Loading...
04-23-2003 PacketsCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 23, 2003 Item Number: 2. Subject: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Recognize the young people and the teacher sponsors who are participating in Model County Government. Summary of Information: Approximately 75 students, representing each of the county's high schools, are participating in this year's Model County Government program. This program is designed to give high school government students an opportunity to see their local government in action. In addition to attending today's board meeting, students have also attended a school board meeting and tomorrow morning each student will shadow a county or school official. This year's program has been coordinated by Youth Services, in cooperation with the school's Instructional Specialist for Social Studies and the Extension Service. Preparer: Jana D. Carter Title: Director, Youth Services Attachments: -] Yes No O0000:t CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 23, 2003 Item Number: 7.A. Subiect: Consideration of an Ordinance Banning Open Burning of Debris Waste in the County County Administrator's Comments: County Administrator: Board Action Requested: Consideration of the attached ordinance in conjunction with relating to revisions to regulations controlling open burning. Item 17.B. Summary of Information: At the April 9 meeting, the Board conducted a public hearing on the attached ordinance which bans open burning in the County. At the conclusion of the public hearing, the Board deferred consideration of the ordinance, as well as an ordinance providing greater restrictions on open burning and providing for a fee-based permitting system.. 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 had 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. Preparer: Steven L. Micas Title: County Attorney 0505(00) :60842.4(60841.1) Attachments: Yes ~ No O0000Z COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: The Honorable Members of the Board of Supervisors Lane B. Ramsey, County Attorney April 16, 2003 Recommendations for Changes to the Open Burning Ordinance Since Public Heating on April 9, 2003 At the April 9th Board meeting, an attorney representing a family in the Midlothian District spoke in support of a total ban on open burning. As an alternative, she also provided ten recommended changes to the "fee-based" ordinance which would permit open burning to continue with greater restrictions. The County Attorney and Fire Department have reviewed these ten proposals and have the following recommendations: Requiring the permit application to identify the names, addresses and telephone numbers of the property owner, developer, and any other entity responsible for the burn. Our permit application already requests this information so having the ordinance specify the requirement does not change staff's proposal substantively. Recommendation: Include in ordinance. Requiring that a copy of the bum permit be maintained at the bum site, protected from weather and visible from public roadways once the burn commences. Recommendation: Include in ordinance. 0 Staff supports the proposal to prohibit the use of accelerants to ignite or maintain an open bum. Recommendation: Include in ordinance. 000003 The Honorable Members of the Board of Supervisors April 17, 2003 Page Two o o o o Requiring the applicant to give written notice to owners of property within 1,500 feet of the site on which the bum is occurring. Recommendation: This would increase the cost of obtaining permits and lengthen the amount of time needed for obtaining a permit and, as discussed in numbered paragraph six, there is no evidence that it would increase public health and safety. Therefore, we recommend that the ordinance not be revised to include this provision. Limiting the Fire Marshal to only decreasing the size (25 x 25 x 15) and number (2) of permitted bum piles. Recommendation: The Fire Marshal rarely approves an increase in the number and size of bum piles. However, when environmental conditions are extremely favorable, the Fire Marshal has approved such increases in order to maximize the amount of burning that takes place under optimal environmental conditions. Staff believes that it would be detrimental to public health to remove the opportunity for the Fire Marshal to maximize the amount of burning that takes place in optimal environmental conditions. Therefore, we recommend that the ordinance not be revised to include this provision. Increasing the distance between bum sites and residential areas from 1,000 to 1,500 feet. Recommendation: Based on smoke plume modeling performed by the State Department of Environmental Quality, staff does not believe that increasing the distance between the bum site and residential areas will have an appreciable impact on public health. Therefore, we recommend that the ordinance not be revised to include this provision. Limiting open burning to "pits." Recommendation: Staff does not believe that pit burning is substantially better from a public health standpoint than other forms of open burning. While pit burning is conducted at a higher temperature and therefore bums debris more quickly, it also expels smoke and particulate matter higher into the air and therefore over greater distances than other forms of open burning. Staff believes that a properly enforced ordinance containing the regulations proposed in the staff's open burning ordinance adequately protects public health and safety. Therefore, we recommend that the ordinance not be revised to include this provision. Granting the Fire Marshal the authority to prohibit open burning when environmental conditions are not favorable, and to revoke permits when permittees violate the health and safety regulations. Recommendation: The draft already contains that authority for the Fire Marshall; therefore, the proposed change is unnecessary. 000004 The Honorable Members ofthe Board of Supervisors Aprill7,2003 Page Three 9. Requiring appropriate fire extinguishing equipment on site. Recommendation: The draft already includes that requirement, therefore the proposed change is unnecessary. 10. Authorizing the Fire Marshal to cancel burn permits under appropriate circumstances. Recommendation: The draft already contains this provision; therefore, the change is unnecessary. If the Board adopts the fee-based ordinance, we will include the changes consistent with staff's recommendations. 0505(00):61288.1 O0000$ 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: (1) That Section 10-3 of the Code o[ the County o[ Chestert~eld, 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. Co "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. 000006 0505:60841.1 1 Do Eo Go Ho Jo Ko Lo Mo "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. "Debris waste" means stumps, wood, brush, and leaves from land 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 premises of manufacturing and industrial operations such as, but not limited to, those carded on in factories, processing plants, refineries, slaughter houses, and steel mills. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. "Local landfill" means any landfill located within the jurisdiction of a local government. 0505:60841.1 2 O00007 No "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. Oo "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 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. Q° Ro "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. So "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. To "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. Uo "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 000008 Bo No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. Co Do 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. Eo 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. Fo 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: 0505:60841.1 4 000009 The following activities are exempted from the above prohibitions to the extent covered by the state air pollution control board's Regulations for the Control and Abatement of Air Pollution: mo Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; Bo Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Co Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; Do Open burning for forest management and agriculture practices approved by the state air pollution control board; and E. Open burning for the destruction of classified military documents. F-403.5. Permissible open burning. Delete and substitute Section F-403.5 as follows: mo Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the conditions are met: 1. Oral permission must be granted by the Chesterfield Fire Department, Fire and Life Safety Division. This may be done in person, or by telephone; and 2. The burning takes place on the premises of the private property; and 3. The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased; and 4. All fires must be at least 50 feet from any structure; and 5. Fires must be constantly attended by a competent person until such fire is extinguished; and 6. Care must be taken to provide a readily available means of extinguishing the fire if it should start to spread; and 7. The Chesterfield Fire Department Communications Center shall be notified before any fire is started and when the burn is completed. They shall be notified on the nonemergency number, which can be found in the telephone book; and 8. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. 0505:60841.1 5 O00Oai 0 A 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: 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 00001:1. 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 ,u ..... ~' C and B above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of June, July, or August, beginning T ........ , .c~nt~ F-403.6. Permits. Delete and substitute Section F-403.6 as follows: Ao When open burning of debris waste t~.,:~ F 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; 0505:60841.1 7 0000~12 o burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire Department, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire Department, Fire and Life Safety Division. F-403.7. Attendance at Open Fires. Delete and substitute subsection F-403.7 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. F-403.9. Endangering Other Property. Add subsection F-403.9 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another. (2) That this ordinance shall become effective immediately upon adoption. 0505:60841.1 8 0000 13 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 23, 2003 Item Number: 7.B. Subject: Consideration of Ordinance Amendments to Section 10-3 of the County Code Restricting Open Burning and Providing for a Permit Fee County Administrator's Comments: County Administrator: Board Action Requested: Adopt Attached Amendments to Section 10-3 of the County Code Relating to Restrictions on Open Burning and Providing for a Permit Fee. Summary of Information: This proposed ordinance as well as a related ordinance banning open burning were deferred from the previous Board of Supervisor's meeting on April 9, 2003. I. Additional Open Burninq Restrictions. In 1998 the state delegated the responsibility to monitor open burning from the Department of Environmental Quality to local governments. Continued development in Chesterfield County has increased the number of staff hours necessary to monitor and regulate open burning. Since 1999, citizen complaints to the Fire Department often confirm that open burning practices frequently do not conform to open burning restrictions. Closer monitoring of open burning with additional restrictions is expected to reduce the number of citizen complaints. Since the public hearing on March 26, 2003, additional changes which would further restrict open burning have been proposed. The most significant revisions are: Preparer: Rebecca T. Dickson 0400(23):61313.1 (58033.1) Attachments: Ycs Title: Director of Budqet and Manaqement --]No [#0000 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: April 23, 2003 Summary of Information (cont.): 1) Open burning would 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 from any occupied building that burning can be conducted is increased from 300 feet to 500 feet unless the occupants of such structure have provided written permission for the burning to be conducted at a closer distance. 3) For written burn permits, the minimum distance from any occupied building that burning can be conducted 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 at a closer distance. 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. In addition, staff is proposing the following three changes suggested by an attorney representing citizens at the April 9 public hearing: 1) Require the name, address and telephone number of the property owner, developer and any other entity responsible for the burn to be provided on the permit application; 2) Require a copy of the permit to be displayed at the burn site; and 3) Prohibit the use of accelerants to ignite or maintain an open burn. II. Open Burninq Permit Fee. The Proposed FY2004 Biennial Financial Plan includes a recommendation to impose a $400 burn permit fee which would be required 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 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 an estimate of 225 permits being issued annually. 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 reduces those costs by open burning. 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. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: April 23, 2003 Summary of Information (cont.): The proposed ordinance, attached. including the revisions Page 3 of 3 referenced above, is O0005.6 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: (1) That Section 10-3 of the Code o£ 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. A. "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(23):58033.1 I 0000 7 mo Fo Ho J° Ko Lo N° "Construction waste" means solid waste, which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. "Debris waste" means stumps, wood, brush, and leaves from land 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: 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. "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 carded on in factories, processing plants, refineries, slaughter houses, and steel mills. "Junkyard" means an establishment or place of business, which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. "Local landfill" means any landfill located within the jurisdiction of a local government. "Occupied building," means any structure occupied or intended for supporting or sheltering any occupancy. 0505(23) :58033.1 2 000018 Po "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 fire and prevent fire spread outside of the container. The container shall be constructed of a material that, in the form in which it is used and under the condition anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Examples would included; a barbecue pit, clean metal drum, or non-combustible block enclosure. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and over draft incinerators. "Recreational Fire" means an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land cleating, forest management and emergency operations. "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. ¥ W. "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. ~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(23):58033.1 3 000019 XY "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: mo No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. Bo No owner or other person shall cause or permit open buming or the use of a special incineration device for disposal of household refuse or garbage. Co No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. 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. 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. Fo 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. Go Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control board to prevent a hazard to, or an 0505(23):58033.1 4 0000; 0 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. 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. J. No person shall use an accelerant or accelerants to ignite or maintain any open burning. 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 aAir pPollution ~Control bBoard's Regulations for the Control and Abatement of Air Pollution: Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; Bo Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; 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 0505(23):58033.1 5 00002 . AB. 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 the Forest Fire Readiness Rating is Class I, H, or III 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: .... *~'~ by An oral it must be obtained from the .... v .................... perm Chesterfield Fire ~ & EMS, Fire and Life Safety Division. q-u:. The permit may be obtained in person, or by telephone during normal business hours Monday through Friday excluding holidays. The permit holder will be provided a permit number which the permit holder must maintain until the open burning is complete; and 2. The quantity of material to be burned does not exceed 320 cubic feet by volume and no more than 160 cubic feet is burned at any given time; and 3. The burning takes place on the premises of the private property which produced the trimmings; and The h~t~f4he burning shall 1~ occur a minimum of 299 500 feet from any occupied ~-";"~;-- structure, unless the occupants of such structure have giv6m-pfiov provided written permission for the burning to be conducted closer to the structure, other-tha~ ~.,,.,4m.~ ,^~,~ ........ ~. ~u ...... ~ ....... u;~. ~u~ r...~;.~ ~ .... '~"~'~ If the Chesterfield Goumy Fire & EMS t;;~mmm~, Fire and Life Safety Division determines that it is necessary to protect public health and welfare,.,.u ..... ._.., .~_,~,~,'~:~-* *h'",..~,, it may_ require the above cited distances to be increased; and 5. All fires must be at least 50 feet from any structure+ .~ and ~ 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 burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials: and 7. Care must be taken to provide A readily available means of extinguishing the fire shall be readily available if it to prevent fire sh.v.u!~ ste,~ to from spreading; and o The Chesterfield rqre-I~pamm~ Emergency Communications Center shall be notified before any fire is started and when the burn is completed. They shall be notified on the non-emergency number, which can be found in the telephone book; and 0505(23):58033.1 000022 at the -': .... * ~*-~* ..... ~'~; .... '~ In the event the fire department is dispatched to the burn site and must extinguish the fire, the permit holder shall be liable for the costs associated with the response. BC. 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 Goum-y Fire ~ & EMS, Fire and Life Safety Division, provided the following conditions are met: A written permit must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn, and the name, address and telephone number of the owner and, if different, developer of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Applications shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; 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 A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the bum, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and -1- 4. All reasonable effort shall be made to minimize the amount of material burned., with e ~.,., r-,;..; ~; ^~. The size of the burn pile shall not exceed 25 feet in width by 25 feet in length by 15 feet in height. 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 g 5. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; and 3, 6. The ~ burning shall 1~ occur a minimum of 500 1,000 feet from any occupied ~'.';~;-~~.,._~..~, structure, unless the occupants of such structure have ~ provided written pe~ssion for the burning to be conducted closer to the s~ctum, ~ Chesterfield ~oumy Fire & EMS ~, Fire and Life Safety Division dete~ines 0505(23):58033.1 7 0000:23 that it is necessary to protect public health and welfare, he ma:,' ~ .......... ~t may reqmre the above cited distances to be increased; and 4=. 7. The burning shall be conducted at *~' ..... ,~ ,-1;~- ........ *;.~1-.1~ ~ minim,,m af 250 feet from roadways and utility transmission lines, and 1,500 feet from highways and air fields, health care facilities and schools; and 8. The burning shall be conducted to insure the best possible combustion with a minimum of smoke being produced; and ~;~; ..... c ~^,.~ ~.~; .....,4 .... a The burning shall be conducted so that smoke and/or products of combustion will not negatively affect human health, cause damage to public property, private property, or otherwise become a public nuisance.; and 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. :g4-,e-bumi~ 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 burn site and must extinguish the fire, the permit holder shall be liable for costs associated with response. Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met: 0505(23):58033.1 8 000024 A written permit must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of bum site, proof of liability insurance for party performing bum; The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; The burning shall be attended at al! times conducted in accordance with section F- 403.7 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; and 34. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste; 45. All reasonable effort shall be made to minimize the amount of material that is burned; $6. 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 Goum-y Fire & EMS Dopammem, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS Depamm~, Fire and Life Safety Division shall be notified of the days during which the burning will occur: ~ The use of special incineration devices shall be allowed subject to the approval of the Fire and Safety Division; and o 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. Do A 0505(23):58033.1 9 000025 shall not include demolition material. o o 0505(23):58033.1 10 O0002fi Uo 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.g6. Attendance at Open Fires. Delete and substitute subsection F-403.7 as follows: Permitted fires shall be constantly attended by a responsible per-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 any permit holder makes a material misrepresentation on a permit application, the Fire Marshal may require the extinguishment of the fire and the burn 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 ......... $400.00 (2) That this ordinance shall become effective immediately upon adoption. 0505(23):58033.1 11 0000 ? CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 23, 2003 Item Number: 7.C. Subiect: Consideration of an Ordinance to Prohibit Hunting on Swift Creek Reservoir Within One-Half Mile of Any Residential Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Consideration of an ordinance to prohibit hunting on Swift Creek Reservoir within one-half mile of any residential subdivision. Summary of Information: In response to complaints received from citizens about hunting on Swift Creek Reservoir near Brandermill Subdivision, Mr. Warren has requested that the Board consider adoption of an ordinance prohibiting hunting on the Reservoir within one-half mile of any residential subdivision. A half-mile no hunting zone around subdivisions is the maximum hunting limitation that state law allows counties to adopt. If the Board adopts such an ordinance, hunting would be prohibited in all but a very small section of the northwestern arm of the Reservoir. Hunting prohibitions are enforced by the State Department of Game and Inland Fisheries ("DGIF") as well as by the Police Department. In order for DGIF to enforce an ordinance this year, the Board would need to adopt the ordinance and then notify DGIF before May 1. DGIF would then begin enforcing the ordinance effective July 1, 2003. Preparer: Steven L. Micas Attachments: [-~ Yes Title: County Attorney 0505:60712.3 (60713.1; 60713.2) No O000Z$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 A public hearing was held on this ordinance on April 9. At the conclusion of the public hearing, the Board deferred consideration of the ordinance until this meeting. In addition, Board members also indicated a desire to consider an alternative to a complete hunting ban that would extend the hunting ban 600 feet into the Reservoir from the shoreline. A copy of this less restrictive ordinance proposal is also attached for the Board's consideration. Also attached is a memorandum discussing ownership and enforcement issues involving hunting on Swift Creek Reservoir. The proposed ordinance would not affect hunting in any part of the County other than on Swift Creek Reservoir. 000029 COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: The Honorable Members of the Board of Supervisors and Lane B. Ramsey, County Administrator Steven L. Micas, County Attorney April 17, 2003 Hunting on Swift Creek Reservoir At the April 9, 2003, public hearing on hunting on Swift Creek Reservoir, staff was directed to provide the Board with additional information on who controls hunting rights on the reservoir and on issues related to the practicality of enforcing a hunting ban on the reservoir. In accordance with the Board's request, staff has met with representatives of Woodlake, Brandermill and Lake Pointe subdivisions to discuss the ownership of hunting rights and has also met with a representative of the Department of Game and Inland Fisheries ("DGIF") and the County Police Department to discuss enforcement related issues. DGIF has advised us that the hunting seasons for ducks and geese, which are the only two fowl hunted on Swift Creek Reservoir, occur in both the fall and late winter or early spring. The length of those seasons depends on the number of fowl in the area in a particular year, but the typical seasons last for approximately a week in September, two to three weeks in October and November, and two-three weeks in March. DGIF also advises that they have no reliable estimate of the number of hunters who hunt on Swift Creek Reservoir. I. Private Ownership of Hunting Rights When Swift Creek Reservoir was created in the 1960's, the County did not obtain ownership of the land beneath the reservoir. Instead, the County only obtained easements from the private property owners which permitted the County to build a dam and impound water for the purpose of providing a public water supply. The owners of the property who granted the County the easements retained title to the land that is now flooded, including control of all recreational uses of the lake, such as hunting, fishing and boating. (See attached map indicating ownership.) Accordingly, those landowners have the legal right to either permit or prohibit hunting on the portion of the reservoir which 000030 The Honorable Members of the Board of Supervisors Lane B. Ramsey April 17, 2003 Page 2 they own. The Brandermill Civic Association and the Woodlake Civic Association own the common areas that surround the reservoir and that are above the normal water line. The County has the authority to regulate hunting on the reservoir only because of the County's general authority to ban hunting for distances of up to V2-mile from any residential subdivision. Brandermill Development Corporation, which is controlled by East-West Partnerships, controls the hunting rights over approximately 80 percent of the lake. Lake Pointe Civic Association controls the hunting rights of a small portion of the southwestern arm of the reservoir, and miscellaneous landowners control the hunting rights of the rest of the reservoir, primarily in the northwestern arm of the lake. Brandermill and Woodlake's homeowner's associations work closely with East-West, and all of them have expressed in writing their opposition to hunting on the reservoir, as has the Lake Pointe Civic Association. We have confirmed with the Real Estate Assessor's Office that each parcel of land on which the lake is flooded is assessed for real estate tax purposes at a nominal value of $500. That value is so low that the property owners do not receive tax bills for these parcels. II. Enforcement of a Hunting Ban by the Property Owners Since the owners of the land underneath the reservoir control the hunting rights on the part of the reservoir above their land, they have the ability to prohibit hunting on their property by posting the property as a "no hunting" area and charging violators of the "no hunting" ban with trespass. It is our understanding that the Woodlake, Brandermill and Lake Pointe Associations have contacted all of the property owners who control hunting rights on any portion of the reservoir and that all but three small private property owners have agreed to a hunting ban. However, in the absence of a lease or management agreement, each landowner (for example, Brandermill Development Group) would be responsible for posting his own property and swearing out a warrant for trespass. III. Adoption of a "1/2 mile ban" by Chesterfield County The County is authorized by State law to impose a ban on hunting in any area that is within V2-mile of a residential subdivision if, in the opinion of the Board, the area is so heavily populated as to make hunting dangerous to the inhabitants of the area. The Board may use this authority to impose a hunting ban on the reservoir in all areas that are up to V2-mile of any subdivision. Such a ban would eliminate hunting on the reservoir in all but a small area in the northwestern corner of the reservoir, which is the only portion of the reservoir that is more than V2-mile from any residential subdivision. The Board may also impose a less restrictive hunting regulation on the reservoir, such as the proposal to prohibit hunting within 600 feet of the shoreline of the reservoir, as long as hunting more than V2-mile from residential subdivisions is not prohibited. 0523(00):61315.1 0 0 0 03~. The Honorable Members of the Board of Supervisors Lane B. Ramsey April 17, 2003 Page 3 IV. Practicalities of Enforcement of a Hunting Ban on the Reservoir Enforcement of any hunting regulation on the reservoir would be the joint responsibility of DGIF and the Chesterfield County Police Department. When the Police Department receives complaints with regard to hunting, they typically call DGIF to investigate the complaint. However, only two DGIF officers are assigned to Chesterfield, and those officers also have responsibility for Hanover and Henrico Counties, so DGIF officers are often not available. When DGIF is unavailable, the Police Department must respond to hunting calls themselves. Both the Police Department and DGIF indicate that a ban that only covered some portions of the reservoir, such as the proposed 600 foot no hunting perimeter around the reservoir's shoreline, would be virtually impossible to enforce because of the difficulty in ascertaining the exact boundary of the hunting area and the limited number of resources available to both the Police Department and DGIF to enforce the ordinance. Neither the Police Department nor DGIF has sufficient staffing to allow them to regularly patrol Swift Creek Reservoir for hunting violations. Accordingly, they would only be able to enforce the ordinance in response to complaints from private citizens. If a complaint were received, the responding officer would first have to pick up the agency's watercraft from its normal location, transport it to the reservoir and launch it. This process is estimated to take between 25-50 minutes due to the limited availability of officers, watercraft and places where boats can be launched into the reservoir. For example, the Police Department's only boat is docked at Lake Chesdin and would have to be brought to the reservoir before any County law enforcement officer could respond to a complaint of hunting on the reservoir. Under those circumstances, it is unlikely that any violation that had been reported would still be ongoing by the time law enforcement officers were able to respond and observe the activity. Unless officers personally observe the discharge of a gun, the personal possession of dead game, or some similar act that unequivocally establishes that the individual they observe has been engaging in hunting, they cannot cite someone for a hunting violation. If they do not observe the violation, they can only suggest to the homeowner who observed the violation that he or she could go to the magistrate's office and attempt to swear out a warrant based on the citizen's personal observation. Even if officers observe the violation, unless the boundary of the no hunting area is marked with no hunting signs at regular intervals so that a determination can be made from the naked eye that hunting activity is occurring in a prohibited area, and courts have typically required these signs to be no more than 50 feet apart, it would be extremely difficult for a law enforcement officer to establish a violation except in circumstances where the violation is blatant. This is because the range finders which are available to law enforcement officials to determine distances only allow distances to be determined 0523(00):61315.1 000032 The Honorable Members of the Board of Supervisors Lane B. Ramsey April 17, 2003 Page 4 from fixed points such as stationary blinds. There are no stationary blinds in use on Swift Creek Reservoir, so all hunting taking place on the reservoir is conducted from a moving object, such as a mobile blind or canoe. Range finders cannot determine distance from moving objects. For these reasons, law enforcement officials indicate that unless a total ban is implemented, they cannot effectively enforce hunting restrictions on the reservoir. The difficulties in enforcing a partial hunting regulation (rather than a total hunting ban) on the reservoir apply equally, irrespective of whether the regulation is a County-imposed hunting ban, or a landowner imposed hunting ban. Those enforcement difficulties include the need to post signs both on the shore at access points and in the water as well as the need to actually observe hunting activity and be able to identify the suspect. It is probably likely that a County no hunting ordinance would more effectively deter individuals from hunting on the reservoir than attempting to regulate hunting through the use of private trespass laws. But it is also likely that citizens would expect a more effective enforcement effort to result from a County no hunting ordinance. If a hunting ban were enacted either the County or adjacent property owners would still have to post a warning. V. Conclusion We conclude that it will remain extremely difficult to effectively enforce any hunting restriction on Swift Creek Reservoir other than the V2 mile restriction which would ban hunting on the reservoir except in the small northwestern comer of the reservoir. 0523(00):61315.1 000033 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 14-11 RELATING TO HUNTING ON SWIFT CREEK RESERVOIR BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-11 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-11. Same--Hunting or carrying a loaded firearm near public schools or 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 within 600 feet of the shoreline of the Reservoir, as measured when the shoreline is at spillway level, which is 177 feet above mean sea level; except when more than one-half mile from a recorded residential subdivision. Signs notifying members of the public of this regulation shall be posted at the entrance of all subdivisions which abut the Reservoir, at the location where any state road crosses the Reservoir, and at regular intervals along any boundary on the Reservoir itself which delineates the boundary of a No Hunting area. (d-) (e) Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. 0505:60713.1 O0 0 0 34 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 14-11 RELATING TO HUNTING ON SWIFT CREEK RESERVOIR BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-11 of the Code o£ the County o£ Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-11. Same--Hunting or carrying a loaded firearm near public schools or 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 within one-half mile of 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 regular intervals along any boundary on the Reservoir itself which delineates the boundary of a No Hunting area. (4) (e) Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. 0505 (00):60713.2 0 0 0 0 3 5 ~ County ~ Lakepointe ~ Brandermill ~ Other 000036 13:21 FROM CHESTERFIELD B~.OF S!_eER. TO WARR[:~ P.01/~33 W. OOD CO ASSOC% N 14900 Lake l~lu~ Parkway · Midl~thiam 'g~ 2Sl12 April 22, 200~ Mr. Art Wan-e~, CheJr C.~e~tcr~clcl Co~mty Board of Su~ P.O. Box 40 Chesterfield, V~ ~38~2 Dear Mr. Warren: Last week, Mike D/vita (Branderm/ll), Kathy Donahue (Lake Poin~e), and I met with Mr. Mica~ and Mr. parth.~mos to rcv/ew the details of the ow~crsh/p of ~he bot~m of the lakc, a~d issues cd' enforcement of no hunt/ng bans- I know t ~peak for ',he BCA and tl~e ~ Fo/nm HOA whea 1 ~ay th~ we ~Tprec/ate the ~ne/hey put/nto research/rig tJa/a, meet/n~ w/~h u~ and exph/nin~ cvcryth~, ~ometlmes tw/cc, and l:nak/n~ a report to you. On beh_~.lf of the Woodlake C~mmurdty As~oc~/on, the B~'andermill ~ty Assoc/at/on, the Lake l~;fin~e Homeowners Asaoc/a~o~, the Southahorc Home~ers As~oc/at/o~, and the Brandcrmfll Dcvelopmc~ Corporat/or~, I ~ ask/n~ you ~o ~atn conaider approv/n~ a ban on hun~ within a half m/lc of a subd/vts/on o~ the wain body of the ~ Creek ~e~-r~r (SCR) o~y. There ~re a n~mber of ~pcc/fic points that I would I/k~ ~o make. Accord/ng to Department of Game a~d Inland Fiaherle~ (DGIF) d/rect/ve~, the m~l¢ ban may be knpo~ 'if, in the op/nion of th~ Bowel, the area i~ ~o heavily populated as to make hlmt/ng dangerous to the/nlmbtm~ts of the area'~ In ~.hose com~nun/~/e~ I mcr~icmed, there are [:eobably 25,000 people. How much more pop,s, ted do we need ~o be for hu~tln~ w be considered AlthouEh it var/c~ from y~ar W year, hun~d~§ seasons i~c]ude 'a week in September, two to tl~ree week~/n Oc~l' ~h-ld November. ancl two to three weeks/n March'. These are not dead-or-winter thne~. ~pw. mbe~ and /~-e two of thc most beautiful mo~rhs to he m~ the ~vo/r, ~.ud by March people sre out ~ all ove~ the lake. At lhe publ/c hear/n& many of the hun~ staled that they personally did not htlnt on the $C1~, b~t th=y ~d, 'ff the ¥~ m/]¢ b~ was/reposed on reservoir, where i$ the next phace' that we ~ ]o~e ou~ hun,/n§ r/ghts? The/r concern is undc~tandable, aud.! think, a~wer~bl~. APR-22-~0~ 09:51 FAX (~04) 729-$157 ~PR-22-200~ ~:22 FROH CHESTERFIEL~ Bd. OF SLIFER. TO ~PJR, EN ~~ of my job ~ ~u~ M~, I ~ ~n~e ~ r~ ~d ~, f~ ~m~e, ~ ~ ~d f~t ~t~ ~es ~ no~ c~~y it c~ do so, as 1~ ~ ~e ~n for ~e ~ep~on is d~m~ted, ~d ~ not done ~ou~y ~ ~~b~. ~d ~ ~ p~b~ ~!y ~a~ a ~un~ ~o h~ ~~ ~ mo~ effectively d~er ~d~ ~om hun~ ..,~ a~p~ ~o re~ hun~g N y~ ~e w ~opt ~e ~ ~e ~ on ~c ~ ~dy of ~e ~, YOU wou~ not ~ ~ ~e's ~ts a~y. You wo~d ~ ~g public ~e ~ ~e ~d ~s. You ha~ ~e ~ffiW ~d ~ ~spon~b~W as a p~ wat~ ~~t W do ~at. ] ~ sure ~ a re~lu~ ~ be ~Y ~d e~dfly w~ to ~e it ~~ cle~ ~a~ you ~ a~ag ~ be~u~; - ~e SCR r~ ~ a u~e ~~ ~t does noi ~st el~wh~e, ~d ~d~c ~s o~~ ~ ~ly ONLY to ~ . ~c ~d o~s ~emsclv~ have ~_u~ for ~e ~, ~ ~ ha~ a ~t to do; - Co~W aRo~e~ have ~l~ed why it is ~y ~pos~ble f~ ~d o~e~ ~o ~d~ ~ ~ to stop h~n~ o~ ~ p~', ~d ~fo~ w~ ~e ~ n~s ~ be done ~ a m~e pubBc ~a; - ~t it ~es to ~e ~ ~y of ~e ~ o~ ~d ~a~ ~e CounW's adop2on of ~s o~ce does not do ~~ ~at ~c ~ l~d ~ have a fi~t ~ do. ~b~c, to DG~ ~d ~ ~e ~ ~ D~t., h~g ~ stop on ~ rco~o~ ~~ I ~ ~h~t ~t hunt~ ~ not hunt wh~ ~ ~ it is pro,bi,ed. For o~ p~, ho~, we ~ g~-~y ~ot ~ ~iMc a~ss to ~e ~, ~d W~ R~d as ~B. Wc ~ ~ ~ ~ d our ~ ~e n~ ~c ~ ~a ~ do not ~t ~d$ ~ f=mily m~s to come h~t h~. P.O~ APP.-22-2003 i3: 22 FRO~I CHESTERFI ELD Bal. OF S~ER, TO ~IRRREN P. 03,-1~3 In our ophtion, there are many reasons ~o a~p h~mdnl~ on the S~ Cr~k Reservoir. Howler. even if the Board of Superelsors can~o~ suppa~c those reason~ that may be seen as mor~ '~lx~liltcal', surely the sa/e~y and welfar~ of 25,000 res/de.ts of this County m~st be a priority,/md huntin~ amid~£ thegn s~opped. Tha~ you ~ mu~h/or r~ai~o throu/h ali of ~his ~nd/ivtn/~ serious cont/deratio~ to o~r reClU~Sr- Sincerely, TOTIqL P. 9,] Lakepointe Other SWIFT CREEK RESERVOIR .,% As owner of a parcel o£ la~d under ~e waters of ~he Swift Creek Reservoir, by my signa~ bek~g, I hereby rescind pelion for any person to h~nt on or in wa~ers over ti~t ~and. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.l.a. Subiect: Resolution Recognizing Miss Marissa Kathleen Wilson, Miss Mary Kiley Griffin, Miss Garima Prasai, and Miss Priya Bandhavi Vasa, all of Troop 927, Sponsored by Grace Lutheran Church, Upon Attaining the Gold Award County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions Summary of Information: The Board is requested to adopt the attached resolutions for Miss Marissa Kathleen Wilson, Miss Mary Kiley Griffin, Miss Garima Prasai, and Miss Priya Bandhavi Vasa, all of Troop 927, Sponsored by Grace Lutheran Church upon attaining the Gold Award. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes ['~ No 000037 RECOGNIZING MISS MARISSA KATHLEEN WILSON UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Marissa Kathleen Wilson, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Marissa is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Marissa Kathleen Wilson, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 00003S RECOGNIZING MISS MARY KILEY GRIFFIN UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Mary Kiley Griffin, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Mary is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Mary Kiley Griffin, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 000039 RECOGNIZING MISS GARIMA PRASAI UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Garima Prasai, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Garima is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Garima Prasai, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 000040 RECOGNIZING MISS PRIYA BANDHAVI VASA UPON ATTAINING THE GOLD AWARD WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Priya Bandhavi Vasa, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her country, Priya is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Miss Priya Bandhavi Vasa, extends congratulations on her attainment of the Gold Award and acknowledges the good fortune of the county to have such an outstanding young woman as one of its citizens. 000041 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.l.b. Subiect: Resolution Recognizing May 11 - May 17, 2003, as "National Law Enforcement Week" County Administrator's Comments: County Administrator: Board Action Requested: The adoption of the attached resolution. Summary of Information: County staff will be presenting three of these resolutions - Chesterfield County Police Department, Chesterfield County Sheriff's Office and Virginia State Police on May 13, 2003, at the Law Enforcement Memorial Service at Southside Church of the Nazarene. Preparer: Colonel Carl R. Baker Title: Chief of Police Attachments: Yes ~ No ~O0004Z RECOGNIZING MAY 11-17, 2003, AS "NATIONAL LAW ENFORCEMENT WEEK" WHEREAS, one of Chesterfield County's eight strategic goals is "to be the safest and most secure community compared to similar jurisdictionsH; and WHEREAS, no human aspiration is more fundamental and important than safety of family, self and others whom we hold dear; and WHEREAS, the dedicated, loyal and brave members of the various law enforcement agencies that operate in Chesterfield County provide an invaluable service to all citizens; and WHEREAS, this service, provided 24 hours a day and 365 days a year, is part of the foundation upon which our quality of life rests; and WHEREAS, during a time of war overseas and heightened risks of terrorist attacks on our homeland, law enforcement agencies are doing everything within their means to provide for the security of our nation during these trying times; and WHEREAS, the week of May 11 - May 17, 2003, is widely recognized across the nation as "National Law Enforcement Week"; and WHEREAS, Chesterfield County is proud and honored to have such outstanding and professional individuals serving as law enforcement officers in the county to protect the health, safety and welfare of its citizenry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the week of May 11-17, 2003, as ~National Law Enforcement Week" in Chesterfield County and calls this recognition to the attention of all its citizens. 000043 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.l.c. Subiect: Approve Naming the Iron Bridge Park After Mr. Harry G. Daniel County Administrator's Comments: County Administrator: Board Action Requested: The Honorable Kelly E. Miller is requesting the Board of Supervisors to name the 367 acre Iron Bridge Park "Harry G. Daniel Park at Iron Bridge" after Mr. Harry G. Daniel. Summary of Information: Mr. Harry G. Daniel served on the Chesterfield County Board of Supervisors for 20 years during which he was instrumental in the establishment of Iron Bridge Park and other Dale facilities in the County. Mr. Daniel would be recognized for his substantial contributions through the naming of this park in his honor. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes r---~ No #0O0044 RECOGNIZING MR. HARRY G. DANIEL BY RENAMING IRON BRIDGE PARK, THE "HARRY G. DANIEL PARK AT IRON BRIDGE" WHEREAS, Mr. Harry G. Daniel is a former Supervisor who represented the Dale District for 20 years, and was Chairman of the Board of Supervisors for six years; and WHEREAS, Mr. Daniel is widely respected for his leadership and insight, not only by his fellow Board members and by Chesterfield County residents, but throughout the Richmond Metropolitan and Tri-Cities areas; and WHEREAS, in addition to his involvement in Youth Sports Programs, Mr. Daniel served on the Capital Region Airport Commission, Richmond Regional Planning Commission, Greater Richmond Partnership, Richmond Symphony Board of Directors, Richmond Metropolitan Stadium Operating Committee, Governor Allen's Commission on Champion Schools and the Metro Richmond Air Quality Committee, and was also actively involved in the Virginia Association of Counties and other agencies; and WHEREAS, among his many accomplishments while serving on the Board of Supervisors, Mr. Daniel was instrumental in the 1979 and subsequent acquisition of Iron Bridge Park acreage, the 1985 opening of recreational facilities at Iron Bridge Park, and many other countywide improvements which provide a high quality of life for Chesterfield County residents; and WHEREAS, Chesterfield County will honor the accomplishments of Mr. Daniel, by the renaming of Iron Bridge Park, which will from this date forth be known as "Harry G. Daniel Park at Iron Bridge." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the untiring efforts and commitment to excellence displayed by Mr. Harry G. Daniel, expresses appreciation to his family for their support of his public service, and urges all Chesterfield County residents to keep Mr. Daniel's many contributions fondly in mind when they visit the Harry G. Daniel Park at Iron Bridge. 000045 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Subject: Resolution Recognizing the Week "Municipal Clerks Week" County Administrator's Comments: of April 27, 2003 Item Number: 8.A.l.d. - May 3, 2003, as County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: The attached resolution Chesterfield County. is to recognize "Municipal Clerks Week" in Preparer: Lane B. Ramsey Attachments: Yes -~No Title: County Administrator 000046 RECOGNIZING APRIL 27, 2003 THROUGH MAY 3, 2003, AS "MUNICIPAL CLERKS WEEK" WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, Municipal Clerks serve as the information center on functions of local government and the community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we accomplishments of the Office of the Municipal Clerk. recognize the NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the week of April 27, 2003 through May 3, 2003, as "Municipal Clerks Week" and extends their appreciation to Chesterfield's Municipal Clerks, Mrs. Lisa Elko, CMC and Mrs. Janice Blakley, CMC, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 000047 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 23, 2003 Item Number: 8.A.l.e. Subiect: Adoption of Resolution Approving the Richmond Metropolitan Authority ("RMA") as the Entity to Manage the Main Street Station in Richmond County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution approving the Richmond Metropolitan Authority ("RMA") as the entity to manage the Main Street Station in downtown Richmond. Summary of Information: On March 24, 2003, the Richmond City Council passed a resolution requesting the Richmond Metropolitan Authority ("RMA") to undertake the management of the historic Main Street Station in downtown Richmond. It is the City's current plan to convert the Station into a "full multi-modal transportation center" including expanded rail service, bus service, parking, airport shuttle service and taxi service. The City has secured all funding for the operation of the Station. Under the Code of Virqinia, Chesterfield County and Henrico County must give their approval before the RMA is permitted to manage the Station. The attached resolution grants that approval on behalf of Chesterfield County with the stipulation that the County will have no financial responsibility with respect to RMA's management of the Station. Preparer: Steven L. Micas Title: County Attorney 0425(00):61184.1 Attachments: Ycs --]No 000048 RESOLUTION WHEREAS, on March 24, 2003, the Council of the City of Richmond, Virginia (the "City"), passed a resolution requesting the Richmond Metropolitan Authority ("RMA") to undertake the management of the Main Street Station in Richmond, pursuant to Section 33- 255.44:13(e) of the Code of Virginia (1950), as amended; and WHEREAS, the Board of Supervisors of Chesterfield County (the "County") desires to assist the City in connection with the Main Street Station project by approving PAViA's management of the Station pursuant to the provisions of Section 33-255.14:13(e) of the Code of Virginia (1950), as amended; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve RMA's management of Main Street Station, pursuant to the provisions of Section 33-255.14:13(e) of the Code of Virginia (1950), as amended, provided that the County shall have no financial responsibility with respect to any such undertaking by RMA. BE IT FURTHER RESOLVED that the Clerk of the Board is hereby directed to send certified copies of this resolution to the City Manager of the City, the County Administrator of the County of Henrico and the General Manager of RMA. 000049 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.2. Subiect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Cloverhill: Parrish Branch, Section 1 Midlothian: Coalbrook at the Grove, Section 1 Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes -~No 000050 FA~I ~ LN SPIUN0 BLU~ RD Map: PARRI~'FI P,R.A~K~, ~C ! I~MdlLY LN 00005~. TO: l~trd of Supctvim~ FROM: t)cpumn~ of Fa:,,,~.,,.. ,,..,~ l~,nsinccr~ ~.CT: Sta~c Rand ~cc - COALI~ROOK AT TI-rE GROVE, SEC. I D~'rR. ICT:. MID~N ~O }")AT'I~: 23 A~I 2003 RoAr~ FOR ~ERATION: V'~mi~ty ~ COA:Li~RO0~ AT ~ GROVF~ S'I~C. ! oOoosa CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: April 23, 2003 Item Number: 8.A.3. Subiect: Transfer of Funds, Designation of Projects for the Supplemental FY03 Chesterfield Road Fund, and Approval of the Updated Chesterfield Road Fund Project Development Schedule County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $100,000 from the General Road Improvements account to the Matoaca Road/Woodpecker Road Intersection Project, designate Matoaca Road/Woodpecker Road Intersection project as the FY03 Supplemental Chesterfield Road Fund Project, and approve the updated Chesterfield Road Fund Project Development Schedule. Summaryoflnformation: The Virginia Department of Transportation (VDOT) has advised the County that up to $100,000 in Supplemental Chesterfield Road Funds are available for FY03. The exact amount of funds will be determined by VDOT after all Statewide requests for supplemental funds are received. To maximize the amount of funding available for county road improvements, staff is recommending that the Board match VDOT's supplemental funds with a $100,000 transfer. Staff recommends the supplemental allocation be designated for the Matoaca Road/Woodpecker Road Intersection project. The Chesterfield Road Fund Project Development Schedule adopted by the Board in November 2002 should be revised to reflect the supplemental allocation. Continued - next page Preparer: R.J. McCracken Title: Director of Transportation Attachments: agen552 Yes No 000053 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 ;ummar¥ of Information: (Continued) Recommendation: Staff recommends that the Board: 1) Transfer $100,000 from the General Road Improvements Account to the Matoaca Road/Woodpecker Road Intersection Project; 2) Adopt the attached resolution designating the FY03 Supplemental Funds for the Matoaca Road/Woodpecker Road intersection project; and 3) Approve the updated Chesterfield Road Fund Project Development Schedule. District: Hatoaca 0O0O54 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 23, 2003 Bud.qet and Management Comments: This item requests the Board to transfer $100,000 from the General Road Improvements Account to match supplemental FY2003 VDOT road enhancement funds for the Matoaca/Woodpecker Road Intersection Project. Sufficient funds exist in the General Road Improvements Account to cover the local match required for this supplemental transfer. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000055 WHEREAS, Section 33.1-75.1 of the Code of Virginia permits the Commonwealth Transportation Board to make an equivalent matching allocation to any County for designations by the governing body of up to $500,000 of funds for use by the Commonwealth Transportation Board to construct, maintain, or improve primary and secondary highway systems within such County; and WHEREAS, the Virginia Department of Transportation (VDOT) has notified the County that $100,000 is the maximum amount of Chesterfield County funds that will be matched by the State as a supplemental FY03 allocation. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors has allocated $100,000 from the General Road Improvements Account for the FY03 Supplemental Allocation Program and requests VDOT to provide an equivalent match. AND, BE IT FURTHER RESOLVED, that the FY03 Supplemental Matched Funds be allocated for the following project: $200,000 Matoaca Road/Woodpecker Road intersection project - Preliminary Engineering, Right-of-Way and Construction ($100,000 VDOT and $100,000 County) 00005 3 PROPOSED CHESTERFIELD ROAD FUND PROJECT DEVELOPMENT SCHEDULE FY04THROUGH FY09 ACTUAL ALLOCATIOr~ PROJECTED ALLOCATIONS PROJECT I DESCRIPTION/ FY 03 FY 02 SUPP FY 04 FY03 FY 05 FY 06 FY 07 FY 08 FY 09 DISTRICT LOCATION SUPP GENITO RD WIDEN 4 LANES CLOVER HILL FR: SOUTH RIDGE DRIVE TO: FOX CHASE LANE OLD BUCKINGHAM RD WIDEN 2 LANES MIDLOTHIAN FR: MILL FOREST DRIVE TO: S. OF OLDE COALMINE RD MATOACA RD I WOODPECKER RD MATOACA TURN LANES NEWBYS BRIDGE RD WIDEN 2 LANE DALE FR: QUALLA RD TO: 0.35 MI. E. OF QUALLA BRANDERS BRIDGE RD WIDEN 2 LANES BERMUDA FR: BRADLEY BRIDGE RD TO: SOUTH HAPPY HILL RD NEWBY8 BRIDGE RD WIDEN 2 LANES CLOVER HILL FR: WALMSLEY BLVD TO: FALLING CREEK BRIDGE PROJECT TO BE DETERMINED AT A LATER DATE MIDLOTHIAN PROJECT TO BE DETERMINED AT A LATER DATE MATOACA TOTAL FUNDS COUNTY MATCH VDOT MATCH $599,830 $299,915 $299,915 $400,170 $200,000 $209,085 $100,000 $200,085 $100,000 $399,830 $199,915 $199,915 $600,170 $300,085 $300,085 $200,000 $100,000 $100,000 $199,839 $99,915 $99,915 $800,170 $199,830 $400,085 $99,915 $400,085 $99,915 $800,170 $400,085 $400,085 $199,830 $99,915 $99,915 $800,t70 $400,085 $400,085 $1,000,000 $200,000 $500,000 $100,000 $500,000 $100,000 $t99,830 $99,9t5 $99,915 $800,170 $400,085 $400,085 $199,830 $99,915 $99,915 $800,170 $400,085 $400,085 $1,000,000 $200,000 $1,000,000 $1,000,090 $1,009,000$1,000,000 $1,000,000 $500,000 $100,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $t00,000 $500,000 $500,000 $500,000 $500,000 $500,000 H~TPJN EWC OM B/SYRSE CO NDARY~6YRG4 -09 R$04- 09ANDSUP03 Mataoca/Woodpecker Intersection Improvements 000058 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Subiect: County Administrator's Comments: Item Number: 8.A.4. Request Permission for a Gravel Parking Lot to Encroach Within a Fifteen-Foot Alley County Administrator: Board Action Requested: Grant the Trustees of the Bon Air Christian Church permission for a gravel parking lot to encroach within a 15' alley; subject to the execution of a license agreement. Summary of Information: The Trustees of the Bon Air Christian Church have requested permission for a gravel parking lot to encroach within a 15' alley. This request has been reviewed by staff and approval is recommended. District: Midlothian Preparer: John W. Harmon Attachments: -~No Title: Right of Way Manaqer 000069 VICINITY SKETCH REQUEST PERMISSION FOR A GRAVEL PARKING LOT TO ENCROACH WITHIN A 15' , ALLEY I'~..~._.CREST RD FOREST QUAKER LN 'RD Chesterfield County Department of Utilities Right Of Way Office NEW GRA VEL OVERFIIOI~ ;.'.".:J~,'.~' ......... PARKING AREA I '" '" '. I t --~,00 TII~IMONS GROUP .-";'". ----- I,.Jl~ J eON Am CHm.,~UU~I CHURCH I~ J :1. ~!. ~h J - I ....... ~ I-~ t 11 -~ = ~-~:._.--_...'0~--~7_4~,._.: I: j, ']' ~' ~: ~ I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.5.a. Subiect: Approval of a Pipeline Crossing Agreement with CSX Transportation, Incorporated County Administrator's Comments: County Administrator: BoardActionRequested: Authorize the County Administrator to execute a Pipeline crossing with CSX Transportation, Inc. for the installation of a water line for the Route 1 - Phase IV Water Line Replacement. Summary of Information: Staff recommends that the Board of Supervisors authorize the County Administrator to execute a pipeline crossing agreement with CSX Transportation, Inc. for the installation of a water line for the Route 1 - Phase IV Water Line Replacement. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs ']No 000062 \ \ '~" ~ PROJE ',T x.. LOCATION \ INDIAN LL RD SHEET 1 OF 5 R. STUART ROYER &: ASSOCIATES, INC. CONSULTING ENGINEERS &: SURVEYORS RICHMONO, VIRGINIA COUNTY OF CHESTERFIELD, VIRGINIA DEPARTMENT OF UllUllES ROUTE 1 - PHASE IV WATER UNE REPLACEMENT COUNTY CONTRACT: 96-0175R 1/27/0,.3I CSX RAILROAD CROSSING 0256 405'-,I- TO 522':1: TO., 14.9- 7-'(~-4.0 THE C.F'. SAUER COMPANY D.B, 1194. ,PG. 669 .... . JEFFERSON DAVIS H~rY. U.S. R~"I~. I dc 301 12" CUP U/G MCI RBER ~LUAM$ TELE GRAPH ~000234' WOODS / / PROPOSED .tO" WATER UNE LAUNCHING PIT WOODS / / 149-7-(~)-40 / THE C.F. SAUER COMPANY D.B. 119¢, PG. 669 General Notes 1) Pipe line and crossings to be installed and maintained in accordance with CSXT's specifications,the American Railway Engineering and Maintenance-of-Way Association (AREMA) and any current governing laws or regulations. 2) Blasting not permitted. All pipe lines shall be prominently marked at right-of-way PLAN. SCALE: 1" -- 50' SHEET 2 OF 3 R. STUART ROYER &: ASSOCIATES, INC. CONSULTING ENGINEERS &: SURVEYORS RICHMOND, VIRGINIA lines by durable, weatherproo.f signs located over the I COUNTY OF CHESTERFIEI. I), VIRGINIA. centerline of pipe. ' ' I DEPARIlviENT OF UllUllES Excavation in the areas of launching and receiving pit zonel RouTE 1 - PHASE IV WATER UNE REPLACEMENT will require sheeting to support railroad. I COUNTY CON'II~ACT: 96-0175R Iv ¥o I I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.5.b. Subiect: Approval of a Pipeline Crossing Agreement with CSX Transportation, Incorporated County Administrator's Comments: County Administrator: BoardAction Requested: Authorize the County Administrator to execute a Pipeline crossing with CSX Transportation, Inc. for the installation of a sewer line for Southbend Subdivision. Summary of Information: Staff recommends that the Board of Supervisors authorize the County Administrator to execute a pipeline crossing agreement with CSX Transportation, Inc. for the installation of a sewer line for Southbend Subdivision. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs [--~ No 000065 l~~o~/!~ PROPOSED I~.... CROSSING  ''"-----.-2195'-I- TO M.P. SAC 17 ~ PLAN V~EW PROFILE SCALE~ 1' - 50' HORZ. SC.N,E= 1' - 5' VERT. EXISTING GROUN ~ pIpELINE DATA . COMPANY: TOWNES SITE ENGINEERING ~ pIP~UNE I~fTHIN R/lt/ CARRIER PiPE CASING PIPE CONTENTS SANITARY SEWER N/'A R~ULRO^D RNLWAY OPERA TING PRESSURE 0 0 CSX DIAMETER 8' 20" MUN~CIPAUTY I COUNI~ I STATE i WALL THICKN£b'b 0.24 0.375 CHESTERFIELD I t4RGINIA WEIGHT PER FOOT 4.24 20.65 ENaNEERToI~NES OR^p~IBBY; RI[U) MATERIAL PVC STEEL DATE ISSUED DATE RE~SED i SPEC./GRADE XS~ 0303,I, SOR 35 4sr~ I-I$9, C, RADE B ~/'~./2005 TEST PRESSURE 15 PSIG TYPE OF JOINT PUSH-TIGHT WELOED ' TYPE OF COA TIN~ N/A N/A METHOD/INSTALLATION INSERT JACK a BORE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.6. Subiect: Acceptance of a Parcel of Land for the Extension of Court Yard Road from LaVerne C. Cole County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 1.083 acres from LaVerne C. Cole, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.083 acres for the extension of Court Yard Road. This dedication is for the development of McKinley Office Building. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Ri.qht of Way Manaqer Attachments: ¥CS -]No #00006'7 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR TI-IE EXTENSION OF COURT YARD ROAD FROM LAVER_NE COLE N Chesterfield County Depafl]l~nt of UtililiM Right Of Way Offlc~ 000068 _~_~" '- ,, I,:, ~'1 ~ '~ ..'o ' ~ I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: April 23, 2003 Item Number: 8.A.7. Subiect: Appropriation of Funds and Authorization to Proceed with the Design, Right-of-Way Acquisition, and Construction for the Cogbill Road Shoulder Improvement Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to appropriate $180,030 in cash proffers and $21,956 interest earnings (totaling $201,986) from traffic Shed 9 for the design, right-of-way acquisition, and construction for the shoulder improvements to Cogbill Road from Route 10 to west of Kedleston Avenue. The Board is also requested to authorize the County Administrator to enter into the necessary County/VDOT/consultant /contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the project. Summaryoflnformation: Cash proffers and interest earnings for road improvements totaling $201,986 have been collected in Shed 9. Shoulder widening to the north side of Cogbill Road near the Meadowbrook High School would improve the roadway. (Continued on next page) Preparer: R.J. McCracken Title: Director of Transportation Attachments: agen553 Yes [--~ No 000070 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary(Continued): The cash proffer and interest earnings balance ($201,986) should be applied towards the design, right-of-way acquisition, and construction of shoulder widening of Cogbill Road from Route 10 to west of Kedleston Avenue. The Board should also authorize the County Administrator to enter into the necessary County/VDOT/consultant/contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the project. Recommendation: Staff recommends the Board: 1. Appropriate $180,030 in cash proffers and $21,956 interest earnings (total $201,986) from Shed 9 for the design, right-of-way acquisition, and for the shoulder widening of Cogbill Road from Route 10 west of Kedleston Avenue; and 2. Authorize the County Administrator to enter into the necessary County/VDOT/consultant/contractor, design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for the project. District: Dale 00007~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: April 23, 2003 Bud.qet and Mana.qement Comments: This item requests appropriation of $180,030 in cash proffers collected in Shed 9 and interest earnings in the amount of $21,956 (for a total appropriation of $201,986) for the design, right-of-way acquisition, and shoulder widening of Cogbill Road (from Route 10 west of Kedleston Avenue). These funds have been received and are available for appropriation. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000072 Budget Cogbill Road Shoulder Improvements From 0.12 mile east of Route 10 To 0.12 mile west of Kedleston Avenue Preliminary Engineering $20,000 Right-of-way $50,000 Utility Relocation $15,000 Construction $116,986 Total $201,986 000073 Cogbill Road Shoulder Improvements MEADOWBROOK HIGH SCHOOL 000074 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A.8.a. Subject: County Administrator's Comments: Approval of Utility Contract for Collington - Sections 1 and 2, Contract Number 02-0250 County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information' This project includes the extension of 6,621 L.F.± of 16" oversized water lines. The Developer is required to have 8" and 12" water lines to serve his development. Staff has requested that the water lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Douglas R. Sowers R. M. C. Contractors, Inc. Contract Amount: Estimated County Cost for Oversizing ........ $98,583.40 Estimated Developer Cost ................... $253,701.60 Estimated Total ............................ $352,285.00 Code: (Refunds thru Connections - Offsite) 5B-572V0-E4C District: Matoaca Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes [-~ No 000075 VICINITY SKETCH Collington - Sec. 1 & 2 County Project # 02-0250 Proposed Collington Subdivision The Woods (!~ Summerford Subdivision L~%% IProposed 16' Water Co. Proj~._~02-___0250 Brandy Oaks - Sec. 3 Chesterfield County Department of Utilities Development Section 000076 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 23, 2003 Item Number: 8.A.8.b. Subiect: Approval of Utility Contract for Hampton Park - Section 21, Contract Number 02-0380 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information' This project includes the extension of 331 L.F.± of 10" oversized wastewater lines. The Developer is required to have an 8" wastewater line to serve his development. Staff has requested that the wastewater lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Hampton Park Associates, LLC R.M.C. Contractors, Inc. Contract Amount: Estimated County Cost for Oversizing ........... $993.00 Estimated Developer Cost .................... $61,695.00 Estimated Total ............................. $62,688.00 Code: (Refunds thru Connections - Offsite) 5N-572V0-E4C District: Matoaca Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes ~-] No 000077 VICINITY SKETCH Hampton Park- Sec. 21 County Project # 02-0380 Hampton Park- Sec. 15 Subdivision Proposed 10" Sewer Line Co. Proj. ¢~02-0380 Chesterfield Coun~ Department of Utilities Development Section 000078 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Nleetin~ Date: April 23, 2003 item Number: 8.A.8.c. Subject: Approval of Utility Contract for Piney Branch Wastewater Pump Station and Force Main, Contract Number 02-0301 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents° Summary of Information: This project includes the construction of a wastewater pump station and force main. Staff has requested that the pump station and force main be oversized to provide service to adjoining properties° In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements° Developer: Contractor: River Oaks Development Coo, LLC Anderson Construction, Inco Contract ~nount: Estimated County Cost for Oversizing ....... $169,900o00 Estimated Developer Cost ................... $509,700.00 Estimated Total ............................ $679,600.00 Cede: (Refunds thru Connections - Offsite) 5N-572VO-E4C District: Bermuda Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes ~ No VICINITY SKETCH Piney Branch Wastewater PS And Force Main County Project # 02-0301 Carver He'~ghts D L Chesterfield County Department of Utilities Development Section 000050 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 23, 2003 Item Number: 8.A.9. Subiect: Consideration of Request of William G. Lindsay and Helen Jo A. Lindsay for Modification of the Airport Industrial Park Restrictive Covenants Relating To Setback Requirements for Parking and Driveways at 8021 Reycan Road County Administrator: Board Action Requested: The Board of Supervisors is requested to approve a request of William G. Lindsay and Helen Jo A. Lindsay for modification of the Airport Industrial Park Restrictive Covenants relating to setback requirements for parking and driveways at 8021 Reycan Road. Summary of Information' William G. Lindsay and Helen Jo A. Lindsay("the Owners") are owners of property located at 8021 Reycan Road in the industrial park. The Owners are planning to sell the property. The Airport Industrial Park restrictive covenants provide that "[a] thirty (30) foot building, parking and driveway setback shall be maintained from the right of way for Route 288." The County approved a site plan for this property in 1988 with the parking lot five feet from the right of way of Route 288. The Owners have requested that the County waive that portion of its restrictive covenants that requires a minimum setback of thirty (30) feet from the Route 288 right of way. The request has been reviewed and approved by the County's Planning Staff and Department of Economic Development. The Owners have requested a waiver of this provision in order to bring the property into compliance with the restrictive covenants and to make the property sellable. Preparer: Faith Z. McClintic Attachments: "] Yes Assistant Director of Economic Development 1923: 61253.1 No 0000511 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The Board of Supervisors has the right under the restrictive covenants to waive, modify, alter or amend any of the covenants, conditions, and restrictions so long as such action does not reduce the overall quality of the property affected. Planning Staff recommends approval of the Owner's request because the County approved the site plan in 1988. Further, the County Attorney recommends that if the Board approves this request, that, by such approval, the Owners also be required to record an instrument in the land records of the County Circuit Court that reflects the Board's decision and minutes in approving this modification of the restrictive covenants for the subject parcel. 1923:61253.1 00005;~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 23, 2003 Item Number: 8.A. 10. Subiect: Award of the Construction Contract for 99-0122B Midlothian Tank & Pump Station County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to Quality Plus Services in the amount of $439,490.00, approve the transfer of funds and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of the installation of three pumps and appurtenances in the first floor level of the recently constructed Midlothian Tank. Staff received six (6) bids ranging from $439,490.00 to $591,685.00. The lowest bid was in the amount of $439,490.00 by Quality Plus Services. The county's engineering consultant, R. Stuart Royer & Associates, evaluated the bids and recommends award of the contract to the low bidder, Quality Plus Services. The installation of the pumps is Phase II of this project. The construction of the tank and required site work, Phase I, exceeded the original cost estimates and depleted the majority of the original appropriation. Therefore, the Board is also requested to transfer $485,000.00 from 5H-58350- 010202B Midlothian W/L - Phase II. The Midlothian W/L - Phase II project is one of four projects completing the system upgrades in this area. District: Midlothian Preparer: Craiq S. Bryant Attachments: [~ Yes No Title: Director of Utilities 000083 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 23, 2003 Budget and Management Comments: This item requests the Board of Supervisors to award a construction contract to Quality Plus Services in the amount of $439,490.00 to install three pumps and appurtenances in the first floor level of the Midlothian water tank. This item also requests approval to transfer $485,000 from the Midlothian Water Line Phase II project to the Midlothian Water Tank and Pump Station project. Sufficient funds are available in the Midlothian Water Line Phase II project for transfer. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000084 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 8.A. 11.a. Subject: Transfer of $291 in Midlothian District Improvement Funds to Pay for the Costs of the Police Coverage for the 2002 Village of Midlothian Day Parade County Administrator's Comments: County Administrator: ~ Board Action Requested: Transfer of $291 in Midlothian District Improvement Funds to the Police Department to pay for the costs of the police coverage for the 2002 Village of Midlothian Day Parade. Summary of Information: Mr. Barber has requested that the Board transfer $291 of Midlothian District Improvement Funds to the Police Department to pay for the costs incurred by the County to supply police services to the 2002 Village of Midlothian Day Parade. The Police Department has traditionally given assistance to the Midlothian Day celebration which is open to the general public. The requested funds will help defray the costs which were previously incurred by this department to provide such services. The total amount will be transferred to the Police Department. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: ¥CS Title: Director, Budget & Manaqement 61304.1 [--'-~ No #o0o0 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.) . ~_~J'~/~ _~_) _.~T'¢ 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? 0407:23380.1 000086 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Yes ~ No Yes No .~' Yes No ~. z..?!!$ Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman/j~kthe ~)rganization. ) Title (if signing on behalf of an organization) Prin~d-Name ~ 0407:23380.1 000087 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 23, 2003 Item Number: 8.A. 11.b. Subiect: Transfer a total of $10,000 from the District Improvement Funds to the Parks and Recreation Department to Make Field Improvements and Purchase Capital Equipment for Field Hockey and Lacrosse Recreational Programs County Administrator's Comments: County Administrator: Board Action Requested: Transfer a total of $10,000 (allocated equally among the five Magisterial Districts)from the District Improvement Funds to the Parks and Recreation Department to make field improvements and purchase capital equipment for Field Hockey and Lacrosse recreational programs. Summary of Information: The Parks and Recreation Department has requested the Board transfer $2,000 each from each of the District Improvement Funds to the Department of Parks and Recreation to make field improvements and purchase capital equipment for field hockey and lacrosse recreational programs. The fields are located at Point of Rocks Parks, Midlothian High School, and the Clover Hill Complex (Matoaca District) and other fields may be involved in the future. The funds will also be used to purchase goals which will be owned by the County. This request was originally made by Swift Creek Sports Club, Inc. The County is not legally permitted to give County funds to athletic organizations such as Swift Creek Sports Club, Inc. The County can give money to the Department of Parks and Recreation to improve County property and purchase capital equipment which will be owned by the County and used by the Department. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0425:61219.1 Attachments: ¥CS -~No eooo 8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The transfer will be allocated equally among each of the five registered districts with a total of $2,000 coming from each District's fund. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 000089 MAR-24-2083 MA;~-~I 16:31 , CHESTERFIELD PARKS & REC. O-E..~RFIEL~ PAMK~.~ & 804 75141dl DISTRICT IMPROVEMENT:~ a request for funding w~h Di,~ Improvem,nt Fur~dm.".'~le~ng ~d sig~n~ thl~ ~rm d~ not me~ that you will m~Iv~ fun41ng ~ ~t~ ~m CounW ~n legally consider yam r~uest, Vlrglnim l.w plmo.m sub~RUM,'r~l~ on ~e au~orlw of the CounW to'give publio *fundm. ru~ '~ Dim~l~ lm~~t ~ndr, ~o p~vat~ p~rSane or ~rganlz~i~ ~nd thee r~lrlct)anm amy praise 'The Coup's Bo,rd of t ~iup~rvlaeYe from' even c~n.idering your ii. , What ie the name of l~he epplicont {peraon or org6nizatiOn) maldng this ~undlng reques:? If an x~rganlzett°n is the applicant, what ia tho noture arid ~urDa'=le of the organizadon? fA/so a~ach otg.anjzatlon's mo~ raven[ . a~lcte~ of inc~rporatJon and/or bylaws to · ~m: is the amount of. funding ~U ere ~~ ~60EPT. .~how,, The...._..:mo~y,. ., If. aDp*ray.d,. , will,, ~ '~'~'l O~P~T~L ,: ~~7 ~c~V, IS any County' DeClattment involved in the proJ'ec[, .event or program for which you are seeking funds? If this requeet for fundinQ will not fully fund. your activity or program, what other ind;viduals or organizetfona will provide the remainder of ~e fun~ing? 11:33 16:28 000090 804 7514131 P. 02 CHESTERFIELD PARKS & REC. If app[icsnt la an organization, answer the following: Is'the. organizatioh a corporation? Yes, ~s the'org~/~izatlon non-profit/ Ye; la the orgemzat, en tax-exempt? Yea. What is the addre,s ~/. The appllcanz maki'ng thie funding raque=t~ What 1~ the telephone number, fax numt~et, e'-mail addresl of the appllcant7 804 ?514131 804 ?514131 P.03/04 Page No Signature o1' el;~,,,e~,;' If you am ailinlng on b~alf =f an ~, you m~t be the :_ Pdnted Nmme 000091 P. 03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 23, 2003 Item Number: 8.A.12. Subiect: Preparation of Courthouse Area Design Overlay District County Administrator's Comments: County Administrator: Board Action Requested: Request the Planning Commission to prepare a Courthouse Area Design Overlay District and set a Board of Supervisors Public Hearing for July 23, 2003. Summary of Information: The Central Area Plan recommends that new buildings in the Chesterfield County Courthouse Area be developed with an architectural style complimentary to its historic colonial buildings. New buildings developed since the 1980's have been constructed with proffers that require appropriate colonial architectural design. However, not all property in the Courthouse Area is subject to these architectural zoning proffers, especially property with older buildings, which may be redeveloped in the future. Therefore, the Planning Commission should prepare a zoning overlay district for consideration by the Board of Supervisors that would provide an architectural design of future buildings that will be compatible with the historic and recent colonial and federal style buildings within the Courthouse Area. The Planning Commission shall report back to the Board of Supervisors no later than July 23, 2003. Preparer: Thomas E. Jacobson Title: Director of Plannin,q C:DATA/AGENDM2003/APRIL/3/GOK Attachments: Yes ~ No Central Area Plan Amendment Courthouse Historic Design Corridor - Opportunities and Issues The Central Area Plan (adopted February 12, 1997) identified the area along Route 10, in the vicinity of the Chesterfield County Government Center, as an area meriting special consideration relative the to architecture of buildings as new development and redevelopment occurs. Specifically, the Plan noted the concentration of historically significant structures in and around the Government Center with high visibility to Route 10. It suggested that new development or redevelopment incorporate architectural features that enhance and compliment these historic structures. Recommendation Prior and subsequent to the adoption of the Plan, the Planning Commission and Board of Supervisors ensured that new development and redevelopment in proximity to the historic Courthouse Complex Area achieved this goal through the zoning process. Staff now recommends that this effort be codified in a Zoning Ordinance amendment in conjunction with the current Central Area Plan Amendment. Courthouse Historic Design Corridor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: April 23, 2003 Item Number: 8.A. 13. Subject: Set Public Hearing for Appropriation of up to $3,177,800 for Comprehensive Services County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board of Supervisors set May 28, 2003 for a Public Hearing for the appropriation of up to $3,177,800 for Comprehensive Services, including $2,767,700 in state funds, $285,100 from general fund appropriations, $50,000 from the Department of Social Services, and $75,000 from schools. Summary of Information: This item requests the Board to set a date for a public hearing regarding the appropriation of up to $3,177,800 in additional funding for Comprehensive Services. Of the $3,177,800, the State will provide $2,767,700 and the locality will provide the local match totaling $410,100. The local match requirements for the additional state funds will be provided from general fund appropriations of $285,100, appropriations from the Department of Social Services in the amount of $50,000, and an additional school contribution of $75,000. The FY2003 budget was set based on state-provided figures assuming a three year average of expenditures. The funding requested is mandated and sum sufficient to provide for services for at-risk youth in Chesterfield County. This request for additional appropriation is a direct result of increases in the number of children served, the complexities of the children's needs, and the increased cost of providing those needed services. Preparer: Bradford S Hammer Title: Deputy County Administrator for Human Services Attachments: [-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 23, 2003 Bud_~et and Management Comments: This request is to hold a public hearing for the appropriation of up to $3,177,800 for Comprehensive Services. The additional appropriation requested is a direct result of increases in the number of children served, the complexities of the children's needs, and the increased cost of providing services. Of the additional funding, $2,767,700 will be provided by the State. The County's local match is $410,100, of which $285,100 will have to be identified at year end from general fund unspent appropriations, $50,000 will be appropriated from the Department of Social Services, and $75,000 will be appropriated from schools. Preparer: Rebecca T. Dickson Title: Director, Bud.qet & Mana,qement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 23, 2003 Item Number: 10.A. Subiect: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0117 Carters Mill East Bayhill Development Corporation Coastal Utilities Incorporated Water Improvements - Matoaca $174,797.30 Preparer: Craig S. Bryant Title: Director of Utilities Attachments: --~ Yes No 00'0092,, Agenda Item April 23, 2003 Page 2 o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Owner: Contractor: Contract Amount: District: 01-0114 Landsmen II The Landsmen Group, LLC DuVal Development Incorporated Water Improvements - Clover Hill 02-0190 Chesterfield Crossing - O'Charley's O'Charley's Incorporated Inland Southeast Chesterfield, LLC Gleghorn Excavating, Inc. Water Improvements - Wastewater Improvements - Clover Hill $10,895.00 $7,265.00 (Private) oooos a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 10.B. Subject: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator Attachments: Yes ~ No 000094 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 23, 2003 DESCRIPTION FY2003 Budgeted Beginning Fund Balance Designate excess revenue (County) for non-recurring items in FY2004 Designate excess expenditures (County) for non-recurring items in FY2004 Designate excess revenue (Schools) for non-recurring items in FY2004 FY02 Results of Operations - Schools unspent General Fund Transfer for non-recurring items in FY2004 FY02 Results of Operations - Parks FY02 Results of Operations - Libraries FY02 Results of Operations - CSA Shortfall AMOUNT (1,712,213) (819,183) (1,852,802) (1,145,159) (150,000) (150,000) (60,300) BALANCE $42,493,947 $40,781,734 $39,962,551 $38,109,749 $36,964,590 $36,814,590 $36,664,590 $36,6O4,29O 000095 Board Meeting Date CHESTERFIIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT April 23, 2003 Description Amount 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 Enhancements (MH/MR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/24/2002 Settlement of the Route 10 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Government Center Parkway Project - partial funding ($1.25 million project) FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) (50,000) (250,000) (75,ooo) 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 0O0096 OOO097 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 ~37,509,906 PENDING EXECUTION Description None Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 11/23 Outstanding Balance O3/31/03 $13,685,000 11,777 12,805,000 375,029 13,289 11,327 165,915 6,100,000 $33,167,33~ Approved Amount 000098 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 10.C. Subiect: Roads Accepted into the State Secondary System County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes No 000099 ~ 000:I.00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 14.A. Subject: Resolution Recognizing Chesterfield County's Military Reservists and Their Families County Administrator's Comments: County Administrator: Board Action Requested: Mr. Warren requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Chesterfield County's military reservists and their families for their courage and sacrifice in support of "Operation Iraqi Freedom." Preparer: Donald J. Kappel Attachments: Ycs --1No Title: Director, Public Affairs 000101 RESOLUTION RECOGNIZING CHESTERFIELD COUNTY'S MILITARY RESERVISTS AND THEIR FAMILIES WHEREAS, America is currently at war with the regime of Iraqi dictator Saddam Hussein; and WHEREAS, this military operation, named ~Operation Iraqi Freedom," is being conducted to free the people of Iraq from years of tyranny and to make the United States, and the world, safer; and WHEREAS, among the hundreds of thousands of military personnel mobilized for this war effort have been scores of Chesterfield County residents who serve in the reserve components of the various military services; and WHEREAS, some of these reservists Chesterfield County government; and are employees of WHEREAS, these county residents and county employees have answered the call to duty unflinchingly and honorably; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends the military personnel serving in ~Operation Iraqi Freedom:" for their courageous service and sacrifice; and WHEREAS, the families of these military men and women also bear a great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our reservists and their families during this difficult time. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 23rd day of April 2003, hereby recognizes the sacrifice and courage of our military reservists serving in ~Operation Iraqi Freedom," and the courage and sacrifice of their families, expresses its gratitude for those sacrifices of our military reservists and their families, and wishes our servicemen and women a rapid victory, a safe return to their homes and families, and the well-deserved satisfaction of having made the world a safer place for freedom-loving people everywhere. 000 .02 CH ESTER FI ELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 14.A.1. Subiect: Resolution Recognizing Chesterfield County's Military Service Members County Administrator's Comments: County Administrator: Board Action Requested: Mrs. Humphrey requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Chesterfield County residents who are active duty military members for their courage and sacrifice in support of "Operation Iraqi Freedom." Preparer: Donald J. Kappel Attachments: Title: Director, Public Affairs RECOGNIZING CHESTERFIELD COUNTY'S MILITARY SERVICE MEMBERS WHEREAS, America's military forces, in conjunction with coalition forces from several other nations, have, on the orders of the President of the United States of America, removed the Iraqi dictator Saddam Hussein and his regime from power; and WHEREAS, this military operation, named ~Operation Iraqi Freedom," was conducted to free the people of Iraq from years of tyranny and to make the United States, and the world, safer; and WHEREAS, this war has reminded Americans, and the world, that freedom and liberty are guarded daily by the men and women of the United States armed forces; and WHEREAS, some of these military personnel call Chesterfield County home; and WHEREAS, these Chesterfield County residents have answered the call to duty honorably and without hesitation and are serving at posts and bases around the world, at sea, and wherever they are needed; and WHEREAS, this Board of Supervisors supports the President and our troops, and commends all the members of the United States military for their daily dedication to duty and to keeping America strong and free; and WHEREAS, the families of these military men and women also bear great sacrifice and uncertainty in the absence of their loved ones serving in far-off lands, usually for tours of duty lasting months or even years; and WHEREAS, it is appropriate to recognize the courage and sacrifice of our active duty military members and their families. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 23rd day of April 2003, publicly recognizes the sacrifice and courage of those Chesterfield County residents who are active duty military members, expresses its gratitude, and wishes our servicemen and women, wherever they may be serving, a safe tour of duty and speedy return to Chesterfield County upon completion of their service elsewhere on behalf of the nation. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 14.B. 1o Subiect: Resolution Recognizing Ms. Ainsley Foster, Mr. Matthew Simmons, Mr. Nisan Quarles, Ms. Jenny Park, Ms. Morgan Meredith, Ms. Catie Prince and Ms. Carly Shornak for Their Outstanding Community Spirit and Citizenship County Administrator's Comments: County Administrator: Board Action Requested: Staff requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Ms. Ainsley Foster, Mr. Matthew Simmons, Mr. Nisan Quarles, Ms. Jenny Park, Ms. Morgan Meredith, Ms. Catie Prince and Ms. Carly Shornak's efforts in support of America's military serving overseas in ~Operation Iraqi Freedom." Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs [-~No 000~103 RECOGNIZING MS. AINSLEY FOSTER, MR. MATTHEW SIPR4ONS, MR. NISAN QUARLES, MS. JENNY PARK, MS. MORGAN MEREDITH, MS. CATIE PRINCE AND MS. CARLY SHORNAK FOR THEIR OUTSTANDING COPK~UNITY SPIRIT AND CITIZENSHIP WHEREAS, there are numerous Chesterfield County residents currently serving overseas in "Operation Iraqi Freedom"; and WHEREAS, Ms. Ainsley Foster is a sixth grade student at Matoaca Middle School; and WHEREAS, Ms. Foster observed two of her neighbors leaving in January for military service in Iraq; and WHEREAS, Ms. Foster wanted to show her support for these and other U.S. troops serving in Iraq; and WHEREAS, Ms. Foster, along with Dr. Robert Wingfield and Mrs. Sandi Simmons, formulated the idea of sending "care packages" to the troops; and WHEREAS, S.O.S.," for principal; and Ms. Foster presented this idea, called "Operation "Operation Supporting Our Soldiers," to her school WHEREAS, the idea grew into a school-wide project that has become a model for similar efforts to support the troops; and WHEREAS, Ms. Foster's idea resulted in many care packages being delivered to Fort Lee for shipment to Iraq; and WHEREAS, students from Ms. Foster's school, including Matthew Simmons, Nisan Quarles, Jenny Park, Morgan Meredith, Catie Prince and Carly Shornak, actively participated in all events to support the "Operation" and also held a bake sale to raise funds for Fort Lee's Morale Welfare Recreation Fund; and WHEREAS, such civic-minded and patriotic efforts are worthy of recognition. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 23rd day of April 2003, publicly recognizes the exceptional contributions of Ms. Ainsley Foster, Matthew Simmons, Nisan Quarles, Jenny Park, Morgan Meredith, Catie Prince and Carly Shornak, and expresses its appreciation for their efforts on behalf of America's military personnel, and commends them for their outstanding citizenship. 000' 04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 14.B.2. Subject: Resolution Recognizing Manchester Middle School County Administrator's Comments: County Administrator: ~2. ,/v-z_ ~ Board Action Requested: Mr. Warren requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Manchester Middle School students, faculty and staff for their work on behalf of our U.S. troops and their families. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs No #000~105 RESOLUTION RECOGNIZING MANCHESTER MIDDLE SCHOOL FOR THEIR OUTSTANDING PATRIOTISM AND EXEMPLARY CITIZENSHIP WHEREAS, in order to change the brutal regime of Iraqi dictator Saddam Hussein, U.S. President George W. Bush ordered U.S. military forces, working alongside coalition forces from many other nations, to restore liberty to the people of Iraq; and WHEREAS, this military endeavor, named ~Operation Iraqi Freedom," has seen the mobilization of more than 350,000 U. S. military service men and women; and WHEREAS, the forces are comprised of active duty and reserve components; and WHEREAS, separation from their loved ones is one of the most difficult parts of service far from home for these U.S. forces; and WHEREAS, students from Manchester Middle School conducted a ~Celebrate America" assembly program on April 11, 2003; and WHEREAS, the assembly was the culminating activity for the school's "Operation Communicating Care" drive, in which students collected phone cards, stamps, note pads, envelopes and other items to assist our troops with staying in touch with their families and friends while deployed for "Operation Iraqi Freedom;" and WHEREAS, these items were provided to a representative of ~Operation Dedication," to be sent to our military forces serving in "Operation Iraqi Freedom;" and WHEREAS, the Junior ROTC color guard from Manchester Middle School was recognized at this assembly program for its service in honoring Staff Sergeant Donald May, U. S. Marine Corps, who was killed in Iraq; and WHEREAS, this assembly also recognized many others for their patriotic and civic-minded activities. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 23rd day of April 2003, hereby recognizes the outstanding patriotism and exemplary citizenship of the students, faculty and staff of Manchester Middle School, commends them for their work on behalf of our U. S. troops and their families and friends, who because of ~Operation Communicating Care," have been able to maintain greater contact during ~Operation Iraqi Freedom," and wishes them continued success in all their endeavors. OO0'106 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: April 23, 2003 Item Number: 14.B.3. Resolution Recognizing Salem Church Middle School County Administrator's Comments: County Administrator: Board Action Requested: Staff requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Salem Church Middle School students, faculty and staff for their work on behalf of our U.S. troops and their families. Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs -]No 000~! O? RECOGNIZING SALEM CHURCH MIDDLE SCHOOL FOR THEIR OUTSTANDING PATRIOTISM AND EXEMPLARY CITIZENSHIP WHEREAS, in order to change the brutal regime of Iraqi dictator Saddam Hussein, U.S. President George W. Bush ordered U.S. military forces, working alongside coalition forces from many other nations, to restore liberty to the people of Iraq; and WHEREAS, this military endeavor, named "Operation Iraqi Freedom," has seen the mobilization of more than 350,000 U. S. military service men and women; and WHEREAS, the forces are comprised of active duty and components; and reserve WHEREAS, these men and women, serving far from home, need many health and comfort items that we take for granted each day, but which are largely unavailable to them while serving overseas under war-time conditions; and WHEREAS, students from Salem Church Middle School conducted a drive to create care packages for our troops; and WHEREAS, collected 400 patrons; and this effort, named ~Operation Salem Salutes Our Soldiers," pounds of supplies from students, teachers and community WHEREAS, 100 ~goodie bags" were decorated and filled with supplies; and WHEREAS, letters and other packages were also prepared for the troops; and WHEREAS, all of these items were sent to former Salem Church Middle School students or to relatives of Salem Middle School employees currently serving in ~Operation Iraqi Freedom;" and WHEREAS, additionally, Salem Church Middle School sponsored "Patriotic Day" on March 21, 2003, encouraging students to wear attire that reflected their love of their country, resulting in more than 700 students participating;" and WHEREAS, the Parent Teacher Association sponsored a patriotic shirt sale from March 31 through April 10, 2003; and WHEREAS, all of these activities demonstrate the strong patriotism and caring for others that have exemplified students, staff and faculty of Salem Church Middle School. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 23rd day of April 2003, hereby recognizes the outstanding patriotism and exemplary citizenship of the students, faculty and staff of Salem Church Middle School, commends them for their work on behalf of our U. S. troops and their families, and wishes them continued success in all their endeavors. O00 .OS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Subject: Item Number: 14.B.4. Resolution Recognizing Swift Creek Elementary School County Administrator's Comments: County Administrator: ~-/~~/~ Board Action Requested: Staff requested that the following resolution be adopted. Summary of Information: This resolution is in recognition of Swift Creek Elementary School students, faculty and staff for their work on behalf of our U.S. troops. Preparer: Donald J. Kappel Attachments: ¥C$ r---~ No Title: Director, Public Affairs oOo o9 RECOGNIZING SWIFT CREEK ELEMENTARY SCHOOL FOR THEIR OUTSTANDING PATRIOTISM AND EXEMPLARY CITIZENSHIP WHEREAS, in order to change the brutal regime of Iraqi dictator Saddam Hussein, U.S. President George W. Bush ordered U.S. military forces, working alongside coalition forces from many other nations, to restore liberty to the people of Iraq; and WHEREAS, this military endeavor, named "Operation Iraqi Freedom," has seen the mobilization of more than 350,000 U. S. military service men and women; and WHEREAS, the forces are comprised of active duty and reserve components; and WHEREAS, these men and women, serving far from home, are without many of the health and comfort items that we take for granted each day, which are largely unavailable to them while serving overseas under war-time conditions; and WHEREAS, students from Swift Creek Elementary School conducted a drive to create care packages for our troops; and WHEREAS, these efforts collected many diverse items, ranging from playing cards and batteries to instant coffee, sunscreen and granola bars; and WHEREAS, these items were cleared for delivery by the Department of Defense; and WHEREAS, all of these items were sent to our military men and women currently serving in ~Operation Iraqi Freedom;" and WHEREAS, the thoughtful and generous donations by Swift Creek Elementary School students, faculty and staff will make many of our troops more comfortable as they fight to liberate the Iraqi people and to protect our freedoms here at home. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 23rd day of April 2003, hereby recognizes the outstanding patriotism and exemplary citizenship of the students, faculty and staff of Swift Creek Elementary School, commends them for their work on behalf of our U. S. troops serving in ~Operation Iraqi Freedom," and wishes them continued success in all their endeavors. 000 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 4 Meetin~l Date: April 23, 2003 Item Number: 16. Subiect: Public Hearing to Consider FY04 Enhancement Projects County Administrator's Commen/~s: , ~~ County Administrator: ~/'~ Board Action Requested: The Board is requested to: 1) hold a public hearing to consider FY04 Enhancement Projects; 2) approve the FY04 Enhancement Priority Project list and forward to area MPOs; (3) adopt resolutions of support for the projects; (4) designate General Road Improvement Funds for the project local match funds, if the project is approved by VDOT; and (5) authorize the County Administrator to enter into agreements for the projects. Summary oflnformation: 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. Preparer: R.J. McCracken Agen5 51 Title:Director of Transportation Attachments: Yes No O00:l.:l.~l CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 4 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. In addition to the Board's priority projects, staff is also recommending a landscaping/highway runoff pollution mitigation/pedestrian and bicycle accommodation project for the proposed Community Development(CD)Building. The CD building design is in the preliminary stages. Enhancement funds could potentially be used to finance part of the building costs associated with landscaping/highway runoff pollution mitigation/pedestrian and bicycle activities. A $275,000 project is recommended with the $55,000 local match provided from the General Road Improvement Account. The Genito Road Streetlight and Winchester Green Sidewalk and Streetscaping projects are included in the list of priority projects and both include streetlights. If built, streetlight projects normally require the county to bear the operating expense associated with the lights. For the Genito Road and Winchester Green projects, this would amount to approximately $2,100 and $3,000 respectively per year. Enhancement projects are required to have endorsement from area MPOs. The project list, as approved by the Board, will be forwarded to the Richmond and Tri-Cities MPOs. Each year the Board must reconfirm support for requested enhancement projects by adopting a resolution of support which guarantees the County will provide the local match. If the Board wishes to request enhancement funds for the six proposed FY04 priority projects listed on Attachment A, a resolution of support must be adopted for these projects and the Board would need to designate funds for the local matches. Unless the Board directs otherwise, 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. 000 12 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 4 Recommendation: Staff recommends the Board take the following actions: 1. Hold a public hearing to consider FY04 Enhancement Projects: 2. Approve the proposed FY04 Enhancement Priority Project list(Attactunent A), and forward it to the Richmond and Tri-Cities Metropolitan Planning Organizations for approval; 3. Adopt the attached resolutions requesting VDOT approval and guaranteeing the local match for the projects; 4. Upon approval and funding by VDOT, designate and transfer from the General Road Improvement appropriations, the amounts for the local match: Winchester Green Sidewalk and Streetscaping - $32,000 (additional) and Community Development Building Landscaping Highway Runoff Pollution/Mitigation/Pedestrian and Bicycle Activities - $55,000. On November 28, 2001, the Board approved the local matches for the Point of Rocks Bike Trail ($48,000 now Winchester Green), Genito Road Streetlights ($10,000), Cogbill Road Sidewalk ($94,000), Halloway Avenue Sidewalk ($70,000) and Walton Park Sidewalk ($80,000) projects. 5. Authorize the County Administrator to enter into agreements between VDOT/County/consultant/contractor, for design, right-of-way acquisition, and/or construction agreements, acceptable to the County Attorney, for projects approved by VDOT. District: Countywide 000 . .3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 4 Meeting Date: April 23, 2003 Bud.qet and Manaqement Comments: This date has been advertised to hold a public hearing 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 .'14 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Winchester Greeen Sidewalk and construction of Phase I of the project along Jefferson Davis Highway from Alcott Road to Tower Road. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $400,000 for planning, design, right-of-way, and construction of Phase I of the Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000'1'15 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for the installation of streetlights along Genito Road from Fox Chase Lane to Watercove Road. BE IT FURTHER RESOLVED, that the Board hereby agrees to pay 20 percent of the total estimated cost of $50,000 for planning, design, right-of-way, and construction of the Genito Road Streetlight Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000116 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library. BE IT FURTHER RESOLVED, that the Board agrees to pay 20 percent of the total estimated cost of $470,000 for planning, design, right-of-way, and construction of Phase I of the Cogbill Road Sidewalk Project from Meadowbrook High School to Meadowdale Branch Library, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 .:1.? WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase III of the Halloway Avenue Sidewalk Project in the Matoaca Middle School and Matoaca Park area. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $350,000 for planning, design, right-of-way, and construction of Phase III of the Halloway Avenue Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 :1.8 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for Phase II of Walton Park Road Sidewalk Project from Watch Hill Road to North Woolridge Road. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $400,000 for planning, design, right-of-way, and construction of Phase II of the Walton Park Road Sidewalk Project, and that, if the Board subsequently elects to unreasonably cancel this project, the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 .19 WHEREAS, in accordance with the Commonwealth Transportation Board (CTB) construction allocation procedures, it is necessary that the local governing body request, by resolution, approval of a proposed enhancement project. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the CTB establish a project for construction of Landscaping/Highway Runoff Pollution Mitigation/Pedestrian and Bicycle Activities for Community Development Building. BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total estimated cost of $275,000 for planning, design, right-of-way, and construction of Phase I of the Landscaping/Highway Runoff Pollution Mitigation/Pedestrian and Bicycle Activities for Community Development Building Project, and that, if the Board subsequently elects to unreasonably cancel this project the County of Chesterfield hereby agrees that the Virginia Department of Transportation will be reimbursed for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 000 .20 CHESTERFIELD COUNTY PROPOSED FY04 ENHANCEMENT PROJECTS 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 Streetlights - from Fox Chase Lane to Watercove Road $50,000 Cogbill Road Sidewalk - from Meadowbrook HS 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 I11 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 Community Development Building Landscaping/Highway Polution Run-off Mitigation/ $275,000 Pedestrian and Bicycle Activities Other Projects: Point of Rocks Bike Trail on Enon Church Road - from Point of Rocks Park $240,000 to £non Library, Phase I (preliminary engineering) of $1.3M project Cogbill Road Sidewalk, from School Board Facility to Hopkins Road $225,000 Spirea 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 I of $1.2M project East River Road Sidewalk and Pedestrian Trail (RR RW to River) $900,000 Westfield Road Sidewalk, between Sycamore Square Drive and Winterfield 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 Robious Road Streetlights, between Huguenot Road and Salisbury Road, $50,000 Phase I Route 360 Streetlights, Old Hundred Road to Woodlake Village Parkway Dutch Gap Conservation Area Trail and Pedestrian Bridge Pocahontas State Park Perimeter Trail Powhite Parkway/Route 288 Sight & Sound Barriers, Phase I $200,000 $150,000 $340,000 $1,000,000 Local Match $80,000 $10,000 $94,000 $7O,OOO $80,000 $55,OOO A'I-I'ACHMENT A 000121 Chesterfield County Proposed FY04 Priority Enhancement Projects Walton Park Road Sidewalk Phasell Genito Road Streetlights Cogbill Road Sidewalk Winchester Oreen Sidewalk and Streetscaping Corn munity Dev elopme nt Building Halloway Avenue Sidewalk, Phase III A-I-I-ACHM ENT B 000122 Date An Affiliate of Media General Advertising Affidavit (This is not a bill P~ease pay from invoice) P. O, Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Code Description Ad Size Accoun Total Cost PROP(3,qED F¥04 F;NFIAN¢2F, MENJT PROJFX'YI'N Media General Operations, Publisher of THE RICHMOND TIMES-DiSPATCH ~ls iS to certify that the attached PROPOSED FY04 F, NHANCF,? as published by Richmond Newspapers, Inc, in the City of Richmond, ~te of Virginia, on the following dates: 04/16/2003 The first insertion being given .... Newspaper reference: 1378881 sworn to and subscribed before this ~C~l'*o3 04/1 iJtate of Virginia ~Y of Richmond ~., ~ ~mmissi°n expires ~ ~ VOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 23, 2003 Item Number: 18. Subiect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on May 28, 2003 at 4:00 p.m. Preparer: Lisa H. Elko Attachments: ~-~ Yes Title: No Clerk to the Board 000123