthmatic children, are especially sensitive to the effects of fine particle pollution. In 1997 when EPA announced the establishment of new NAAQS for fine particles, the President directed EPA to complete a review of the standards by July 2002. The National Academy of Sciences (NAS) has issued several reports recommending research priorities to increase scientific understanding of particle pollution. To address the scientific issues raised by the NAS panel, EPA increased funding for research on particulates to more than $50 million per year. As part of this effort, the Health Effects Institute, jointly sponsored by industry and EPA, has committed substantial resources to research on PM. As a result of this infusion of research funds, hundreds of scientific papers and research reports have been published since EPA last issued its "Air Quality Criteria for Particulate Matter" in 1996. This annotated bibliography presents the findings of some of the most significant new research studies that advance our understanding of the harmful health effects of particulate air pollution. The peer-reviewed papers cited here represent a small sample of the scientific articles on the health effects of particulate air pollution published since 1996. This bibliography does not attempt to be comprehensive: exclusion does not imply that a study is unimportant; inclusion does not imply endorsement. LONG-TERM STUDIES OF MORTALITY Prospective Cohort Epidemiological Studies Are Validated in Independent Reanalysis Two landmark prospective cohort studies reported that chronic exposure to particulate pollution increases the risk of premature mortality. In the 1993 Six Cities Study, Harvard University researchers followed the health of more than 8,000 people in six small cities that fell along a gradient of air pollution concentrations for a period of 14 to 16 years. As particle concentrations increased, there was an almost directly proportional increase in the death rate in the residents studied. Residents of the most polluted city in the study, Steubenville, Ohio, had a 26 percent increased risk of premature mortality, compared to the residents of the cleanest city studied, Portage, Wisconsin. The increased risks were associated with a difference in ambient fine particle concentrations of 18.6 micrograms per cubic meter. The 1995 American Cancer Society study reported an association between fine particle air pollution and premature death by cardio-pulmonary and other causes in a study group of over halfa million people in 151 U.S. cities. All cause mortality increased by 17 percent with a 24.5 microgram per cubic meter difference in fine particle pollution between the cleanest and dirtiest city studied. These original studies used statistical techniques to adjust for age, and to control for the effects of smoking, diet, and occupational exposure. Health Effects Institute funded researchers, led by Dr. Dan Krewski of the University of Ottawa, undertook a reanalysis of the original studies and a quality audit of the underlying data. Researchers performed an extensive sensitivity analysis using alternative statistical methods, and considering the role of 20 potential confounders such as other pollutants, climate, and socio-economic factors on study results. The sensitivity analysis largely confirmed the original results of the Harvard Six Cities Study and the 2 American Cancer Society Study. In addition, the sensitivity analysis identified higher educational status as a factor associated with reduced risk to air pollution exposure, and reported an association between sulfur dioxide pollution and mortality. Krewski, D., Burnett, R R., Goldberg, M.S. Hoover, K., Siemiatycki, J., Jerrett, M., Abrahamowicz, M., White, W.H, and Others. Reanalysis of the Harvard Six Cities Study and the American Cancer Society Study of Particulate Air Pollution and Mortality. Health Effects Institute, July, 2000. Dockery, D.W., Pope, C.A., Xu, X., Spengler, J.D., Ware, J.H., Fay, M.E., Ferris, B.G., and Speizer, F.E. An Association Between Air Pollution and Mortality in Six U.S. Cities. New England Journal of Medicine, 1993: 329:1753-9. Pope, C.A., Thun, M.J., Namboodiri, M.M., Dockery, D.W., Evans, J.S., Speizer, F.E., and Heath, C.W. Particulate Air Pollution as a Predictor of Mortality in a Prospective Study of U.S. Adults. American Journal of Respiratory Critical Care Medicine, 1995:151:669-74. Chronic Exposure to Particulate Pollution Shortens Lives by One to Three Years There have been two recent attempts to quantify the extent of life shortening predicted by the long-term epidemiological studies. Dutch scientist Dr. Burt Brunekreef made such an estimate in a paper prepared for the World Health Organization's consideration of revisions to the Air Quality Guidelines for Europe. Using risk ratios reported in the Harvard Six Cities Study and the Study of the American Cancer Society cohort, Brunekreef conducted a life table analysis to estimate the effect of particulate air pollution on the survival rate of 25 year-old Dutch men. An extrapolation based on U.S. life tables yields an estimated diminished life expectancy of 1.31 years due to ambient pollution. Dr. C. Arden Pope III, of Brigham Young University, analyzed reductions in life expectancy in the U.S. population due to chronic exposure to particulate matter. He applied relative risks for premature death derived from the prospective cohort studies, and estimated loss of life expectancy ranging from one to three years, depending upon assumptions about the age at which susceptibility to the effects of air pollution begins. Brtmekreef, Butt. Air Pollution and Life Expectancy: Is There a Relation? Occup Environ Mod 1997 Nov; 54(11):781- 4. Pope, C.A. III, Epidemiology of Fine Particulate Air Pollution and Human Health: Biological Mechanisms and Who's at Risk? Environ Health Perseot 108 (suppl 4):713-723 (2000). DAILY MORTALITY STUDIES 90-City National Morbidity, Mortality and Air Pollution Study (NMMAPS) Shows that Contemporary Levels of Air Pollution are Killing People The Health Effects Institute, which is jointly funded by EPA and industry, commissioned an original nationwide study of the short-term effects of air pollution on human health, known as the National Morbidity, Mortality and Air Pollution Study, or NMMAPS. A team of investigators led by Dr. Jonathan Samet of the Johns Hopkins University School 3 of Public Health developed and applied a standardized methodology for examining pollution effects across many cities. Investigators from Johns Hopkins University and Harvard University developed and applied state-of-the-art statistical techniques to examine the effects of multiple pollutants, the extent of life-shortening, and the degree of "exposure measurement error" due to reliance on centrally located air quality monitors. In its study of the 90 largest U.S. cities, NMMAPS found strong evidence linking daily increases in particulate pollution to increases in death. On average, overall mortality increased by 0.5 percent for every 10 microgram per cubic meter increase in PM~0 measured the day before death. The effect was slightly greater for deaths due to heart and lung disease than for total deaths. This risk ratio is somewhat lower than reported by earlier meta-analyses, perhaps due to certain methodological assumptions such as a one- day lag. Samet et al. report that the relative increases in daily mortality partly reflect life shortening on the order of months. The association between particulate matter and mortality persists even when other pollutants are included in the statistical model. Their analyses also provide evidence against arguments that exposure measurement error could explain the associations between particulate matter and adverse health effects. In addition, in a study of 14 U.S. cities, NMMAPS found strong and consistent associations between particulate air pollution and hospital admissions among the elderly. Hospital admissions data was obtained from the Medicare program. The cities were selected for study because they had daily PM~0 measurements. For each 10 microgram per cubic meter increase in PM~0, there was approximately a 1 percent increase in hospital admissions for cardiovascular disease, and about a 2 percent increase in admissions for pneumonia and chronic obstructive pulmonary disease. Cities studied were Birmingham, AL, Boulder, CO, Canton, OH, Chicago, IL, Colorado Springs, CO, Detroit, MI, Minneapolis/St. Paul, MN, Nashville, TN, New Haven, CT, Pittsburgh, PA, Provo/Orem, UT, Seattle, WA, Spokane, WA, and Youngstown, Oil. Investigators concluded that the complementary analyses of mortality and morbidity provide "new and strong evidence" linking particulate air pollution at current levels to adverse health effects. Some of the results from the NMMAPS study were published in an article in the New England Journal of Medicine. Samet, et al. examined the effect of five of the most widespread outdoor air pollutants - particulate matter, ozone, nitrogen dioxide, sulfur dioxide, and carbon monoxide in 20 of the largest cities in the United States. The study was specifically designed to address many of the criticisms of earlier single-city studies. The study found consistent evidence that relatively small daily increases in particulate pollution were followed by daily increases in death rates, particularly from heart- and lung-related causes. Study authors noted that other analyses have demonstrated that the amount of life lost due to particulate pollution goes beyond just a few days. The study 4 investigators also reported an association between summertime ozone levels and mortality. The New England Journal of Medicine article concludes, "there is consistent evidence that the levels of fine particulate matter in the air are associated with the risk of death from all causes and from cardiovascular and respiratory illness. These findings strengthen the rationale for controlling the levels of respirable particles in outdoor air." Samet, J.M., Dominici, F., Zeger, S.L., Schwartz, J., and Dockery, D.W. The National Morbidity, Mortality, and Air Pollution Study. Part I: Methods and Methodologic Issues. Health Effects Institute Research Report 94, Part I, May 2000. Samet, J.M., Zeger, S.L., Dominici, F., Curriero, F., Coursac, I., Dockery, D.W., Schwartz, J., and Zanobetti, A. The National Morbidity, Mortality, and Air Pollution Study. Part II: Morbidity, Mortality and Air Pollution in the United States. Health Effects Institute Research Report 94, Part II, June 2000. Samet, J.M., Domnici, F., Curriero, F.C., Coursac, I., and Zeger, S.L. Fine Particulate Air Pollution and Mortality in 20 U.S. Cities, 1987-1994. New England Journal of Medicine, Vol. 343, No. 24, pp. 1742- 1749, December 14, 2000. Air Pollution Effects Persist for Several Days, Increasing the Overall Risk of Exposure Epidemiological studies have used different assumptions about the number of days following exposure to air pollution that effects will occur. Some studies have assumed that effects occur the day after exposures. However, toxicological evidence suggests that effects of exposure may be observed over several subsequent days. In an analysis using data from New Haven, Birmingham, Pittsburgh, Canton, Detroit, Chicago, Minneapolis, Colorado Springs, Spokane, and Seattle, Dr. Joel Schwartz, of the Harvard School of Public Health, has shown that statistical models that assume a one day lag, such as NMMAPS, grossly underestimate the effect of PM~0 on mortality. Assuming that effects continue over several days, as demonstrated by this analysis, roughly doubles the relative risk of premature mortality. Schwartz, Joel. The Distributed Lag Between Air Pollution and Daily Deaths. Epidemiology 2000;11:320-326). PMz.s from Motor Vehicles and Coal Combustion is Linked to Increased Mortality Investigators from Harvard Medical School used data on the elemental composition of size-fractionated particles to identify the sources of fine particles in six eastern U.S. cities that have been the subject of a long-term air pollution study: Watertown, MA, Kingston-Itarriman, TN, St. Louis, MO, Steubenville, OH, Portage, WI, and Topeka, KS. For example, lead was used as a tracer for motor vehicle exhaust, selenium for coal combustion, and silicon for soil and crustal matter. Each of these fractions was examined in association with daily mortality rates in each city. The study reported that a 10 ~g/m3 increase in PM2.5 from mobile sources accounted for a 3.4% increase in daily mortality, while the equivalent increase in fine particles from coal combustion sources 5 accounted for a 1.1% increase. Fine particles from crustal sources were not associated with mortality. The study concludes that "the results indicate that combustion particles in the fine fraction from mobile and coal combustion sources, but not fine crustal particles, are associated with increased mortality." Laden, F. Neas, L.M., Dockery, D.W., and Schwartz, J. Association of Fine Particulate Matter from Different Sources with Daily Mortality in Six U.S. Cities. Environmental Health Perspectives 108:941~ 947, October 2000. Daily Mortality Studies Pour In From Cities Around the World Studies in new locations and by additional investigators with consistent results help strengthen the case for a causal relationship. EPA's 1996 review of the PM standards cited over two dozen short-term epidemiological studies. Since then, time series studies reporting an association between short-term exposure to particulate matter and early mortality have been published for these U.S. cities: Philadelphia; Ogden, Salt Lake City, and Provo/Orem, Utah; Seattle; Santa Clara County, California; and Buffalo. Additional studies have been published for these major cities all over the world: Toronto; Mexico City; London; Edinburgh; Birmingham, UK; Rotterdam; Helsinki; Madrid; Rome; Milan; Brisbane; Sydney; Delhi; Bangkok; and Seoul and Ulsan, Korea. Many of the new studies have evaluated the sensitivity of the estimated PM effects to the inclusion of other pollutants in the statistical model. Overall, the associations of PM with adverse effects continue to be consistently observed, and sometimes, effects of other air pollutants such as ozone, sulfur dioxide, nitrogen dioxide, and carbon monoxide are also reported. A multi-city study of the short-term health effects of air pollution on mortality and hospital emergency admissions was initiated by the European Union Environment Programme. The study, known as Air Pollution and Health: A European Approach or APHEA, investigated the effects of several pollutants on mortality in 12 European cities. The study reported positive associations with sulfur dioxide and PM~0, and daily increases in mortality, with stronger and more consistent associations observed in western European cities. A quantitative meta-analysis by Jonathan Levy et al. of the Harvard School of Public Health set out to compare mortality estimates from over twenty daily time series studies. Their analysis estimated that mortality rates increased by approximately 0.7 percent per 10 microgram per cubic meter increase in PM~0 concentrations. Investigators reported "our model finds compelling evidence that the PMio-mortality relationship is stronger in locations with higher PM2.fPMw ratios, supporting the hypothesized role of fine particles." U.S. EPA Office of Research and Development. Air Quality Criteria for Particulate Matter. EPA/600/P-99/002b, Oct. 1999, External Review Draft. Katsouyanni, K., Touloumi, G., Spix, C., Schwartz, J., Balducci, F., Medina, S., Rossi, G., Wojtyniak, B., Sunyer, J., Bacharova, L., Schouten, J.P., Ponka, A., and Anderson, H.R. Short Term Effects of Ambient Sulphur Dioxide and Particulate Matter on Mortality in 12 European Cities: Results From Time Series Data From the APHEA Project. British Medical Journal 1997; 314:1658 (7 June). Levy, J. I., Hammitt, J.K., and Spengler, J.D. Estimating the Mortality Impacts of Particulate Matter: What can be Learned from Between-Study Variability? Environ Health Pempect 108:109-117(2000). "HARVESTING" THEORY DISPROVEN Mortality Reported in Short Term Community Health Studies is Not Due to "Harvesting" Numerous short-term epidemiological studies have reported that short-term increases in air pollution are followed by an increased number of deaths. Some have argued that the associations between day to day variations in mortality and air pollution represent a "harvesting" effect, that is, the advancement of death by a few days in people already about to die from other causes. If air pollution advances death of the very frail by only a few days (the "harvesting" hypothesis), then you would expect that an increase in daily deaths would be followed by a decrease in deaths within a few days. Professors Scott Zeger and Francesca Dominici of the Johns Hopkins School of Public Health developed a statistical technique to examine harvesting using data on total suspended particulate matter (TSP) and total mortality in Philadelphia. They found that removing the shortest term fluctuations from their time series increased rather than decreased the estimates of pollution effects. This is the opposite of what would be expected if "harvesting" accounted for all the deaths. As part of the NMMAPS study, Dr. Joel Schwartz of the Harvard School of Public Health studied this issue using data from Boston. He reported that for chronic obstructive pulmonary disease and ischemic heart disease, most of the deaths seem to be advanced by a few months on average. The statistical approach did not allow estimates of life shortening beyond two months. In contrast, for pneumonia, the analysis showed that some deaths are brought forward by a few days, consistent with the harvesting hypothesis. Effect estimates increased when examining longer time periods, suggesting that cumulative exposures are more harmful than daily exposures. Overall, these results suggest that the short-term epidemiological studies underestimate the number of early deaths. Zeger, S.L., Dominici, F, and Samet, J. Harvesting-Resistant Estimates of Air Pollution Effects on Mortality. Epidemiology 1999 Mar; 10(2): 171-5. Schwartz, Joel. Harvesting and Long Term Exposure Effects in the Relation between Air Pollution and Mortality. Am J Epidemiol 2000; 151:440-8. Most Air Pollution Related Deaths Are Being Advanced By Months to Years While the association between particulate air pollution and mortality is generally acknowledged to be causal, critics have claimed that the public health impact is minor, because people are dying just a few days early. This theory is sometimes called "harvesting." This study is based on an examination of daily deaths and hospital admissions in Chicago for the years 1988-1993. If people are dying a few days early, then the death rate should drop a few days after the air pollution event. The analysis shows that this is not the case. The results confirm findings previously reported for Boston and Philadelphia, using a different methodology. The author concludes that the results indicate that air pollution may be increasing the overall number of people at risk of death, and that most of the deaths are being advanced by months to years. Schwartz, Joel. Is Them Harvesting in the Association of Airborne Particles with Daily Deaths and Hospital Admissions. Epidemiology, Vol. 12, No. 1, pp 56-61, January 2001. PM-MORTALITY RELATIONSHIP IS LINEAR, WITH NO THRESHOLDS No Threshold is Evident for the Effect of PM10 on Daily Deaths In the Schwartz and Zanobetti study, Harvard University researchers applied a statistical method to examine the shape of the dose-response relationship between air pollution and daily deaths in ten U.S. cities. The cities studied were New Haven, Birmingham, AL, Pittsburgh, Detroit, Canton, OH, Chicago, Minneapolis-St. Paul, Colorado Springs, Spokane, and Seattle. Simulation studies demonstrated that the method used can detect threshold and other nonlinear relationships in epidemiologic studies. But when used to analyze the association between PM~0 and mortality, no evidence of a threshold was found, and the associations appeared to be linear down to the lowest levels studied. This is consistent with earlier results. An analysis of data for the 20 largest U.S. cites from 1987-1994 from the NMMAPS study also reported that a linear model, without a threshold, was most appropriate for assessing the effects of particulate air pollution on daily mortality for total mortality and for mortality from cardiovascular and respiratory causes, but not for other causes of mortality. Daniels et al conclude: "... the continued demonstration of adverse effects of air pollution over recent decades, even as concentrations of pollutants have declined, suggests that exposures have not yet gone below no-effects thresholds, if such exist." Schwartz, Joel and Zanobetti, Antonella. Using Meta-Smoothing to Estimate Dose-Response Trends across Multiple Studies, with Application to Air Pollution and Daily Death. Epidemiology, Vol. 1 l, No. 6, pp. 666-672, November 2000. Daniels, M.J., Dominici, F., Samet, J.M., and Zeger, S.L. Estimating Particulate Matter-Mortality Dose- Response Curves and Threshold Levels: An Analysis o£Daily Time-Series for the 20 Largest U.S. Cities. American Journal of Epidemiology, Vol. 152, No. 5, pp. 397-406, September 1, 2000. EXPOSURE MEASUREMENT ERROR CRITICISM REFUTED Air Quality Monitors Can Be Used to Track Exposure to Fine Particles Epidemiological studies generally rely on centrally located air quality monitors to assess exposure to ambient air pollutants. Some have argued that these monitors do not represent actual exposures, because people spend a large portion of their day indoors. A study by Dutch scientist Nicole Janssen et al., of 10 - 12 year old school children in Wageningen, The Netherlands compared personal exposure to fine particles with classroom concentrations, and with ambient measurements at an outdoor location. Researchers found that personal fine particle concentrations were highly correlated with ambient concentrations. This finding supports the use of ambient monitoring measurements as an indicator of exposure to fine particles in epidemiological time series studies. Dr. David Mage, of U.S. EPA's Office of Research and Development, and colleagues, demonstrated that human exposure to fine particles of ambient origin is highly correlated in time to ambient PM concentrations measured at monitoring stations within the communities being studied. The NMMAPS study discussed above also addressed the issue of measurement error, through the development of a model to systematically test what effect the relationship between personal exposure and ambient exposure might have on the observed increase in mortality associated with PM. While data to test the model is limited, "theoretical and actual analyses generated appear to refute the criticisms that exposure measurement error couM explain the associations between PM and adverse health effects." Janssen, N.A.H., Hock, G., Narssema, H., and Brunekreef, B. Personal Exposure to Fine Particles in Children Correlates Closely with Ambient Fine Particles. Archives of Environmental Health, March/April 1999, Vol. 54, No., 2, 95-101. Mage, D., Wilson, W., Hasselblad, V., Grant, L. Assessment of Human Exposure to Ambient Particulate Matter. J. Air & Waste Manage. Assoc. 49:1280-1291, Nov. 1999. Zeger, S.L., Thomas, D., Dominici, F., Samet, J.M., Schwartz, J., Dockery, D.W., and Cohen, A. Exposure Measurement Error in Time-Series Studies of Air Pollution. In: The National Morbidity, Mortality, and Air Pollution Study, Part I: Methods and Methodologic Issues. HEI Research Report 94, May 2000. Criteria for Asserting Causality Have Been Met In responding to an article by Dr. John Gamble, Epidemiologist for Exxon Biomedical Sciences, Dr. David Bates, Professor Emeritus of Medicine at University of British Columbia, has re-evaluated the recent evidence health evidence regarding particulate matter and mortality. Determination of causality does not rest on any one study. Instead, a weight of evidence approach is used to evaluate the scientific literature across a series of criteria such as coherence, consistency, strength of association, temporality, analogy, and biologic plausibility. Dr. Bates asserts that all of these criteria have been met by an avalanche of new data that strengthen the case for a causal relationship. Bates, D.V. Lines that Connect: Assessing the Causality Inference in the Case of Particulate Pollution. Environ Health Perspect 108: 91-92: 2000. Gamble, John F. PM2.s and Mortality in Long-term Prospective Cohort Studies: Cause-Effect or Statistical Associations? Environ Health Perspect 106:535-549 (1998). Kunzli, N. and Tager, I.B. Comments on "PM2.5 and Mortality in Long-term Prospective Cohort Studies: Cause-Effect or Statistical Associations?" and Gamble, John. Reply to Kunzli and Tager Regarding Causality in PM2.5 Cohort Studies. Environ Health Perspect 107-5, 1999; Correspondence. People With Pre-Existing Cardiac or Respiratory Conditions Have Higher Than Average Risk of Death from Exposure to Particles Canada's national health insurance system enables access to detailed health records of patients. This permitted Dr. Mark Goldberg and colleagues at McGill University to conduct a detailed analysis of particle pollution and mortality in Montreal. Investigators were able to link individual deaths in Montreal to medical information up to five years before death. These data were used in conjunction with clinical expertise to define susceptible subgroups at risk of premature death from several different measures of particulate pollution. Subjects with acute lower respiratory disease, congestive heart failure, and a combination of cardiovascular diseases died at higher rates for increases in each of the three particulate matter measures. Associations with coefficient of haze and predicted PM2.5 were reported for subjects with cancer, chronic coronary artery disease, and coronary artery disease, while effects of sulfate were associated with acute and chronic upper respiratory disease. Goldberg, M.S., Bailar, J.C. III, Burnett, R.T., Brook, J.R., Tamblyn, R., Bonvalot, Y., Ernst, P., Flegel, K.M., Singh, R.K., and Valois, M-F. Identifying Subgroups of the General Population That May be Susceptible to Short-Term Increases in Particulate Air Pollution: A Time-Series Study in Montreal, Quebec. Health Effects Institute, Research Report Number 97, October 2000. "Coarse" Particles are Also Linked with Disease and Death This study by Dr. Morton Lippmann and colleagues from the New York University School of Medicine attempted to identify components of particulate matter and other air pollution mixtures that were associated with excess daily deaths and hospital admissions of the elderly in the Detroit metropolitan area. Investigators reported that deaths from repiratory diseases were associated with PM~o and total suspended particulates. Unexpectedly, they found that relative risks for PM~o-2.5, the coarse particle fraction, were similar to those for PM2.5, and even higher in the case of ischemic heart disease and stroke. The authors conclude that "the finding of elevated and significant effects for PM~o.2.5 suggests that there may still be a rationale to consider the health effects of the coarse fraction as well as the fine fraction of PM." Lippmann, M., Ito, K., Nfidas, A., and BurneR, R.T. Association of Particulate Matter Components with Daily Mortality and Morbidity in Urban Populations. Health Effects Institute Research Report Number 95, August 2000. 10 BIOLOGIC MECHANISMS AND CARDIAC EFFECTS Air Pollution Tied to Low Heart Rate Variability, a Risk Factor for Heart Attacks Particulate air pollution has been linked to cardiovascular mortality in a number of studies, but the mechanisms for this effect are not well understood. Recent research centers on the effect of pollution on heart rate and heart rate variability. Low heart rate variability is a marker of poor cardiac control by the autonomic nervous system, and is associated with a higher risk of heart attacks and sudden cardiac death. One hypothesis is that inhalation of particle air pollution may trigger an inflammatory response in the lung, followed by the release of chemical mediators that affect autonomic nervous system control of the heart beat. Pope, et al. measured oxygen saturation and pulse rate in a panel of 90 elderly residents of the Utah Valley, using a small medical device known as an oximeter. The experiment was conducted during the winter months, when PM concentrations are highest. Researchers found little evidence of pollution effects on the oxygen carrying capacity of the blood, but observed that a small elevation in pulse rate was associated with a rise in PM10 levels. The medical and biological relevance of this effect is unclear. Dr. Duanping Liao, of the University of North Carolina, and co-investigators, conducted daily electrocardiogram measurements on elderly nursing home residents outside Baltimore, Maryland. Harvard physician Dr. Diane Gold et al. studied 53- to 87- year old active residents of Boston. 25 minutes of electrocardiogram measurements during different exercise states were taken on a weekly basis. Both the Baltimore and Boston studies found that elevated concentrations of fine particulate matter were associated with lower heart rate variability, and that the association was stronger for people with pre- existing cardiovascular conditions. Pope, C.A., Dockery, D.W., Kanner, R.E., Villegas, G.M., and Schwartz, J. Oxygen Saturation, Pulse Rate, and Particulate Air Pollution: A Daily Time-Series Panel Study. Am J Respir Crit Care Med 1999; 159:363-372. Liao, D., Creason, J., Shy, C., Williams, R., Watts, R., and Zweidinger, R. Daily Variation of Particulate Air Pollution and Poor Cardiac Autonomic Control in the Elderly. Environ Health Perspect 107:521-525 (1999). Gold, D.R., Litonjua, A., Schwartz, J., Lovett, E., Larson, A. Nearing, B., Allen, G., Verrier, M., Cherry, R., and Verrier, R. Ambient Pollution and Heart Rate Variability. Circulation. 2000; 101:1267. Stone, P.H. and Godleski J.J. First Steps Toward Understanding the Pathophysiologic Link Between Air Pollution and Cardiac Mortality. Am Heart J 1999;138:803-7. Increased Heart Rate and Plasma Viscosity During an Air Pollution Episode Suggest Possible Mechanisms The World Health Organization Monitoring Survey of Trends and Determinants in Cardiovascular Disease (the "MONICA" survey) took place in Augsburg, in Southern Germany during the winter of 1984-1985. Over 4,000 randomly selected adults 11 participated, and received electrocardiograms to measure their resting heart rate, and donated blood samples to measure plasma viscosity. Electrocardiograms were administered again in 1987-1988. In January 1985, an air pollution episode occurred throughout central Europe, with elevated concentrations of sulfur dioxide, total suspended particulates, and carbon monoxide. During the air pollution episode, higher heart rates were observed for men and women, after adjusting for cardiovascular risk factors and weather. An elevated resting heart rate is a risk factor for death and fatal heart disease, and may signal changes in the autonomic control of the heart, that might partially account for the adverse health effects observed in association with air pollution. One hypothesis is that increased plasma viscosity might lead to constricted blood flow in the heart (ischemia), which can be fatal in people with severe coronary heart disease. During the air pollution episode, increases in plasma viscosity were observed, and persisted after adjusting for other cardiovascular risk factors and weather. German researcher Annette Peters, et al. conclude that "the increased plasma viscosity observed in these analyses of a cross-sectional survey might therefore represent a part of the pathophysiological chain linking high ambient air pollution to increased mortality and hospital admissions for cardiovascular diseases." An alternate hypothesis is proposed by Professsor Anthony Seaton of the University of Aberdeen Medical School. He collected blood samples from 112 elderly people in two cities in the U.K. over an 18-month period, and examined various blood values in comparison to PM~0 concentrations. Based on the analysis, Seaton suggests that inhalation of some component of PM~0 may cause sequestration of red blood cells, which may explain the cardiovascular effects reported in other studies. Peters, A., Perz, S., Doring, A., Stieber, J., Koenig, W., and Wichmann, H.E. Increases in Heart Rate During an Air Pollution Episode. Am J Epidemiol 1999; 150:1094-8. Peters A., Doring A., Wichmann H.E., and Koenig, W. Increased Plasma Viscosity During an Air Pollution Episode: A Link to Mortality? Lancet 1997 May 31; 349(9065):1582-7. Seaton, A., Soutar A., Crawford, V., Elton, R., McNerlan, S., Cherrie, J., Watt, M., Agius, R., Stout, R. Particulate Air Pollution and the Blood. Thorax 1999 Nov;54(11): 1027-32. Heart Patients Vulnerability to Potentially Fatal Arrhythmias Increases After Exposure to Air Pollution A pilot study was designed to test the hypothesis that heart patients with a history of serious arrhythmia requiring implanted cardiac defibrillators experience potentially life- threatening arrhythmias following short term increases in air pollution. Defibrillators monitor electrical activity of the heart and initiate interventions such as pacing or shock therapy to restore a normal heartbeat. The devices record information on arrhythmic events. 12 One hundred heart patients in eastern Massachusetts were followed for a three-year period. The study found that a subgroup of these patients -- those with more than ten defibrillator events -- were most susceptible to pollution, with effects occurring one to two days after exposure. Among these patients, the strongest associations were with nitrogen dioxide, but positive associations were reported for PM10 and PM2.5 exposures as well. Peters, A., Liu, E., Verrier, R.L., Schwartz, J., Gold, D.R., Mittleman, M., Baliff, J., Oh, J.A., Allen, G., Monahan, K., and Dockery, D.W. Air Pollution and Incidence of Cardiac Arrhythmia. Epidemiology 2000 Jan; 11 (I): 11-7. Combustion Source Metals May Trigger Biologic Responses to Ambient Particulate Matter Researchers have been trying to determine whether one component of particulate matter- such as metals - is responsible for the toxic effects. U.S. EPA investigators led by Dr. Daniel Costa obtained samples of particulate matter from oil and coal fly ash and ambient air from St. Louis, MO, Washington, DC, Dusseldorf, Germany, and Ottawa, Canada. The fly ash is rich in metal components such as iron, copper, nickel, vanadium, and zinc, as well as sulfate. Laboratory rats were instilled with PM samples from these sources, and lung cells were obtained via bronchoalevolar lavage and analyzed for signs of cell injury. Investigators found that the constituent metals and their bioavailability determine the acute inflammatory response of PM samples in lung tissue. In a second experiment, rats were pretreated with a chemical intended to model certain disease conditions, namely inflammation of blood vessels and high blood pressure in the lungs. These animals were instilled with the fly ash samples, and lung cells were obtained for laboratory examination. After 96 hours of exposure, there was clear evidence of lung inflammation, however many of the test animals had died, apparently due to altered cardiac function. Survivors had increased electrocardiographic changes. Investigators hypothesize that soluble metals from PM mediate an array of injuries to the cardiopulmonary system of healthy and at-risk subjects. Costa, D. L., and Dreher, K.L. Bioavailable Transition Metals in Particulate Matter Mediate Cardiopulmonary Injury in Healthy and Compromised Animal Models. Environ Health Perspect 105(Suppl 5): 1053-1060 (1997). Laboratory Research on Dogs Suggests that PM May Harm People with Heart Disease This toxicology study by Harvard pathologist Dr. John Godleski is one of the first to test whether exposure to particulate matter can change heart function in laboratory animals. Two groups of dogs were tested - healthy dogs, and dogs with an induced coronary occlusion intended to simulate human coronary artery disease. Researchers exposed dogs to concentrated particles from the ambient Boston air. Both the normal and the compromised animals showed effects, but the clearest sign of PM effects was found in the dogs with the induced heart condition. The occluded animals were more susceptible 13 to serious arrhythmias when exposed to air pollution. The electrocardiogram signals for these dogs indicated more rapid development of ischemia, an inadequate flow of blood through the heart that can lead to a heart attack. Study reviewers concluded: "this is a plausible and important mechanism to explain the association of increased cardiopulmonary mortality and exposure to particle pollution." Godleski, J.J., Verrier, R.L., Koutrakis, P., and Catalano, P. Mechanisms of Morbidity and Mortality from Exposure to Ambient Air Particles. Health Effects Institute Research Report Number 91, February 2000. Concentrated Air Particles Induce Pulmonary Inflammation and Blood Changes in Humans Effects of particles are showing up not only in laboratory animals, but also in a chamber study with human subjects performed by EPA research physician Dr. Andrew Ghio and colleagues. This controlled exposure study of young, healthy volunteers examined the effect of exposure to concentrated ambient particles from Chapel Hill, North Carolina. Volunteers alternated between moderate exercise and rest over a two-hour period in a chamber with high particle concentrations. No symptoms or decrements in pulmonary function were noted. However, eighteen hours after exposure, lung tissue had a higher concentration ofneutrophils, a marker of inflammation. Blood work indicated a higher concentration of fibrinogen, which is a risk factor for clotting and heart attacks. Ghio, A.J., Kim, C., and Devlin, R.B. Concentrated Ambient Air Particles Induce Mild Pulmonary Inflammation in Healthy Human Volunteers. In Press. HOSPITAL AND EMERGENCY ROOM VISITS Air Pollution May Account for Five Percent of Cardiac Hospital Admissions Numerous studies have focused on mortality because it is an easy to measure effect for which data is readily available. It is important to note that early deaths represent just the tip of the iceberg of particulate related health effects. For each death, there are many more people admitted to the hospital, and for each hospital admission, many more visits to emergency departments and doctors offices. Similarly, for each patient who visits an emergency clinic, many more experience uncomfortable respiratory symptoms or days when they must restrict their activity, increase their use of medication, or remain indoors. Increased hospital admission rates represent one of the most serious effects of air pollution. This study examined the association between PM~0, carbon monoxide, and hospital admissions of the elderly for heart disease across eight urban counties with different pollution and weather profiles. The eight locations are: Chicago; Colorado Springs; New Haven; Minneapolis; St. Paul; Seattle; Spokane; and Tacoma. The study design was intended to minimize confounding by weather or other pollutants. Associations of both PM~0 and CO with cardiovascular hospital admissions were observed in areas with widely varying correlations between these pollutants and weather factors or other air pollutants. Overall, the results suggest that air pollution may be responsible for five percent of hospital admissions for heart disease, representing an enormous public health impact. Schwartz, Joel. Air Pollution and Hospital Admissions for Heart Disease in Eight U.S. Counties. Epidemiology 1999; 10:17-22). Emergency Room Visits for the Respiratory Illness in the Elderly Linked to Air Pollution Consistent with reports of aggravated symptoms in those with chronic respiratory conditions, a study in Montreal, Canada found strong associations between air pollution and emergency room visits for patients over 64 years of age during 1993, when more data were available. Positive associations were reported for ozone, PM~0, PM2.5, and sulfate, at air pollution levels well below the U.S. air quality standards. The elderly are especially susceptible to the effects of air pollution. The NMMAPS study, discussed above, reported strong and consistent associations between particulate air pollution and hospital admissions among the elderly for cardiovascular disease, pneumonia, and chronic obstructive pulmonary disease. Delfino, R.J., Murphy-Moulton, A.M., Burnett, R.T., Brook, J.R., and Becklake, M.R. Effects of Air Pollution on Emergency Room Visits for Respiratory Illnesses in Montreal, Quebec. Am J Respir Crit Care Med 1997; 155:568- 576. Pre-Existing Cardiovascular Disease Increases the Risk of PM-Related Hospital Admissions for Respiratory Causes This ten-year study of Medicare patients in Chicago was designed to identify subgroups that are especially susceptible to particulate pollutions. Researchers examined records of previous hospital admissions and secondary diagnoses to determine wither people with certain conditions were predisposed to having a greater risk from air pollution. Investigators found that people with asthma had double the risk of a PM~0-associated hospital admission, and that people with heart failure had double the risk a PM~0-induced COPD admission. The authors conclude, "the results suggest that patients with acute respiratory infections or defects in the electrical control of the heart are a risk group for particulate matter effects." Zanobetti, A., Schwartz, J., and Gold, D. Are There Sensitive Subgroups for the Effects of Airborne Particles? Environmental Health Perspectives Vol. 108, No. 9, pp. 841-845, September 2000. INFANT MORTALITY AND EFFECTS ON CHILDREN Growth in Children's Lung Function is Slowed by Air Pollution 15 Researchers with the Children's Health Study led by the University of Southern California have monitored levels of major air pollutants in a dozen southern California communities since 1993, while tracking the respiratory health of more than 3,000 school age children. The twelve communities, which fell along a gradient of air pollution levels, were all within a 200-mile radius of Los Angeles. The California towns studied were Alpine, Atascadero, Lake Arrowhead, Lake Elsinore, Lancaster, Lompoc, Long Beach, Mira Loma, Riverside, San Dimas, Santa Maria, and Upland. In fourth-graders, significant deficits in growth of lung function were associated with various measures of fine particles (PM~0, PM2.5, and PM10-2.5), nitrogen dioxide, and inorganic acid vapor, but not with ozone. The deficits were larger for children that spent more time outdoors. "This is the best evidence yet of a chronic effect o fair pollution in children," said Dr. John Peters, University of Southern California professor of preventative medicine and one of the study authors. The study concluded that "the results suggest that exposure to air pollution may lead to a reduction in maximal attained lung function, which occurs early in adult life, and ultimately to increased risk of chronic respiratory illness in adulthood." Gauderman, J.W., McConnell, R., Gilliland, F., London, S., Thomas, D., Avol, E., Vora, H., Berhane, K., Rappaport, E.B., Lurmann, F., Margolis, H.G., and Peters, J. Association between Air Pollution and Lung Function Growth in Southern California Children. American Journal of Respiratory and Critical Care Medicine, Vol. 162. pp 1383-1390, 2000. Doctor Visits Climb In Relation to Air Pollution In Paris, France, doctors still make house calls, and public records on the reason for the visits are available through the French national health insurance program. This enabled investigators to examine a significant but understudied health endpoint, doctor visits, that affects a much larger number of patients than those admitted to hospitals or treated in emergency departments of hospitals. The statistical model of daily air pollution effects used in this study controlled for season, pollen counts, influenza epidemics and weather. Medina et al. report that house calls for asthma for children 0-14 years old showed the strongest association with air pollution. Medina, S., Le Tertre, A., Quenel, P., Le Moullec, Y., Lameloise, P., Guzzo, J.C., Festy, B., Ferry, R., and Dab, W. Air Pollution and Doctors' House Calls: Results from the ERPLrRS System for Monitoring the Effects of Air Pollution on Public Health in Greater Paris, France, 1991-1995. Environmental Research 75, 73-84, 1997. Air Pollution May Contribute to Infant Mortality A small but growing body of literature suggests that air pollution may contribute to infant mortality. British scientists Bobak and Leon analyzed infant mortality and several measures of long-term exposure to air pollutants in highly polluted regions of the Czech Republic. They found a consistent, positive association between PM10 levels and post neonatal infant mortality from respiratory causes, after controlling for socioeconomic factors and other pollutants. 16 Dr. Dana Loomis, of the University of North Carolina, and co-workers found that air pollution is associated with acute increases in infant mortality in Mexico City after controlling for temperature and other factors. Increases in fine particles, ozone and nitrogen dioxide resulted in an increased number of infant deaths 3 to 5 days later. The effect of particles was the most consistent and the least sensitive to the presence of other pollutants. A study by EPA scientist Dr. Tracey Woodruff et al., of 86 cities in the United States reported an association between infant mortality and the level of inhalable particles in the first two months of life. Bobak, M. and Leon, D.A. The Effect of Air Pollution on Infant Mortality Appears Specific for Respiratory Causes in the Postneonatal Period. Epidemiology 1999; 10:666-670. Loomis, D., Castillejos, M., Gold, D.R., McDonnell, W., and Borja-Aburto, V.H. Air Pollution and Infant Mortality in Mexico City. Epidemiology 1999; 10:118-123. Woodruff, T.J., Grillo, J., and Schoendorf, K.C. The Relationship Between Selected Causes of Postneonatal Infant Mortality and Particulate Air Pollution in the United States. Environ Health Perspect 1997; 105:607-612. Air Pollution In Highly Polluted Regions May Cause Low Birth Weight Infants Low birth weight is the most important predictor for neonatal mortality in developed and developing countries, and is a significant determinant of infant health and survival. A large study in Beijing, China looked at maternal exposure to air pollution during pregnancy and subsequent birth weight of infants. Coal stoves used for heating and cooking are a major source of indoor and outdoor air pollution in the study region. Xiaobin Wang of the Boston University School of Medicine and colleagues found a significant exposure-response relationship between maternal exposure to sulfur dioxide and total suspended particles during the third trimester of pregnancy and low birth weight. Wang, X., Ding, H., Ryan, L., and Xu, X. Association Between Air Pollution and Low Birth Weight: A Community- Based Study. Environ Health Perspect (1997); 105:514-520. ASTHMA EXACERBATION Children's Emergency Room Visits for Asthma Increase on High Air Pollution Days "Asthma is the most common chronic illness in children and the cause of most school absences," state Norris et al., in their study of children's emergency department visits for asthma. University of Washington investigators found significant associations between pediatric hospital visits for asthma and increased daily concentrations of PM and carbon monoxide in Seattle. Significantly, exacerbation of asthma was evident even when daily PM2.s concentrations were substantially below the level of the newly adopted National Ambient Air Quality Standard of 15 ug/m3 annually. 17 In perhaps the largest study of pediatric asthma visits to date, Dr. Paige Tolbert, of the Rollins School of Public Health at Emory University, and co-investigators, obtained data on emergency department visits for three summers from seven large Atlanta area hospitals. The study included information on a variety of pollutants including spatial resolution of ozone data, a broad range of exposure levels, and a balanced distribution of socioeconomic status in the study population. Increases in both ozone and particulate matter were found to heighten the risk of pediatric emergency room visits for acute asthma. According to the authors, "the study suggests continuing health risks at pollution levels that commonly occur in many U.S. cities," and "supports accumulating evidence regarding the relation of air pollution to childhood asthma exacerbation." Norris, G., YoungPong, S.N., Koenig, J.Q., Larson, T.V., Sheppard, L., and Stout, J.W. An Association Between Fine Particles and Asthma Emergency Department Visits for Children in Seattle. Environ Health Perspect 107:489-493 (1999). Tolbert, P.E., Mulholland, J.A., Macintosh, D.D., Xu, F., Daniels, D., Devine, O.J., Carlin, B.P., Klein, M., Dorley, J., Butler, A.J., Nordenberg, D.F., Fmmkin, H., Ryan, P.B., and White, M.C. Air Quality and Pediatric Emergency Room Visits for Asthma in Atlanta, Georgia. Am J Epidemiol 2000; 151: 798-810. Children with Asthma are More Susceptible to Respiratory Effects Increased particle concentrations have been associated with acute reductions in lung function and increased symptom reporting in children, including children with asthma. Dr. Sverre Vedal, Professor of Medicine at the University of British Columbia, and co- workers followed a group of 2,200 elementary school children in a pulp mill community on Vancouver Island, in Canada. Concentrations of potentially important copollutants such as sulfur dioxide, ozone, and acid aerosol were very low in the study community. Vedal et al. found that children experience declines in peak expiratory flow, a measure of respiratory function, and increased symptoms such as cough, phlegm production, and sore throat, after increases in relatively low 24-hour PM~0 concentrations. Children with asthma were found to be more susceptible to these effects than other children. Vedal, S., Petkau, J., White, R., and Blair, J. Acute Effects of Ambient Inhalable Particles in Asthmatic and Nonasthmafic Children. Am J Respir Crit Care Med 1998, Vol. 157, No. 4, 1034-1043. Children's Asthma Symptoms Increase on High Pollution Days This study followed a group of 133 children with mild to moderate asthma, ages 5-13, in the Seattle, Washington area. Daily reports of asthma symptoms were obtained fi.om study diaries and compared with daily air pollution levels during 1994 and 1995. Researchers found that a 30 percent increase in symptoms for each 10 gg/m3 increase in PMk.0 and an 18 percent increase in symptoms for a 10 gg/m3 increase in PM~0. Effects were also increased with carbon monoxide increases, which authors assume serves as a marker for vehicle exhaust. Study authors conclude: "These results for daily symptoms 18 complement the other Seattle-area studies that found air pollution health effects for emergency department visits and hospital admissions. Taken together, these studies suggest that the health effects among asthmatics from short-term changes in air pollution levels are an important public health problem." Yu, O., Sheppard, L., Lumley, T., Koenig, J.Q., and Shapiro, G.G. Effects of Ambient Air Pollution on Symptoms of Asthma in Seattle -Area Children Enrolled in the CAMP Study. Environmental Health Perspectives, Vol. 108, No. 12, pp. 1209-1214, Dec. 2000. Particulate Pollution Worsens Bronchitis in Asthmatic Children A University of Southem California School of Medicine study of more than 3,600 fourth, seventh and tenth grade children relied on parent questionnaires to identify children with pre-existing asthma or wheeze, and to assess their bronchitic symptoms. The students lived in 12 communities in Southern California with a broad range of air pollution levels: Alpine; Ataseadero; Lake Elsnore; Lake Gregory; Lancaster; Lompoc; Long Beach; Mira Loma; Riverside; San Dimas; Santa Maria; and Upland, California. Children with asthma were much more likely than other children to experience bronchitis and phlegm in relation to PM10 exposures. McConnell, R., Berhane, K., Gilliland, F., London, S.J., Vora, H., Avol, E., Gauderman, W.J., Margolis, H.G., Lurmann, F., Thomas, D.C., and Peters, J.M. Air Pollution and Bronchitic Symptoms in Southern California Children with Asthma. Environ Health Perspect 107:757-760 (1999). Peters, J.M., Evol, E., Navidi, W., London, S.J., Gauderman, W.J., Lurmann, F., Linn, W.S., Margolis, H., Rappaport, E., Hong, J. Jr., and Thomas, D.C. A Study of Twelve Southern California Communities with Differing Levels and Types of Air Pollution; I. Prevalence of Respiratory Morbidity. Am J Respir Cdt Care Med 1999; 159L760-767. Etzel, Ruth A. Research Highlights: Air Pollution and Bronchitic Symptoms in Southern California Children With Asthma. Environ Health Perspect Vol. 107, No. 9, September 1999. Cleaning Up Air Pollution Improves the Respiratory Health of Children A rather dramatic improvement in air quality in East Germany occurred following the German reunification in 1990. Researchers wanted to study if the declines in air pollution had produced a corresponding improvement in health, and they focused in on a cohort of first-, third-, and sixth-grade children in three East German communities. During the study period, bronchitis, ear infections, and frequent colds were dramatically reduced. Authors found that "the prevalence of nonasthmatic respiratory symptoms and diseases was higher in children living in more polluted communities, especially with respect to TSP and S02, suggesting that disease occurrence may be reduced within a short period by improvement in air quality." Heinrich, J., Hoelscher, B., and Wichmann, H.E. Decline of Ambient Air Pollution and Respiratory Symptoms. American Journal of Respiratory and Critical Care Medicine, Vol. 161, pp. 1930-1936, 2000. RECENT RISK ASSESSMENTS 19 Air Pollution from Power Plants Responsible for 30,000 Premature Deaths Each Year in U.S. This analysis by Abt Associates used EPA-approved emissions and air quality modeling techniques to forecast ambient air quality in 2007, assuming full implementation of the Clean Air Act's acid rain control program, and the EPA's 1999 "NOx State Implementation Plan (SIP) call." Analysts then applied risk functions derived from epidemiological studies to estimate health impacts of power plant emissions in the U.S. The focus of the study was on gaseous emissions of sulfur dioxide and nitrogen oxides that are converted in the atmosphere to fine particle sulfates and nitrates. The analysis estimated that 30,100 deaths may be attributed to power plant emissions each year. In addition, power plant emissions causes 20,100 hospitalizations for respiratory and cardiovascular causes, more than 7,000 asthma-related emergency room visits, 18,600 cases of chronic bronchitis, 600,000 asthma attacks, over 5 million lost work days, and over 26 million minor restricted activity days. Reductions in emissions from uncontrolled power plants could substantially reduce the adverse health effects. In addition, analysis used a simpler model to estimate the impacts of emissions from on- and off-road diesel engines. The analysis reported that 15,400 premature deaths each year are attributable to the diesel contribution to fine particle concentrations. In addition, there are an estimated 11,100 cases of chronic bronchitis due to diesel emissions, thousands of hospitalizations due to chronic obstructive pulmonary disease, pneumonia, asthma, and cardiovascular causes, and over a million cases of minor illness such as acute bronchitis, upper and lower respiratory symptoms, and asthma attacks. Because of the use of different models, these results are not directly comparable to the power plant estimates. Abt Associates, Inc. with ICF Consulting, and E.H. Pechan Associates, Inc. Prepared for Clean Air Task Force. The Particulate-Related Health Benefits of Reducing Power Plant Emissions. October 2000. Air Pollution Causes 40,000 Premature Deaths Each Year in Alpine Countries As part of an assessment prepared for the World Health Organization, Nino Kfinzli and coauthors estimated health risk attributable to PM~0 pollution in three European countries, Austria, France, and Switzerland. Using functions of health risk obtained from epidemiological studies, the authors estimate that air pollution caused six percent of total mortality, or more than 40,000 cases each year, with about half associated with motor vehicle pollution. In addition, the study estimated that 47,000 new cases of chronic bronchitis in adults, more than 500,000 episodes of bronchitis in children, and more than a million asthma attacks are attributable to air pollution each year. Despite uncertainties inherent in risk assessment, this analysis highlights the magnitude of the public health bm-den attributable to current levels of air pollution. Kunzli, N., Kaiser, R., Medina, S., Studnicka, M., Chanel, O., Filliger, P., Herry, M., Horak, F. Jr., Puybonnieux-Texier, V., Quenel, P., Schneider, J., Seethader, J., Vergnaud, J-C., and Sommer, H. Public- 20 Health Impact of Outdoor and Traffic-Related Air Pollution: A European Assessment. The Lancet, Vol. 356, pp. 795-801, September 2, 2000. 21 An Affiliate of Media Genera~ Advertising Affidavit (This isnot a bill P~ease pay from invoice) P. O, Box 85333 Richmond, Virginia 23293-000i (804) 649-6000 Account NUm. ] 22080(; 04/02/2003 Date Code Description Ad Size Total Cost ATTACH Media General Operations, Publisher of THE RICHMOND TiMES-DISPATCH This isto ce~ify that the attached TAKE N(3TICF,~AKE N(3T[c-F was PubliShed by Richmond Newspapers, Inc. in the State of Virginia, on the following dates: 03/26/2003 04/02/2003 HERE Newspaper refe fence: Sworn to and subscribed before methis L~:~ ~3 Notary Public 1361024 SupervisOr State of Virginia City of RiChmond My Commission expires THIS IS NOTA BILL, PLEASE PAY FROM INVOICE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Item Number: 16.E. Subiect: PUBLIC HEARING: Consider the Conveyance of 5.1 Acres on Chester Road to Chesterfield Alternatives, Incorporated County Administrator's Comments: County Administrator: ~~_ Board ActionRequested: Authorize the conveyance of 5.1 acres on Chester Road to Chesterfield Alternatives, Incorporated. Summary of Information: On March 26, 2003 the Board of Supervisors set this public hearing to consider the conveyance of 5.1 acres on Chester Road to Chesterfield Alternatives, Incorporated. The assessed value is $92,000. The Community Services Board ("CSB") has negotiated an agreement with Chesterfield Alternatives, Inc. ("CAI") to construct a 7,800 square foot building on the parcel that could be used by the CSB for its program serving adults with serious mental illness. CAI has determined that if it can acquire the site for a nominal value ($10), it could finance and construct a building and lease to the CSB on a long-term basis. The CSB has a critical need for a modern, custom-designed facility to replace its current aging and outdated facility now leased from a private landlord. The CSB has determined that suitable rental space is not currently available. Once CAI completes construction of the structure, the CSB would have exclusive use of the facility to house its program, which will serve up to 150 County citizens with psychiatric disabilities in need of specialized rehabilitation services. CAI has agreed to manage the property and maintain it according to standards set by the CSB. Approval is recommended on the condition that a lease agreement is entered into between the CSB and CAI in a form approved by the County Attorney. District: Bermuda Preparer: John W. Harmon Title: Ri,qht of Way Manaqer Attachments: Yes ~]No VICINITY SKETCH PUBLIC HEARING: CONSIDER THE CONVEYANCE OF 5.1 ACRES ON CHESTER ROAD TO CHESTERFIELD ALTERNATIVES, INC. TERJO LN N 00029; / 000~4 An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293~000i (804) 649~6000 Code Description Account Num. 220806 04102/2003 Ad Size Total Cost RD© 200 x !7:00 ATTACH HERE Media General Operations, Inc. Publisher of THE R~CHMOND TiMES-DiSPATCH This ]s to certify that the attached TAKE N©T~CF, TAKF, NC)TIC[ was publ)shed by Richmond NeWspapers, ]nc, in the City °f Richm°ndi state of V~rginia, on the following dates: ~ 04/02/2003 The first inseAion being given,... 04/02/2003 Newspaper reference: Sworn to and subscribed before 1364213 me this_ Notary Public Supervisor State of Virginia C~tY of Richmond My Commission expires THIS IS NOT A BILL. PL~SE PAY FROM INVOICE. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 9, 2003 Subiect: PUBLIC HEARING: Ordinance Right of Way Known as Belleau Drive within Bonaventure, County Administrator: Item Number: 16.F. to Vacate a Portion of an Unimproved Section 1 Board Action Requested: Adopt right of way known as Belleau Drive within Bonaventure, Section 1. Summary of Information: an ordinance to vacate a portion of an unimproved Alexender J. and Carol M. Bilter have submitted an application requesting the vacation of a portion of an unimproved right of way known as Belleau Drive within Bonaventure, Section 1. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes ~-]No 000295 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF AN UNIMPROVED RIGHT OF WAY KNOWN AS BELLEAU DRIVE WITHIN BONAVENTURE SUBDIVISION MONTA B~N~O~DR T~ EPIC a~,GI4'ELL Cheste~eld County Department of Utilities Right Of Way Office Chestmfleld County Deparb~ent of Utilities Right Of Way Office N 000297 Advertising Affidavit (This is not a bill. Please pay from invoice) CHF. STERRFII,D CO RIGHT WAY RIGHT O'F WAY DERPT 671 (~ W KRAI IgE ROAD CHER STER-RFfFJ ,D VA 2~832 P.O. Box 85333 Richmond, Virginia 232934)001 (804) 649-6000 04102/200~, 04/02/200t 121 TAKER NOTICF, THAT ON APRII, 9 2003 AT 700 P ZOO x tfi.O0 :~1816 ATTACH Media General Operations, Inc. Publisher of THE RiCHMOND Tg~ES-DISPATCH This iS tO certify that the attached TAKE N©TIcETHAT ON was published by Richmond Newspapers, inc. in the City of Richmond, Stat(~ of Virginia, on the foil°Wing dates: HERE 03/26/2003 04/02/2003 The first insertion being given Newspaper reference: 1365921 Sworn to and subscribed before 03/2fi/2003 tate of Virginia of R ch ond Y Commission expkes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: April 9, 2003 Item Number: 16.G. PUBLIC HEARING: To Consider the Exercise of Eminent Domain for the Acquisition of Easements for the Bermuda Orchard Waterline Project and Authorization to Take Such Easements Prior to Eminent Domain Proceedings County Administrator's Comments: County Administrator: Board Action Requested: Approve the exercise of eminent domain for the acquisition of Easements for the Bermuda Orchard Waterline Project, and authorization to enter and take such easements prior to eminent domain proceedings. Summary of Information: On March 25, 2003 an offer of $4,625.00 was made to Southbend Landing L.L.C. for the acquisition of easements for the Bermuda Orchard Waterline Project. This offer has not been accepted. Authorization at a public hearing will allow the county to take immediate title to the easements and once a certificate is filed, will obligate the county to acquire the easements. Staff will continue to negotiate with Southbend in an effort to reach a settlement. Approval is recommended. District: Bermuda Preparer: John W, Harmon Title: Ri.qht of Way Manaqer Attachments: Ycs ~--] No # 000298 VICINITY SKETCH PUBLIC HEARING: CONSIDER TI-IZ EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF EASEMlgNTS FOR THE BERMUDA ORCHARD WATERLINE PROJECT AND AUTHORIZATION TO TAKE SUCH EASEMENTS PRIOR TO EMINENT DOMAIN PROCEEDINGS 8 ENON CHURCH RD / / / II ;:~;[~1 l~l pLAT OF EASEMENT CONVEYANCE I'~ .,_ ..,~,~,,~,, .E.M.OA O.C"~E. WA.E. MA,. I~~~~ 29E, ' ' VAF?IE$ x, 5248 Olde Towhe Road, Suite Williamsburg, Virginia 23188 (757) 253-0040 Fax 1757l 220-8994 00030~ An Affiliate of Media Genera] Advertising Affidavit (This is not a bill, Please pay from invoice) P.O. Bo× 85333 Richmond, Virginia 23293~0001 (804) 649-6000 RJC~HT OF W~AV F)RPT 6710 W KRAal JNF, ROAD VA 23~2 Ad Size TAKR NOTICRTHAT ON APRIl 9 2_001 AT 700 P 220696 0410212003 2.00 x 1t ~ t10 44 ATTACH HERE Media Genera~ Operations, Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©TlfCF, THAT ON APB was published by Richmond Newspapers, inc. in the City of Richmond, State of Virginia, on the following dates: 04/02/2003 The first insertion being given Newspaper reference: Sworn to and subscribed before me this_ Notary Public State of Virginia My Commission expires gu 1370507 04102 2003 HIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: April 9, 2003 Item Number: 17. Subiect: Adjournment and Notice of Next Scheduled Meeting of of Supervisors County Administrator's Comments: the Board County Administrator: Board Action Requested: Summary of Information: Motion of adjournment held on April 23, 2003 and notice of at 4:00 p.m. a regularly scheduled meeting to be Preparer: Lisa H. Elko Attachments: [---] Yes Title: No Clerk to the Board 00030~.