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2014-06-25 PacketCHESTERFIELD COUNTY t~"~`~°~~~ BOARD OF SUPERVISORS Page 1 of 1 /~ CYa ~~~ AGENDA ,~ _:;_ I ~'-~-1 Meeting Date: June 25, 2014 Item Number: 2.A. Subi;ect: County Administrator's Report County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: The County Administrator will update the Board on the progress of various projects as requested by the Board of Supervisors. Preparers Louis G. Lassiter Attachments: Yes Title: Assistant County Administrator ^ No # r'n. County Administrator's Top 40's List II. I. Critical Projects/Activities 1. ARWA Reservoir Project 2. Community Risk Analysis/Emergency Service Coverage 3. Eastern Midlothian Re-development - Chippenham Square - Spring Rock - Stonebridge (future phases) - Streetscaping (future phases) 4. Irrigation Policies/Demand Management for Water Use 5. Magnolia Green CDA 6. Sports Quest/River City Sportsplex 7. Total Maximum Daily Load (TMDL) Presentation to Board 8. Utilities Policies and Managed Growth On~oin~ Projects/Activities 1. 2014 Legislative Program 2. Airport Master Pian 3. Animal Welfare Issues 4. Capital Improvement Program -Referendum Projects Implementation 5. Capital Regional Collaborative Focus Group 6. Cash Proffers 7. Chesterfield Avenue Enhancements Future Phases 8. Citizen Budget Advisory Committee 9. Countywide Comprehensive Plan Implementation 10. Crystal Lakes Townhomes 11. Enterprise Risk Management 12. Financial/Budget Issues 13. Five Story/Three Story Building Renovations 14. High Speed Rail/Ettrick Train Station 15. Jefferson Davis Streetscape Project 16. Joint Meetings of Board of Supervisors/School Board 17. RRPDC -Large Jurisdiction Committee 18. Recycling Committee Recommendations 19. Secondary Road Maintenance Funding 20. Smith/Wagner Building 21. Sports Tourism Plan Implementation III. Completed Projects/Activities 1. Airport Entrance Improvements - 7/2012 2. Board's Appointments Process - 8/2008 3. Bow Hunting Restrictions - 2/24/2010 1 ~~~~ Updated 6/17//2014 County Administrator's Top 40's List 4. Business Climate Survey - 7/2008 5. Business Climate Survey - 4/2010 6. Business Fee Holiday (Extension} - 9/2010 7. CBLAB Discussions -12/2009 8. Census 2010/Redistricting - 6/2011 9. Chesterfield Avenue Enhancements Phase 1 - 5/2011 10. Citizen GIS - 5/2010 11. Citizen Satisfaction Survey - 2008/2010/2012 12. Comprehensive Plan Adoption -10/2012 13. COPS Grants 14. DCR Erosion & Sediment Control Program - 3/11/11 15. Eastern Midlothian Re-development - Stonebridge (Phase 1) -Groundbreaking 10/25/11 - Streetscaping (Phase 1) - 12/2011 16. Efficiency Studies -Fire Department and Fleet Management - 6/2008 17. Efficiency Study -Quality/Chesterfield University Consolidation - 7/2009 18. Electronic Message Centers - 9/2011 19. Electronic Signs -1/2010 20. Board's Emergency Notification Process 21. Employee Health Benefits -Contract Rebid - 8/2011 22. Federal Stimulus Package - 4/2013 - Energy Block Grant - Economic Development - Police Department 23. Financial/Budget Issues - Adoption of 2011 Budget - 4/2011 - Adoption of County CIP - 4/2011 - Adoption of School CIP - 4/2011 - Bond Issue/Refinancing - AAA Ratings Retained 24. 457 Deferred Comp Plan (Approved) 25. GRTC Service -Funded for FY14 26. Hydrilla Issue 27. Hosting of Hopewell Website 28. Impact Fees for Roads - 9/2008 29. In Focus Implementation - Phase I - 8/2008 30. In-Focus Implementation -Phase II (Payroll/HR) -12/2009 31. Insurance Service Upgrade (ISO) for Fire Department - 9/2009 32. Jefferson Davis Streetscape Project - 5/2010 33. Leadership Exchange Visits with City of Richmond 34. 2011 Legislative Program -adopted 11/30/2011 35. Low Impact Development Standards 36. Mass Grading Ordinance (canceled) 37. Meadowdale Library -11/2008 38. Meadowville Interchange -Ribbon Cutting 12/15/2011 39. Midlothian Turnpike/Courthouse Road Streetscape Improvements (Towne Center) 40. Minor League Baseball (new team) - 2/2010 2 upaatea 6iivia~3~~~ County Administrator's Top 40's List 41. Multi-Cultural Commission (Quarterly Reports due to Board) -11/2008 42. Planning Fee Structure (General Increases) - 6/2009 43. Planning Fee Structure (Reductions for In-Home Businesses) -1/2009 44. Planning Fees (Holiday for Commercial Projects) - 8/2009 45. Police Chase Policy (Regional) - 5/2010 46. Postal Zip Codes -Changes approved 4/2011, LISPS date of implementation 6/2011 47. Potential Legislation -Impact Fees/Cash Proffers -1/2009 48. Property Maintenance -Proactive Zoning Code Enforcement (countywide) - 2/2009 49. Property Maintenance -Rental Inspection Program 50. Public Safety Pay Plans Implemented (Phase I) - 9/2008 51. Redistricting 2011 Calendar/Process Report 52. Regional Workforce Investment Initiative 53. Results of Operations -11/19/2010 and 11/2011 54. Sign Ordinance 55. Southwest Corridor Water Line - Phase I - 7/2008 56. Sports Tourism Plan -1/2010 57. Sports Tourism Program with Metropolitan Richmond Sports Backers - 8/2009 58. Streetlight Policy -12/1/10 59. Ukrops Kicker Complex -soccer fields -Opened 8/2009 60. Upper Swift Creek Plan (Adopted) - 6/2008 61. Upper Swift Creek Water Quality Ordinances 62. VDOT Subdivision Street Acceptance Requirements - 7/2009 63. VRS Benefits for New Employees - 7/2010 64. Walk Through Building Permit Process -10/2009 65. Water Issues/Restrictions 66. Website Redesign - 6/2009 67. Wind Energy Systems - 3/10/2010 68. Wireless Internet Access in County Facilities - 9/2008 69. Watkins Centre 70. Woolridge Road Reservoir Crossing Project - 5/2010 71. Ukrops Kicker Comples/GRAP Swimming Pool -Stratton Property -Pool opening March, 2012 72. RMA -Legislation - 2014 - 3/2014 ~~'~~~. Updated 6/1702014 ~~~ ~~ ~ ~~~'+~` :,; ~~ucc~~^ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 5.A. Subject: Resolution Recognizing Mrs. Ernestine M. Tyler, Buildings and Grounds Division, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Regueste . Adoption of the attached resolution. Summary of Information: General Services, Mrs. Ernestine Tyler retired June 1, 2014, after providing more than 30 years of service to the citizens of Chesterfield County. Preparers Robert C. Key Title: Director of General Services Attachments: Yes ~ No # ~,,~~~ RECOGNIZING MRS. ERNESTINE M. TYLER UPON HER RETIREMENT WHEREAS, Mrs. Ernestine M. Tyler began her service with the Chesterfield County Department of General Services on January 26, 1981, as a part-time custodian in the Buildings and Grounds Division; and WHEREAS, in July 1981, Mrs. Tyler was promoted to a full-time custodian; and WHEREAS, Mrs. Tyler demonstrated her commitment to the county and contributed to a positive work environment; and WHEREAS, Mrs. Tyler was always willing to assist the members of the team by sharing her knowledge and skills; and WHEREAS, Mrs. Tyler performed her daily tasks with minimum supervision and promptly handled customer concerns; and WHEREAS, Mrs. Tyler always displayed a positive attitude when responding to the concerns of customers; and WHEREAS, Mrs. Tyler presented a positive image while interacting with internal and external customers in the county; and WHEREAS, Mrs. Tyler organized and prioritized tasks to ensure assignments were completed in a timely manner; and WHEREAS, Mrs. Tyler strived to improve job efficiency in serving citizens and employees; and WHEREAS, Mrs. Tyler was instrumental in utilizing environmentally- friendly housekeeping practices; and WHEREAS, Mrs. Tyler provided quality service while adhering to ethical standards of behavior; and WHEREAS, Mrs. Tyler supported the county goals, values and objectives through teamwork and professionalism. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the outstanding contributions of Mrs. Ernestine M. Tyler, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Tyler, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. .~~~~~ h E0.F~~ ~~ s SIT U ~ J. _ ,~_ t~R Ctti~t` CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 IVleeting Date: June 25, 2014 Item Number: 5.B. Subject: Resolution Recognizing Captain William E. Smith, Jr., Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Adoption of attached resolution. Summary of Information: Captain William E. Smith, Jr. will retire from the Fire and Emergency Medical Services Department on July 1, 2014, after providing nearly 36 years of service to the residents of Chesterfield County. Preparers Edward ~. Senter Jr. Title: Fire Chief Attachments: Yes ~ No # ~+~Q~~~~ RECOGNIZING CAPTAIN WILLIAM E. SMITH, JR. UPON HIS RETIREMENT WHEREAS, Captain William E. Smith, Jr. will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on July 1, 2014; and WHEREAS, Captain Smith attended Recruit School #9 in 1978 and has faithfully served the county for nearly 36 years in various assignments, including as a firefighter at the Bon Air, Chester, Dutch Gap, Buford, Manchester, Matoaca and Dale Fire and EMS Stations; as a lieutenant at the Chester, Bensley, Ettrick, and Dutch Gap Fire and EMS Stations; and as a captain at the Winterpock and Centralia Fire and EMS Stations; and WHEREAS, Captain Smith was the first Advanced Life Support provider to be hired by Chesterfield Fire and EMS and, in 1985, was selected as one of the original flight paramedics for the EMS Med-Flight program; and WHEREAS, Captain Smith joined the department's SCUBA rescue team in 1981, and was an original member of the department's Technical Rescue Team, serving on both until his retirement, and he also served on the department's volunteer recruitment and retention workgroup; and WHEREAS, Captain Smith has served as the department staffing officer from 2007 to 2014, managing the daily apparatus staffing, as well as the management of leave for all of Fire and EMS members; and WHEREAS, Captain Smith was recognized with a Unit Citation and a Citation of Merit, a Heroism Award from Firehouse Magazine, as well as being named Firefighter of the Year from the Professional Insurance Agents Association of Virginia, for his actions on June 3, 1987, when he provided patient care to a county resident who had been severely burned in a fiery vehicle accident on Chippenham Parkway, placing his own life at risk when he entered and remained with the victim inside the diesel fuel saturated vehicle for several hours, until the victim was successfully rescued; and WHEREAS, Captain Smith was recognized with a total of four EMS Life Save awards for saving lives as a result of cardiac arrests in 1986 and 2004, an overdose in 1992, and an automobile accident in 1995; and WHEREAS, Captain Smith responded with a team of Chesterfield Fire and EMS personnel to South Carolina, in 1989, to assist with recovery operations after Hurricane Hugo; and WHEREAS, Captain Smith was recognized with unit citations in 1994 for an elevated rescue at Dominion Virginia Power Dutch Gap Station, as well as a dive team response for an overturned canoe in the Appomattox River; and WHEREAS, Captain Smith was recognized with Unit Citation awards for multiple dive team responses, including rescues as a result of flooding that occurred on August 30, 2004, during Tropical Storm Gaston; and WHEREAS, Captain Smith was also recognized with a Unit Citation award for a response on November 2, 2011, to the Swift Creek Reservoir to assist in stabilizing a downed aircraft, where he and other members of the dive team worked to protect the county's drinking water supply. ~'~~ NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the contributions of Captain William E. Smith, Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Captain Smith, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~~~~~ Gj~ . ,,:~: , CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 5.C. Subject: Resolution Recognizing Major Terry L. Patterson, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Major Terry L. Patterson will retire from the Police Department on July 1, 2014, after providing 42 years of service to the citizens of Chesterfield County. Preparers Colonel Thierry G. Dupuis Title: Chief of Police Attachments: ®Yes ~ No # ~~~~ RECOGNIZING MAJOR TERRY L. PATTERSON UPON HIS RETIREMENT WHEREAS, Major Terry L. Patterson will retire from the Chesterfield County Police Department on July 1, 2014, after providing an extraordinary 42 years of quality service to the citizens of Chesterfield County; and WHEREAS, Major Patterson began his career with Chesterfield County in 1972 in the Department of Utilities; and WHEREAS, Major Patterson has faithfully served the county in the capacity of Maintenance Technician, Dispatcher, Patrol Officer, Investigator, Detective, Detective First Class, Sergeant, Lieutenant, Acting Captain, Captain and Major; and WHEREAS, Major Patterson also served as a Field Training Officer, Crime Scene Technician, Breathalyzer Operator, General Instructor, and as a member of the Special Weapons and Tactics Team; and WHEREAS, during his tenure with the Chesterfield County Police Department, Major Patterson served diligently in the Uniform Operations Bureau, Investigations Bureau, Office of Professional Standards, and Operational Support Bureau; and WHEREAS, Major Patterson and fellow members of the Investigations Bureau were recognized with a Certificate of Achievement for their actions in the successful resolution of a homicide case, after more than 50 felony warrants were served to nine suspects due to the team's quick response, communication, teamwork and persistence to detail; and WHEREAS, Major Patterson was the recipient of a Richmond Retail Merchants Association Valor Award for his heroic efforts as he entered a burning residence and led a young lady and her infant daughter to safety; and WHEREAS, Major Patterson has been the recipient of numerous Chief's Commendations for his experience, persistence to detail, investigative skills and dedication in the resolutions of multiple cases; and WHEREAS, Major Patterson was the recipient of a Mason T. Chalkley Award for Excellence; and WHEREAS, Major Patterson has made significant contributions to many committees and boards during his exemplary career, including the Chesterfield County Police Detective's Assessment Board, Police Training Officers Assessment Board, Police Quality Council, Accident Review Board and the John Tyler Community College Advisory Committee; and WHEREAS, Major Patterson is recognized for his professional attitude, excellent communications and human relations skills and his attention to detail, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and ~~~~~~ WHEREAS, Major Patterson has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Major Patterson has provided the Chesterfield County Police Department with many years of loyal and dedicated service and consistently served as an outstanding role model during his career; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Major Patterson's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes Major Terry L. Patterson, and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Major Patterson, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ~~~~~~ \,q, _~ ,~,,~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 5.D. Subject: Resolution Recognizing Lloyd E. Padgett, Firefighter I, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Regu Adoption of attached resolution. Summary of Information: Lloyd E. Padgett, Firefighter I, retired from the Fire and Emergency Medical Services Department on May 1, 2014, after providing 25 years of service to the residents of Chesterfield County. Preparers Edward L. Senter Jr. Attachments: ^ Yes ~ No Title: Fire Chief RECOGNIZING LLOYD E. PADGETT, FIREFIGHTER I UPON HIS RETIREMENT WHEREAS, Firefighter Lloyd Elden Padgett retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on May 1, 2014; and WHEREAS, Firefighter Padgett began as a part-time equipment mechanic in the fire vehicle maintenance shop in January 1988; and WHEREAS, Firefighter Padgett began his career as a firefighter in Recruit School #20 in May 1989, and has faithfully served the county for 25 years in various assignments as a firefighter, including the Matoaca, Airport, Manchester, Buford, Midlothian, and Bon Air Fire and EMS Stations; and WHEREAS, Firefighter Padgett served as a Firefighter/IMT Specialist in the Information Technology Management Unit, and provided exemplary support as the TeleStaff Administrator; and WHEREAS, Firefighter Padgett served as a Fire and Life Safety Public Educator as Pumper the Clown; and WHEREAS, Firefighter Padgett was recognized with an Emergency Medical Services award for the exemplary service provided on-scene of a motor vehicle accident in December 1992; and WHEREAS, Firefighter Padgett was recognized with a total of four EMS Unit Citation awards for the exemplary service provided to cardiac arrest patients in June 1996, June 2008, July 2008 and December 2011; and WHEREAS, Firefighter Padgett was recognized with an EMS Unit Citation award for the exemplary service provided on-scene for a stab wound to the chest in October 2009; and WHEREAS, Firefighter Padgett was recognized with an EMS Life Save award for the exceptional advanced life support initiated to a patient who suffered multiple stab wounds in December 2011; and WHEREAS, Firefighter Padgett also has received numerous thank you letters for his services from the residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes the contributions of Lloyd E. Padgett, Firefighter I, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Padgett and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. <<~~~~o~, CHESTERFIELD COUNTY (~` ~ 2~ BOARD OF SUPERVISORS Page 1 of 1 L~R~m, ~ AGENDA Meeting Date: June 25, 2014 Item Number: 6.A. Subject: Work Session to Review 2014 General Assembly Legislation County Administrator's Comments: County Administrator:, The Board of Supervisors is requested to decide which new laws enacted by the 2014 General Assembly should be advertised for public hearings to amend the County Code. Summary of Information: After each General Assembly session, staff identifies changes in state law which: (1) require ordinance changes; or (2) permit ordinance changes. The attached "summary sheet" contains the staff recommendations on which new items should be scheduled for a public hearing. Preparers Jeffrey ~. Mincks Attachments: Yes Title: County Attorney 92519.1 (92580.1 & 92645.1) ^ No ~~~a~3 2014 VIRGINIA GENERAL ASSEMBLY LEGISLATION AFFECTING THE COUNTY June 25, 2014 I. CHANGES REQUIRING BOARD ACTION 1. Amend the Counter to ensure that the County is properly regulating agricultural operations. [HB 268; SB51] Staff Recommendation: The 2014 General Assembly enacted legislation requiring localities to amend their local ordinances to ensure that the following agricultural operations are only regulated to the extent that they have a substantial impact on public health, safety, or welfare: 1) Agritourism. 2) Sale of agricultural silvicultural products incidental to an agricultural operation. 3) Home canning and baking. 4) "Other activities or events that are usual and customary at Virginia agricultural operations." Staff is currently reviewing the County's Zoning Ordinance to determine whether any amendments are required to comply with this legislation. Staff recommends that this matter be referred to the Planning Commission for its recommendation and that the Board hold a public hearing as required by state law on any ordinance amendments that may be required. II. OPTIONAL CHANGES PERMITTING BOARD ACTION 2. Consider written policy governing participation of Board members in meetings by electronic communication. [HB 193] Staff Recommendation: The General Assembly previously established rules which permitted, on an extremely limited basis, the participation of a member of a governing body in a meeting by "electronic communication" (phone, Skype, etc.) from a remote location. Legislation was passed this year mandating that such "remote participation by a member in a public meeting can only occur if the governing body adopts a written policy allowing for and governing such participation, which must include an approval process for such participation subject to the restrictions imposed by state law." Staff recommends that the County Attorney draft a proposed policy for the Board's consideration. ~'~~~~ 3. Amend the Counter to add to the list of parking violations parking that blocks or prevents the use of curb ramps, fire hydrants, and mailboxes. [HB 733] Staff Recommendation: The County Code currently provides a list of parking violations in the County and provides fora $25.00 fine. The General Assembly has enacted legislation allowing localities to expand their existing unlawful parking ordinances to include parking that blocks or prevents the use of curb ramps, fire hydrants and mailboxes. Staff recommends that the Board set a public hearing for August 27, 2014 to consider such an ordinance amendment. 4. Amend the Count. to separately classify for personal property taxation one vehicle owned or leased by a uniformed member of the Virginia Defense Force. [HB 44] Staff Recommendation: The General Assembly periodically permits localities to "separately classify" certain categories of personal property which then allows the locality to set a different tax rate (but not to exempt from taxation altogether) property falling within that category. This year, the General Assembly has given localities the authority to separately classify one motor vehicle owned or leased by a uniformed member of the Virginia Defense Force. The Defense Force is a reserve force that assumes control of and/or secures Virginia National Guard and other state or federal properties when the National Guard is mobilized and 2) can be mobilized by the Governor along with the National Guard in the event of war or natural emergency. Staff recommends that this item be referred to the Budget and Management Department to study the fiscal impact of this amendment and report back to the Board by September 30, 2014. This report should also include the impact of "separately classifying" vehicles owned by disabled veterans which the Board is also authorized to do. Amend Count. to allow County to enforce its weed ordinance on occupied property. [HB 77] Staff Recommendation: Until this year, most localities (including Chesterfield) were only permitted to enforce their weed ordinance on vacant property. The 2014 General Assembly enacted legislation allowing localities to also enforce weed ordinances on occupied property. Staff recommends that the Board set a public hearing for the August 27, 2014 Board meeting to consider an ordinance amendment adding occupied property to the weed ordinance. '~~~.~ 2 0425:92580.1 2014 Virginia General Assembly Legislation Affecting the County June 25, 2014 Staff Recommendations Summary Sheet I. CHANGES REQUIRING BOARD ACTION Item No. Bill Bill Description Staff Recommendation No. 1. HB 268 Amend the County Code to ensure Refer to Planning SB 51 that the County is properly Commission for regulating agricultural operations. recommendation. II. OPTIONAL CHANGES PERMITTING BOARD ACTION 2. HB 193 Consider written policy governing County Attorney to participation of Board members in draft a proposed meetings by electronic policy for the Board's communication. consideration. 3. HB 733 Amend the County Code to add to Set public hearing for the list of parking violations August 27, 2014. parking that blocks or prevents the use of curb ramps, fire hydrants, and mailboxes. 4. HB 44 Amend the Counter to Refer to Budget and separately classify for personal Management to study property taxation one vehicle the fiscal impact and owned or leased by a uniformed report to the Board by member of the Virginia Defense September 30, 2014. Force. 5. HB 77 Amend Counter to allow Set public hearing for County to enforce its weed August 27, 2014. ordinance on occupied property. Board Decision Agee 1. Disagree 2. 3. 4. 5. `~~~. 0425:92645.1 u ~. ~`~~ °° CHESTERFIELD COUNTY s`~ ~:. ~ 1. :;.~~~;~~~~~~ BOARD OF SUPERVISORS Page 1 of 2 ~` _ ~-4 -~ AGENDA ~7uct~tn Meeting Date: June 25, 2014 Item Number: 6.B. Subject: Annual Review of Cash Proffers The Board is requested to consider policy revisions and a maximum cash proffer amount per dwelling unit for FY2015. Summary of Information: Staff annually calculates the per residential dwelling unit impact of development on select capital facilities and evaluates the Board's Cash Proffer Policy for possible amendments. Calculations are reviewed with the Board, and the Board has the opportunity to establish a maximum per dwelling unit cash proffer amount for the coming fiscal year. Since inception of the legislated authority to accept cash proffers, the Board has from time to time amended its policy and revised its maximum per dwelling unit cash proffer amount that can be accepted from applicants seeking to rezone property. The calculated cost for FY2015 is $21,261 per dwelling unit, which is 7.7 percent higher than last year's calculated cost of $19,743. The Board has the option to establish a maximum cash proffer amount up to the calculated cost of $21,261. Preparers Allan M. Carmody Title: Director of Budget and Management Attachments: Yes ~ No ~~~`~~1."7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: continued Staff's intention with the FY2015 update is to better align the cash proffer policy with strategies in the recently adopted Comprehensive Plan, while at the same time preserve a revenue source that partially offsets the cost of providing capital facilities arising from new development. Cash proffers, in conjunction with general tax dollars, are an important revenue used to help pay for the costs of capital improvements identified in the County's Public Facilities Plan. Staff has evaluated several variables as discussed and requested during the FY2014 cash proffer update, including: revitalization, differentiation by housing type and location, transportation calculations, quality standards and policy flexibility. The analyses performed are outlined in the work session presentation materials. After the work session, staff is recommending that the Board take actions that fall into two main categories: 1) considering cash proffer credits for revitalization projects on a case-by-case basis and 2) considering cash proffer credits for unique multi-family projects when coupled with other criterion. Regarding setting the maximum cash proffer amount for FY2015, the Board can set a maximum cash proffer up to the calculated amount; however, staff would recommend the maximum cash proffer remain at $18,966, the amount currently in place. Keeping the maximum at $18,966, for the sixth consecutive year, coupled with a subsequent four year fixed cash proffer concept adopted by the Board essentially reduces the cash proffer from higher amounts that could have been established over this cumulative ten year time period. State law allows the dollar amount of previously accepted cash proffers to be adjusted annually based on changes in the Marshall & Swift Building Cost Index, which has increased 3.8 percent since last year. The Cash Proffer Policy automatically adjusts the cash proffer amount on previously approved cases (when cases were approved with such language) by the amount of change in the Marshall & Swift Building Cost Index, reflective of changes in building construction costs, on an annual basis. Previously approved cases with proffered conditions allowing for no change over a four year period would not be increased this year. ~~.c~ FY2015 6/16/14 CHESTERFIELD COUNTY, VIRGINIA CASH PROFFER POLICY A. General Guidelines The Board will accept cash proffers for rezoning requests that permit residential uses in accordance with this policy. However, the Board may also accept cash, land or in- kind improvements for the capital facilities included in the County's cash proffer calculation in accordance with county and state law. Land or in-kind improvements may be accepted in addition to or in lieu of cash payments. The Board will consider providing a credit for dedications of land and in-kind improvements, such credit being applied to the specific capital facility category for which the dedication or in- kind improvement is proffered. In its review of zoning requests, the Board will consider health, safety and welfare issues and measures taken by the zoning applicants to address their impacts on capital facilities in accordance with this policy. An application containing proffers that satisfactorily mitigate the impact on capital facilities does not necessarily satisfy ail health, safety and welfare issues. 2. Pursuant to this policy, staff will (i) calculate the annual net cost of public facilities, (ii) calculate the fiscal impact of a rezoning request that permits residential uses and (iii) administer the collection and expenditure of proffered funds. Transportation proffers for non-residential rezonings shall be computed by the Transportation Department on the same basis utilized prior to July, 1989, and at the Board's option, may include cash instead of improvements. 3. Any cash proffer policy must meet a "reasonableness" or "rough proportionality" test, which requires the Board to determine in each zoning case whether the amount proffered is related both in nature and extent to the projected impact of the proposed development on public facilities. Through this policy, staff will be able to recommend a maximum proffer in each case that meets this test of reasonableness. 4. Staff determines the cost of public facilities generated by new growth by relying on the assumption that any revenue derived from growth (residential and commercial real estate taxes, sales taxes, fees, etc.) will pay all the normal operating costs for services to residents of new developments with no funds remaining to pay for the cost of public facilities needed to serve these residents. State and county laws permit the Board to accept cash proffers to fund the public facility needs generated by any new residential development. 5. In determining the net cost per dwelling unit of a public facility, staff relies on countywide averages, where possible. In addition, staff will consider the five components described below, as well as any other unique circumstances of which staff is aware, related to an individual zoning case. ~~`~~.~ FY2015 6/16/14 6. To determine how and where a proffer will be spent, the County is divided into geographic or service districts. For facilities which have a Countywide service district (parks, libraries, and fire stations), the proffer may be spent Countywide. For roads and schools, the proffer will be spent within smaller service districts as described below. 7. The following public facilities will be funded by cash proffers: schools, roads, parks, libraries, and fire stations. The County does not currently accept cash proffers to fund public facilities such as jails, landfills and other government facilities. A development proposal's impact on capital facilities will be evaluated based on the gross number of proposed dwelling units. When calculating the gross number of dwelling units, staff will: a. use the lesser of average actual recorded lot yields and the number of dwelling units proffered by the applicant and, b. not give credits for those dwelling units permitted under existing conditions of zoning or agricultural lots, and will not consider the transferring of allowable units from other properties. The Board may consider development proposals that include substantial upgrades to current design/development standards and ordinance requirements as justification for accepting reduced cash proffer payments for the pre-existing lot yields provided the applicant has not otherwise submitted documentation indicating higher lot yields in conformance with existing ordinances and reflective ofsite-specific physical features. 9. A development proposal's fiscal impact on capital facilities shall be established under the Board of Supervisors' cash proffer policy that is in effect at the time the case is being heard; however, if the Board of Supervisors changes the maximum cash proffer amount while the development proposal is still pending, the revised maximum cash proffer amount shall be applied. A pending development proposal shall be subjected to only one revision in the maximum cash proffer amount, such revision being the first revision following the application date, provided the case is approved within two years of the application date, excluding any time the case was deferred at the Board's request, but a development proposal not decided within this time frame will be evaluated in accordance with the maximum cash proffer in place at the time the case is heard. 2 ~~~~ FY2015 6/16/14 B. Methodology and Policy Terms 1. There are five "components" involved in calculating what a new dwelling unit will cost the County in terms of providing public facilities. The components which are updated annually are as follows: a. Demand generators -Staff uses the weighted average of single family and multi- family persons per household (e.g. 2.78 for FY15) and an average number of students per household (e.g.0.47 for FY15) to calculate demand generators (number of people and number of students) associated with a new dwelling unit. b. Service levels -Staff calculates existing service levels for each type of facility for which a cash proffer will be accepted. Examples of service levels are: 5.53 acres of park land per 1,000 people, 2.341ibrary books per person, and 99 square feet of space per elementary school child. c. Gross cost of public facilities -Staff calculates the gross cost of public facilities. The gross cost is used because a credit (described in (d) below) for anticipated future revenues from a new dwelling unit will be applied against the gross cost. For example, to calculate the gross cost of park facilities, multiply the average persons per dwelling unit by the cost per acre of park land plus improvement cost per acre of park land times the acres per capita. d. Credits -Staff calculates a credit to apply against the gross cost for each public facility. Chesterfield has issued and plans to continue to issue general obligation bonds to finance the construction of public facilities. Residents of new developments will pay real estate taxes to the County and a portion of these taxes will go to help retire this debt. So that new dwelling units are not paying twice (once through payment of a cash proffer and again through real estate taxes) a credit is computed. e. Net cost -Staff calculates the net cost per public facility or maximum cash proffer. This is the gross cost [(B)(1)(c)] per public facility minus the applicable credit [(B)(1)(d)] per public facility. 2. There must be a relationship between the rezoning itself and the need for a public facility. In order to ensure that money proffered by an applicant is used to fund the public facilities necessitated by the development, geographic service areas or districts are established across the County. a. Since parks, libraries, and fire stations serve the entire County, the geographic service districts for these facilities are determined to be countywide. Rezoning requests can be analyzed on a countywide basis to determine their impact on these facilities and proffers may be spent to fund these facilities countywide. 3 n FY2015 6/16/14 b. Rezoning requests can be analyzed on a countywide basis to determine their impact on schools. In order to ensure that money proffered by an applicant is used to fund the public facilities necessitated by the development, the county is divided into three geographic service districts corresponding to the attendance zones of grouped high schools. District one corresponds to the combined attendance zones for James River, Midlothian and Monacan High Schools, District two corresponds to the combined attendance zones for Clover Hill, Cosby, Manchester and Matoaca High Schools and District three corresponds to the combined attendance zones for Meadowbrook, Bird and Thomas Dale High Schools. Funds collected from a development within a District will be spent on school improvements within that District or for any school improvement that provides relief for the District the development is in. c. With respect to roads, rezoning requests are analyzed based on two geographic service districts, one north of Route 360 and one south of Route 360, to determine costs and impact. These service districts are used to calculate a road cost per dwelling unit. The Transportation Department has identified 19 traffic sheds across the County and money collected from a development within a particular shed will be spent on road improvements within that shed or on roads that provide relief to that shed. 3. The Board may prefer that a rezoning applicant mitigate the development's calculated impact on public facilities by dedicating property or doing in-kind improvements in lieu of all or a portion of the cash proffer. For property designated for dedication (excluding roads) staff will follow the County's procedure for "Acquisition of Private Property for Public Use". The value of donated land generally will be based on the current assessed value of the property, not to exceed the cost per acre used in the calculation of the proffer. The value of improvements shall be the estimated cost as determined by the County and calculated as if constructed by a governmental entity. If the dedication or in-kind improvement does not fully mitigate the development's calculated impact on public facilities, then the dedication and/or improvement's value may be applied as a credit against the development's calculated impact on the applicable public facility. The credit cannot exceed the development's calculated impact on the applicable public facility. If the value of the dedication or improvement is more than the calculated impact for the applicable public facility, the County may pay the difference. Credit for roads may be allowed for off-site land dedication or improvements, as recommended by the Transportation Department. 4. The County will continue to consider an~que circumstances relative to a proposed development that: (i) mitigate the development's projected im acp ton public facilities; and (ii) create a demonstrable reduction in capital facility needs. The County, the zoning applicant or any other person may identif e~xam_ples of mitigating circumstances. Staff reports will identify the key factors reviewed and 4 ~~~t,~~~~~ FY2015 6/16/14 the basis for recommendations when less than the established maximum cash proffer is recommended. Unique circumstances may include, but not be limited to: a. Revitalization -The County will consider reductions to the cash proffer for revitalization projects when the development proposal is within revitalization areas to include, but not necessarily limited to, special focus and gateway eg nerally identified in the Comprehensive Plan; and neighborhood enhancement areas, as discussed in the Comprehensive Plan and may be more specifically designated through future revitalization efforts. In addition, projects in the vicinity of the above cited areas may also be considered if it is determined that the development will have a positive impact on those areas. In each instance, proffered conditions should address design standards of a demonstrable quality greater than what would typically be expected within the Qeographical area in which the project is located; would have a positive impact on increasing area property values; and positively contribute to revitalization of the area. b. Mixed Use Projects -The County will consider reductions to the cash rp offer for mixed use projects with an integrated multifamily (includes apartments and condominiums) component which is not the predominant use and the project complies with the recommendations of the land use component of the Comprehensive Plan. Vital to consideration of a reduction in the cash proffer is an assurance through proffered conditions that the non-housing components of the mixed use project will be constructed in advance or in conjunction with the housing component. These areas are generall~gnated for community mixed use and regional mixed use. In such instances, proffered conditions should address design standards of a demonstrable qualitygreater than what would typically be expected within the geographical area in which the project is located and would have a positive impact on increasing area property values. Further, as provided in this polioproffered conditions that limit the impact on capital facilities such as schools, roads, or other public facilities, may also be considered when determining the appropriateness for reduction in the cash proffer. 5. When a rezoning application is filed to modify a development proposal that contains cash proffers and was approved within the previous five years, then the county may determine that the rezoning application constitutes only a minor modification and that the previously accepted cash proffer amount adequately addresses the capital impacts of the modified development proposal. 7. Notwithstanding the provisions of any proffer for a dwelling unit calculated on a per unit basis and accepted in any zoning case, the County will accept the cash proffer payment on such unit after final inspection but before issuance of a certificate of occupancy, whether temporary or final. Other proffered cash contributions, the payment of which is tied in the proffer to a particular time or 5 ~~~~ FY2015 6/16/14 event, shall continue to be payable in accordance with the terms of the proffer. Timing for dedication of property or in-kind improvements should be specified in the proffer. Cash proffers, property dedications and in-kind improvements must be used for projects identified in the Capital Improvement Program. The Capital Improvement Program is based in part on the County's Public Facilities Plan, which projects long-term facility needs. Under no circumstances shall the County issue a certificate of occupancy for such dwelling unit until the cash proffer for the unit has been paid in full to the County. 8. Cash proffer payments shall be used to fund schools, roads, parks, libraries and fire station capital facilities. Payments shall be expended in accordance with state law. 9. Adjustments in the cash proffer amount may be considered every fiscal year. Staff will recompute net costs based on the current methodology and recommend adjustments. Any adjustments to the maximum cash proffer amount would be effective upon adoption, but no sooner than July 1 of the new fiscal year. 10. The Board of Supervisors has established $18,966 as the maximum per dwelling unit cash proffer that it will accept in a zoning case. The Board has also established that, absent other Board action, approved per dwelling unit cash proffer amounts shall be fixed for a period of four years beginning on July 1 of the fiscal year in which a case is approved. Thereafter, cash proffer amounts shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year, subject to paragraph 11, below. 11. The amount of the first adjustment for the per dwelling unit cash proffer for approved cases, absent any other Board action, shall be an amount equal to the per dwelling unit cash proffer amount approved with the case adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the year in which the case was approved and July 1 four years later. 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Subject: Appointment to the Board Transportation Authority County Administrator's Comments: County Administrator: yard Action Regu of Directors of the Richmond Metropolitan The Board is requested to nominate/appoint/reappoint members to serve on the Board of Directors of the Richmond Metropolitan Transportation Authority (RMTA). Summary of Information: In 1966, a Board of Directors was formed to govern the Richmond Metropolitan Authority (RMA) Duties of the Board of Directors include passing resolutions; approving the annual budget; monitoring the organization's finances; voting upon measures; approving debt issuances; setting tolls; and selecting, appointing, supporting and reviewing the performance of the General Manager. In 2014, the name of the RMA Board of Directors was changed to the Richmond Metropolitan Transportation Authority (RMTA). In addition, the Board of Directors was expanded so that Chesterfield, Henrico and Richmond each have five representatives; there is one appointee from the Commonwealth Transportation Board. There are four standing committees (finance, audit, personnel and nominating) on the RMTA Board. These committees direct and assist RMTA staff with policies relating to external and internal auditors; approve human resource decisions affecting RMTA employees; and nominate chair, vice chair and secretary/general counsel positions on the Board. RMTA Board meetings are held monthly. Preparers Lou Lassiter Attachments: ~ Yes Title: Assistant County Administrator No ~~ # ~'f`~~~=~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The Chesterfield Board of Supervisors appoints five representatives for a term of four years and one of these five representatives may be from the County's Board of Supervisors. The current RMTA Directors appointed by the county are A. Dale Cannady and Charles R. "Dick" White. Mr. Cannady's term does not expire until September 30, 2016. Mr. White's term expires June 30, 2014. Mr. White has asked to be considered for reappointment for a term effective July 1, 2014, and expiring June 30, 2018. A total of six applications, including one from Mr. White, have been received from citizens interested in serving on the RMTA Board of Directors. A majority of Board members concur with the reappointment of Mr. Charles R. "Dick" White and the appointment of Mr. Gregory Wh.irley and Mr. Bill Woodfin for terms effective July 1, 2014, and expiring June 30, 2018. In addition the Board of Supervisors must appoint one additional RMTA representative who may be a member of the Board of Supervisors or may be chosen from the other applications received. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting, unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. L~~~`~~i CHESTERFIELD COUNTY ,.ago BOARD OF SUPERVISORS Page 1 of 2 v-~~, `~.~~. -~ AGENDA .\_~;~ Meeting Date: June 25, 2014 Item Number: 8.A.2. Subiect: Nomination/Reappointment to the Camp Baker Management Board County Administrator's Comments: County Administrator: .,.., o,.~..,.,.~,.,~. Nominate/reappoint Mr. Robert Mills and Mr. James Lumpkin to serve on the Camp Baker Management Board. The term of appointment is effective May 1, 2014, through April 30, 2017. Summary of Information: The Camp Baker Management Board has the responsibility of overseeing and monitoring the operation of Camp Baker. The positions representing the Dale Magisterial District and an At-Large position expired April 30, 2014. Two applications were received for these positions. Mr. James Lumpkin resides at 5020 Southmoor Road, Richmond, VA 23234, and has served on the Camp Baker Management Board for numerous years, and has expressed a willingness to continue for another term should the Board of Supervisors so choose. Mr. Robert Mills resides at 5830 Kingsland Road, Richmond, VA 23237, has been a supporter of Camp Baker services, has a great deal of knowledge regarding the Camp Baker Management Board, and has been instrumental in updating the Camp Baker Master Plan. Mr. Mills is willing to serve in the At-Large position for a three-year term should the Board of Supervisors so choose. Preparers Debbie Burcham Title: Executive Director, Community Services Board Attachments: ~ Yes No #~~,~~, ~~~ .~ ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The Camp Baker Management Board concurs with the reappointment of Mr. Lumpkin and Mr. Mills. The term would be effective May 1, 2014, through April 30, 2017. Under the existing Rules of Procedure, appointments to board and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. ~s`''~'js~:~ H~~µf1EI.D CG L- ~~k;1:. ~R~~~a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: s.6. Subject: Streetlight Cost Approval County Administrator's Comments: County Administrator: This item requests Board approval of a streetlight installation in the Bermuda District. ~Summary of Information: Requests for streetlights from individual citizens or civic groups are received by the Department of Environmental Engineering. Staff requests cost quotations from Dominion Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections and 2. A petition is required which must be signed by 75 percent of the residents within 200 feet of the proposed light and shall include a majority of the homeowners living at the proposed locations. CONTINUED NEXT PAGE Preparers Scott B Smedley Attachments: ® Yes Title: Director. Environmental Enaineeri t~~,; CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Cost quotations from Dominion Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation, may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Dominion Virginia Power to install the streetlight. A denial of a project would result in its cancellation and the District Improvement Fund would be charged the design cost shown; staff will notify the requestor of the denial. Projects cannot be deferred for more than 30 days due to quotation expiration. Quotation expiration has the same effect as a denial. BERMUDA DISTRICT: • In the Ashley Forest subdivision In the vicinity of 14955 Dogwood Ridge Court Cost to install streetlight: $711.47 (Design Cost: $350.00) Location is not an intersection For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. STREETLIGHT REQUEST Bermuda District Request Received: June 13, 2013 Estimate Requested: June 13, 2013 Estimate Received: May 27, 2014 Days Estimate Outstanding: 344 NAME OF REQUESTOR: Mr. Christopher R. Gattis ADDRESS: 14955 Dogwood Ridge Court Chester, VA 23831 REQUESTED LOCATION: In the Ashley Forest subdivision In the vicinity of 14955 Dogwood Ridge Court Cost to install streetlight: $711.47 POLICY CRITERIA: Intersection: Location is not an intersection Petition: Qualified Requestor Comments: - None - Streetlight Request Map June 25, 2014 ~P~~N~ R~~~~~T Q'~~DR F,9T tiF cr `<`~~r~ ~cT o, ~ ~ ~ y~ ~~~ ~Z 0 r r F~~~ CT ---- D ~NO~~/,,..._ ~ C~ ----,. Q / ..., /~ ~~N~ ~~ ~~' ~ ~~ ti~ ` _- -y ~~ _../~-- ~-~~ 'p~\ ~P~D~RWCC~ O \ Ott' h G~ ~P~ f~ ~4 QOQ~P~/ F,~~G~Op ~ ~~O ~`~` O~ "---- ~~ wA Y ~~. BLACK GUM TER O~ ~O ~/ ~~ .~P This map is a copyrig]ited prodtiict of N This map shows citizen requested the Chesterfield County GIS Office. streetlight installations in relation to existing streetlights. Streetlight legend Existing streetlight information was eXlStlrlg Ilght obtained from the Chesterfield County Environmental Engineering Department. • requested light ~~;~~~~ y 0 445 890 1,780 ~r ~.:.,~ .~, >. ,~ Feet ;~~~~ CHESTERFIELD COUNTY ~~~K~~ BOARD OF SUPERVISORS Page 1 of 1 ~~~ ~. AGENDA \~.~; ~_ .,~1id9 ~k(:l i Meeting Date: June 25, 2014 Item Number: 8.C.1.a. Subject: Resolution Recognizing Lieutenant Colonel Steven N. Carozza for His Outstanding Contributions to Chesterfield County County Administrator's Comments: County Administrator: Board Action Rec Mr. Elswick requests that the Board adopt the attached resolution. Summary of Information: The attached resolution recognizes Lieutenant Colonel Steven N. Carozza for his outstanding contributions to Chesterfield County. Preparers Janice Blakley Title: Clerk to the Board of Supervisors Attachments: ®Yes ~ No # ~~~~ ~` RECOGNIZING LIEUTENANT COLONEL STEVEN N. CAROZZA FOR HIS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD COUNTY WHEREAS, in June 2012, Lieutenant Colonel Steven N. Carozza arrived at Fort Lee and assumed command of the 16th Ordnance Battalion; and WHEREAS, Lieutenant Colonel Carozza began a formal partnership with the Matoaca District in December 2012, establishing a strong intent to develop community ties through his leadership and personal example, and the widely-used term to describe his program is "Community Connect"; and WHEREAS, the widely-used term within the U.S. Army, Community Connect, describes active efforts to directly engage a wide spectrum of businesses, organizations and local community and education leaders to bring them closer to the soldiers who serve them; and WHEREAS, soldiers from the 16th Ordnance Battalion have provided literally thousands of hours of community service by way of more than 100 successful community engagement events; and WHEREAS, these efforts ranged throughout not only the Mataoca District, but across all of Chesterfield County in support of the following organizations and events: the Chesterfield Chamber of Commerce's annual Celebration of the Vine event; the Chesterfield Historical Society; Chesterfield Humane Society; Sitter and Barfoot Veterans Care Center; Habitat for Humanity; Chesterfield Veterans of Foreign Wars; and the Chesterfield Department of Parks and Recreation; and WHEREAS, the Battalion's support to Chesterfield County Public Schools has included support for Beulah, Ettrick, Falling Creek, Harrowgate, Jacobs Road, Matoaca and Elizabeth Scott elementary schools; for Falling Creek, Manchester and Matoaca middle schools; and for Manchester High School; and WHEREAS, Lieutenant Colonel Carozza has personally developed very close relationships with several leaders within Chesterfield County, which has allowed him to make the necessary connections to identify additional areas of need throughout the county where outreach efforts could help make a difference; and WHEREAS, Lieutenant Colonel Carozza provided both opportunities and inspiration to his soldiers, enabling them to develop a sense of community and to learn what it means to be a good neighbor; and WHEREAS, in March 2014, Fort Lee was recognized as the Chesterfield County Public School District 2014 Volunteer Organization of the Year in Support of Schools, largely due to the outreach efforts of the 16th_ Ordnance Battalion, as part of the 59th Ordnance Brigade; and WHEREAS, Lieutenant Colonel Carozza departed his command at Fort Lee on May 28, 2014, and will be assigned to the Joint Staff at the Pentagon as his next duty position; and WHEREAS, Lieutenant Colonel Carozza will be missed for his leadership, community focus and ability to make meaningful contributions to Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the exemplary achievements and civic service of Lieutenant Colonel Steven N. Carozza, expresses appreciation on behalf of all Chesterfield County residents, and extends best wishes for his continued success in his career. ~;, ~ ,~-. ..~ ~4 µt'IELb ~E. [~ (l.~ v~ ~ ~. r. ~v~:u- t~~HG[:1~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.1.b.1. Subject: Resolution Recognizing Lloyd E. Padgett, Firefighter I, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Regues d: Adoption of attached resolution. Summary of Information: Lloyd E. Padgett, Firefighter I, retired from the Fire and Emergency Medical Services Department on May 1, 2014, after providing 25 years of service to the residents of Chesterfield County. Preparers Edward L. Senter Jr. Attachments: Yes ~ No -. ,.. '~ ~•} ash 9 Title: Fire Chief RECOGNIZING LLOYD E. PADGETT, FIREFIGHTER I UPON HIS RETIREMENT WHEREAS, Firefighter Lloyd Elden Padgett retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on May 1, 2014; and WHEREAS, Firefighter Padgett began as a part-time equipment mechanic in the fire vehicle maintenance shop in January 1988; and WHEREAS, Firefighter Padgett began his career as a firefighter in Recruit School #20 in May 1989, and has faithfully served the county for 25 years in various assignments as a firefighter, including the Matoaca, Airport, Manchester, Buford, Midlothian, and Bon Air Fire and EMS Stations; and WHEREAS, Firefighter Padgett served as a Firefighter/IMT Specialist in the Information Technology Management Unit, and provided exemplary support as the TeleStaff Administrator; and WHEREAS, Firefighter Padgett served as a Fire and Life Safety Public Educator as Pumper the Clown; and WHEREAS, Firefighter Padgett was recognized with an Emergency Medical Services award for the exemplary service provided on-scene of a motor vehicle accident in December 1992; and WHEREAS, Firefighter Padgett was recognized with a total of four EMS Unit Citation awards for the exemplary service provided to cardiac arrest patients in June 1996, June 2008, July 2008 and December 2011; and WHEREAS, Firefighter Padgett was recognized with an EMS Unit Citation award for the exemplary service provided on-scene for a stab wound to the chest in October 2009; and WHEREAS, Firefighter Padgett was recognized with an EMS Life Save award for the exceptional advanced life support initiated to a patient who suffered multiple stab wounds in December 2011; and WHEREAS, Firefighter Padgett also has received numerous thank you letters for his services from the residents of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Lloyd E. Padgett, Firefighter I, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. 4 µFIF( G SE CGL ~ ~~ i. ~,~~: ~R(:I'.t~t' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.1.b.2. Subiect: Resolution Recognizing Fire and Life Safety Educator Joy F. Chapman, Fire and Emergency Medical Services Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Fire and Life Safety Educator Joy F. Chapman retired from the Fire and Emergency Medical Services Department on February 1, 2014, after providing more than 28 years of service to the residents of Chesterfield County. Preparers Edward L. Senter, Jr. Attachments: Yes Title: Fire Chief ^ No # ~ ~~ ,fit ~~~ RECOGNIZING FIRE AND LIFE SAFETY EDUCATOR JOY F. CHAPMAN UPON HER RETIREMENT WHEREAS, Fire and Life Safety Educator Joy F. Chapman retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2014; and WHEREAS, Ms. Chapman has faithfully served Chesterfield County for more than 28 years on various committees, including the initial Critical Incident Stress Debriefing Team, Peer Mediation Team, and Fire Department Human Relations Committee; and WHEREAS, Ms. Chapman represented Chesterfield Fire and Emergency Medical Services on the Department of Fire Programs EEO/AA Council, developing training modules used statewide and nationally; and WHEREAS, Ms. Chapman has attained numerous certifications from the Virginia Department of Fire Programs and the National Fire Academy, including Juvenile Fire Setter Intervention Specialist I and II, Public Fire and Life Safety Educator I and II, Hazardous Materials Awareness, Community Risk Management, State EEO/AA Trainer, Injury Prevention Specialist, Course and Development and Design; and WHEREAS, Ms. Chapman is a graduate of Chesterfield County's Total Quality Improvement (TQI) Program; and WHEREAS, Ms. Chapman has developed and presented educational programs for elementary, middle, high schools and adults, and has educated more than 40,000 residents, providing lifesaving fire and life safety lessons; and WHEREAS, Ms. Chapman has provided a superior level of commitment and dedication to her work; and WHEREAS, Ms. Chapman has displayed a helpful, courteous and caring attitude while working with internal and external customers; and WHEREAS, on January 21, 2014, Ms. Chapman received the Liberty Mutual Insurance Company's 2013 Firemark Award, recognizing her outstanding commitment to community service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Fire and Life Safety Educator Joy F. Chapman, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service and congratulations upon her retirement. ~~'' ~~tµF[E1.fJ ~, `~~ U` ~ ~~ •. .+ _ U~-j CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.1.b.3. Subiect: Resolution Recognizing Clyde L. Kirby, Firefighter II, Fire and Emergency Medical Services Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Rec~ues Adoption of attached resolution. Summary of Information: Clyde L. Kirby, Firefighter II, retired from the Fire and Emergency Medical Services Department on August 1, 2013, after providing more than 22 years of service to the residents of Chesterfield County. Preparers Edward L. Senter Jr. Title: Fire Chief Attachments: Yes ~ No # ,,,~ ~,~ '~~~,, RECOGNIZING CLYDE L. KIRBY, FIREFIGHTER II UPON HIS RETIREMENT WHEREAS, Firefighter Clyde Kirby retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2013; and WHEREAS, Firefighter Kirby began volunteering with the Bensley Volunteer Fire Department in 1984, and began his career as a paid firefighter in 1990; and WHEREAS, Firefighter Kirby attended Recruit School #17, and has faithfully served the county for more than 22 years in various assignments, including the Dutch Gap, Bensley, Buford, Airport, Dale, Ettrick, Winterpock, and Rivers Bend Fire and EMS Stations; and WHEREAS, Firefighter Kirby was certified as an Emergency Medical Cardiac Technician in 1991; and WHEREAS, Firefighter Kirby served two years as a member on the SCUBA team; and WHEREAS, Firefighter Kirby was recognized for being the first ALS provider to utilize aerosolized Albuterol on a patient; and WHEREAS, Firefighter Kirby was awarded an Emergency Medical Services award in 1990 for lifesaving actions, resulting in the successful cardiac arrest resuscitation; and WHEREAS, Firefighter Kirby was recognized with an EMS Unit Citation in 2003 for his participation in the treatment of a motorcyclist after a violent collision with an automobile; and WHEREAS, Firefighter Kirby was awarded a Unit Citation and a Life Save award in 2005 for the search and rescue of a resident from a structure fire; and WHEREAS, Firefighter Kirby was recognized in 2006 with a Unit Citation award as a result of the exemplary teamwork displayed on-scene where a car was found in a retention pond. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Clyde L. Kirby, Firefighter II, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. .~ ~`- u^ CHESTERFIELD COUNTY ~~~` ` BOARD OF SUPERVISORS ~~ ~ '~. ~~~~;% AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.1.b.4. Subject: Resolution Recognizing Mrs. Cynthia L. Wade, General Services, Printing Center, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mrs. Wade retired May 30, 2014, after providing more than 31 years of service to the citizens of Chesterfield County. Preparers Robert C. Attachments: Title: Director of General Services Yes ^ No #` RECOGNIZING MRS. CYNTHIA L. WADE UPON HER RETIREMENT WHEREAS, Mrs. Cynthia L. Wade joined the Chesterfield County Department of General Services on May 2, 1983, as a Switchboard Operator and over the years worked her way up to Customer Operations Supervisor in 2009; and WHEREAS, Mrs. Wade completed the Chesterfield County Employee Leadership Institute and the School of Quality and Continuous Improvement courses; and WHEREAS, Mrs. Wade has an outstanding knowledge of printing processes and products and used her skills to produce superior documents, flyers, posters, forms, and other printed materials; and WHEREAS, Mrs. Wade has the knowledge to ensure efficient operation and maintenance of all of the equipment in the Printing Center and possesses excellent mechanical abilities; and WHEREAS, Mrs. Wade worked diligently for six weeks setting up the database that is the foundation of the Printing Center's printing software by listing all types of paper, colors of ink, and bindery services, while also designing the work order form, the delivery tickets and the invoices; and WHEREAS, Mrs. Wade played an important part in the undertaking of transferring production printing functions from the Information Systems Technology (IST) Department to the Printing Center by working with printing staff and the equipment supplier to transfer data production work from an obsolete impact printer at IST to the Printing Center's equipment; and WHEREAS, Mrs. Wade was a dependable employee who was willing to work whenever needed and could always be depended on when overtime was required; and WHEREAS, Mrs. Wade has contributed cost-saving ideas and improved processes to reduce cycle time and waste; and WHEREAS, Mrs. Wade maintained productive relationships with vendors, service technicians, and internal and external customers; and WHEREAS, Mrs. Wade promoted teamwork among all staff members and was quick to work in any area where she was needed; and WHEREAS, Mrs. Wade received many compliments from customers on her customer service skills noting that she was a great source of information to them. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mrs. Cynthia L. Wade, expresses the appreciation of all residents for her service to Chesterfield County, and extends appreciation for her dedicated service to the county and congratulations upon her retirement, as well as best wishes for a long and happy retirement. /µ4~~:GL C'G / t Cl v F, i. ~~~Rfl~:l~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.1.b.5. Subject: Resolution Recognizing Corporal Glenn M. Corbin, Police Department, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Corporal Glenn M. Corbin will retire from the Police Department on July 1, 2014, after providing nearly 28 years of service to the citizens of Chesterfield County. Preparers Colonel Thierry G. Dupuis Title: Chief of Police Attachments: Yes ~ No # ~, ., RECOGNIZING CORPORAL GLENN M. CORBIN UPON HIS RETIREMENT WHEREAS, Corporal Glenn M. Corbin will retire from the Chesterfield County Police Department on July 1, 2014, after providing nearly 28 years of quality service to the citizens of Chesterfield County; and WHEREAS, Corporal Corbin has faithfully served the county in the capacity of volunteer Special Police Officer, Patrol Officer, Senior, Master, Career Police Officer and Corporal; and WHEREAS, Corporal Corbin also served as a Field Training Officer, Evidence Technician, General Instructor, Drug Awareness Resistance Education (DARE) Officer and School Resource Officer; and WHEREAS, Corporal Corbin was selected as the 1992 DARE Officer of the Year; and WHEREAS, Corporal Corbin received recognition for his ongoing service and dedication to the safety of the children in Chesterfield County, often contributing his personal time beyond the school day; and WHEREAS, Corporal Corbin is recognized for his communications and human relation skills, his professionalism and his teamwork, all of which he has utilized in serving the citizens of Chesterfield County; and WHEREAS, Corporal Corbin has received numerous letters of commendation, thanks and appreciation for service rendered; and WHEREAS, Corporal Corbin has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Corporal Corbin's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Glenn M. Corbin, and extends on behalf of its members and the citizens of Chesterfield County appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. ~tuF`E`°~°~. CHESTERFIELD COUNTY s r~ ~~ ~-~" BOARD OF SUPERVISORS Page 1 of 1 ~~~ ~ AGENDA Meeting Date: June 25, 2014 Item Number: 8.C.1.b.6. Subject: Resolution Recognizing Ms. Arlene R. Lindsey, Utilities Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Ms. Arlene R. Lindsey retired from the Utilities Department on June 1, 2014, after 33 years of service. Preparers Roy E. Covington Attachments: ®Yes ~ No Title: Director, Utilities Department # ., r ~ ~~ ~ ~s~ RECOGNIZING MS. ARLENE R. LINDSEY UPON HER RETIREMENT WHEREAS, Ms. Arlene R. Lindsey retired from Chesterfield County Utilities Department on June 1, 2014; and WHEREAS, in 1981, Ms. Lindsey began her public service with Chesterfield County working as a Clerk Typist; and WHEREAS, Ms. Lindsey received several promotions while faithfully working for the Utilities Department, serving as a Senior Clerk Typist/ Receptionist, Word Processing Specialist, Senior Office Assistant, Secretary, and finally serving as an Administrative Secretary from 2002 until her retirement; and WHEREAS, Ms. Lindsey was nominated as Employee of the Year in 1987 and 1988, and was chosen as the Utilities Department Employee of the Year in 1988; and WHEREAS, in 1997, Ms. Lindsey successfully completed the Process Management training as presented by John Tyler Community College and Chesterfield University; and WHEREAS, in 2001, Ms. Lindsey was recognized for her contributions in assisting all sections of the Utilities Department in developing a comprehensive and complex illustration chart for all of the department's processes; and WHEREAS, in 2002, Ms. Lindsey was recognized for the many hours and her tireless efforts in preparing the department's Water and Wastewater Specifications and Procedures Manual in a very user-friendly format for inclusion on the county's Internet Web page for use by customers; and WHEREAS, in 2005, Ms. Lindsey was recognized for suggesting a process improvement to the Site Plan Staff Developers' Meetings that provided better customer service to those attending the weekly meetings; and WHEREAS, Ms. Lindsey focused on and provided world-class customer service, consistently meeting or exceeding expectations by assuring that all customers' needs and expectations were met in an expeditious, courteous and effective manner; and WHEREAS, throughout her career with Chesterfield County, Ms. Lindsey displayed unparalleled dependability, aptitude, good character and values. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Arlene R. Lindsey and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 33 years of exceptional service to the county. ~~~~~~ ~~tK"~'°~~~ CHESTERFIELD COUNTY v~ l~ ~~~ BOARD OF SUPERVISORS Page 1 of 1 ~,;~, `' ,;x~;,,> AGENDA Meeting Date: June 25, 2014 Item Number: 8.C.1.b.7. Subiect: Resolution Recognizing Ms. Nariman M. Elfino, Utilities Department, Upon Her Retirement County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Ms . Nariman M. Elfino will retire from the Utilities Department on August 1, 2014, after more than 20 years of service. Preparers Roy E. Covington Title: Director, Utilities Department Attachments: Yes ~ No # ~` ~ NC~t,~ ~ _ ..v RECOGNIZING MS. NARIMAN M. ELFINO UPON HER RETIREMENT WHEREAS, Ms. Nariman M. Elfino will retire from the Chesterfield County Utilities Department on August 1, 2014; and WHEREAS, Ms. Elfino has served the County of Chesterfield as a faithful employee of the Utilities Department since 1993; and WHEREAS, the expertise developed by Ms. Elfino during her tenure as a drinking water chemist has enabled her to make significant contributions to the operations of the Addison-Evans Water Production and Laboratory Facility; and WHEREAS, Ms. Elfino has initiated new analyses in both ion chromatography and gas chromatography, and has performed admirably during state inspections by always receiving the highest marks for her work; and WHEREAS, Ms. Elfino has been instrumental in ensuring that the analyses performed in ion chromatography and gas chromatography to maintain certification were of the highest quality, and she passed her first performance study after being with the plant less than a month and never failed a parameter in any study she was involved in more than 20 years; and WHEREAS, Ms. Elfino is to be commended for her willingness to serve on the Department of Utilities' Quality Council and to eagerly learn new concepts by taking numerous county classes earning certificates and attending many pertinent analytical instrumentation seminars; and WHEREAS, Ms. Elfino always thoroughly monitored the results of drinking water samples and communicated to management any anomalies that could be indicative of a change in drinking-water quality; and WHEREAS, Ms. Elfino has always presented the citizens of Chesterfield County with the highest level of customer service through her excellent analytical skill and timeliness in regards to ensuring the county's drinking water is of outstanding quality; and WHEREAS, Ms. Elfino's professionalism in her work duties is respected by everyone she came in contact with, including customers, colleagues, and management. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes Ms. Nariman M. Elfino for her outstanding contributions, expresses the appreciation of all residents for her service to the county, and extends appreciation for her dedicated service, congratulations upon her retirement, and best wishes for a long and happy retirement. ~~~~a CHESTERFIELD COUNTY M~~RtD~~ BOARD OF SUPERVISORS Page 1 of 1 G'~ AGENDA ~,.~ ~: ~~RCIfi~~ Meeting Date: June 25, 2014 Item Number: 8.C.1.c. Subject: Adoption of Virginia Retirement System Resolutions Regarding Employer Retirement Contributions County Administrator's Comments: County Administrator: Board Action Regue ed: The Board of Supervisors is requested to adopt three resolutions required by the Virginia Retirement System. Summary of Information: Recent legislation calls for localities to make certain decisions by July 1, 2014, regarding employer retirement contributions to the Virginia Retirement System. These include: • Certification by the Board of Supervisors of the employer retirement contribution rate for Chesterfield County for 2014-16 as required by Item 467(1) of the 2014 Appropriation Act. • Certification by the Board of Supervisors that it concurs with the election of the Chesterfield County School Board to pay the certified rate, as required by Item 467 (I) of the 2014 Appropriation Act. • Certification by the Board of Supervisors that it concurs with the election of the Appomattox Regional Governor's School to pay the certified rate, as required by Item 467(I) of the 2014 Appropriation Act. Preparers Scott Zaremba Title: Director of Human Resource Programs Attachments: ®Yes ~ No # ~~~;~ ~_~ ~~ ~. RESOLUTION Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2014 Appropriation Act Item 467(I)) BE IT RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby acknowledge that its contribution rates effective July 1, 2014, shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) eighty percent of the results of the June 30, 2013, actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-16 biennium (the "Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code ~ 51.1-145(1) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2014: (Check only one box) Q The Certified Rate of 15.29% ^ The Alternate Rate of 12.230; and BE IT ALSO RESOLVED, that CHESTERFIELD COUNTY (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of CHESTERFIELD COUNTY (55120) are hereby authorized and directed in the name of CHESTERFIELD COUNTY to carry out the provisions of this resolution, and said officers of CHESTERFIELD COUNTY are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by CHESTERFIELD COUNTY for this purpose. Chairman CERTIFICATION I, Clerk to the Board of Supervisors, Chesterfield County, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of Chesterfield County held at Chesterfield, Virginia at 3:00 p.m, on June 25, 2014. Given under my hand and seal of Chesterfield County this day of June, 2014. Clerk w~ '~~~ RESOLUTION Local Governing Body Concurrence with School Division Electing to Pay the VRS Board-Certified Rate (In accordance with the 2014 Appropriation Act Item 467(1)) BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Chesterfield County School Board has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code ~ 51.1-145(1) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Chesterfield County School Board to pay the Certified Rate, as required by Item 467(I) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of Chesterfield hereby authorized and directed in the name of Chi execute any required contract to carry out the resolution. In execution of any such contract which seal of Chesterfield County, as appropriate, shall be by the Clerk. Chairman CERTIFICATION County (55120) are ~sterfield County to provisions of this may be required, the affixed and attested I, Clerk to the Board of Supervisors, Chesterfield County, certify that the foregoing is a true and correct copy of a resolution passed by Chesterfield County at a lawfully organized meeting of Chesterfield County held at Chesterfield, Virginia at 3:00 p.m. on June 25, 2014. Given under my hand and seal of Chesterfield County this day of June, 2014. Clerk ~''~u~`~'`y ~~ RESOLUTION Local Governing Body Concurrence with Appomattox Regional Governor's School Electing to Pay the VRS Board-Certified Rate (In accordance with the 2014 Appropriation Act Item 467(I)) BE IT RESOLVED, that Chesterfield County (55120) does hereby acknowledge that the Appomattox Regional Governor's School has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code ~ 51.1-145(1) resulting from the June 30, 2013, actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that Chesterfield County (55120) does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the Appomattox Regional Governor's School to pay the Certified Rate, as required by Item 467(1) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of Chesterfield County (55120) are hereby authorized and directed in the name of Chesterfield County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of Chesterfield County, as appropriate, shall be affixed and attested by the Clerk. Chairman I, CERTIFICATION Clerk to the Board of Supervisors, Chesterfield County, certify that the foregoing is a true and correct copy of a resolution passed by Chesterfield County at a lawfully organized meeting of Chesterfield County held at Chesterfield, Virginia at 3:00 p.m. on June 25, 2014. Given under my hand and seal of Chesterfield County this day of June, 2014. Clerk '~~~~ CHESTERFIELD COUNTY ~.st ~°. ~~° BOARD OF SUPERVISORS Page 1 of 1 J~L 1" s`~ . AGENDA ,, ~. t 1RGP~~ \~ Meeting Date: June 25, 2014 Item Number: 8.C.2.a. Subiect: Approval of Grant Submission for the 2014 COPS Hiring Grant Program County Administrator's Comments: County Administrator: Board Action Requested: Approve the submission of the 2014 COPS Hiring Grant Program for the purpose of hiring 15 additional officers beyond the general budget allocation. These officers would be supported with federal money for 36 months. The department would be required to continue the officers' employment for an additional 12 months. The total program cost is $2,692,737. The department is requesting $1,875,000 from the funder and will be required to provide $817,737 in matching funds over three years. Summary of Information: The Chesterfield County Police Department is seeking funding from the 2014 COPS Hiring Grant Program to support an additional 15 sworn officers beyond the general budget allocation. These officers would be supported with federal money for 36 months. The department is requesting $1,875,000 from the funder and will be required to provide $817,737 in matching funds during the first 36 months. The department would be required to continue the officers' employment for an additional 12 months. Preparer: Colonel Thierry G. Dupuis Title: Chief of Police Preparer: Allan Carmody Title: Director, Budget and Management Attachments: ~ Yes No # _~ `~~ ~' ~'`~? ... ~.; a j CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) The county's commitment would be $269,066 in year one, $272,547 in year two and $276,124 in year three. The program cost to the county during the initial 36 months would be $817,737. When combined with the grant funds of $1,875,000, the total program cost for the first 36 months would be $2,692,737. During the final 12 months, all costs associated with the 15 officers' salaries and benefits would be the sole responsibility of the county. Additionally, the county would bear all costs, for the entire duration of the grant, associated with training and outfitting the officers, including: vehicles, weapons and uniforms. This grant will allow the county to improve upon its goal of having more officers in the community, as laid out in the five-year service enhancement projections discussed with the FY2015 budget. These grant funds will complement the county's efforts to further promote a safe, secure community, while maximizing federal funds to do so. The county's match will come from the department's existing operating budget, through attrition, for FY2015 and their projected operating budgets in FY2016- 2018. CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 t<~~°`° AGENDA ~r (~ ~~ l~HC17?~ Meeting Date: June 25, 2014 Item Number: s.C.2.b. Subiect: Approval of Grant Submission for the 2014 Virginia Department of Emergency Management State Homeland Security Program Sustainability Project County Administrator's Comments: County Administrator: Board Action Reau Approve the submission of the 2014 Virginia Department of Emergency Management State Homeland Security Program Sustainability Project application for the purpose of requesting funds to replace all of the radios on the Mobile Command Center, as well as replace audio/visual equipment and environmental systems. The grant application requests $171,763.32 in federal funds. If fully funded, the grant will have no cash match. Summary of Information: The Chesterfield County Police Department and Fire/EMS Department are seeking funds to support the purchase of replacement radios, audio/visual equipment and environmental systems for the Mobile Command Center through the 2014 Virginia Department of Emergency Management State Homeland Security Program Sustainability Project. This application is requesting $171,763.32 to fund the equipment. There is no matching fund requirement. Preparer: Colonel Thierry G. Dupuis Preparer: Allan Carmody Attachments: ~ Yes No Title: Chief of Police Title: Director, Budget and Management 7T ~~~A4'1 ~~ ~~ ! r sta~~~,o~a CHESTERFIELD COUNTY ~~~ BOARD OF SUPERVISORS Page 1 of 2 ~`~,__ e ~~ ~ ,,,, ~ AGENDA j`~RGIN~ Meeting Date: June 25, 2014 Item Number: 8.C.3. Subject: Request to Subordinate a Deed of Trust for a Community Development Block Grant Loan for Felicia Turner-Ward County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to authorize the County Administrator to sign all documents necessary to subordinate Felicia Turner-Ward's Community Development Block Grant loan to a restructured loan from Wells Fargo Bank. Summary of Information: In 2010, the County's contractor, Southside Community Development and Housing Corporation, constructed a home at 4007 Hamlin Creek Parkway, in Hamlin Creek Subdivision, using $72,300 in CDBG/HOME funds, which are available to low-income, first time home buyers. The house was ultimately sold to Felicia Turner-Ward, and a mortgage, in favor of the County, was recorded to secure the expenditure of the $72,300 in CDBG/HOME funds. Under the terms of the loan, which are established by the CDBG/HOME program, the mortgage is not repaid, but is to be released, without repayment, if Ms. Turner-Ward lives in the house as a first-time homebuyer for 15 years. At the time of its recordation, the County's mortgage was a second deed of trust, subordinate in interest to a 2010 loan from Wells Fargo Bank in the amount of $174,287. Preparers Jeffrey ~. Mincks Title: County Attorney 0505:92644.1 Attachments: ~ Yes No # ~'' ~f~~", ....~ ,;~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Earlier this year, Ms. Turner-Ward experienced financial difficulties beyond her control, which caused her to become delinquent in the repayment of her loan to Wells Fargo. In order to avoid foreclosure, Wells Fargo has agreed to restructure Ms. Turner-Ward's loan to decrease her monthly payments to an amount which fits within her budget. However, Wells Fargo must re-record its deed of trust mortgage in order to accomplish this restructuring, and its new, re-recorded mortgage will be a second deed of trust, subordinate to the County's CDBG loan, unless the County agrees to subordinate the CDBG loan. Wells Fargo is unwilling to agree to restructure the loan unless the County agrees to such a subordination so that Wells Fargo can remain the first lien-holder on the property. Staff believes that subordinating the CDBG loan to Wells Fargo's restructured loan will not prejudice the County's rights, since the new loan will be for the same amount as the original Wells Fargo loan and the County loan was already subordinate to the original loan. Moreover, the restructuring will prevent foreclosure and allow Ms. Turner-Ward to remain in the house, which is consistent with the County's requirement that Ms. Turner-Ward remain in the home for 15 years after she purchased it. Accordingly, subordination is also consistent with the purpose of the County's CDBG program. For these reasons, staff recommends that the Board authorize the County Administrator to sign the documents necessary to accomplish subordination of the County's CDBG loan to Ms. Turner-Ward's restructured Wells Fargo loan. 0505:92644.1 ~~tµFIELli CG s`as `'r t .. ~~< f':9 .. ~>HCi!~~" CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June, 25, 2014 Item Number: 8.C.4. Subject: Set the date for a Public Hearing to Consider Amending Chapter 10, Fire Protection, of the County Code County Administrator's Comments: County Administrator: Set the date of July 23, 2014 to conduct a public hearing to consider adopting an ordinance amending Chapter 10, Fire Protection, of the County Code. Summary of Information: The Virginia Statewide Fire Prevention Code (VSFPC) is enforced by the Chesterfield County Fire Marshal's Office. The State Department of Housing and Community Development has recently promulgated changes to the VSFPC, which will become effective July 18, 2014. Accordingly, the county needs to update the County Code where it refers to the VSFPC to reflect the changes made by the state. These changes are administrative in nature, including changes to the numbering of code sections or clarification of existing language, or a change in the terminology used, but no substantive changes are being made. Preparers Edward L. Senter Jr. Title Attachments: ^ Yes ~ No Fire Chief 2'723:91161(908191) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 10-3 RELATING TO THE FIRE PREVENTION CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-3 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-3. Fire prevention code-Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, § 27-97, in the following respects: Chapter 1. Administration and Enforcement 106.3 Inspections: Delete and substitute 106.3 as follows: The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual in accordance with the fire official's written policy. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body. The fire official may require the owner or owner's agent to inspect the owner's property or equipment in accordance with guidelines approved by the fire official. 106.8 Plans Review and Certificate o, f Occupancy: Add section 106.8 as follows: The fire official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one- and two-family dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy. 106.9 Fire Hydrants: Add section 106.9 as follows: During the site and/or construction plans review process for construction or change in use of any building or structure, the fire official shall have the authority to require the installation of fire hydrants as he deems necessary to have water available for fire fighting purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to fire fighting apparatus at the time they are installed and at all times thereafter. The fire official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their ~ ~~'i'%t~3~, 2723:92653.1 placement and the desired flow shall be determined by regulations established from nationally recognized standards. 106.10 Authority to Take Photographs: Add section 106.10 as follows: The fire official or his duly authorized representative is authorized to make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergency, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the fire official from making sketches or taking photographs. 107.2 Operational Permits add Table 107.2 as follows: TABLE 107.2. OPERATIONAL PERMIT REQUIREMENTS DESCRIPTION PERMIT REQUIRED (yes or no) PERMIT ~ INSPECTION FEE :FEE Aerosol products. An operational permit is required to No manufacture, store or handle an aggregate quantity of Leve12 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is No required to operate a special amusement building. Aviation facilities. An operational permit is required to No use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required No '!to conduct a carnival or fair. Ne „b ii~uiu vupu~.z~~vr rnvr~. a ~:' 2723:92653.1 2 Cellulose nitrate film. An operational permit is No required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust producing operations. An No operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: An operational permit is not required for agricultural storage. Compressed gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS :AMOUNT (cubic feet at NTP) Corrosive 200 Flammable (except cryogenic ' 200 fluids and liquefied petroleum gases) Highly toxic 'Any amount Inert and simple asphyxiant 6,000 No No . ':~~ 2723:92653.1 3 i Oxidizing (including oxygen) 504 Pyrophoric }Any amount Toxic ;Any amount For SI: 1 cubic foot = 0.02832 m2 Covered and open mall buildings. An operational l permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid-fired or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. PERMIT AMO UNTS FOR CRYOGENIC FLUIDS TYPE OF CRYOGENIC ~ INSIDE B UILDING FLUID ' allons 1 i - Flammable ~ More than 1 E Inert ~ 60 "Oxidizing (includes oxygen~ 10 _ ~.: ..: y~ ~_= t.. .~ 2723:92653.1 4 Physicai or health hazard not :Any amount Any amount indicated above For SI: 1 gallon = 3.785 L. ~__ _v _______» __ Cutting and welding. An operational permit is required 'No to conduct cutting or welding operations within the jurisdiction. Dry cleaning plants. An operational permit is required No to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is No required to operate exhibits and trade shows. cvf,.,,,~~„~„ t r.,,.,,,a,,,,., n„t, .,+r,,,,.,,~ i~uc~> ~N8 Ne Explosives, fireworks, and pyrotechnics. An ~erational permit is required for the manufacture, storage, handling, sale or use of an~quantit~of explosive, explosive materials, fireworks, pyrotechnic special effects, or pyrotechnic special effects material within the scope of Chapter 56. a. Explosives and blasting agents Yes $65 ~,~ '`=~='~'a~~ 2'723:92653.1 5 b. Fireworks, public or private displaX :Yes $0 c. Pyrotechnic special effects materials Yes ' $0 Exception: Storage in Group R-3 or R-5 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale, and in accordance with the quantity limitations and conditions set forth in Section 5601.1, exception numbers four anti 1 ~. Fire hydrants and valves. An operational permit is No required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) ~~°° c°,.+;,,,, ~~ni .~ .~~ nor does it apply to piping systems ~ . 2. To store, handle or use Class I liquids in excess of five gallons (19 L) in a building or in excess often gallons (37.9 L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. No 2723:92653.1 6 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. 3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 6. To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above- ground flammable or combustible liquid tank. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flammable or combustible liquids. Floor finishing. An operational permit is required for 1No floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate afruit-ripe, Wing, or crop-ripening facility or conduct afruit-ripening process using ethylene gas. No Fumigationz a~thermal, and insecticidal. fogging. An No operational permit is required to operate a business of 2723:92653.1 7 `--''~ ~'~-~ ~.~ fumigation, e~thermal, or insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. Hazardous materials. An operational permit is No required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. PERMIT AMO UNTS FOR HAZARDOUS MATERIALS __ _ _ _ ~ _ TYPE OF MATERIAL ___ 'AMOUNT E-- i Combustible liquids 'See flammable and F combustible liquids Corrosive materials Gases Liquids Solids Explosive materials Flammable materials See compressed gases 55 gallons 1,000 pounds See explosives Gases See compressed gases Liquids See flammable and combustible liquids Solids 100 pounds Highly toxic materials Gases See compressed gases 2723:92653.1 8 Liquids :Any amount Solids Any amount Oxidizing materials Gases ~ See compressed gases Liquids Class 4 Any amount __ Class 3~ l gallona ___ Class 2 10 gallons Class 1 ~ 55 gallons Solids _ _ _ Class 4 ~~~~~ ~~ _ ~ ~~~~~~ _ ~~~~~~~~, Any amount Class 3~ ~ ~ ' 10 poundse ~~~~~Class 2 ~ ~~~ ~~~~~~ ~~~~~ _~~ ' l00 pounds ~ ~~~ Class l 500 pounds Organic peroxides Liquids Class I ;Any amount Class II ;Any amount Class III 1 gallon Class IV ' 2 gallons ,~; ,r. ~, ,.-, ,-~~ 2723:92653.1 9 Class V 'No permit required Solids i Class I !Any amount Class II Any amount Class III 10 pounds Class IV 20 pounds _ _ Class V No permit required Pyrophoric materials Gases ___ ~ See compressed gases i Liquids Any amount Solids ;Any amount Toxic materials Gases See compressed gases Liquids 10 gallons Solids 100 pounds Unstable (reactive) materials Liquids Class 4 Any amount Class 3 Any amount Class 2 5 gallons 2'723 :92653.1 10 ~ ~ ~ ~~~~~ ~' ~ ~ ~ ` Class 1 ~ 10 gallons Solids Class 4 :Any amount Class 3 Any amount Class 2 50 pounds Class 1 ~ 100 pounds 'Water-reactive materials Liquids j ___ s Class 3 j Any amount Class 2 ' S gallons ___________.____ _______~__w__. ________~ - - - Class 1 ~ 55 gallons Solids Class 3 Any amount Class 2 50 pounds Class 1 ~ 500 pounds i .For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. "' a. Twenty~allons when Table 5003.1.1(1) Note k ;applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 20 ;gallons or less. "b. Twentypounds when Table 5003.1.1(1) Note k 'j, applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 200 ~., 2723 ~ 92653.1 11 pounds or less. HPMfacilities. An operational permit is required to No store, handle or use hazardous production materials. High piled storage. An operational permit is required 'No to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision. No Industrial ovens. An operational permit is required for ~No operation of industrial ovens regulated by Chapter X30. Lumber yards and woodworking plants. An operational No permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 ,:~ „:~;J 2723:92653.1 12 m3). Liquid- ueled or gas fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid-fueled or gas- fueled vehicles or equipment in assembly buildings. No LP-gas. An operational permit is required for: No 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an agate quantity not exceeding 500 alg Ions (1893 serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. Magnesium. An operational permit is required to melt, No cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational ~No permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open burning. An operational permit is required for ids the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. a, Land clearing and/or property maintenance (90 ;Yes ~ $400 dampermit) b. Tree trimmings and garden trimmings on ;Yes $0 private property~30 day permit) ~`~~ 2725:92653.1 13 Exception: Recreational fires and provided further that the County Administrator may administratively suspend the open burning fee for a temporary period of time after any national, state or local authority declares a disaster affecting ail or a portion of the County. Open flames and candles. An operational permit is No required to r r+ <,,;+~, ., +,.,.,,~,. , ., +,,,.,.~, „ „ro„ ~„r,o ,~~<.;,.o ; ~ ~,~.,,,,.,a,,,,~ pro ., ,. +„ use ~~ open flames or candies in connection with assembly areas, dining areas of restaurants or drinking establishments. Open flames and torches. An operational permit is No required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area. Organic coatings. An operational permit is required No for any organic-coating manufacturing operation producing more than one gallon (4 L) of an organic coating in one day. Places ofAssembly~~. An operational permit ~No is required to operate a place of assembly Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants. Exception: An operational permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants. No Pyrotechnic special effects material. An operational `:Yes $0 permit is required for use and handling of pyrotechnic '_ special effects material. Pyroxylin plastics. An operational permit is required No for storage or handling of more than 25 pounds (11 kg) :.. ~.. 2723:92653.1 14 of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is No required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and service stations. An operational `No permit is required for operation of repair garages and automotive, marine and fleet service stations. Rooftop heliports. An operational permit is required rNo for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required =No to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter X524. Storage of scrap tires and tine byproducts. An ';No operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures, tents and canopies. No An operational permit is required to operate an air- supported temporary membrane structure or a tent. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. 3. Fabric canopies and awnings open on all sides which comply with all of the following: .~, ~.:. 2723:92653.1 15 3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2). 3.2. The aggregate area of multiple canopies placed side by side without a firebreak clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total. 3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is No required for the operation and maintenance of a tire- rebuilding plant. Waste handling. An operational permit is required for No the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to ~No store chips, hogged material, lumber or plywood in ' excess of 200 cubic feet (6 m3). 111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows: If the notice of violation is not complied with within the time specified by the fire official, the fire official may issue a summons for the violation of the code. The fire official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code. 111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code. Chapter 2. Definitions 202.0. General Definitions. Add the following definition: The term "occupant" means any person physically located or situated in or on any property, structure or vehicle irrespective of the length of time or the reason for such occupancy. Chapter 3. General Precautions Against Fire 307.1 Title and Purpose. Delete and substitute section 307.1 as follows: r, ~ .... ~~; ,_ - :~ 2723:92653.1 16 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. 307.1.1 Definitions. Delete and substitute section 307,1.1 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. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. D. "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. E. "Debris waste" means stumps, wood, and brush from property maintenance and/or land clearing operations. F. "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. G. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. H. "Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or 2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. „ .., ~; _; `, ._ 2723:92653.1 17 I. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. J. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses, and steel mills. K. "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. L. "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. M. "Local landfill" means any landfill located within the jurisdiction of a local government. N. "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. O. "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. P. "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 overdraft incinerators. Q. "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. R. "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. S. "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. ~ ~~, <~ ~ ~;~ U 2723:92653.1 18 T. "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. U. "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 307.2 Open Burning Regulations-General. Delete and substitute Section 307.2 as follows: A. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. B. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. C. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. D. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. E. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. F. 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. G. 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 fire official. H. 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. I. The fire marshal or his designee may prohibit all open burning with the exception of those exemptions listed in 307.2.1, when he determines that atmospheric conditions or 2723 :92653.1 19 local circumstances make such fires hazardous. Previously issued permits may be extended for the amount of time such prohibition remains in effect. 307.2.1 Exemptions. Delete and substitute subsection 307.2.1 as follows: The following activities are exempted from the above prohibitions to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: A. 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; B. 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; C. Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; D. 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. Open burning for the disposal of evidence under the direction of the Virginia State Police, Chesterfield County Police or the Fire Marshal. 307.2.2 Permissible Open Burning. Add subsection 307.2.2 as follows: A. Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: 1. A written permit, valid for 30 days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; 2. 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 burn, 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; 3. The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 4. The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than .' ~~.~~. 2723:92653.1 20 buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 5. All fires must be at least 50 feet from any structure; 6. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road; and 7. Permits for burning tree trimmings and/or garden trimmings shall be limited to two per site per year. B. 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 Fire & EMS, Fire and Life Safety Division, provided the following conditions are met: A written permit, valid for 90 days, 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. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; 2. 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 burn, 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; The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 4. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 5. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 6. The burning shall be conducted at the greatest distance practicable from highways and airfields; 2723:92653.1 21 7. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; 8. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area; and 9. The permit holder must maintain liability insurance in the minimum amount of $1,000,000.00 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. C. 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: 1. A written permit, valid for 90 days, 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; 2. 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; 3. 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; 4. Ali reasonable effort shall be made to minimize the amount of material that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 5. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 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 County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the .days during which the burning will occur; and 7. The permit holder must maintain liability insurance in the minimum amount of $1,000,000.00 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. `~'`"' 2723:92653.1 22 D. Sections A through C 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 May, June, July, August, or September. 307.2.3 Permits. Add subsection 307.2.3 as follows: A. When open burning of debris waste or open burning of debris on the site of a local landfill is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, 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 & EMS, Fire and Life Safety Division. B. 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 & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, 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 & EMS, 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: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. 3. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire & EMS, 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. 4. The burning shall be attended at ail 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. 5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 2723 :92653.1 23 6. 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. 7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. 3~i~.~307.2.4 Endangering Other Property. Add subsection ~~?~ 307.2.4 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. 3-8-~?-Er307.2.5 Revocation of Permits. Add subsection 3.87~~ 307.2.5: A. 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 extinguishments of the fire and the burn permit shall be subject to revocation; B. Permits may be revoked or suspended when smoke, ash or other hazards create a public health or safety concern. 307.4 Fees. Delete and substitute section 307.4 as follows: 1. There shall be no fees for the permit required by Section 307.2.2(A). 2. Fees for permits required by section 307.2.2(B) and (C) and shall be $400.00 307.5 Attendance. Delete the words "Open burning". 308.1.4 Add the following sentences to the end of the opening paragraph of section 308.1.4, prior to the Exceptions, as follows: The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. 308.1.4 Delete exception 2. 311. S Placards. Delete and substitute section 311.5 as follows: Any building or structure that is vacant or abandoned and is determined by the fire official to be unduly dangerous to firefighting operations due to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5 or marked as required by the fire official. 3~5~31 S. 6 Materials Storage Regulation. Add subsection ~~5-5-315.6 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a gross volume of greater than 2,500 cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. ' -, ~' ~'. 2723 :92653.1 24 x-31 S. 7 Storage, Park or Repair. Add subsection 21315.7 as follows: No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with ail applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. Chapter S. Fire Service Features 502.1. General Definitions. Delete and substitute the following definition: Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting equipment and facilities. 503.8 Illegal Use. Add subsection 503.8 as follows: 1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. 2. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. 3. The penalty for violation of section 503.8(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.8(2) shall be the same as for all other violations of this chapter. Chapter 9 Fire Protection Systems 901.5.2 Altering or Changing Supervisory Services. Add subsection 901.5.2 as follows: The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. 901.6.1.1 Limited Area Sprinkler Systems. Add subsection 901.6.1.1 as follows: All limited area sprinkler systems shall be inspected annually and maintained according to NFPA 25 and in accordance with the following standards: ~~ 2723:92653.1 25 The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means. 2. Markings shall be provided in a conspicuous place at the sprinkler control valve and shall state: "Notify the Fire Department (748-1251) before closing valve." 3. Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner. 901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows: The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection. nn~901.12 Permits Required. All modifications, additions, or repair work beyond the scope of routine maintenance and inspections require permits issued by the Building Official in accordance with the Uniform Statewide Building Code. 904.11.1.1 Manual Operations. Add subsection 904.1 l.l.l as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. ~ b b ~ 904.11.6.4 ventilation System. Add subsection 904.11.6.4 as follows: The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired. 90~?-1b~-907.9 Nuisance Alarm Activations. Add section ~8-907.9 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. ~~; 2723:92653.1 26 Chapter 10. Means of Egress ~9~-9-}-1030.10 Marking Means of EgNess. Add subsection ~-8~8~--1030.10 as follows: The code official may require the means of egress through storage areas to be marked, and the owner or his agent shall be responsible for marking and maintaining such aisles as required. Chapter X50. Hazardous Materials -General Provisions '5002.1 Definitions. Delete and substitute the following definition: Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this Chapter, whether the materials are in usable or waste condition, including flammable and combustible liquids. Chapter 3-356. Explosives and Fireworks ??~'.'. ?~ 5601.1.3.1 Fireworks Prohibited. Add subsection ~~~1~T5601.1.3.1 as follows: Permissible fireworks, as defined in the Statewide Fire Prevention Code, shall not be possessed, stored, sold, used or handled in Chesterfield County. ??~~~ 5601.2.2.1 Violations. Add subsection ~`=~.T5601.2.2.1 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks or pyrotechnic special effect materials, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised displays of fireworks or pyrotechnic special effect materials. 339-x-5608.1 General. Add the following text to ~3-8~~5608.1: A permit shall be required for the display of fireworks and pyrotechnic special effect materials. X5608.2 Permit Application. Add the following text to ~~98-X5608.2: Application for permits shall be made in writing at least 60 days in advance of the date of the display or discharge of fireworks or pyrotechnic special effect materials. The sale, possession, discharge and distribution of fireworks or pyrotechnic special effect materials for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit. Chaptef° 3~~ 77. Flammable and Combustible Liquids 3l "''~'. r 5704. L 1 Prohibited Storage. Add subsection ? 404.-'~~ 5704.1.1 as follows: ~.~~~_ . 2723:92653.1 27 The storage of flammable and combustible liquid shall be prohibited in occupancies of Use Group A, R- l , R-2, and in rental storage facilities. ? ~~~0 5706.5.1.6 Fire Protection. Delete and substitute ~''~TO-5706.5.1.6 as follows: Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter X561. Liquefied Petroleum Gases ~9-16101.4 Emergency Services. Add subsection ~~46101.4 as follows: Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service. ?~"~: 6109.13 Delete and substitute section ~-g8~3:-1-3-6109.13 as follows: Protection of Containers. Containers shall be placed in a suitable enclosure or otherwise protected against tampering. The enclosure shall be secured to the sidewalk, concrete pad, or building to avoid tipping or movement of the enclosure. The servicing company's name and 24-hour phone number and "NO SMOKING" signs shall be provided and maintained on the enclosure. Vehicular protection shall be provided as required by the fire official. APPENDICES The following appendices of the International Fire Code, ~89~-2012 Edition shall be an enforceable part of this code: Appendix B -Fire-flow Requirements for Buildings Appendix C -Fire Hydrant Locations and Distribution Appendix D -Fire Apparatus Access Roads Exception: Section D 106 and Section D 107 shall not be included in this code. (2) That this ordinance shall become effective immediately upon adoption. '~':.: ct`~` 2723:92653.1 28 ~~,~ `f ~,,~q. _~; ~. ~~~,+ , CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.5. Subject: Transfer $5,000 from the Dale District Improvement Fund to the Parks and Recreation Department to Purchase and Install New Playground Equipment at J. G. Hening Elementary School County Administrator's Comments: County Administrator: _ Board Action Requested: Transfer $5,000 from the Dale District Improvement Fund to the Parks and Recreation Department to purchase and install new playground equipment at J. G. Hening Elementary School. Summary of Information: Chairman Holland has requested the Board to transfer $5,000 from the Dale District Improvement Fund to the Parks & Recreation Department to purchase and install new playground equipment at J. G. Hening Elementary School. The Board is authorized to transfer funds to the Department of Parks and Recreation to improve the playground at J. G. Hening Elementary School since this is a capital improvement to County property which will be used by the public. The purchase of the equipment must comply with the Virginia Public Procurement Act. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparers Allan M. Carmody Title: Director, Budget & Management 0425:92667.1 Attachments: Yes ~ No CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District (mprovement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. 1. What is the name of the applicant (person or J G .Hening Elementary PTO organization) making this funding request? ~~ f ~.~~ ~ -_,r_e~c? _„~~ t l ,:5;~ t, 1 .;i~w.y _~ r.. jI _ I ~~._ - u~.-_:1.~,~._i.l.~~,. ~.lic....`F s...lr~..f .._~:+_ .~._ ~ ~._, . PTO's Mission 2. If an organization is the applicant, what is the *Develop a closer connection between school and nature and purpose of the organization? home by encouraging parent involvement. *Enhance the educational experience by supporting (Attach organization's most recent articles of academic and enrichment activities. incorporation and/or bylaws to application.) *Improve the environment at our school by providing volunteer and frnanc~al support _ f ~..~ ~ ,, u„ - - ~ ~ ~ ~ 7 ,. ~..-__ .. ~~n ~r ! 3. What is the amount of funding you are seeking? ~ ~I X20000.00 ~ y ! In the late spring of 2013, J.G. Hening Elementary had one playground condemned due to the age and condition of the play set. The county demolished the playground on May 2, 2013 which left the school with only 1 size appropriate playground for 546 students (Pre -Kindergarten through 3rd grade). Hening Elementary became a Title 1 Targeted Assisted School/astschool year. This means that 4. Describe in detail the funding request and how over 40°° of our students receive either free or the money, if approved, will be spent. reduced lunch based on their family's economic need. This will make fundraising a difficult and timely ordeal. In order to replace the playground, the school needs to raise $20,000 for the playground set and approximately $7,000 more for installation. All monies would go to pay for the playset and installation. _ _ ~ ~ ~~_~ W . _.-_~ __~._~~ ~~. ~ ~~~.. _. ~= ~ -_ ~, ~ .~ _- - -~I 4 5. Is any Chesterfield County Department involved in the project, event or program for which you yes are seeking funds? ~~~~~. Provide name of other department Chesterfield County Parks and Recreations -r ~, ~ --r-~-z r ~ - Tk Jf u~ ~ ~ i ~ 5~ ~n ~ i r : +' :t A ~ zR T - ~ ~ } _ .fi ~ t } • i~ h _ .>` h ~~ ~.~ - ah ;1 I~ '~~_~~:___~ .. ~ .c.i,. _~..~,~~, .:i t~ ~.-_,.~ ! ~_u- &. If this request for funding will not fully fund your activity or program, what other individual ~ G. Hening Elementary PTO or organization wilt provide the remainder of the funding? T'1'~L y~ S iS ~' ~- S _ 9 _'T ~ ' '` l1 .rl~ ~ f-r 2 ~' .. 1 ? 7. If the applicant is an organization, answer the following No -corporation Is the organization a corporation Yes -non-profit Is the organization non-profit? Is the organization tax-exempt? Yes -tax-exempt 8. Applicant information: 5230 Chicora Drive Mailing Address N. Chesterfield, VA 23234 -address Telephone Number 804-743-3655 -phone Fax Number 804-743-3655 -fax E-Mail Address heningpto@gmail.com -email Signature of the applicant - If you are signing on behalf of an organization you must be the J. G. Hening Elementary PTO president, vice-president, chairman/director or Name of Applicant vice-chairman. PTO President -Title /f sig ing on behal of organization ~Vt.t~- ~A /V~~___.- Kenisha Cameron -printed name ~1 `I~-date ~~ ;~,, . 1~1 `~.~ -:: ~.L. a For Internal Use ..~re~ ~ A n ~ n_ Date Rec~~~ed: ~ ~ ~~ ~, District: Form: Updated 2/7/2013 .~. ~.. ~..,~u. c'~4~F~L~ C'p . ..v.:- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.6. Subiect: State Roads Acceptances County Administrator's Comments: County Administrator: Board Action Requested: Adoption of resolutions for referenced state roads acceptances. Summary of Information: Bermuda District: Branders Creek Drive - Remainder Matoaca District: Heron Pointe Summer Lake Section 7 Midlothian District: Ashton Village Section A at Charter Colony Preparers Scott B. Smedley Title: Director, Environmental En ineering Attachments: Yes ~ No # TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -Branders Creek Drive -Remainder DISTRICT: BERMUDA MEETING DATE: June 25, 2014 ROADS FOR CONSIDERATION: BRANDERS CREEK DR Vicinity Map: Branders Creek Drive -Remainder Produced By Chesterfield County GIS TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -HERON POINTS DISTRICT: MATOACA MEETING DATE: June 25, 2014 ROADS FOR CONSIDERATION: HERON POINTS BLVp HERON POINTS CT HERON POINTS PL HERON POINTS TER HERON POINTS WAY Vicinity Map: HERON POINTS `~v ~'~~` ~ m m Z WA ~ =~ O C7 B/.~~q O o~~ SHOREWOODG~ .~ ~ MARINE ~FQ~ V~ .~~o 0 O ~ SHOREWOO C ..~, O GEN~T~ RD -____..___~.._ ___ _..__..,~1 ~ O ~ ~ U ~, ,,~, ~~ HERoN PO~NTE w - - o ____~ ~~` O ,~_ m ~.! ~r Produced By Chesterfield County GIS ~.~ r.. '` .. ._ .. _ _ ...~d~. •.... TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance -SUMMER LAKE SECTION 7 DISTRICT: MATOACA MEETING DATE: June 06, 2014 ROADS FOR CONSIDERATION: BURTONWOOD PL LAKE SUMMER DR LAKE SUMMER LOOP TREE VIEW CT Vicinity Map: SUMMER LAKE SECTION 7 <,q'4'c~ S~~ MFR ~~E/E_ V ~F~cT, oOQ lq ,,, .. ~F~ ~P WFs 0 ~- m w w ~VjN GGFNS ~~~~~~~N C I R ~~~ ~O ,r ~ ~ ~J¢ WJ ~ ~Q ~v ~~ O~ r CT O -` ciR ~~z KF G z c~s~~2,FR =w o w e m ~~' q y ,mow ~~. Qv Z DR T ~'~KE SUMMER ~ a O ~ v~ R v N ~ o ~~ CT a ~`~ O -\v ~" p ~J OA -1 SIP ~ 4~ ~ ~ qkE DR ~' Q' ~v0 ~~ v ,~~'~ ~ SUS ~J~~ ~E WS ~~~¢O /Nc ~~~ N MFR LAKE ° cgpFRo OR ~ ~~QP~~O~ ~J4= QFN~O/a,. 0 w v Produced By Chestertield County GIS 6 ~ /"'~ r; rY'' t , ldar d.G`..~., TO: Board of Supervisors FROM: Department of Environmental Engineering SUBJECT: State Road Acceptance - ASHTON VILLAGE. SECTION A AT CHARTER COLONY DISTRICT: MIDLOTHIAN MEETING DATE: June 25, 2014 ROADS FOR CONSIDERATION: ASHTON VILLAGE CT ASHTON VILLAGE LN Vicinity Map: ASHTON VILLAGE. SECTION A AT CHARTER COLONY O ~ n ~ z ~ T p T lG T ~~ SNA NAN PL < G~ ~"~ ~~ v ~ C7- CHAR ER PARK DR D ~ U ~`=Z SO~FR F~ u a, ._ ~ ~ D ~ ~ G~ Cj~FY GRACED ~W ~ 2 0 1 O~ 3 ~ ~ \ ~'L 2 \ v ~,~-- QLRIDGE RD Zw ~G ~ Q. RT2 ~ 8 8 ~c ~~~ G ~~~ W~~ P~O~ c G <v~ T1PP~ ~ ~'~` Q O ~2 O GL s ,2 c o Produced By Chesterfield County GIS µF~E1.D CHESTERFIELD COUNTY ~~t. c~ ~s~ = BOARD OF SUPERVISORS Page 1 of 2 \~~;`` j AGENDA ~~~Hflti~~ Meeting Date: June 25, 2014 Item Number: 8.C.7.a. Subject: Award of Construction Contract for County Project #12-0131, River Road Waterline to Virginia State University County Administrator's Comments: County Administrator: Board Action Rec Staff recommends that the Board of Supervisors award the construction contract to Walter C. Via Enterprises, Inc. in the amount of $975,188 and authorize the County Administrator to execute the necessary documents. Summary of Information: On June 27, 2012, the Board of Supervisors approved a Memorandum of Understanding with Virginia State University. In accordance with the executed Memorandum of Understanding, Virginia State University and Chesterfield County agreed to share in the cost to construct off-campus water improvements that will serve both the university properties and the surrounding Ettrick area. The cost-sharing is based upon percentages as determined using the county's oversizing ordinance. The project consists of the construction of approximately 5,130 linear feet of 16-inch diameter ductile iron waterline along River Road from Bass Street to Chesterfield Avenue and then entering the VSU campus near the new multi-purpose center currently under construction. The waterline will connect to an existing waterline on-campus. Preparer: Roy E. Covington, P.E. Preparer: Allan M. Carmod r1- Attachments: Yes Title: Director of Utilities Title: Director of Budget and Management ^ No # ~~, ~ . ~- ~- BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (Continued) Staff received five bids ranging from $975,188 to $1,310,488.10. The County's Engineering Consultant Austin Brockenbrough Engineering and Consulting has evaluated the bids and recommends award of the contract to Walter C. Via Enterprises, Inc. as the lowest responsive and responsible bidder. Budget staff confirms that funds are available in the current CIP. a ,y ~i i ~, .~ w .~a~ ~:.~ y ~, , ,. W "' _ I I ~~. h`xF `Y 5 ~ n _ _ _ wad}'~ Iq 1 ° _ -_ _ ~~M f0. .T ~.~~_ a ~i ~'`:•. ~_ _ .~ ~~ ~ `` r y ~~p'~° .~' „ad' ~ -,. p.r- A" ',.w+tlih°~ ~M lI j-~ I ~ ~~ .~ - _~ - ~-*~ __ Kggb,,.q e~1' :V` ~'r^~f ~ ! 5.1 .. A" M1~" ~• r ~ of ~. ~~ """Mm.1.a-J^°r, y. ~~A ~i ,, ~','~~, ~~~ ,~ E~"6~1q~Fi ~EPxIER,TaF~,~` ~ `_, o _ q, 5, _ _ ry y .~ ~ ~ b r l w [I .;" °~` ~ 4 .~ .. ~ A., "_ Air X^w r ... m~j° .« ~. ,~, ,~ w ~~ _ _ _ °4 _ _ I n ~ ~~ `~ ~ ~"~,~, ~ ~ ~ ~ ~ of ~ 4 ~.' " ~_ - _ _ ~ ~~ ~ _ y ,_- ~ ~,~ iw ``._"" ,~e h~e~~e~~id ~;_+un~y _ .'~ t '~ ~'" - ~~cp` r\ `~~~` ~=% 'l~ i,h~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 8.C.7.b. Subiect: Award of Construction Contract for County Project #13-0259, Dundas Road Valve and Vault Replacement County Administrator's Comments: County Administrator: Board Action RE The Board of Supervisors is requested to award the construction contract to Mid State Construction Company, Inc., in the amount of $397,476 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of the construction of approximately 150 linear feet of 12-inch water line, a new control valve that reacts to water levels in elevated storage tanks and a valve vault, all to replace existing water infrastructure which is at the end of its useful life. Staff received a total of two bids, the lowest bid being from Mid State Construction Company, Inc., in the amount of $397,476. The second lowest bid was from T. A. Loving Company, in the amount of $459,476. The County's Engineering Consultant, URS Corporation, has evaluated the bids and recommends award of contract to Mid State Construction Company, Inc., the lowest responsive bidder. Funds for this project are available in the CIP. District: Bermuda Preparer: Roy E. Covington, P.E. Preparer: Allan Carmody Title: Director of Utilities Title: Director of Budget & Management Attachments: ~ Yes No #._ .~.~~ ~. w .r 1.i• ~ /~+~. ,, CHESTERFIELD COUNTY (° ~ ~`~~ ~~~ BOARD OF SUPERVISORS Page 1 of 1 `~~~,;:~ ~ AGENDA l~RCla~~ Meeting Date: June 25, 2014 Item Number: 8.C.8.a. Subject: Request Permission to Install Private Sewer and Water Services Within Private Easements to Serve Property at 6900 Championship Crossing County Administrator's Comments: County Administrator: Grant 6801 Woolridge Road - Moseley, LP permission to install private sewer and water services within private easements, and authorize the County Administrator to execute the connection agreement. Summary of Information: 6801 Woolridge Road - Moseley, LP has requested permission to install private sewer and water services within private easements to serve property at 6900 Championship Crossing. This request has been reviewed by the Utilities Department. Approval is recommended. District: Matoaca Preparers John W. Harmon Attachments: ®Yes ~ No Title: Real Property Manager ~, i~iT ~E~ Re+~u~st Permissi~rt t~ Inst'~II Priuate Sewer ~n~l'Vi~'at~er Servi~e~es'+~'itliin Private Easerr~ent~ to Serge Property at 5913~t ~I~ampion~l7ip ~rc~ssing 5 4`` ' { ~~ ~~ ~~`' "ten ~' ~ ,~~ 1~ ~ i f ~ 4~1 ~, ,. ~.,r ,-~' ~, ~~ / 5 i ~ _ ~, ~,~- ~„ , Irv ~~- w _ '~ k t5 ~ ~~ ~~ ~y ~ ~ "~ ~ `~ i~ w`+ I 9 r ,~ I~equ~s# Permissimn to Insxall ~ t ~~~ 1 Privy#e Se~r~er and 1~aker Seraaices ......, l ~.. ~' _- ~ ~ ~ y ~, •- ~~~` ~ ~, ~~~i E -~~~rE ~ ~. `- ----~~ 5 ~ -fr` ~~ l"'-~f ~ Chest~ii~fsi County Dpp~a~trrsESat of Utilities ..~-~ .. ,~~` x,-= 4N ~Pr'-'-~~- ~~- f. ~r s ~~ -~~ ~~ ~'"'` x v i 0 ~ 0 ~ U ti ~ J Q q o ti ti j ? o V ti ti Z W 5 ~ W U U 2 Aga w Om ~~'~' use' ~h~~ WWb OW¢i^ ¢)h4m ~2~2 ~ Oa 3O ~ /, _ ~L~y~sBt gd ~u _oesH~O~~ BeO V/S+s~~~J~d~ /~b~~l b ~ ~ ~ tiSN°,d~b r ~ 4;Wgq o$ H~ _ ___ _~- ~ 1 ~~ ~ ; ~ \~ ~~ \ ~~o ~ k N~~N~ 'v ~ ~/ I~tiP;~~ ~ [ ~~o ~ \ _~l,~t ~N ~ ~ l4 ~m ~" ~ ~ ~ W 3W[~ W N ~ \ ~ £ ~ ~ \ ~ CS (Q( ~~ ((4 ~~ y~mp( ry ` o ry ` \ ~ 3 i~ ( ~ b c~ m~AS ~~ ~~ O $ + pmOZi O zw $~ 2 .. \j/\ \ / ~ 4 O ~~ ~ ~ ~ ~ ~ ~WiPi SSS$ / ON~ ~ W ~ ~ w i pt~~ tp QJO ' `~ T y h I ~ ~~~A~ C7 C~ gm.4~R`~nh ' w(~~~,~~~ pmm~n4 zooLLZ~ I ~ 3 ~~ I ~aw~ed u,(WeW 6q I Wy g~:OL 6LOULZ/5 uo paUO~d 16MP'2331VM S1WS3.LLIlLLf1 ~a~~ayg ~~o~ IA jj4 ~~'~ :F ~ ~ ~~2 s;~~ < ~ YP OW v`ai ~~~ ti~ 3~~ C~ j 'C O O \ \ \ ~ ~ /~'~, ~~ / ~ _~ i o ~ C~(~Ci ~ ~WW C~04 y C1~Q y...gW OWZ`~ ~W~n~ ~¢¢NCVi ~30Q0 F 04 O ~~ 4 n Z U o, j 0 yY U O ~o •-.'.••' df1021J SNOWWII ~. ~~~> Q 1'~ J y p nhj ~~SQ'Wt:.~, v •; ~Q~g""^ ~ ti a ~ Q a~WQ~a az bol-ps,, W W Q Q~ W m~~ Z W W J J Q W ~ C ~ ~ ~ m w p ~' ~ a h m J m h 2 2 N v~ y h M P V~ 0 ~ O .ti, } ' ~ ~ ¢ Q ~ O h k {~ ^ ^RV =W 2 F-.W~~ lJ F. ~~ ~~ ti U 0 .i ~ ~ ~ ~ 4.W WO GS ul o_ WW J yo p 4 (~ 3~ tiaw~ O "o p 2~~y ee avN (m.~~~~~~~rv~~9~m=~,~; ~~~~,wo„~a~ •. • .•• d o 021 J S N O W W I 1 1 o~ U 2 ~~ G1 N P °a o '~ (V ti P J Q Q b ~ ~ W j ? o V ~ v~~v~ W xi J W 7 v V ~ W ~ g 8 ~i n Y ~ h `° N `+ ~ r$ ~ ~i h w e w y Q C~ p e 3 w '~ ~ '} < ~ z ~ n ~ ~ h '~ ~ ~ ~ h ~ ~ i b ~ _~ ~ ~ m ~, ~ y z J N M O H ~ o. ~ ee avw ti~~3 O `-' z ~ 2&`mh W ~m e2 o> ti Wy 22 mw g ~W ti~ o~ ~~ ~~ ~~ O ~a 3~ ti ~w~ ~Na O ~g ~W q8q~~: )y0 \ \ \ ~ ~ \ \ \ \ a W W Q ~~~ W ~~~~~ W n`~`.°v '~ P.J ~~ ~'mm~•2 ~ 300~~ m,~ ~- U' z4i W Z a m `~ Oae'~Hy Cnb~ 2 ~~mm~~ kktpm"~`a ~U bQ~a2~ 3 $ o ti ~'W ~ ~ BQNh W ~y ~ S' b i __ 6l `Jd (~yy£~~lZ se p ~ ~ $ o '9N!/OMO~,H31i7odg~bbN ~N/S gO~~ ~,H ~~~~~~H~ zo z oW~~o OWO~O ~wae~ zWioQ ti-~~QW a ~ ~ aQ O 4 ~~S 1F ~ ~ ~: ~r~_'~{~~ ~~i ~iiN y C //-- evL . i <~ ~ l~ ~ ' 80 ~ ~G it/~ o'p ~ / ~' ~. UGH iYb^ ~ o J \ ( / ~ ` y~ V ~ T ~ s ~ - _ ~ ~o ~ ~-1- _ ~ \ - -'_"_ - _ ~ \ / ~~ n~o ~ ~ _ / ~ / =ui wed ?-Wm 1 )~, --- ~~03 f- ~ ~~~ ~W„ ~ S ~ ~ 1 ' 4 u Wq ~ / H~ ~~ `4' tN 1~ W$~W W m~ / ~y4 =J~c~i l ~_ ~~'~~y uiQ~ / / z 'v ~`4~ e gaaa / w ~QO~w d~V ~`~ / ~~~~ 1 QQy., O 2WW t7 T~~y~a~ ~y a // pV ~ ~ 1 1 a / _ / ~ ~~ _ / N ~~.. / \\/ / ` \ / ~auuej un~ueW nq ~ {rytl SE~6 6l OZ/LZ/S uo PaAoid I tiMP'S1WS3.V.Illlfl ~a1184S O w Z ti W O 4 j O U °> h 0 ~sE~~~~t~ CHESTERFIELD COUNTY V ` ~ ., BOARD OF SUPERVISORS Page 1 of 1 t~~~-1`J ~~~=~~~ AGENDA Meeting Date: June 25, 2014 Item Number: 8.C.8.b. Subiect: Request Permission for a Proposed Boat Dock to Encroach in the Impoundment Easement for Swift Creek Reservoir County Administrator's Comments: County Administrator: Board Action Requested: Grant Daniel F. Martin and Mary K. Martin permission for a proposed boat dock to encroach in the impoundment easement for Swift Creek Reservoir, subject to the execution of a license agreement. Summary of Information: Daniel F. Martin and Mary K. boat dock to encroach in th adjacent to Shelter Cove. construction of the dock Community Association. Thi Environmental Engineering. Approval is recommended. District: Matoaca Martin have requested permission for a proposed e impoundment easement for Swift Creek Reservoir The owner has received permission for the from the underlying land owner and Woodlake s request has been reviewed by Utilities and A building permit is also required. Preparers John W. Harmon Title: Real Property Manager Attachments: ® Yes ~ No # ~.,~,,~,;~ °IIHIT1~ ET:H F~~quest Permission for a Proposed Boat Dock to Encroach in tl7e Impoundment Easement for swift Dreek Reservoir 'S I~ ----~ ~ E f/45 7 ~~~y~ t A' - ~5' f' I ~~ J~ k y ~,~ - J -~. , '~-~ ~ J l ~k ~ ~ ,~ / ~ 1 ~,} i~~ f~ ~--•-.-~^Y J' -.. PE~IJEST F'EP,P~IIS~IOI~1 FOF~ '~ `~'~/ . ,~ AF'ROF'O,~E~ BOfi~T DOCK ~~ ~ f~ ~ ~~ ~~1~ ~ Chesterfield County Clepartment of utilities 1 L ~_"~ 1 T I lu,Y - lU5 ls~ 'kkt .w.1 Sri "`.., ^^' .,~ r•~ p.~„3 ~` _ I `' .. '~ ~~ 5566 0114 ~ I r ! ,~ ~~ 01 ~532~ ~ f ~ /1433 ~ ~ ~~ ~~ `_ t. . D10 03 ~ ~ -~ 0~ 2325 r 73 6007 ,t. 14312 a'f `~ 4: ``-- ! / 025 - -- -- l.1 L114 -- ----_ _ i 14~3-1~ ~"' ~~ 026 0~1 Q1 ~ 010 , 4707 / ~. ____ ~L147 009 41 S _~ 2804 ~ _ ; `:4318 Daniel F. Martin i1-3 1-4-40 1-440 4 02 ~ i 1 ~ ~,,,-'~ Mary K. Martin `~`'~ ~ ~3~13 ~ 14317 Shelter Cove Rd 1 4 ~~ ,_ ^ .Ca~~'y~~ _ -_ ~;~,1 DB. 8875 PG. say l.~ A E~ ~~------ . , ~~-~ :---","" , ! ', `. '~, !PIN: '7226745791Q0000~--.. ~: ,~ ~ ~ ~ ~~ `j. 028 030 129 `t 5791 -- ~' 2 368 ~28 490--~ -~43 ~ 7 z9s ,~-~,q,~3 a 440 14~3~ 9 ~l '14415 ` q ~' t ,~ ~~ IMPOUNDMENT EASEMENT 9UA~;_jMp_1969'a~~ M ,~,. - - ----- - -- - ~ d1°~~ D 3' x 40' Boat Dock 0113 EICENSE AREA 6200 SWIFT CREEK RESERVOIR ~~~~ 7 9 000 4415 14500 9057 14610 f~%~~., tt"~°~~- CHESTERFIELD COUNTY ~~'~~ ~~ BOARD OF SUPERVISORS Page 1 of 1 ~`""~-~ AGENDA llHGl'~~~ Meeting Date: June 25, 2014 Item Number: 8.C.8.c. Subject: Request Permission to Construct a Gravel Driveway Within a Variable Width Unimproved County Right of Way Known as North Bailey Bridge Road County Administrator's Comments: County Administrator: Board Action Request Grant Alexander Rodriguez and Eva A. Almonte permission to construct a gravel driveway within a variable width unimproved county right of way known as North Bailey Bridge Road to access property at 11515 Genito Road, subject to the execution of a license agreement. Summary of Information: Alexander Rodriguez and Eva A. Almonte have requested permission to construct a gravel driveway within a variable width unimproved county right of way known as North Bailey Bridge Road to access property at 11515 Genito Road. This request has been reviewed by county staff, Comcast Cablevision and Verizon. Approval is recommended. District: Clover Hill Preparers John W. Harmon Title: Real Property Manager Attachments: Yes ~ No # ~`` ~.~, ii i~ ~ ~~ F~equest Permission t+~ Cctnatr~a~t a Gravel Driver~vay rn~itl7in a ~'ariat~le Width Unimproved County Right of Way Known as North Bailey Bridge Road /~ ~~ r ~-.~-~ r ~~ ~ ~ ! m r i ~ A ~~ „~.' LPG Bd~4 ~,r ~' ,~ r/ ~ off ,f r r`` ~,~ / r'f ~. A~PtGEF~h~''E `~ / ~.--` ,~ ~ ~ ~~~~ ~ ~ +~ { ,area to be Licensed ~ ` ~ 1 ! ~_ ~ _~-- ~, ~ ~- ~ ~ ~ .~ ~-- ~ _ ~ --~ ~. Chest~fir~ld GauRty Depsrtmrent of t~tilit're, Vry.,~K-r~~_ _. ~ 1~_, Y~ c 1 } -w:b b.6'7 feeC t..~ '.~. CHESTERFIELD COUNTY DEPARTMENT OF UTILITIES - oro zerx sea oo+ 11517 3530 war :sae 11619 aa4 use cox a+se 3511 ous 3540 3521 ras 3550 oaa ~ ,fib eui p9 3531 +sxr 11710 ? ~e d as rur sara 11511 snr nxe 3541 11501 e+m 3560 f 51&11 aas mr xzsT erio 3551 r 3570 ~ ~ Rp oee ?~ ama ... 3561 oa+ cQ rws oaax 3640 11515 ~r aoT 3511 oaz - arv+ 3610 om rur 11515 GenitO Rd 11532 Hunt SVeet Rd 3801 7416837895 7426632877 Alecander Rodriguez and EVa AlrtgrKe ~ BOWLAMERICA INCORPORATED oor fiat 14.373ac e~ 08:10557 PG:639 09:7732 PG:1477 36211 ee uex 3b31 erw 11532 i Area to be licensed 820'+!- by 15' reu rus 3620 11530 ra reu 5 3801 ars 3830 m~ E~ of Exlstkg Pavement '~ ,gyp S eale ~51P~E(P9 3651 xtaa ~i ) ~~ mA ~~ ~ 11503 11x401 5(PE~ ta~'~ aaw 11730 1 1 d nn 11629 aaae eoro 11501 11701 esea R 11711 VAR. v ~ 3911 11531 +us ~ wr 3900 ~ 11519 W o+2 11749 ~ 42~ Chestefield County Department of Utilities J~ Right Of Way Office ,~''` °~ `% J',i, ~ ~~ N :'^,~~.~.. 1 Inch =207.5 feet `.~ ,~'~ /~~~R~'E`°~~~,~~ CHESTERFIELD COUNTY `''~'' ~) BOARD OF SUPERVISORS Pa e 1 of 1 =~k~,.~~ AGENDA Meeting Date: June 25, 2014 Item Number: 8.C.8.d. Subiect: Request Permission for a Proposed Fence to Encroach Within a Sixteen-Foot Drainage Easement and an Eight-Foot Easement Across Lot 31, Prescotts Level Section 1 at Foxcreek County Administrator's Comments: County Administrator: Board Action Grant David A. Winfield and Danielle L. Winfield permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 31, Prescotts Level Section 1 at Foxcreek, subject to the execution of a license agreement. Summary of Information: David A. Winfield and Danielle L. Winfield have requested permission for a proposed fence to encroach within a 16' drainage easement and an 8' easement across Lot 31, Prescotts Level Section 1 at Foxcreek. This request has been reviewed by Utilities, Environmental Engineering, Comcast Cablevision and Verizon. The existing Swale and drainage pipe will not be affected. Approval is recommended. District: Matoaca Preparers John W. Harmon Title: Real Property Manager Attachments: ®Yes ~ No # `.. ~,~. `I I I IT'S ~ IET H Request F"~rrnissian for a Proposed Fence to Ert~roaGl7'srvitl7in a sixteen Foot C~rainage Eaisement and an Eight Foot Easement Aoross Lot ~1, Prescatts Level section ~ at Foxcreek _T s ~T , ,J„~' ~ \ T '~ ~ ~ f ~= ~~ ~" I ~~, RECaUEST PERh~15Slf~lSd Fa P. `~ 1~~ r~P~a PaSED FENCE ,, ~ . [~ SE~E~ L~1 _____.Y,e~, T- ,~,, ,,~~ AYN R H CCU E T L ~~ `` ~~',~,f` '~.,, ELL P~fV`~" ~T ~~, ,T~ '~~ . HEATHLIFF cT ,~` ~ , r~r~5. L I LT I h1 B F~AY~ V"U'A"`~ T T ''` ~ ~`~ ~. ''~YLI~EI~S ~H~t 4 -. ~ ~ ~ T ---___ ~ ~ ~. PREt~TTS LE L ~`~- ~`~ ~ 1~. HId~E~I ~EC3E C ~ ~'~'~~'`TT`~ 1 . A,R f~ I ~ TE-"T .1' ~~ w ~~ ~ T ~ .~ k~ ~ ti4 4 ~~ ~ Chesterfield County Department of Utilities 1 ~'v1~ YJ~ ^,,~ "~ ~'~~~,,, " ~ 7 I114Y-lib ~~i R?t ~ (~~, A"1 ,- a "'a "'""Cr OWNER: AU/N S7REET HOMES NOTE: TNfS PROPERTY APPEARS rQ BE LOCATED f3.8 ~ 9 \ 7Q i !N .ZONE 'X' AS SGtLED FROM FLC}OD INSURANCE RATE' MAP 51041 C0115D. +GPlN: 7i i-672-4A75OOO00 EFFEC7IYE DATE: i\ 1 &- i2 ~,,. ~ ~ 35 ~"~ ;PROPERTY ADDRESS: ~ / #18D1s NIDt)EN SSE COURT r~, ~ ,,~ ~ E4s op,~ 34 \/ 8/~ ~ ~ Fig .~ ~ ~' THIS SURVEY NA5 BEEN. PREPARED ~~ ~ ~ ~ 3 ti ~ WITHOUT THE BENEFIT OF A TIRE ~ ~ ~ ~ REPORT AND rNEREFORE DOES ~ ~ `RODS" ~ ~ ~ B / NOT NECESSARILY iNDtCAT1r ALL ~ Ste. ~9;i.~~ ~'~ ENCUMBRANCES ON THE PROPERTY. ~~~, ~ ~ NOTE: UNDERGROUND eno , ~ 6~ ~ ~ U71L1T7E5. ~~ a o FENCE -LICENSE AREA / ~~ ~ 31 } ~ / ~i / ~ 15,029 5 F. u} j,y~~~~ ~~YI /'`0 ~// ~ i lv ~ I 30 /~ r9 IlO. ~ ~~ ~'~;' ~ TWO STC?RY I 32 / / BRJCK AND VINYL I / ~ ' • 10OX SOS PLC E I ~ 0.7 / // ~tsPtc~.T / DRIVE / ~ wALx ., . / / .' ~ ~ YERIXON / VAULT ^ ~ / °- °- David A. WinfiE • aD _ c,_, s__e~54~~ s4.5s~ . panielle L. Win ' FD. Rs•347.53 •• ROD '''"""` N88' 13 2 i • ": sEr . ~~„~,,..• • •.1fi018 Hidden rss.45' ro THE ~ ~ HIDDEN SEDGE ~ ASPw DB. 10443 PG.1 E/L OF FrELarAN ~^+ TRA!!., EXTENDED CQURT ~"i'i' R/14'} PIN: 711fi7248' PLAT SNOWING IMPROVEMENTS ON LOT 31, PLAN OF '~RESCOTTS LEVEL ; SECTION "7 ", AT FOXCREEK, JN THE MATOACA DJSTRJCT OF CHESTERFIELD COUNTY, i/IRGJNG4. ~~yxs o~ b o~ j~~ 3o a 30 so so r 3. Sate: 1 ° ~ ,~~~ . RICHARD T. MINTER tic. Na. 1406 Thin k to catttty thet on DEC. JT, 2f1113 , t rnatla an ooe.xata FAId Survey of tt» pnmtaat ^horrrf tanw~ thet att knpro~+rrtw+b end aoaarnanta tafowm or v{albM an f j;~4'fi i3 atwwn tuason; !trot thwa on ne ancreootxnante by 1tr anhar from odjdnteq prxnhar a from wbjact prxntrq open odleiekq pramlaas, other than as aKewn turaon. jf~ t°"'~~Q* parrs, x~r~t ~a ~ssac~t~.s, p.e. BnBittr.srR, Land SS~rrverorr, bend Flnnnartr Dora: 12-17-13 3b'20 Courthousra Road ~• 1,^SQ~ Rtoltmond, YirBinta ?9298 ara~ RTN (804) 746--2B7B .+.J+. 1108-04 ~Id field edge Ct ~S X500000 ~~~ CHESTERFIELD COUNTY '- BOARD OF SUPERVISORS Page 1 of 1 ~``'~ f I AGENDA tI{9 6,R~ Meeting Date: June 25, 2014 Item Number: 8.C.9. Subject: Request to Quitclaim Portions of a Variable Width Temporary Turnaround Easement, a Variable Width Drainage Easement (Public), a Sixteen-Foot Sewer Easement and a Variable Width Sewer and Water Easement Across the Property of Element at Stonebridge, LLC County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a variable width temporary turnaround easement, a variable width drainage easement (Public), a 16' sewer easement and a variable width sewer and water easement across the property of Element at Stonebridge, LLC. Summary of Information: Element at Stonebridge, LLC has requested the vacation of portions of a variable width temporary turnaround easement, a variable width drainage easement (Public), a 16' sewer easement and a variable width sewer and water easement across its property as shown on the attached plat. This request has been reviewed by county staff and the Site Plan Team. New easements will be dedicated. Approval is recommended. District: Midlothian Preparers John W. Harmon Title: Real Propert~Manager Attachments: Yes ~ No # - . ~, ~-,, --, ~• ~~: ~_ ~ ~. iii~° ~~T F~aquast to C}uit~laim Portions of a Variable Width Temporary Turnaround Easement, a Variable Width Drainage Easement (Public, a sixteen Foot Viewer Easement and a Variable Width Viewer and Water Easement Across tl~e Property of Element at Stonebridge, LLD Chest~fi~ld ~~unfiy Detaawtnne~t ref IJtiliti~s ,~ ~ ?z, 1 ~ W' "'~` S 1 p.~c?t -~+5 x.5'7 'leek ~o I I ~~ I I ~~ ! I fB 0~ ~~~9 $~rva ~~;„ a vrvj~p ~ l ~l a„ ~-- .._.. .. _.._•~__~t•.___ Z~ ) 1 1 I\I -- i I ---~I! l r ~~ i ~ I ~ ~ I ~ ~ ~ w°2~ t V ~ ~~ ~ J _ ~Um ~ ' I $R ' I ~~ ~ ~~ ~ I ian ss n~ coa sae >ec ^- r3>c ec (L8931/IOL) 3Nb7 M3/~12/y1S U ~a~~ ~~~a~ _~ > aRm ~8ff° I~~ ~~ II I I$R ~ II ( rya I ~$$ ~ i I I I ~..~ on 'I i I "Q 'I\ I ~~ k~ l -mow- - ~« I i ~ ~~~ ~~ ~ I: I ~ -~- 8 - --' -~ ~ e ~30 _ 0 I vI I ~ g~ ~ ~ ~ ~ ~ ~~ o ~ ~~~ ~~/ ~~~ S~~G =a ~~ ~~~ ~~ ~ ~~ $~ ':I r I mn e ~ ~ Y~ I ~^~~ a Y \ ` 'I I ~ ~~ ~~ ~'~''~ rQ ~~ ~~ o'3r ~ \ ~$n ~ ~..~ ~ ~ n am ~ $~ ~ ~, ~~ I E 9~E$ 7 I ~w ~ Hll ~ _ 7 I i-- ~ ~ _ L N I ~ _ ~ I ~ 'Y~ aras ______ -- Ec tl.~ ~ ______ ce cs ~ n ~ --- - --- _,~_-~ ... i e>r~=c-a . „a?ra-~ 3/7N3~tY p'Z!?d 3°JOl?IB3NOIS _________________ -- - , ~ ' I __ "~) ~_____ -- ~ r ~ -----'---- -- ,~---------- --- ------- -t--1--- r . ~ w .. I . -~ ~ I I '_:I ~ ,' I I ~ I I s,, x i ~ o I ~ , LJ sza f d 03 'S.^. za z~ic :; s:. ,f o.ra sae J ~ Z AlkJ..N_rPH LN3i ~d[Z.30 J)YiJN0.^3 ~ ~O Z Z U W J ~ _ g m Z w ~ ~ .r - ¢NQv O f- ~ W W o N z '- Z W W W j ~ l _ ~ O : ~ ^ ~ NQ 3 W ~ W Z~ r Q ~ 1- I - Wc~S,~ _ C7 ~ ~ ~ S Op ° og Q Dot 1._, , Y o~ W z az ~ ~¢ aaw' ¢m ~ ~ ' F a W O=Nwz w z c i ~^ : Ws N z~~m ~a~~ 4 o . pow i n. S¢rmo¢~ O . - F-o~e - ~ n- x x o F- ~~ w M ~o0 3 w' 33 J ~ J J ~ ~JQW t~ ~ ~ o: o: > U N ~ V a : a =,`a U onm' n~$o s~~' m ~ N ~] ~Z Z ~w a~ ~a ~~ 0 U ~1N IA ~~¢ ~O N o ~ x ~ ~ ~ ~~ ~J 3' ° ~~?h~~ ~ n n 0 ~,N CHESTERFIELD COUNTY ~'w~~`k ~ BOARD OF SUPERVISORS Page 1 of 1 ~~~~ ~:~ „<9 ~ AGENDA ~RCIN~~ Meeting Date: June 25, 2014 Item Number: s.C.10. Subject: Approval of the Purchase of a Parcel of Land for Fire and Emergency Medical Services Station 25 County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of a parcel of land containing 5.7 acres, more or less, with improvements, for $575,000, from Carol W. Berger for Fire and EMS Station 25, and authorize the County Administrator to execute the sales contract and deed and appoint James Fitch, Assistant Chief, Fire and EMS, as the Board's Agent for the conditional use application. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of a parcel of land containing 5.7 acres, more or less, with improvements, PIN: 708674062300000, 6600 Otterdale Road, for $575,000, plus closing costs which are estimated to be $8,000, from Carol W. Berger, for Fire and EMS Station 25. This property has been through the site selection process and identified as the best site for the station. An appraisal of the property was completed in September 2013. The contract is subject to acceptable title, Phase I ESA and obtaining the necessary approvals to use the property as a fire station site. Funds are available. Approval is recommended. District: Matoaca Preparer: John W. Harmon Title: Real Property Manager Preparer: Allan Carmody Attachments: ®Yes Title: Director of Budget and Management No # L~,-~- ~. iii ~ ~c~r Fare ~r~ ~ ~"~~tic~c ~~ ~~~ ~~ ? ~ `' ~ ~ ~~I.~ .- `~ ` ~~pr+~~r~l C3~ ~~ ~ur~ha~~ ~~ ~~~ `~, ''~~ ~ ~' F'ar~l ~~ L~r~~ 1~~r T~, ~, ~ ~ ~ '~ ,~ ~ ~ Fire end ~~ atic~n 25 ' ~ r ff 1r""~ fir ~ ~ itx' f f p ~'~ ~ ~ay'SR,~ ~ ~ , r k^ ~ "aryl, ~ 8 1 "~*~,. '4. IRS S~Ti ~V2 d MiAILf~ 'aa ~E."' ~,~"~ ~ G7 '„~ ,.~ ~}` Cr+~ ,~- ~ 'tfy S.ILILI1~Ifi161;EJ~lC.1}i Wl~*d If 4't 7. k2~3~13YP~tiF~~11W+4Y „- 4..AV~V~i Lt~1 ~ "'--.__ ~t 'G11 ~3. "ffA-IIS'[t_~iE#~f iAiEW*J"'S `---~ ~ 8. t~Q~'81LC xa: ~ ~ ~t~ ~ ~p -~~ 1,'U. S~-i{7Tt.1~F2dJ ~ r u~°7'~~'9R ~ ~~ g3~,~ '+, '13.IFP~C'EFLYGYh2 ~ ~ ~ ~ SILK IN4A~IIE T1E~ ~ ~.1~ ~~ ~~ ~~ ~~ '~1 5 ~ m./ ~~ C h~st~fi~l~ County Right afWay c~Fice WV E June~,2'Ot4 M '~' i ~~ -'~S T.'~'~~fl '^ ~ u ChF~terfi~ld Cauntyr Rigfirt af'NJay C]tfic~ ~~_ . "~- CHESTERFIELD COUNTY "~ BOARD OF SUPERVISORS Page 1 of 1 S ,s --Z AGENDA R Meeting Date: June 25, 2014 Item Number: 8.0.11. Subject: Acceptance of a Parcel of Land Along Ironbridge Road from Kroger Limited Partnership County Administrator's Comments: County Administrator: Board Accept the conveyance of a parcel of land containing 0.410 acres along Ironbridge Road from Kroger Limited Partnership, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. Approval is recommended. District: Dale Preparers John W. Harmon Title: Real Property Manager Attachments: ^ Yes ~ No # VICINITY SKETCH Acceptance of a Parcel of Land Along Ironbridge Road from Kroger Limited Partnership N Chestsfield County Department of Utilities w E s , ~ -~~.~,~t xej 0££S'658'Y08 ao~0 G8L£'0££'608 woo•6u)dan/ns9y'~M bll£l b'/1 'Puowyolb 9GOL allnS 'aaa~;S IInH ll9 ssauisngpa~ya~WaM538M/390 d HMb'~A8 03~~3H~ ~fW ~.t8 NMdaO aalA.las rfltpvnb ~suollstjos jn~tt.~lsu1 LO'l0£L21N ~# 80f L to l ~133HS OOL 3~V~S 4L/SL/S ~31b'O IA ~- _ ,~ 77 `~uldd~y~ pug ~u1~ia~ns • i oos ooa ooL ,o \ \\ j \\ \ \\\ ~ W 3 W 3 \ o ~~ i ui z nvoa aavnN33aD cross \ \ ' HoanHO isrooral3rv o~lwn ,~ \ \ ~ _ < w d o ~ w d, a ~ w Q w m z ¢ son6-oss-a[/gNrv~irwa~ \ \\\ ~o~~ Joao ~~a" `) \\ 1 z~"m zg~~ zW~~ W \ \\ aWmp a-+mp ammo O 0 ~ ~ d \ \ clmoz owoz Uuoz ~ ~ 1i. 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"' ml l - - - W ~~o '~a: i~i J __ __ -- - ~- CDURT YARD ROAD ~ H ' W' ~ ; 3 ~ 3 ARIABLE WIDTH RI W) -.~--- ~ ~ ~ ~ w z ~ o „z, o _ - - ~B. 4877-956 `~ ~ uwi o `? ~ W ~ W -- D.B. 5117-365 \2 ~u~a n~ ~rc~ M~F~t~J.o~~~ CHESTERFIELD COUNTY ~+h l;. BOARD OF SUPERVISORS ~~,`-f ,;~~,~, AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: s.C.12. Subject: Approval of Water and Sewer Contract for Hallsley, Section 10, Contract Number 13-0019 County Administrator's Comments: County Administrator: Staff recommends that the Board of Supervisors approve this revised contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the installation of 871 staff has requested to be oversized from 10" sewer line to be oversized from 10" to 21". ordinance, the Developer is entitled to refunds of the oversized improvements. L.F.± of sewer line that to 30" and 3,099 L.F.± of In accordance with the for the construction cost Developer: East West - Hallsley, LLC Contractor: RDS Utilities, L.C. Location: South of Brightwalton Road and Brightwalton Court Contract Amount: Estimated County Cost for Oversizing .................$109,117.00 Estimated Developer Cost .............................$369,400.00 Estimated Total ......................................$478,517.00 District: Midlothian Preparer: Roy E. Covington, P.E. Preparer: Allan Carmody Attachments: Yes ~ No Title: Director of Utilities Title: Director of Budget & Management VICENITY SKETCH HAL.L.SLEY, SECTION 10 COUNTY PROJECT # 13-0419 N Chesterfield Caunty uF~F„r. Department of Utilities ~ ~,~ „~~ ~~/kftVl~ l ~` ~. r-, '~ ~~ ~ K~ ... _.r..?, rm. ~`~~ CHESTERFIELD COUNTY 1709 ~_2 BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: June 25, 2014 Item Number: 8.0.13. Subject: Approval of Performance Agreement and First Amendment to Performance Agreement Between the County, the Economic Development Authority, and Evonik Goldschmidt Corporation iministrator's Com County Administrator: The Board is requested to approve the attached Performance Agreement and First Amendment between the County, the Economic Development Authority, and Evonik Goldschmidt Corporation, as well as transfer and appropriate the associated grant funding. Summary of Information: Evonik Goldschmidt Corporation, a leading specialty chemicals company, plans to purchase, improve and equip a research and innovation center in Chesterfield County. Chesterfield County successfully competed with New Jersey and Indiana for this project. when complete, the expansion will result in capital investments in land, buildings, machinery, and/or equipment of approximately $9 million and the creation and maintenance of at least fifty (50) new full-time jobs in the County. In order to encourage the company to bring its research and development functions to Chesterfield County, the State and County Economic Development staff negotiated a Grant Performance Agreement with Evonik. The company will receive a $500,000 grant from the Governor's Opportunity Fund ("GOF"), which requires a local match. The County will meet the local match requirement by awarding $66,000 to the company through the Economic Development Authority ("EDA"). In exchange for the grant funds, Evonik must make a capital investment of at least $9 million by December 31, 2018. The attached Grant Performance Agreement provides that the company must refund the grant if it fails to meet this deadline; the First Amendment changes the date that the County must request the grant funds from the GOF from February 28, 2014 to June 30, 2014. Preparer: E. Wilson Davis, Jr. Title: Director of Economic Development Preparer: Allan M. Carmody Title: Director of Budget and Management Attachments: ^ Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Staff recommends that the Board approve the attached Grant Performance Agreement and First Amendment, and appropriate and transfer the associated grant funding to the EDA to be used as an inducement grant to Evonik Goldschmidt Corporation pursuant to the terms of the Agreement and First Amendment. GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND GRANT PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (the "Agreement") made and entered this day of January, 2014, by and among the COUNTY OF CHESTERFIELD, VIRGINIA (the "Locality") a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), EVONIK GOLDSCHMIDT CORPORATION (the "Company"), a Delaware corporation authorized to transact business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD (the "Authority"),apolitical subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $500,000 from the Governor's Development Opportunity Fund (a "GOF Grant") through the Virginia Economic Development Partnership Authority ("VEDP") for the purpose of inducing the Company to purchase, improve and equip a research and innovation center in the Locality (the "Facility"), thereby making or causing to be made a significant Capital Investment, as hereinafter defined, and creating and maintaining a significant number of New Jobs, as hereinafter defined; WHEREAS, the Locality wishes to make a grant of $66,000 from the Chesterfield Opportunity Fund (a "COF Grant") for the purpose of inducing the Company to bring its research and development functions to the Facility, thereby making or causing to be made a significant Capital Investment, and creating and maintaining a significant number of New Jobs; WHEREAS, the Locality is willing to provide the funds from the GOF Grant and the COF Grant (together, the "Grants") to the Authority with the expectation that the Authority will provide the funds to or for the use of the Company, provided that the Company has committed to meet certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality, the Authority and the Company desire to set forth their understanding and agreement as to the payout of the Grants, the use of the proceeds of the Grants, the obligations of the Company regarding Capital Investment and New Job creation, and the repayment by the Company of all or part of the Grants under certain circumstances; WHEREAS, the improvement and operation of the Facility will entail a capital expenditure of approximately $9,000,000, of which approximately $1,500,000 will be invested in machinery and equipment, and approximately $'7,500,000 will be invested in improvements to the Facility's real property; WHEREAS, the improvement and operation of the Facility will further entail the creation and maintenance of 50 New Jobs at the Facility; and -~ . ~, Evonik GOF Performance Agreement 123013 WHEREAS, the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the Grants: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by or on behalf of the Company on or after October 1, 2013 in real property, personal property, or both, at the Facility, excluding the purchase of land and existing real property improvements, but including costs relating to the design, construction, outfitting, and equipping of upgrades to the Facility and all related improvements and subsequent upgrades and improvements thereto. "Maintain" means that the New Jobs created pursuant to the Grants will continue without interruption from the date of creation through the Performance Date. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the Company's employment levels (so long as there is active recruitment for open positions}, (ii) strikes and (iii) other temporary work stoppages. "New Job" means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits (including medical insurance) are provided by the Company for the employee and for which the Company pays an average annual wage of at least $98,400. Each New Job must require a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New Jobs. For purposes of this Agreement, the term "average annual wage" shall include all wages, salary, bonus, and other compensation and shall include regular pay, overtime pay, vacation pay, and holiday pay. The New Jobs must be in addition to 130 fuil- time positions paying an average annual wage of at least $98,400 expected to be moved to the Facility on or about January 1, 2015 from the Company's existing operations in the City of Hopewell, Virginia. "Performance Date" means December 31, 2018. The Performance Date may not be extended. t ~' ,^~ ,.,, .,, Evonik GOF Performance Agreement 123013 2 "Targets" means, as of the Performance Date, the Company's obligations to make or cause to be made Capital Investments at the Facility of at least $9,000,000 and to create and Maintain at least 50 New Jobs at the Facility. "Virginia Code" means the Code of Virginia of 1950, as amended. Section 2. Targets. As of the Performance Date, the Company will have improved and equipped and will be operating the Facility, and will have made or caused to be made a Capital Investment of at least $9,000,000. As of the Perfoi~nance Date, the Company will have created and will be Maintaining at least 50 New Jobs at the Facility. The Locality and the Authority hereby strongly encourage the Company to ensure that at least thirty percent (30%) of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code Section 58.1-302. In pertinent part, that definition includes natural persons domiciled in Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not. The average annual wage of the New Jobs of at least $98,400 is more than the prevailing average annual wage in the Locality of $43,586. The Locality is not ahigh-unemployment locality, with an unemployment rate for 2012, which is the last year for which such data is available, of 5.7% as compared to the 2012 statewide unemployment rate of 5.9%. The Locality is not ahigh-poverty locality, with a poverty rate for 2011, which is the last year for which such data is available, of 7.2% as compared to the 2011 statewide poverty rate of 11.6%. The Company has informed the City of Hopewell that 130 full-time jobs will be transferred to the Facility from the Company's existing facilities in the City of Hopewell. Section 3. Disbursement of Grants. (a) GOF G~^ant: By no later than February 28, 2014, the Locality will request the disbursement to it of the GOF Grant from the Virginia Economic Development Partnership (VEDP). If not so requested by the Locality by February 28, 2014, this Agreement will terminate. The Locality and the Company will be entitled to reapply for a GOF Grant thereafter, based upon the terms, conditions and availability of funds at that time. The GOF Grant in the amount of $500,000 will be paid to the Authority on behalf of the Locality, upon the request of the Locality. Within 30 days of its receipt of the GOF Grant proceeds, the Authority will disburse the GOF Grant proceeds to the Company as an inducement to the Company to achieve the Targets at the Facility. The Company will use the GOF Grant and the COF Grant proceeds to build-out and renovate the Facility, all as permitted by Section 2.2- 115(D) of the Virginia Code. Evonik GOF Performance Ajreement 123013 Notwithstanding anything in this Agreement to the contrary, neither the Locality nor the Authority will have any obligations to disburse GOF Grant proceeds under this Agreement until and unless this Agreement is approved by the Locality's Board of Supervisors and the Authority has received such funds from VEDP or the Locality, respectively. (b) COQ' Grant: The Locality shall make the COF Grant in the amount of $66,000 to the Authority at or about the same time that it requests the GOF Grant proceeds be disbursed to the Authority. Within 30 days of its receipt of the COF Grant proceeds, the Authority will disburse the COF Grant proceeds to the Company as an inducement to the Company to achieve the Targets at the Facility. Notwithstanding anything in this Agreement to the contrary, the Authority will have no obligation to disburse COF Grant proceeds under this Agreement until and unless it has have received such funds from the Locality. Section 4. Break-Even Point; State and Local Incentives. VEDP has estimated that the Commonwealth will reach its "break-even point" by the Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the GOF Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: Cate ory of Incentive: Total Amount GOF Grant $500,000 Virginia Jobs Investment Program ("VJIP") (Estimated) 100,000 The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Category of Incentive: Total Amount Personal Property Tax Rate Classification -Savings (Estimated) $327,600 Real Estate Property Tax Credits (Estimated) 252,225 COF Grant 66,000 The Governor of Virginia has waived the usual requirement that the Locality provide a 100% local match to the Company in at least the amount of the GOF Grant. The proceeds of the GOF Grant and COF Grant shall be used for the purposes described in Section 3. The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The personal property tax rate classification and the real estate property tax credits reflect cost savings to the Company. Nothing in this Agreement, including the foregoing, shall require the Company to segregate funds from any of the incentives provided and/or trace the use of particular funds to particular purposes. Evonik GOF Performance Agreement 123013 4 Section 5. Repayment Obii~ation. (a) If Statutory Minimum Eligibility Requirements are Not Met: Section 2.2-115 of the Virginia Code requires that the Company make or cause to be made a Capital Investment of at least $5,000,000 and create and Maintain at least 50 New Jobs in order to be eligible for the GOF Grant. Failure by the Company to meet either of these statutory minimum eligibility requirements by the Performance Date shall constitute a breach of this Agreement and the entire GOF Grant and COF Grant shall be repaid by the Company to the Authority. (b) GOF Grant.• If Statutory Minimum Eligibility Requirements are Met: The provisions of this subsection (b) shall be applicable only if the Company has met the statutory minimum eligibility requirements described in subsection (a). For purposes of repayment, the GOF Grant is to be allocated as $250,000 (50%) for the Company's Capital Investment Target and $250,000 (50%) for its New Jobs Target. If the Company has met at least 90% of its Capital Investment Target and 100% of its New Jobs Target at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the GOF Grant. If the Company has not met at least 90% of the Capital Investment Target, the Company shall repay to the Authority that part of the GOF Grant that is proportional to shortfall from the Capital Investment Target. For example, if at the Performance Date, the Capital Investment is only $5,400,000 and at least 50 New Jobs have been created and Maintained, the Company shall repay to the Authority 40% of the moneys allocated to the Capital Investment Target ($100,000). As noted in subsection (a), if the Company has failed to create and Maintain at least 50 New Jobs at the Performance Date, the entire GOF Grant ($500,000) must be repaid by the Company to the Authority. (c) COF Grant: If Statutory Minimum Requirements are Met: For purposes of repayment, the COF Grant is to be allocated as $66,000 (100%) for the Company's Capital Investment Target. If the Company has met at least ninety percent (90%) of the Capital Investment Target at the Performance Date, then and thereafter the Company is no longer obligated to repay any portion the COF Grant. If the Company has not met at least ninety percent (90%) of the Capital Investment Target, the Company shall repay to the Authority that part of the COF Grant that is proportional to the shortfall. For example, if at the Performance Date, the Capital Investment is only $5,400,000, the Company shall repay to the Authority forty percent (40%) of the COF Grant ($26,400). The provisions of this subsection assume that the statutory minimum requirements described in subsection (a) have been achieved. (d) Determination of Inability to Comply: If the Locality, the Authority or VEDP shall determine in good faith at any time prior to the Performance Date (a "Determination Date") that the Company is unable or unwilling to meet and Maintain its Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall have promptly notified the Company of such determination, the Company shall repay the entire GOF Grant to the Authority. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of the Facility by the Company or other similar significant event that objectively demonstrates that the Company will be unable or is unwilling to satisfy the Targets. ~~~~,~ Evonik GOF Performance Agreement 123013 5 (e) Repayment Dates: Any repayment shall be due from the Company to the Authority within ninety days of the Performance Date or the Determination Date, as applicable. Any moneys repaid by the Company to the Authority hereunder shall be repaid by the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for redeposit into the Governor's Development Opportunity Fund. The Locality and the Authority shall use their reasonable efforts to recover such funds, including legal action for breach of this Agreement. Neither the Locality nor the Authority shall have any responsibility for the repayment of any sums hereunder unless said sums have been received by the Locality or the Authority, respectively, from the Authority or the Company. In no event shall this Agreement require the Authority and the Locality to litigate against each other. (f) Force Majeure: Notwithstanding the foregoing, if the Company does not meet the Targets because of an "Event of Force Majeure" (as defined herein), the Performance Date will be extended day-for-day by the delay in meeting the Targets caused by the Event of Force Majeure. "Event of Force Majeure" means without limitation, any of the following: acts of God; strikes, lockouts or other industrial disturbances; act of public enemies; orders of any kind of the government of the United States of America or of the Commonwealth of Virginia or any of their respective departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accident to machinery, transmission pipes or canals not caused by the Company; partial or entire failure of utilities; or any other cause or event not reasonably within the control of the Company. Section 6. Company Reporting. The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting on April 1, 2015 and covering the period through the prior December 31, and at such other times as the Locality, the Authority or VEDP may reasonably require. With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate or business income tax. VEDP has represented to the Company that it considers such information to be confidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VEDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall effectiveness of economic development incentives. Section 7. Notices. Any notices required or permitted under this Agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee): ~., Evonik GOF Performance Agreement 123013 t ,~a '-~` -'6 ~'~ if to the Company, to: Evonik Goldschmidt Corporation 914 East Randolph Road Hopewell, Virginia 23860 Attention: Reinhold Brand, President if to the Locality, to: County of Chesterfield P.O. Box 40 Chesterfield, VA 23831 Attention: County Administrator if to the Authority, to: Economic Development Authority of the County of Chesterfield c/o Chesterfield County Department of Economic Development 9401 Courthouse Road Chesterfield, VA 23832 Attention: Chairman if to VEDP, to: Virginia Economic Development Partnership 901 East Byrd Street, 19t" Floor Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Attention: President and CEO Section 8. Dispute Resolution. with a copy to: Williams Mullen 200 South 10~' Street, Suite 1600 Richmond, Virginia 23219 Attention: Douglas M. Nabhan, Esquire with a copy to: Chesterfield County Department of Economic Development 9401 Courthouse Road, Suite B Chesterfield, VA 23832 Attention: Garrett Hart with a copy to: Hunton & Williams LLP 951 East Byrd Street Richmond, VA 23219 Attention: John D. O'Neill, Jr., Esquire with a copy to: Virginia Economic Development Partnership 901 East Byrd Street, 19t" Floor Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Attention: General Counsel In the event of any dispute, controversy or claim of any kind or nature arising under or in connection with this Agreement (including disputes as to the creation, validity, or interpretation of this Agreement) (a "Dispute"), then upon the written request of any party, each of the parties will appoint a designated senior executive whose task it will be to meet for the purpose of endeavoring to resolve the Dispute. The designated executives will meet as often as the parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue which the parties believe to be appropriate and germane in connection with its resolution. Such executives will discuss the Dispute and will negotiate in good faith in an effort to resolve the Dispute without the necessity of any formal proceeding relating thereto. The specific format for such discussions will be left to the discretion of the executives but may Evonik GOF Performance Agreement 123013 ~~' ~' ~ o.~ include the preparation of agreed upon statements of fact or written statements of position furnished to the other parties. No formal proceedings for the resolution of the Dispute may be commenced until the earlier to occur of (a) a good faith mutual conclusion by the executives that amicable resolution through continued negotiation of the matter in issue does not appear likely or (b) the 90th day after the initial request to negotiate the Dispute. If the resolution of the Dispute requires any party to take, or cause to be taken or to cease taking, some action, such party shall be provided a reasonable period of time, not to exceed ninety (90) days, to take, to cause, or to cease taking, such action. Section 9. Miscellaneous. (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the parties hereto as to the GOF Grant and COF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. Other than this Agreement and the GOF application letter, which has been provided by the Company and accepted by the Locality, the Company shall not be required to enter into any additional agreements or submit any additional application letters in order to receive the GOF Grant or the COF Grant. (b) Assignment.• This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality, the Authority and VEDP. Notwithstanding the preceding sentence, the Company shall have the right, without the consent of any party hereto or VEDP, to assign its rights and responsibilities under this Agreement to any entity that owns 100% of its issued and outstanding capital stock or any entity controlled by it, provided that (i) the Company shall remain liable for the performance by any such assignee of its obligations under this Agreement, (ii) the Company shall provide written notice of such assignment to the Locality, the Authority and VEDP, and (iii) such assignee shall assume all of the obligations of the Company under this Agreement. (c) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth without regard to its conflict of laws provisions. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the County of Chesterfield, and such litigation shall be brought only in such court. (d) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (e) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. (f) Attorney Fees: Attorney's fees shall be paid by the party incurring such fees. Evonik GOF Performance Agreement 123013 ~ ~.~,,,;;,~$; (g) IRC Section 118: The Company intends that the GOF Grant will qualify under Section 118 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations under that Section, and were granted as an inducement for the Company to improve and equip the Facility within the Commonwealth and the Locality and were not in exchange for any goods or services. The Locality and the Authority have offered the local incentives described in this Agreement to induce the Company to improve and equip its research and innovation operations in the Locality, and in the Commonwealth. (h) Confidentiality: Each party agrees to keep confidential the matters contained in this Agreement, except as may be required by applicable law, including the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq., as the same may be amended from time to time, until a public announcement of the Company's decision to establish its research and innovation operations in the Locality and the Commonwealth is made by agreement of the parties at the agreed time, manner, and place. (i) Representatives Not Individually Liable: No member, trustee, officer, official, representative, employee, director, or partner or their respective successors or assigns of any party hereto shall be personally liable in the event of any default or breach of any obligation under the terms of this Agreement. (j) Non-Waiver: No party hereto shall be deemed to have waived the exercise of any right hereunder unless such waiver is made expressly and in writing, and no such waiver of any such right in any one instance shall be deemed a waiver as to any other instance of any other right. (k) Headings: The headings in this Agreement are for purposes of convenience only and shall not modify or enlarge the interpretation of the text of this Agreement. The words "herein,'' "hereof," and "hereunder" and other words of similar import shall refer to this Agreement as a whole and not to a particular Article, Section, Subsection, or Paragraph. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. (1) No Partnership: This Agreement does not and shall not be construed to create a partnership, joint venture, or any other relationship between or among the parties hereto except the relationship specifically established hereby. (m) Days: If any action is required to be performed, or if any notice, consent or other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the jurisdiction in which the action is required to be performed or in which is located the intended recipient of such notice, consent or other communication, such performance shall be deemed to be required, and such notice, consent or other communication shall be deemed to be given, on the first business day following such Saturday, Sunday or legal holiday. Unless otherwise specified herein, all references herein to a "day'' or "days" shall refer to calendar days and not business days. ~~,. Evonik GOF Performance Agreement 123013 ~, `" `"~ ~ §~ IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. Evonik GOF Performance Agreement 123013 COUNTY OF CHESTERFIELD, VIRGINIA By Name: Title: Date: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By Name: Title: Date: EVONIK GOLDSCHMIDT CORPORATION By Name Title: Date: Reinhold Brand President And By: _ Name: Title: Date: Diane Pominski Chief Financial Officer -~„-,,~ ~---s~ 10 GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND GRANT FIRST AMENDMENT TO PERFORMANCE AGREEMENT This FIRST AMENDMENT TO PERFORMANCE AGREEMENT made and entered this 9TH day of June 2014 (the "First Amendment"), amending the PERFORMANCE AGREEMENT dated January 31, 2014 ("GOF Performance Agreement"), by and among the COUNTY OF CHESTERFIELD, VIRGINIA (the "Locality"),apolitical subdivision of the Commonwealth of Virginia (the "Commonwealth"), EVONIK CORPORATION (the "Company"), an Alabama corporation authorized to transact business in the Commonwealth, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD (the "Authority"),apolitical subdivision of the Commonwealth. WITNESSETH: WHEREAS, the Locality was awarded a grant of and expects to receive $500,000 from the Governor's Development Opportunity Fund ("GOF Grant") for the benefit of the Company; WHEREAS, the GOF Performance Agreement sets forth the understanding and agreement among the Locality, the Authority and the Company (together, the "Parties") and the terms and conditions for the disbursement of the GOF Grant proceeds; WHEREAS, the request for the disbursement of the GOF Grant proceeds was unable to be submitted by the date in the GOF Performance Agreement; and WHEREAS, the Parties desire to extend the date by which the request for the disbursement of the GOF Grant proceeds must be submitted and keep the GOF Performance Agreement in full force and effect: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the Parties to this First Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. 1. The date "February 28, 2014," appearing on page three in the first paragraph of Section 3(a) of the GOF Performance Agreement, is replaced by "June 30, 2014." 2. By no later than June 30, 2014, the Locality will request the disbursement to it of the GOF Grant from the Virginia Economic Development Partnership ("VEDP"). 3. All other provisions of the GOF Performance Agreement remain in full force and effect. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] L;vonik First Amendment to Performance Agreement 060914 _ ~,;: .. _w ~ C_J IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Performance Agreement as of the date first written above. COUNTY OF CHESTERFIELD, VIRGINIA By Date: Name: Title: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By Name: Title: Date: EVONIK CORPORATION By Date: Name: Title: And by Name: Title: Date: I3~ronik First Amendment to Performance i~greement 060914 } - . ~„ 4µFIFl.D cr ,~ `_~ ~,} t IRfl'.~la CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 8.C.14. Subject: Approval of the Fifth Amendment to the Purchase and Sale Agreement for the Cloverleaf Mall Property County Administrator's Comments: County Administrator: Board Action Regues ed: The Board is requested to approve the Fifth Amendment to the Amended and Restated Purchase and Sale Agreement with Stonebridge Realty Holdings, LLC. Summary of Information: The Board, the Economic Development Authority, and Stonebridge Realty Holdings, LLC are parties to a contract for Stonebridge for the purchase of the 83-acre Cloverleaf Mall site ("Property") in several phases. A graphic of the Property identifying each parcel is attached. On October 1, 2011, Stonebridge purchased Parcel 1 where the largest Kroger in the Mid-Atlantic region was constructed and now operates. Last summer, Parcel 2 was purchased and Boyd Homes will soon begin constructing multi-family housing on that parcel and anticipates completion later this year. To date, Stonebridge has purchased over half of the 83 acre Property. The current terms of the parties' agreement provide that Stonebridge would purchase Parcel 3 by October 1, 2014, and that Parcel 4 would be purchased by October 1, 2016. Parcel 3 is intended to be developed with commercial uses such as "junior anchor" retailers and other shops. Stonebridge is requesting that it be allowed to extend its purchase time frame for Parcel 3 because it Preparers Allan Carmody Title: Director of Budget & Management 2723:91992.1(91893.1) Attachments: ^ Yes ~ No ~' ~~<~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA anticipates better economic conditions on the Property when the multi-family housing is fully constructed and substantially leased. The Fifth Amendment gives Stonebridge a twelve month extension to purchase Parcel 3 (until October 1, 2015) and also vests the county administrator with the discretion to agree to another twelve month extension, until October 1, 2016. Under the terms of the Fifth Amendment, the agreement to extend the purchase time frame to October 1, 2016, could occur without requiring action by the Board or the EDA. Under the terms of the purchase agreement, Stonebridge is obligated, at the time that it purchases Parcel 3, to pay the interest that has accrued on that portion of the purchase price associated with Parcel 3; accordingly, the county will be reimbursed by Stonebridge for the additional interest costs that will accrue due to the extension of the purchase time frame. Both the EDA and Stonebridge have already approved and executed the Fifth Amendment, subject to the Board's approval of it. ~~ ,. _ _ , ;~. FIFTH AMENDMENT TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT This Fifth Amendment to Amended and Restated Purchase and Sale Agreement is made as of March _, 2014, by and between the Economic Development Authority of the County of Chesterfield, a political subdivision of the Commonwealth of Virginia (hereinafter "Owner")> Stonebridge Realty Holdings LLC, a limited liability company existing under the laws of the State of Delaware, as successor in interest to Crosland Investments, LLC, and Crosland Stonebridge, LLC (hereinafter "Purchaser"), and the County of Chesterfield, apolitical subdivision of the Commonwealth of Virginia (hereinafter "County"). WHEREAS, on June 26, 2008, Owner, Crosland Investments, LLC, and County entered into an Amended and Restated Purchase and Sale Agreement. as amended by that certain First Amendment to Amended and Restated Purchase and Sale Agreement dated December 23, 2009, and as amended by that certain Second Amendment to Amended and Restated Purchase and Sale Agreement dated August 25, 2010, and as amended by that certain Third Amendment to Amended and Restated Purchase and Sale Agreement dated June I5, 2011, and as amended by that certain Fourth Amendment to Amended and Restated Purchase and Sale Agreement dated October 1, 2011 {as amended, the "Amended Purchase Agreement") pursuant to which Owner agreed to sell and Purchaser agreed to buy an approximately 83 acre site known as Cloverleaf Mall (the "Property"); and WHEREAS, Crosland Investments, LLC assigned the Amended Purchase Agreement to Crosland Stonebridge, LLC, pursuant to that certain Assignment of Amended and Restated Purchase and Sale Agreement dated January 14, 2009: and ~t~~~ . WHEREAS, Crosland Stonebridge, LLC assigned the Amended Purchase Agreement to Purchaser pursuant to that certain Assignment of Amended and Restated Purchase and Sale Agreement dated January 7, 2011; and WHEREAS, Owner, Purchaser and County wish to modify the Amended Purchase Agreement as follows: Delete Section S.c and replace with the fallowing: "c. Purchaser may elect to purchase Parcel 3 any time up to and including October 1, 2015. In addition, the parties want to have the option to extend the time frame for the purchase of Parcel 3 by an additional twelve (12) months, if such extension is mutually agreeable. If purchaser wishes to exercise this option, it shall provide the County with notice of its election to exercise the option in writing on ar before June 1, 2015 and the County Administrator shall. be vested with the discretion to decide whether or not to agree to the extension and, if necessary, to execute any documents to effect the extension. Through their agreement to this Fifth Amendment to the Agreement, the Chesterfield County Board of Supervisors and the Owner hereby agree to be bound by the decision of the County Administrator with respect to the potential extension of time for the purchase of Parcel 3. Purchaser is obligated to purchase the entire parcel, but may complete its acquisition through two Phased Closings so long as both Closings occur within the time frame stated herein." Except as expressly amended herein, the provisions of the Amended and Restated Purchase Agreement are hereby ratified and reconfirmed and shall remain in fiill force and effect in all respects. This Fifth Amendment to Amended and Restated Purchase and Sale Agreement shall be construed and governed by the applicable laws of the Commonwealth of Virginia. [Endorsements appear on the following page] 2723:91843.1 STONEBRIDGE REALTY HOLDINGS LLC By: C4 Stonebridge, LLC, a North Carolina limited liability company, its Manager By: ....-.... c~~-~-------' Name: ~s,,,.~..~.5 ~.+ ~a,,, ~JS.___ Title: ~, ~ ~ !~~-ti ~,~ _...r-- Approved as to form: COUNTY OF CHESTERFIELD, VIRGINIA Assistant County Attorney 2723:91893.1 By: Name: Title: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD By: Name: Title: '"1 3 , ,,~, ~- STONEBRIDGE REALTY HOLDINGS LLC Approved as to form: ~~-- Assistant County Attorney 2723:91893.1 By: C4 Stonebridae, LLC, a North Carolina limited Liability company, its Manager BV: Name: Title: COUNTY OF CHESTERFIELD, VIRGINIA By: Name: Title: ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD Title. `~ '~ By. l.L~`~~ L~-u ~-fi f Name: ~ ~~ j I ) / ~} Vet- - ~I~Jii~-~~; i/ 4 5 -' i i ~^~ 1 C ~ 1i ~4 ~i \'~~ ~~ L Y' ' ~. _ <~. _ _ ~ l ,.»- s ~ ~. ~,..- ,~ F ~,~ ~~ ~w s , lr-rV ~ t - ~ ;ems "° h, ~„ `~\ ~ a '~ ._* '"~"~ ~ "'~ ~ 4. ~, ,~' ~ ~- t, , ~ ~ ',~~ ~y t i ~ ,:, ~, - l ..-„ r f--- ~~~ -~ - - - ~ r, i -~ - - ~~~ ~ `~ ~ ~' ~ ,r ~ - ~ 9 ~~ ~ ,. ~ ~„ w 1~ ~ ti ' •-~` ~ 3 ,~ ~ a.. ~ ~. -_ s 4 ~' ~ ~ r~-;~e r~ s ~ - y' ~„ ,' '° -- d4 - .y ~ ~ -'~` ~ ~ ~ ,. a ,~ ~~, - ' ~ ~L V y ~r.-u' ~{ r4 ~"' ~ m~ "~ ~ r ~~ t .. ~ .. ~ ~. ~r ' y ~:~~.~ ~ o ~~ , ~ ; r ~~ ' ~ ~ , ~il z ~,~c~ ~ ~ , ~ +. ,. ~ -~ .., 1 ~a ' ~~ ~ h.. ~ ~ I ~ ly ~ ~ j ~ ~ ~- ~- ~ ~ ~ -~ _~. a d. ~; ,, ~ ~~~~~.1 ~ ~ < 1~ ~ ~ c ~~ V 1 1~ ,~ ~~~ ~ 1 i ~ ~ h~ ~ - ~i~ ~;.o+cxiaa ~y ~~q ~~ ~, ,~ ~ ~,~ ~_ ~ ~ _ a _~_ ;~-- _ ~~--~ ~ . M ~-~ r _. ~ ~W r - . .. __ ~ - x~rr 7 er ~ o r~ ~ ~ , ~ ~ ~~ 1 1( ~ r ` k 4 t f Il ( ~ ~~ _. .._..__.. _.._.._..~_ ~~ ...... r ,...__......__ _._..._ _.._........_ ~ inn ns ou _._-, I i r~mrunar+yk ~j ~ ~ ~~nR~ --Ti _ `j T -- 3 ( ~ .. - ....-'- ~ ,---, ~ ~ ~ ~;; cz ,~ ~ ...~ 1 ...~' M /'"` °~- ~ Ii e 5 ` ~ {l .. ,~ . ._ .,,. -v .. ~.;. 1,41 .. ~ L F ,.._. - _ ~A"" ~~R .w~ cy ~` ~•. 1949 hRCIN~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 8.C.15. Subject: Approval of a Change Order to the Maintenance Contract for the Chesterfield Towne Center-Southport Area Service District, and a Request to Grant Subsequent Change Order Authority Related to the Project to the County Administrator nts: County Administrator: Board Action Regueste~el: The Board is requested to authorize a change order to the maintenance contract for the streetscape improvements along western Midlothian Turnpike, and grant the County Administrator change order authority for any subsequent changes in the maintenance contract, providing they remain in budget. Summary of Information: In October of 2009, the Board of Supervisors created a service district along western Midlothian Turnpike in order to provide for streetscape improvements between Alverser Drive and Johnston-Willis Drive. The service district includes a $0.02 real estate rate increment on property owners in the district that is in place to repay the county for its upfront investment and to cover the associated ongoing, maintenance expenses. Zn 2009, it was estimated that it would take approximately five years for the district to break even financially. The district has performed a bit better than expectations, however, and it is anticipated that repayment will occur in four and half years at the end of fiscal year 2014. Accordingly, the district will begin generating excess revenue (i.e. annual incremental revenue above the ongoing maintenance costs) during fiscal year 2015. That said, this paper Preparer: Will Davis Preparer: Allan M. Carmody Attachments: ~ Yes Title: Director, Economic Development Title: Director, Budget & Management ~~ ~~~~> CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA Summary of Information: (continued) requests approval of a change order (in the amount of $69,565) to the existing maintenance contract that would allow for the replacement of plant material in the district. Even with this request, the district will be very close to achieving its original five-year payback goal (at the end of calendar year 2014). In addition, the property owners along western Midlothian would like to leave the $0.02 increment in place beyond calendar year 2014 (the projected repayment date with the proposed change order) in order to potentially accommodate additional maintenance enhancements in the district. The district is expected to generate approximately $45,000 in revenue above the current maintenance effort and the property owners would like the ability to use those funds for additional improvements and, therefore, this paper requests that further change order authority be vested with the County Administrator, provided that those changes do not exceed the annual revenue created by the district and do not extend the repayment window beyond the original terms of the district. r °, ~~~f~~ ~t~`~`°~a~, CHESTERFIELD COUNTY s' 1~ V ~~_' BOARD OF SUPERVISORS Page 1 of 1 ~'~ AGENDA ~ =°~= Meeting Date: June 25, 2014 Item Number: 8.C.16. Subject: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement for the Harrowgate Fire and EMS Station 21 at 16901 Harrowgate Road. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Virginia Electric and Power Company for a 15' underground easement to serve the Harrowgate Fire and EMS Station 21. This request has been reviewed by county staff. Approval is recommended. District: Bermuda Preparers John W. Harmon Attachments: Yes ~ No Title: Real Property Manager ~; ~~.~~ `II ITS' ETH Conveyrance of an Eaae~ment to Virginia Electric and Forgiver Company I ~ f~ ~`j„, ~ .... f ~ ~ ~ ~ ~~ ~ '~ ~ '~ ~,'~ ~anve~ance ~f arti Eaaamant t~a Virginia ,g~' .~,, ~, .v er Company ~~ 4 Electric and Fouv ~ ,~ 4 , ,, ..._._...._- --__._~_.__..._...___~_~... _~ ~ ,~, ,, ~~ ~~~ ~ ~,~ ~~' ~.~ ~~ ~ ~ -... ~~ ~ ~- ~ _ ,r /f ~ --- r C _ 'f~_ f ~_,~ + r 1-~, [1 ~`' ~r ~ Chesterfield Counts Department of Utilities 1 r ' ~~;~ l t -...-T-~ ~ I Ilri - Ev^s ke t r~ ice),, ~~ ° ~ ~ N/F COLONIAL HGTS ASSEMBLY OF GOD GPIN: 7986317637 tO~, GOUNTY OF CHESTERFIELD o#. GPW: 7986307685 N/L OF HARROWGATE RD PARCEL B ~o 9y ~ o "o_ ~~n \ OWNERS INITIALS: 15' 15' 33` 16901 r• 3' ~~ 3 15' EASEMENT AREA ~~ y9 ~~ p,~ 4 t~` ~p9o Ptaf fo Accompany Righf-of-Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY doing business as 7lnmininn ZTircYinia PnWPt Uri NOT TO SCALE ~ PETERSBURG Legend is nc -awns ip- oroug aun y- ~ y State BERMUDA CHESTERFIELD VA Location of Boundary Lines of Right-of-Way ice a um er FIFTEEN {15} FEET PETERSBURG 02-14-0033 --~lndicates Property Line is Right-of-Way s ima a um er Grid Number Boundory FIFTEEN {15) FEET 7609241 M0237 ae Page 5 of 5 ~/~a/z0~4 HAROLD THURSTON ~~ -~ ~(\\ /{fR~ ~~Y17d9 ~L' ,, Meeting Date: June 25.2014 Subject: FY2014 Year-End Adjustments ntv Administrator's Comrfients: County Administrator: Page 1 of 2 Item Number: 8.0.17. Consider FY2014 year-end revenue and expenditure adjustments as follows: a. Authorize the County Administrator to assign and re-appropriate into a revenue stabilization reserve all unspent, or otherwise unreserved, FY2014 appropriations that are in excess of the FY2015 budgeted unassigned beginning fund balance of $55,000,000, contingent upon positive results of operations. b. Appropriate revenues and expenditures for specific programs as well as authorize reallocations among general fund departments and related funds and make adjustments to revenues and expenditures as outlined on Schedule A. c. Appropriate revenues and expenditures and authorize other adjustments for specific programs, projects and non-general fund departments as outlined on Schedule B. d. Authorize the County Administrator to assign and re-appropriate various revenues and unspent expenditures contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule C. e. Appropriate revenues and expenditures and authorize other adjustments for the school division as outlined on Schedule D, along with any other associated transfers required as a result of the requested actions. f. Authorize the County Administrator to assign and re-appropriate $2,583,900 in school division funds and $36,100 in Appomattox Regional Governor's School funds, contingent upon positive results of operations as determined by the county's financial audit as outlined on Schedule E. g. Authorize the County Administrator to assign and re-appropriate $309,000 in Utility Department funds, contingent upon positive results of operations as determined by the county's financial audit. Preparers Allan M. Carmody Title: Director, Budget and Management Attachments: ® Yes ^ No # ~~.'~ ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: First and foremost, this paper recommends that all available FY2014 general fund results (in excess of unassigned beginning FY2015 fund balance of $55, 000, 000) be set aside to offset the planned use of revenue stabilization funding in FY2015. The county has used prior-year results to help bridge much of the recent economic choppiness. That practice will continue for the upcoming fiscal year, though the level of support from prior-year savings continues to be pared back as the year-end margins continue to get thinner. Moving forward, the use of prior-year savings will be reduced even further (as discussed in the recent five-year forecast) as economic conditions continue to strengthen. Even so, it is important to make sure there are one-time resources available for use during the next economic interruption. On a similar note, this paper requests that all available FY2014 school fund appropriations in excess of their fund balance policy be reserved for use in a future school budget. In addition, this paper also requests some adjustments to a group of general fund departments and capital projects as detailed in Schedules A and B. Some departments require an additional appropriation, though all of those needs have been balanced within available appropriations or revenues in other areas of the organization. Furthermore, the Board is asked to consider a number of carryover requests shown on Schedule C - many of which are embedded in the recently adopted FY2015 budget. Staff requests the carryover of ICFMR funding not utilized in FY2014 to cover the initial months of facility operating costs up until the point of licensure (as discussed during the FY2015 budget process). Schedule C also requests the re-appropriation of restricted revenue for retiree healthcare to be utilized in a future year, as well as the authority to reserve surplus business license tax that would be directed for economic development-related purposes. Finally, the Board is requested to carryover 1) all vehicle registration fee revenue associated with the $20 fee increase (which was previously unbudgeted) for future transportation needs and 2) $2 million of the one-time Powhite Parkway reimbursement for the purchase of replacement school buses in the FY2015 budget. Likewise, Schedules D and E outline some similar requests made on behalf of the School Board, who has approved all of their actions prior to the June Board of Supervisors' meeting (the associated School Board papers are also attached) There is also a request to reserve $309, 000 in carry-over funding from the Utilities department for equipment and operating costs. Staff recommends approval of all actions listed in this paper. ~, ~'~ E E L F Schedule A County General Fund Departmental Revenue and Expenditure Budget Adjustments Accounting Assessor Building Inspection Commissioner of the Revenue Commonwealth Attorney Community Corrections County Attorney Debt Service -Cloverleaf sale & note paydown Debt Service Employee Benefits & ERRP Federal Restricted Grant General District Court Health Department Information Systems Technology Juvenile Detention Home MHMRSA Non-departmental Parks & Recreation Public Information Restricted Revenue & Use of Reserve Transfer to County Capital Projects Regional Jail Registrar Sheriff Social Services Streetlights Tax Relief for the Elderly & Disabled and Disabled Veterans Transfer to Schools/State Sales Tax Transfer to Schools for debt service Transportation Total General Fund Revenue Expenditures 79,000 (199,000) 105,721 (80,000) 115,000 103,000 100,000 3,453,704 3,453,704 (1,750,000) 398,665 84,665 400,000 186,000 189,000 (25,000) 80, 000 178,600 (800,000) 1, 573,721 $9,000 659,800 659,800 1, 568, 000 110,000 (209,000) (450,000) 62,000 225,000 (1,791,000) (1,791,000) (96,200) 88,600 3,385,890 3,385,890 `~."~' T E Schedule B Other Funds -Revenue and Expenditure Budget Adjustments Other Funds: Comprehensive Services -external revenue reimbursements County Capital Projects Animal Control Shelter Juvenile Detention Home Roof Replacement Eppington Plantation -donations Parks Civil War Site Improvements -donations Public Meeting Room Audio Visual Upgrades -Transfer of restricted PEG revenue Rt. 60 Widening Alverser to Old Buckingham - VDOT reimbursement & developer contribution Granfs Fund: MH Medicaid grant -for automation of electronic health records Community Development Block Grant -funding source change to allow for project completion HOME -funding source change to allow for project completion VJCCCA -state revenues to cover expenses related to workers compensation Change 1,024,600 75,000 (75,000) 131,000 76,625 659,800 1,966,993 106,250 119,343 211,343 82,800 ... w~~ ESE E VEST Schedule C A -GENERAL FUND These items will be reserved/assigned pending receipt of revenues and/or overall positive county results and re- appropriated into FY2015. Mental Health ICFMR Facility -operating costs until becoming licensed ERRP Retiree Grant Funds 536,100 331,924 Notes: A// excess BPOL funds above the FY2014 budget will be reserved for future economic development incentive payments. The excess $4.8 million in vehicle registration fees (due to mid year fee increase) received in FY2014 budget will be reserved to be used for future road revenue sharing match program. $2 million of the $8M refund (received from VDOT to reimburse for Powhite debf issued) will be reserved and is a source in the FY2015 Adopted Budget (in the Transfer to Schools) for bus purchases. Any excess funds from FY2014 results after reserves noted above and beyond the FY2015 budgeted unassigned beginning fund balance level of $55,000,000 would be set aside in a reserve for future critical non-recurring needs and revenue shortfalls. B -NON-GENERAL FUND Utilities -Replacement equipment, repairs, consultant services, other operating 309,000 ~.. ~ L Schedule D School Operating, Grant Revenue and Expenditure Budget Adjustments Operating Fund Revenue E-Rate Funds $ 200,000 State Sales Tax via General Fund Transfer $ (1,791,000) General Fund Transfer for debt service $ (96,200) Federal Funds $ 24,200 Workers Compensation in Instruction State Funds $ 3,112,100 Fund Balance Total Operating Fund $1,449,100 Grants Fund Instruction Total Grant Fund Appomattox Regional Governor's School Renovations Revenue $ 250,000 $250,000 Revenue $85,500 Expenditures $ (96,200) $ 835,000 $ 710,300 $1,449,100 Expenditures $ 250,000 $ 250,000 Expenditures 85, 500 Schedule E School Fund Carry Forward Requests Operating Fund Textbooks/online learning Adult Education - VEC Local Match to Grants Algebra Readiness Funding Wellness Early Retiree Reinsurance Program (ERRP) Total Operating Fund Appomattox Regional Governor's School ARGS Total Amount $ 919,500 $ 44,200 $ 971,600 $ 508,900 $ 95,900 $ 43,800 $ 2,583,900 Amount $ 36,100 w VIRGINIA: At a quarterly work session of the Chesterfield County School Board held Friday morning, May 30, 2014, at ten thirty o'clock in the School Board Meeting Room of the Chestefietd County Schools Central Office PRESENT: Dianne H. Smith, Chair Came E. Coyner, Vice-Chair Thomas J. Doland Debra Girvin David S. Wyman RESOLUTION WHEREAS, the ending balance for FY2014, net of reserve needs, is sufficient as currently projected to meet the $1,000,000 requirement for the FY2015 budget and the $5,000,000 requirement as a revenue source for the FY2016 budget; and, WHEREAS, there is a need to reserve the funds identified in Attachment A in the School Operating Fund and the Appomattox Regional Governors School at June 30, 2014; and, WHEREAS, there is a need to make the revenue and expenditure adjustments as shown on Attachment B; NOW, THEREFORE, 13E IT RESOLVED, that on motion of Carrie Coyner, seconded by David Wyman, the School Board hereby requests the Board of Supervisors to approve the revisions shown in Attachment B and reserve the funds identified in Attachment A in the School Operating Fund and the Appomattox Regional Governor's School, adjusted according to the county's financial audit. ~. Carol Timpano, Clerk ~~Pr/ Marcus J. Newsome, Superintendent ~'~'~ ~a' CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA CCPS MEMORANDUM #51 (2014) May 30, 2014 TO: SCHOOL BOARD FROM: MARCUS J. NEWSOME SUPERINTENDENT SUBJECT: BUDGET REVIEW -- YEAR-END 2013-2014 PERTINENT INFORMATION The projected year-end operating fund balance as of April 30, 2014 (net of reserves) is sufficient to meet the $1,000,000 fund balance requirement included in the FY2014 budget. The projected yearend balance is also sufficient to meet the $5,000,000 requirement for the FY2016 budget (this amount is included as a revenue source in the CCPS 5-year financial plan). A percentage (15%) of current operating budgets for schools and departments was withheld this year in anticipation of the FY2016 requirement. At this time, we believe this action will generate sufficient savings to meet this requirement. In addition, there are several revenue and expenditure adjustments to be made within various appropriation categories for this fiscal year. There is also a need to request action by the Board of Supervisors to reserve funds at June 30, 2014, for expenditures that will cross the fiscal year. EVALUATION/ANALYSIS The analysis of the FY2014 year-end position is divided into three areas: 1) funding to be reserved for use in FY2015; 2) revenue changes occurring since the beginning of the current fiscal year and, 3) expenditure changes occurring since the beginning of the fiscal year. Reserve Funding Each year, the School Board requests that a portion of current year funds be reserved for re-appropriation in the following year for specific purposes, contingent upon positive results of operations within individual departments and division wide as determined by the County's financial audit. For year-end FY2014, the funding recommended to be reserved is outlined in Attachment A. School Operating Fund Revenue Changes State Revenue $ 3,112,100 The indicated amount is primarily an increase in basic aid as a result of higher than projected student membership and the offset for the reduced sales tax estimate (shown below). State Sales Tax $ (1,791,000) The indicated decrease represents a change for updated projections by the Virginia Department of Taxation. Federal Revenue $ 24,200 There are several small increases in this funding source including vocational education equipment of $18,200, impact aid of $2,000 and miscellaneous other sources totaling $4,000. ~9 Memo #51 Page 2 County Transfer $ (96,200) The county transfer includes an amount annually to fund current year debt service payments. For FY2014, there is a reduction in interest payments for VPSA. This amount represents unused county transfer corresponding to the reduction in interest payments. Local Revenue $ $200,000 For FY2014, additional revenue in excess of the amount budgeted has been received for E-rate of $224,000. This amount is offset to a degree by small changes in other local revenue. Total Operating Fund Revenue Change $ 1,449,100 School Operating Fund Expenditure Changes Workers Compensation -Instruction $ 835,000 Workers Compensation expenditures have routinely exceeded budget in the recent past. This change will bring the workers compensation budget into balance for FY2014 in the Instruction appropriation category. Debt Service $ (96,200) This amount represents a reduction in interest payments for VPSA bonds. Fund Balance -Instruction $ 710,300 Fund balance will be increased in the Instruction appropriation category to correspond to the remaining net increase in state revenue for FY2014 as described above. Total Operating Fund Expenditure Change $ 1,449,100 Summary -Operating Fund Excluding the amounts to be reserved and the recommended changes to the FY2014 budget described above, the operating fund balance at year end is more than sufficient to meet the fund balance requirement included in the FY2015 operating budget. The 15~ withheld from each school and department together with the remaining expenditure fund balance will be sufficient to fund the ending balance necessary as a revenue source for the FY2016 budget. Memo #51 Page 3 School Grants Fund Expenditure Changes Headstart The Headstart grant for FY15 will begin on June 1, 2014. This requires an appropriation increase to cover those expenditures for one month that cannot be covered by the existing FY2014 budget. The requested appropriation change is an increase in the Instruction appropriation category and totals $250,000. Appomattox Regional Governor's School There is a need to increase the appropriation for the Appomattox Regional Governors School. This is a net increase to cover the remainder of the renovations of a structure on the property, offset to a small extent by a loss in tuition revenue. The net increase is $85,500. RECOMMENDED ACTION The Superintendent recommends that the School Board: 1) Approve the requests for year-end reserves outlined in Attachment A; 2) Approve the revenue adjustments and appropriation changes at Attachment B; 3) Approve the resolution at Attachment C indicating School Board approval of these actions; 4) Authorize the Superintendent to make other appropriation adjustments to the School Operating Fund, as may be necessary to implement the actions contained in this year-end budget review. MJN/PAH/srn Attachments Memo # 51 Attachment A Reserves, Carried Forward and Appropriated in FY2015 Contingent on Individual Item Results of Operations Textbooks Wellness Local Match to Grants Algebra Readiness funding Early Retiree Reinsurance Program (ERRP) Risk Management -Workers comp reserve (FY2007 - FY2012) Private donation Online learning Total Other Funds to be Reserved Appomattox Regional Governor's School $890,000 95,900 971,600 508,900 43,800 200,000 1 12,000 29,500 $2,851,700 $ 36,100 ~~,~, .-~ _ Sao Memo #51 Attachment B FY2014 Revenue Adjustments School Operating Fund State Sales Tax State Revenue (Basic Aid) County Transfer Federal Funds ~ocalRevenue Net Change FY2014 Appropriation Changes Operating Fund Instruction Debt Net Change Grants Instruction ARGS Operations and Maintenance Chance $ ( 1,791,000) 3,112,100 ( 96,200) 24,200 200,000 1,449,100 $1,545,300 96 200 $ 1,449,100 $ 250,000 $ 85,500 ~•~~n~~_ ;:'moo CHESTERFIELD COUNTY °~~ BOARD OF SUPERVISORS Page 1 of 2 ~~~ ~=~~ AGENDA ~~RGIN~' Meeting Date: June 25, 2014 Item Number: 8.0.18. Subiect: Request for a Permit to Stage a Fireworks Display at the Sunday Park Peninsula of Brandermill on Thursday, July 4, 2014, with a Rain Date of July 12, 2014 County Administrator's Comments: County Administrator: The Board of Supervisors is requested to approve a permit to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Thursday, July 4, 2014, with a rain date of July 12, 2014. Summary of Information: The Brandermill Community Association ("BCA") has requested permission from the Board to stage a fireworks display at the Sunday Park Peninsula at Brandermill on Thursday, July 4, 2014 at dusk, with a rain date of Saturday, July 12, 2014. BCA has retained W. G. Bulifant, III, of Dominion Fireworks, Inc. to discharge the fireworks. Mr. Bulifant is an experienced, capable fireworks discharger who has conducted numerous similar displays at Brandermill and elsewhere in the county. The BCA has submitted evidence of a fireworks liability insurance policy naming the County of Chesterfield as a co-insured party in the amount of $2,000,000. The Fire Marshal's Office has reviewed the request and has indicated that the proposed display meets all applicable Preparers Jeffrey L. Mincks Attachments: ~ Yes ® No Title: County Attorney 0505:92592.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA criteria under the Fire Prevention Code. In the 15 years that Brandermill has conducted this fireworks display, no safety or fire responses have been necessitated by the fireworks activity. The Fire Marshal and the Director of Utilities have also determined that fireworks displays such as the one proposed by BCA do not have an adverse environmental effect on Swift Creek Reservoir. 0505:92592.1 .-~ ~,n _ ~~ ~~ L~ ~ „St µflc~ (i~ \~~;/ >k~:~>~> CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 4 Meeting Date: June 25, 2014 Item Number: 9.A. Subject: Developer Water and Sewer Contracts inistrator's Comments: County Administrator: Board Action Regueste'~: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and Developers where there are no County funds involved. This report is submitted to the Board as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: 13-0018 Project Name: Hallsley Section 7 Location: 15350 Hunting Hill Road Developer: East West - Hallsley, LLC Contractor: R.M.C. Contractors, Incorporated Contract Amount: Water Improvements - Wastewater Improvements - District: Midlothian $50,670.00 $59,613.00 Preparers William O. Wright Title: Assistant Director Utilities Attachments: ~ Yes No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 4 AGENDA Summary of Information: (Continued 2. Contract Number: 07-0236 Project Name: Bayhill Pointe Section 20 Location: 12801 Bailey Bridge Road Developer: Bayhill Development Corporation Contractor: Coastal Utilities Incorporated Contract Amount: Water Improvements - Wastewater Improvements - District: Matoaca 3. Contract Number: 13-0061 $336,532.45 $234,978.00 Project Name: Magnolia Green Parkway Extension Phase 1 Location: 6324 Otterdale Road Developer: 6801 Woolridge Road - Moseley LP Contractor: Castle Equipment Corporation Contract Amount: Water Improvements - $123,020.00 District: Matoaca 4. Contract Number: 13-0048 Project Name: Magnolia Green Woolridge Road Extension Phase 1 Location: 6348 Otterdale Road Developer: 6801 Woolridge Road - Moseley LP Contractor: Castle Equipment Company Contract Amount: Water Improvements - $119,422.00 Wastewater Improvements - $ 2,400.00 District: Matoaca ~~, ~, ~ -~ :1' ~ a c.D CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 4 AGENDA 1 Summary of Information: (Continued 5. Contract Number: 12-0036 Project Name: Christian Life Worship Center Location: 11930 Old Stage Road Developer: Trustees, Christian Life Worship Center Contractor: C.D. Hall Utilities, Incorporated Contract Amount: Water Improvements - Wastewater Improvements - District: Bermuda $29,850.00 $37,500.00 6. Contract Number: 13-0241 Project Name: Chipotle & Starbucks Spring Rock Green Location: 7106 Midlothian Turnpike, Suites A & C Developer: BSF Richmond, LP Contractor: Southern Construction Utilities, Inc. Contract Amount: Water Improvements - $12,201.80 Wastewater Improvements - (Private) District: Midlothian 7. Contract Number: 13-0201 Project Name: Magnolia Green Welcome Center Location: 17301 Memorial Tournament Drive Developer: 6801 Woolridge Road - Moseley LP Contractor: Wright Contracting, LLC Contract Amount: Wastewater Improvements - $12,226.00 District: Matoaca CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 4 AGENDA ~ Summary of Information: (Continued) 8 9 Contract Number: Project Name: Location: Developer: Contractor: Piedmont Construction Company Incorporated Contract Amount: Water Improvements - $202,188.70 Wastewater Improvements - $ 71,709.20 District: Clover Hill Contract Number: 13-0164 Project Name: Project Bulldog - 1701 Meadowville Technology Parkway Location: 1701 Meadowville Technology Parkway Developer: Medline Industries, Incorporated Contractor: RMM Enterprises, Incorporated Contract Amount: Water Improvements - $ 74,500.00 Wastewater Improvements - (Private) District: Bermuda 13-0252 Bon Secours Drive Extension 13830 Bon Secours Drive CP Acropolis, LLC and Brandermill Parkway --~ ~ .._v CHESTERFIELD COUNTY °~ BOARD OF SUPERVISORS Page 1 of 1 ~~ ~~-^~ AGENDA - -~~ ,,,~ LIRGIti~`~ Meeting Date: June 25, 2014 Item Number: 9.6. Subiect: Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Acceptance of attached report. Summary of Information: Preparers James J. L. Stegmaier Title: County Administrator Attachments: Yes ~ No # 4;~ ~ ~~., ~. CHESTERFIELD COUNTY GENERAL FUND BALANCE Budgeted Ending Balances June 25, 2014 of General Fund Fiscal Year Budgeted Expenditures 2010 $53,495,000 8.1% 2011 $53,495,000 8.3% 2012 $53,495,000 8.2% 2013 $53,495,000 8.0% 2014 $54,500,000 g 0% ''Effective FY2012, the Soard of Supervisors adopted a change to the financial policy ratio to raise the targeted fund balance level from 7.5 percent to 8.0 percent ~~ •r-, .,.1 E~~ CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS June 25, 2014 Board Meeting Date Description Amount Balance FOR FISCAL YEAR 2013 BEGINNING JULY 1, 2012 3/28/2012 FY2013 Budget Addition 13,905,000 17,394,080 3/28/2012 FY2013 Capital Projects (13,199,300) 4,194,780 1/22/2013 Return funds from completed projects 368,699 4,563,479 3/15/2013 Return funds from completed projects 171,301 4,734,780 6/19/2013 Return funds from completed projects 8,358 4,743,137 6/30/2013 Return funds from completed projects 343,260 5,086,397 FOR FISCAL YEAR 2014 BEGINNING JULY 1, 2013 4/10/2013 RY2014 Budget Addition 4/10/2013 FY2014 Capital Projects 10/23/2013 Additional funding for Bon Air Library renovation project 1.5,590,000 20,676,397 (14,695,500) 5,980,897 (43,000) 5,937,897 -__ CHESTERFIELD COUNTY DISTRICT IMPROVEMENT FUNDS June 25, 2014 Maximum Balance Carry Over Pending from FY2014 Funds Used Items on Board District Prior Yearsx Appropriation Year to Date 6/25 Agenda Approval Bermuda $25,644 $33,500 $28,210 $711 $30,222 Clover Hill 37,500 33,500 6,300 - 64,700 Dale 37,500 33,500 12,869 5,000 53,131 Matoaca 37,500 33,500 9,962 - 61,038 Midlothian 37,500 33,500 26,047 - 44,953 County Wide - - - - - l-, , ~ ., Prepared by Accounting Department May 31, 2014 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Outstanding Date Original Date Balance Began Description Amount Ends 5/31/2014 04/99 Public Facility Lease -Juvenile Courts Project $ 16,100,000 01/20 $ 4,985,000 (Refinanced 10/10) 03/03 Certificates of Participation' -Building Construction, Expansion and Renovation. 6,100,000 11/23 630,000 03/04 Certificates of Participation* -Building Construction, Expansion and Renovation; Acquisition/Installation of Systems 21,970,000 11/15 1,490,000 10/04 Cloverleaf Mall Redevelopment Project 16,596,199 10/14 13,142,494 12/04 Energy Improvements at County Facilities 1,519,567 12/17 645,054 OS/OS Certificates of Participation* -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation. of Systems 14,495,000 11/24 2,985,000 05/06 Certificates of Participation* -Building Acquisition, Construction, Installation, Furnishing and Equipping; Acquisition/Installation of Systems 11,960,000 l 1124 5,110,000 08/07 Certificates of Participation -Building Expansion/Renovation, Equipment Acquisition 22,220,000 11 /27 15,215,000 06/12 Certificates of Participation Refunding - Building Acquisition, Construction, Expansion, Renovation, Installation, Furnishing and Equipping; Acquisition/Installation of Systems; Equipment Acquisition 19,755.000 11/24 19,080,000 *Partially Refinanced 06/12 TOTAL APPROVED AND EXECUTED $ 130.715.766 ~ 63.282.548 PENDING EXECUTION Approved Description Amount None - ~ ~ .~.,. CHESTERFIELD COUNTY ;t~~t~ o BOARD OF SUPERVISORS Page 1 of 1 `'~~=.~ AGENDA ~~RGIN~n Meeting Date: June 25, 2014 Item Number: 11. Subject: Closed Session County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Closed Session pursuant to ~ 2.2-3711.A.7., Code of Virginia, 1950, as amended, for consultation with legal counsel regarding specific legal matters requiring the provision of legal advice. Preparers Jeffrey L. Mincks Attachments: ~ Yes No Title: County Attorney 0425:92534.1 :y- f µFlEl,p 10. tr k, cli. 1J c 1 \ ~ ~"= .. ,;:, 1 ~RCIti\A CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 15.A. Subject: Resolution Recognizing Mr. L. Dennis Collins, Commonwealth Attorney's Office, Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. L. Dennis Collins will be retiring from the Commonwealth Attorney's office on July 1, 2014, after providing more than 26 years of service to the citizens of Chesterfield County. Preparers William W. Davenport Title: Commonwealth Attorney Attachments: Yes ~ No RECOGNIZING MR. L. DENNIS COLLINS UPON HIS RETIREMENT WHEREAS, Mr. L. Dennis Collins, will retire from the Chesterfield County Commonwealth Attorney's Office on July 1, 2014, after providing more than 26 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Mr. Collins faithfully served the county in the capacity of Assistant Commonwealth's Attorney, Deputy Commonwealth's Attorney, and Senior Deputy Commonwealth's Attorney; and WHEREAS, Mr. Collins was a mentor and intern supervisor to numerous law students who have interned in the Commonwealth Attorney's Office, helping to hone their skills and launch their careers throughout the Commonwealth of Virginia; and WHEREAS, Mr. Collins has shared his expertise by teaching in the Chesterfield Police Academy, Chesterfield Sheriff's Academy, the Virginia State Police Academy, Commonwealth Attorney Services Counsel and the District Court, and presenting programs for public and private school and civic organizations; and WHEREAS, Mr. Collins was instrumental in the development of the Chesterfield County Pretrial Services Program, the Court Appointed Scheduling System and in creating a method to give notice of suspensions to suspend or revoke offenders by police and eliminating the need for DMV representatives to appear in court, all saving substantial funds for the county and state; and WHEREAS, Mr. Collins has served as a special prosecutor to numerous other counties and cities on cases where the local prosecutor had a conflict of interest; and WHEREAS, Mr. Collins has been recognized for his expertise in arson and identity theft prosecution and has served with distinction on the Chesterfield Commonwealth's Attorney Crash Team; and WHEREAS, Mr. Collins has prosecuted all types of cases in the Chesterfield County Circuit and District Courts from homicides, arsons, rapes, robberies and burglaries, to DUIs, stalking, thefts and assaults; and WHEREAS, Mr. Collins is much more than a prosecutor, he is a man of many talents and interests with a unique sense of humor and a keen sense of justice; and WHEREAS, Mr. Collins is truly the heart of the Commonwealth Attorney's Office, looking out for attorneys and support staff alike, recognizing co- workers as people first, and he has a unique personality and commitment to his profession; and WHEREAS, Mr. Collins is well respected by the judiciary court, law enforcement, and the defense bar, and is known for being very tough, but above all, fair; and . ~'~~~ WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Collins' diligent and loyal service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes Mr. L. Dennis Collins, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Collins and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ., _ _;, CHESTERFIELD COUNTY BOARD OF SUPERVISORS µtVlp 4s~~_,~'>,~ AGENDA ~~~ ~ _~ I ;,~ Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 15.B. Subject: Resolution Recognizing June 2014 as "Business Appreciation Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Mr. Holland requests that the Board of Supervisors recognize June 2014 as "Business Appreciation Month" in Chesterfield County, acknowledging the contributions our existing businesses make to the economy of Chesterfield County. Preparers E. Wilson Davis, Jr. Attachments: Yes Title: Director, Economic Development RECOGNIZING JUNE 2014 AS "BUSINESS APPRECIATION MONTH" IN CHESTERFIELD COUNTY WHEREAS, Chesterfield County has a thriving base of business and industry to support the local economy; and WHEREAS, Chesterfield County businesses are both domestically and internationally based and range in size from very small entrepreneurial companies to large companies; and WHEREAS, Chesterfield County businesses provide an array of products and services to customers throughout the world; and WHEREAS, Chesterfield County businesses provide meaningful employment, fundamental to maintaining a healthy and vibrant economy; and WHEREAS, business tax revenues paid by Chesterfield County businesses are critical in offsetting the cost of services required by our citizens; and WHEREAS, Chesterfield County businesses take an active role in making the community a better place through their commitment to charitable organizations, schools, recreation and other worthwhile endeavors; and WHEREAS, Governor McAuliffe has declared June 2014 as "Business Appreciation Month" in the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, hereby expresses its gratitude on behalf of county residents to all businesses and industry located in Chesterfield for their contributions over many years by recognizing June 2014 as "Business Appreciation Month" in Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ..' ~. < 41~:.. CHESTERFIELD COUNTY st`~ BOARD OF SUPERVISORS Page 1 of 1 -, ~`~ ~t __~~~ AGENDA i~k~u~ Meeting Date: June 25, 2014 Item Number: 15.C. Subiect: Resolution Recognizing Mr. Zachary J". Zumbo Upon Attaining the Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution. Summary of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Zachary J. Zumbo, Troop 2815, sponsored by Chester United Methodist Church, upon attaining the rank of Eagle Scout. Mr. Zumbo is a Bermuda District resident. He will be present at the meeting, accompanied by members of his family, to accept their resolution. Preparers Janice Blakley Title: Clerk to the Board of Su Attachments: Yes ^ No rvisors # ~, .~. ~ ~ F.,, _ . _: ~~,% WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Zachary J. Zumbo, Troop 2815, sponsored by Chester United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Zachary has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 25th day of June 2014, publicly recognizes Mr. Zachary J. Zumbo, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. ~y..4~. ~r.~ "/, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: June 25, 2014 Item Number: 18.A. Subiect: Public Hearing to Consider Amendments to Stormwater Management Ordinance Administrator's Comments: A County Administrator: Board Action Rec Hold a public hearing to consider state-mandated amendments to the Stormwater Management Ordinance. Summary of Information: On April 9, 2014, the Board of Supervisors adopted a Stormwater Management Ordinance in Chapter 8 of the County Code. Subsequent to advertising the public notice for those ordinance amendments, Virginia's Department of Environmental Quality notified the County of certain necessary changes to the ordinance arising out of new legislative changes made by the General Assembly in the 2014 legislative session. In summary, these changes: (i) incorporate the option of an "agreement in lieu of a Stormwater management plan" for single family homes; (ii) reduce single family home fees to $209; (iii) remove registration statement requirements for all detached single family homes; and (iv) require that an approved Stormwater management plan shall govern the development of individual parcels within the plan, including parcels developed under subsequent owners. DEQ has approved the attached proposed revisions to the County's Stormwater Management ordinance The Virginia Stormwater Management Program requirements go into effect July 1, 2014, so staff recommends the Board of Supervisors approve the ordinance changes at the June 25 meeting after the public hearing. Preparers Scott Smedley Title: Director of Environmental Engineering Attachments: Yes ~ No # .j ` ~~, ^ ~- ~.' ~_ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 8-2, 8-4, 8-13 AND 8-15 RELATING TO STORMWATER MANAGEMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 8-2, 8-~, 8-13 and 8-1 S of the Code o the County of Chested eld, 1997 as amended, are amended and re-enacted, to read as follows: CHAPTER 8 STORMWATER MANAGEMENT AND WATER QUALITY 000 Article I. Stormwater Management 000 Sec.8-2. Definitions. In addition to the definitions set forth in the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence. 000 "A~reement in lieu of a stormwater mana ement plan " means a contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan. 000 Sec. 8-4. Stormwater management program established; submission and approval of plans; prohibitions; owner's responsibility for VSMP Permit. (a) Pursuant to ~ 62.1-44:15:27 of the Code of Virginia, the County hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in section 8-1 of this chapter. The environmental engineer is designated as the Administrator of the County's Virginia stormwater management program. I92s.9z36~.6 (draft of 5/13/14) ... ... ... r ~ rlJ 4~ (b) No permit shall be issued by the environmental engineer, until the following items have been submitted to and approved by him as prescribed herein: (1) A permit application that includes a general permit registration statement if such statement is required (°°° ^°~z~~~ e.~., a registration statement is not required; for Chesapeake Bay Preservation Act land distributing activity). Asingle-family detached residential structure ~°„°'•^+°'~~'~~~~'+ ~'~~+,,,.1..;,,°'°°n *'~^r ^ ° ^r~ r^~* ~~ ^ '^r^°•• within or outside a common plan of development or sale is authorized to discharge under this general permit and is not required to submit a registration statement; (2) An erosion and sediment control plan approved in accordance with the County's Erosion and Sediment Control ordinance, Chapter 8, Article II; and (3) A stormwater management plan that meets the requirements of Section 8-6. Prior to land disturbance, this plan must be approved by the environmental engineer. An executed agreement in lieu of a stormwater management plan may be used for construction of a single family residence. (c) No permit shall be issued until evidence of general permit coverage is obtained (except when general permit coverage is not required, e.g., Chesapeake Bay Preservation Act land ~'~,a;~+,.,~ disturbing activity or a single family detached residential structure). 000 (h) A stormwater management plan that is approved for a residential subdivision and/or commercial or industrial site plan shall govern the development of the individual ap reels within the plan, inciudin tg hose parcels developed under subsequent owners. 000 Sec. 8-13. Appeal to Circuit Court. Any person, including the County, aggrieved by a decision of the Deputy County Administrator made pursuant to section 8-12, may seek judicial review of such decision in the Circuit Court for Chesterfield County in accordance with Va. Code & 62.1- 44.15:46. 000 Sec.8-15. Fees (a) Fees to cover costs associated with implementation of a VSMP related to land disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with Table 1. DEQ may also assess additional fees that the County will collect on behalf of DEQ. These fees listed below, and any additional fees 2 i92s.9236~.6 (draft of 5/13/14) ~° `;- =~ ~' _.~'..~. ,~~~ payable to DEQ, shall be paid prior to the issuance of a land disturbance permit. When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. Table 1: Fees for permit issuance Fec to be paid by Fee type Applicant to County. Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act localities with land-disturbance $209 acreage equal to or greater than 2,500 square feet and less than 1 acre) General / Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 $209 acre. ) General/ Stormwater Management - Aii single family detached residential structures within or outside a common plan of $209 development General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or $1,944 greater than 1 acre and less than 5 Acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or $2,448 greater than 5 acres and less than 10 acres) i9as.9a36~.6 (draft of 5/13/14) ` `"~~ ~F~t~~~4~ General / Stormwater Management - Large Construction Activity/Land Clearing [Sites or areas within common plans of development or sale with land disturbance acreage equal to or $3,240 greater than 10 acres and less than 50 acres] General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or $4,392 greater than 50 acres and less than 100 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or $6,912 greater than 100 acres) * if the project is completely administered by DEQ such as may be the case for a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to DEQ. (b) Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the County, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1. 000 (2) That this oNdinance shall become effective on July 1, 2014. 4 1928.92367.6 (draft of 5/13/14) -~ ~- ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:Stormwater-Mgmt 6-11, 18 1/20P + 1.05" $266.17 Board of Supervisors The Observer, Inc. TAKE NOTICE Take notice that the Boazd of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2014, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10, and Lori Road, Chesterfield, Virginia, will $old a public hearing where persons may appeaz and present their views concerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and re-enacting Sections 8-2, 8-4, 8-13 and 8-15 relating to stormwater management regulations and water quality and providing for related fees and fines. A copy of the full text of the ordinance is on file in the Office of the Clerk to the Boazd of Supervisors and the County Administrators Office, Room 504, 9901 Lori Road, Chesterfield County, Virginia and may be examined by all interested persons between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The hearing is held at a public !$~llity designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should contact Janice Blakley, Clerk to the Boazd, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than June 20, 2014. Grooms Jr., ~~~°°° •~-~ GROp °°. -' Q~' ~.• P~ BLRC .• •s~ REG # 7182093 MY COMMISSION ; Q n ' EXPIRES ~ % O~ ~'• 2/2912016 .~ ~Ca~ °°0pf°mommmmmm Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/11/2014 & 6/18/2014 Sworn to and subscribed before me this ' " ` da of f~ y 2014. ~.L" Legal ~Affiant My commission expires: February 29, 2016 Commission I.D. 7182093 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~tio~. ,:'- ~.~ ~~- ' ,-49 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 1s.6. Subject: Public Hearing to Consider Code Amendment Relative to Natural Resource Inventory Submittal County Administrator's Comments: County Administrator: Hold a public hearing and adopt the attached ordinance amendment relative to Natural Resource Inventory submittal. Summary of Information: PLANNING COMMISSION ACTION AND RECOMMENDATION By unanimous vote the Planning Commission at their April 15, 2014 meeting recommended approval of the attached amendment. AMENDMENT OVERVIEW The current ordinance requires a Natural Resource Inventory (NRI) be submitted for all applications for rezoning, conditional use, conditional use planned development, and conditional zoning in the Upper Swift Creek Watershed with three (3) available exemptions to the NRI requirement. The attached amendment would provide for additional exemptions at the discretion of the Director of Environmental Engineering for certain applications. Preparers Kirkland A. Turner Attachments: Yes ~ No Title: Director of Planni 4' ~~ ~~ N~FRFIELD CDG _~ ~~b~. ~;;,, ~ 1R GI~F~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information (Continued) Below is a summary of the proposed additional NRI exemptions for applications: 1. When request is for a development site that already exists and the Director of Environmental Engineering finds that an NRI is unnecessary to evaluate the application. 2. When request is to amend a condition of prior zoning approval and the Director of Environmental Engineering finds that: • Request does not substantially change the existing NRI provided with original zoning; or • NRI components have been substantially addressed through a previous development or zoning approval. ., ~, ._ ~', ~~. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-238 RELATING TO NATURAL RESOURCE INVENTORY IN THE UPPER SWIFT CREEK WATERSHED BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-238 of the Code of the County of Chester field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-238. Development regulations. Any use, development or redevelopment of land in the Upper Swift Creek Watershed shall meet the following performance criteria: 000 (e) ~An application for-~ rezoning, conditional use, conditional use planned development, and conditional zoning in the Upper Swift Creek Watershed shall include a natural resource inventory for the proposed development site except as set forth below. The natural resource inventory is a planning level tool used for the analyses of the project area to enable future development the opportunity to incorporate stormwater mitigation and conservation designs while avoiding sensitive environmental features for the protection of their role as it relates to water quality. The information may be used for the project's overall stormwater management plan and. should protective measures or non-structural stormwater practices be found beneficial to water quality and acceptable in the form of a proffered condition, the director of environmental engineering at construction plan or site plan review may credit the resulting stormwater benefits towards the project's required pollutant load reduction. (1) ''-'''° ~ "^.<,:,,,, ~'°^°'^ °~* ~ °*~ °~°An application is exempt from the requirement to provide a natural resource inventory when: Land disturbance of the proposed development site will be less than ^ ~<~ ~'~~*,.,.~.^M^°'° ^ *'~°~ ° °2,500 s uare feet in area; b. It proposes only the construction of a single family residential dwelling that is not part of a subdivision;-ate It seeks onl~Gconstruction of water, sewer, natural gas, underground telecommunications ~l-or cable television lines, railroads, or public roads:; d. The proposed development site already has existing development such that, in the discretion of the director of environmental -.:..~ . 2723:92044.1 1 ~~ .~ ~. ~ ,~..;, en~ineerin~, a natural resource inventory is unnecessar~o evaluate the application; or e. The request is to amend a condition or conditions of a prior zoning approval where the director of environmental en ineerin~ determines that: i. the amendment does not substantially alter the natural resource inventor provided with the original zoning approval; or ii, the required natural resource inventory components have been substantially addressed through previous development or zoning approval. 000 (2) That this ordinance shall become effective immediately upon adoption. ~- , ,--, . 2723:92044.1 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue Chesterfield County LN:Natural-Resources 6-11, 18 1/lOP - .6" $310.04 Board of Supervisors The Observer, Inc. TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2014, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public heazing where persons may appeaz and present their views concerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 19- 238 of the Zoning Ordinance relating to Natural Resource Inventory (NRI) in the Upper Swifr Creek Watershed. Among other things, this amendment would provide for additional applications to be exempt from the requirement to submit a NRI: (1) an application fora proposed development site that has existing development such that an NRI is unnecessary; (2) an application to amend conditions of zoning where the environmental engineering director determines that: (i) the amendment does not substantiallyalter the NRI of the original zoning approval; or (ii) components of the NRI have been substantially addressed through previous approvals. A copy of the full text of the ordinance is on file in the Office of the Clerk to the Board of Supervisors and the County Administrator's Office, Room 504, 9901 Lori Road, Chesterfield County, Virginia and may be examined by all interested persons between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than June 20, 2014. Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/11/2014 & 6/18/2014 Sworn to and subscribed before me this I - (~ day of ~~ r~ , 2014. - r~ ~! - Legal A rant My commission expires: February 29, 2016 Commission I.D. 7182093 Grooms Jr., Notafy Public PUBLIC ' v ~, ;.~ REG # 7182093 n ; MY COMMISSION ~.• EXPIRES :~~ ~~ 2/29/2016 ~ ~ ~_ °°°~r~Fq lT H ~F ~~`~~ °~°eeeeeeeaN~ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU• ~~ ~~E~`~D.-~~~ s ~_ ~U ~ i,1~ ", ~y~ 4 ~RCINti' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 18.C. Subject: Public Hearing to Consider Code Amendment Relative to Wind Energy Systems County Administrator's Comments: County Administrator: Hold a public hearing and adopt the attached ordinance amendment relative to Wind Energy Systems. Summary of Information: PLANNING COMMISSION ACTION AND RECOMMENDATION By unanimous vote the Planning Commission forwarded a recommendation of approval for the attached amendment. AMENDMENT OVERVIEW At the direction of the Commission, staff prepared amendment to Wind Energy System (WES) requirements to provide additional setback provisions for the use when located on County owned or maintained property to provide a fall zone to prevent harm to the public. In addition, certain other changes to the ordinance have been provided to comply with industry rating standards and to clarify measurement of height for the use. Preparers Kirkland A. Turner Attachments: Yes ~ No Title: Director of Planning ~~F„~'.io ~o `1~ (, 1 1. ,r D ~~-__ ~;,~; ~ ~RGI'±~~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information (Continued) The proposed amendments include: 1. That in addition to other setback requirements, a WES when located on County owned or maintained property be setback 1.1 times its height from any of the following on the property: building open to the general public, parking lot, playground, recreational field or similar area designed to facilitate the gathering of people; 2. Changing of rating capacity from kilowatt hours (kWh) to kilowatts (kW) to match industry standard used to rate capacity for WES; and 3. Adjusting language in ordinance as to how height of the WES is determined to prevent repetition of such determination in other requirements. s~ -, . . AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1.997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65 AND 19-131 RELATING TO WIND ENERGY SYSTEMS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-6~ and 19-131 of the Code of the County of Chester>ield, 1997, as amended, are amended and re-enacted to read as,follows: Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (h) Wind Energy Systems (WES) provided that: (1) WES shall be located on a lot that is a minimum of 5 acres; (2) WES shall be located in the rear yard; (3) WES shall have a rated capacity of no greater than 10 kilowatts l (kWl~); (4) WES shall be limited to ene 1 per lot; (5) *'~° *^~~ °r''°~^''*WES height, as determined by measurin fg rom ground to hi h~ est point of WES inciudin~ blade sweep, i~"'t~~ '-m'~^~, ~~'^'~~ ~, r°~' ~ ^~^ *'~° '~~^'~°~~ ~ ^*` shall not exceed b f 10} feet for each ene-complete acre of land in the blot where the WES is to be located, to a maximum of °°~~°r*~~ ~~ ° X75} feet; (6) for a freestanding WES, the lowest point of net,^~=~-e~~the blade sweep shall be at least °~*°„~' ~~ ~*'~~~ *~~~°~*~~ X20} feet effrom the ground; (7) a freestanding WES shall be located on the lot it is intended to serve and shall be setback as follows: a_~~~^'~om-~-y-Pr-ep°~t~ '~~° ~'~°" '~° a minimum of ~e-f2} times the WES height from an~property line te~w~r- h°~~ i ~~ by „r,-~,° ~,~.,a° ~ °; and b. if located on property owned or maintained by Chesterfield County. a minimum of 1.1 times the WES height from an,, o following located on the property: building open to the general public. parking lot, playground, recreational field or similar area designed to facilitate the ~atherin~ of peo Ike. 2723:920611 1 (8) WES noise level shall not exceed 60 decibels as measured from the closest property line. The level may be exceeded during short-term events such as utility outages and/or severe wind storms; (9) WES shall not include a guy_ wired or lattice tower° ^''^"'~° ~r°'~~'~~*°~'• (10) WES shall not be artificially lighted unless required by the ~A Federal Aviation Administration or appropriate authority; (11) the base of the WES tower shall incorporate measures to prevent nen- unauthorized personnel from ascending the tower for a distance of 12 feet from grade; (12) at such time as the WES ceases to be used for its intended purpose for a period exceeding ~-{12~ consecutive months, such WES shall be dismantled, and it and all associated equipment removed from the property; and (13) The applicant shall comply with all applicable federal, state, and local laws, ordinances and regulations. (14) WES may be roof mounted provided that: a. the WES will be mounted to a principal ^'«,a..,~.,~- 'fib or accessory -.~a=a~buildin~ on the property it is intended to serve, b. the lowest point of the ~-~~e-blade sweep shall be X10 feet above the height of thebuildin~ being mounted to; and c. the WES height, as determined by measuring from the ?round to the hi hg est point of WES including blade swee~Ldoes not exceed height restrictions set forth in section 19-556 for the principal or accessory buildin~~ on which it is mounted. 000 Sec. 19-131. Uses permitted with certain restrictions. The following uses shall be permitted in the O-1 District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (1) Wind Energy Systems (WES), provided that: (1) a site plan shall be required in accordance with sections 19-263 to 19-272, as applicable; (2) WES shall be located on a lot that is a minimum of 5 acres; (3) WES is freestandin and the WES height_ as determined by measurinff from the ground ^~ *'~° *^«~°r ^~~' '~'^~'°^ ^* *'~° to the highest point of the WES including blade sweep, shall not exceed ten-(10~ feet for each-ene complete 2723:92061.1 2 ~ ' ~ ~' ' '~ ' •~ acre of land in the lot where the WES is to be located to a maximum of ° ~+•~ ~~~°'75} feet; (4) Guy_-wired or lattice towers shall be prohibited; (5) WES shall be setback a- ~ ^m ~°~*~~ '~r° ^''°" '~° a minimum of tie-(2} times the WES te~ver height from any property line; and ~~~'~~^ *'^° "'^a°~ me~asu~n~~b e~d~e-~g~~~-peint ef-zhe~l~a° ~~'°°.. b. if located on propertv owned or maintained by Chesterfield Count a minimum of 1.1 times the WES height from any of the following located on the property: buildin¢ open to the general public, parking lot, plav~round, recreational field or similar area designed to facilitate the gathering of people. (6) WES shall not be lighted unless required by the Federal Aviation Administration or appropriate authority; (7) WES shall be limited to eel per lot, and shall be sited on the lot it is intended to serve; (8) standards for locating WES shall comply with the adopted tower siting policy, as applicable; (9) the base of the WES tower shall incorporate measures to prevent ne~- unauthorized personnel from ascending the tower for a distance of 12 feet from grade; (10) WES shall be limited to a maximum power generation of 100 kilowatts ~(kW~); (ll) WES shall comply with all applicable federal, state, and local laws, ordinances and regulations; and (12) at such time as the WES ceases to be used for its intended -purposes for a period exceeding t~l~-(12} consecutive months, such WES shall be dismantled and it and all associated. equipment removed from the property;_ (2) That this oNdinance shall become effective immediately upon adoption. ,ra.^~cf,": r~jJ 2723:92061.1 3 ~-- 4 ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN:Wind-Energy 6-11, 18 1/lOP - 1.03" $295.58 Board of Supervisors The Observer, Inc. TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2014, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public heazing where persons may appear and present their views concerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19- 65 and 19-131 of the Zoning Ordinance relating to Wind Energy Systems. Among other things, this amendment would require that a freestanding wind energy system located on property owned or maintained by Chesterfield County be setback a minimum of 1.1 times its height from any of the following on the property: building open to the general public, pazking lot, playground, recreational field or similaz azea designed to facilitate the gathering of people. A copy of the full tent of the ordinance is on file in the Office of the Clerk to the Board of Supervisors and the County Administrators Office, Room 504, 9901 Lori Road, Chesterfield County, Virginia and may be examined by all interested persons between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The heazing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should contact Janice Blakley, Clerk to the Boazd, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Boazd no later than June 20, 2014. Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/11/2014 e~ 6/18/2014 C Sworn to and subscribed before me this I ~ day of ~~ YL-~, , 2014. Legal A cant Jarr~e T, Grooms Jr., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 4 m; F (~ ~~Ja •` ~~~5 N p R'YO' O'~S ~ . ~ PUBLIC ~ % REG # 7182093 .' ~ ~_ n ; MY COMMISSION EXPIRES Q ~ '•., 2/29/2016 ~ ~_; ~~''.;e ALTH OF~~~.•. 1°eeeeeeeea` THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. t'RF ~ ~/JJ I]49 ~/ t'IttGIN~' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 18.D. Subject: Hold a Public Hearing Contributions for Both Healthcare Fund County Administrator: to Consider Appropriation of Employer and Employee the County and Schools in the Recently Created Board Action Requested: This date has been set to hold a public hearing to consider increasing appropriations by $49,000,000 for the self-insurance healthcare plan revenues and expenses. Summary of Information: Effective January 1, 2014 , the County and Schools transitioned to a self - insurance healthcare plan that allows the County to pay claims and third party administrative fees. The change to a self-insurance plan affords the County and Schools lower healthcare costs, more control over all aspects of the plan, including setting rates to smooth out the impact of increases on employees, the County and Schools, while maintaining adequate funding to cover claims, expenses, and reserves. The cost to fund the healthcare expenses is covered by payments from active employees, the County and School Board, retirees, and previous employees covered through COBRA. The County and School Board contributions are budgeted in the respective operating funds; however, due to the timing and creation of the healthcare fund that occurred midway through the fiscal year given the contract runs on a calendar year, these funds were not appropriated in the Healthcare Fund for FY2014. Additionally, the active employees and retiree contributions (nearly 30% percent of the appropriation) are no longer a pass through (thus formerly excluded from appropriations) but are being Preparers Allan M. Carmody Title: Director, Budget & Management Attachments: ^ Yes ® No ## , ~.~~~~ \ ..: .ti CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 2 of 2 AGENDA pooled to pay claims as they come due and need to be appropriated. The FY2015 Adopted Budget reflects this changed structure. The FY2014 Adopted Budget needs to be adjusted to include these revenue streams and increase expenditure appropriations to cover claim payments and other costs associated with being self-insured. The State Code requires appropriations that exceed 1 percent of the budget be advertised for a budget amendment and a public hearing held to obtain citizen input. Therefore, the Board is requested to hold this public hearing to obtain citizen feedback and after closing the public hearing consider taking action to increase the appropriations. ,,,~. .~.:~ ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue) Chesterfield County LN: Self-Insurance-Fund 6-18 1/20P+.6" Board of Supervisors $267.20 The Observer, Inc. Publisher of CHESTERFIELD OBSERVER Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on June 25, 2014 at.¢:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views concerning: the appropriation of $49,000,000 each in revenues and expenditures for the healthcaze self-insurance fund. If further information is desired, contact Mr. Allan Cazmody, Director of Budget and Management, Chesterfield County, at 748-1548 between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The heazing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should contact Janice Blakely, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify thc• Lerk to the Boazd no later than Friday, June 20, 2014. This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/18/2014 Sworn to and subscribed before me this l day of ~l~ I'~ , 2014. (~ ~ i ti7~~ ti~ Legal Affiant J es ,Grooms Jr., Notary Public My commission expires: February 29, 2016 Commission I.D. 7182093 s~~.~~menoo~~eo e Z v ~ • PUBLIC • REG # 7182093 •' ~ n ; MY COMMISSION m ~'•, EXPIRES 2/2912016 ,• ~ ~. ®`t "SEA LTH•~ a®' 00®QPBR6000p00® THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. ~ti~ °°~~~ ,~ ~°' ~-~~ _~ ~, (\ \" . ~ 4 1~ ~RG1N~' ' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: June 25, 2014 Item Number: 18.E. Subiect: Public Hearing to Consider Code Amendment Relative to Mandatory Utility Connections County Administrator's Comments: County Administrator: Board Action Request d: Hold a public hearing and adopt the attached ordinance amendment relative to mandatory utility connections. Summary of Information: AMENDMENT OVERVIEW In March 2014, as part of the Phase I Implementation Steps of Moving Forward... The Comprehensive Plan for Chesterfield County, the Board adopted amendments to the Utilities Ordinance relating to the required use of public water and wastewater. Among other things those amendments mandated that lots within lot subdivisions receiving preliminary plat approval be required to connect to public water and wastewater when within certain designated areas. This year the General Assembly amended the Code of Virginia to provide that the county cannot require preliminary plat review for subdivisions of 50 or fewer lots, although the developer may still choose to go through the preliminary plat process. This change in law may lead to certain subdivisions being developed without having been reviewed through the preliminary plat process of the Subdivision Ordinance and as a result would make such development exempt from the mandatory connection requirements of the Utilities Ordinance as currently written. Preparers Kirkland A. Turner Attachments: Yes Title: Director of Planning No # ~~JQ22G tT ~;;~; ~~RGlN1~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information (Continued) The proposed amendment would amend the Utilities Ordinance to provide that lot subdivisions connect to public utilities whether receiving approval through preliminary plat or approval through final plat if applicant chooses not to submit a preliminary plat. As a result of the referenced change to the Code of Virginia, amendments to the Zoning and Subdivision Ordinances will also be needed. Staff will bring those amendments before the Planning Commission and the Board of Supervisors in the near future. .~ ; „~- ,. ~~ ~ ~~ ~.. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 18-60 RELATING TO REQUIRED USE OF UTILITY SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section I8-60 of the Code of the County of Chested eld, 1997, as amended, is amended and re-enacted to Head as follows: Sec. 18-60. Required Use of Utility System. 000 A. Residential. For the purposes of this section, the term "dwelling unit" shall be as defined in Chapter 19 and shall not include a dwelling unit that is being rebuilt due to damage by fire, flood, explosion, earthquake, storm or other act of God provided such reconstruction occurs within 2 years of the damage. 1. Public Water System. Connection to the public water system shall be required for new dwelling units when: a) property line is within 200 feet of a water line unless the required on-site service line is greater than 400 feet; b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision t ~^°~~~°~ ~'•°'~~^~~°~•~ „'^* ^ ^' ^~*°'• "~^w^'~ ''' '"" ^ ^~~' which is located in the area shown as "Required" on the Residential Public Water Connection Area on the GIS maps that receives after March 12, 2014 either (i) preliminaryplat approval or (ii) final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminaryplat; or d) located in a multifamily development. 2. Public Wastewater System. Connection to the public wastewater system shall be required for new dwelling units when: a) property line is within 200 feet of a wastewater line unless the required on-site service line is greater than 400 feet; b) located within a lot subdivision recorded with requirement for connection; c) located within a lot subdivision ~'', '' which is located in the area shown as "Required" on the Residential Public Wastewater Connection Area on the GIS map~that receives after March 12, 2014 either (i) preliminaryplat approval or (ii) final plat approval where there are 50 or fewer lots and the subdivider has chosen not to submit a preliminary last; or d) located in a multifamily development. 000 (2) That this ordinance shall become effective immediately upon adoption. 1925:92573.2 ", r~, :~~ ~~~~ ^"~ ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue Chesterfield County LN:Utilities-Ordinance 6-11, 18 1/lOP - 1.15" $291.57 Board of Supervisors The Observer, Inc. TAKE NOTICE Take notice that the Boazd of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, June 25, 2014, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public heazing where persons may appear and present their views concerning: An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Section 18-60 of the Utilities Ordinance relating to Required Use of Utility System. Thi. amendment requires that lot subdivision located in the "Required" azea on the Residential Public Water (or Wastewater; Connection Areas on the GIS maI connect to public utilities upon receivin€ (i) preliminazy plat approval or (ii) fina plat approval where there are 50 or fewer lots and the subdivider has chosen not tc submit a preliminazy plat. A copy of the full text of the ordinanu is on file in the Office of the Clerk to th~ Boazd of Su~aervisors and the Count• Administrators Office, Room 504, 990 Lori Road, Chesterfield County, Virgini and may be examined by all intereste~ persons between the hours of 8:30 a.m. t~ 5:00 p.m., Monday through Friday. 'Ihe hearing is held at a public facilit designed to be accessible to persons witi disabilities. Any persons with questions o. ;accessibility of the facility or the need reasonable accommodations should ntact Janice Blakley, Clerk to the Boazd, 748-1200. Persons needing interpreter vices for the deaf must notify the Clerk the Boazd no later than June 20, 2014. Publisher of CHESTERFIELD OBSERVER This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/11/2014 & 6/18/2014 l ;~ Sworn to and subscribed before me this 1 2014. My commission expires: February 29, 2016 Commission I.D. 7182093 day of T, Grooms Jr., Notary Public ~~ >>aaesvr°°°°e e° S ~ ~7ROO°°% o .....,• e~ . '~NOTARY'•.~in >~,: ~ PUBLIC . v MR3•. ~ n MISSION ' o ~ EXPIRES 2~ • 2/29/2016 •' ~_ .• • • ..... • • ~~Q~,~~ °0°°®aeeeeejee THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. uF~~ CHESTERFIELD COUNTY `Y Crl~1 ~ ` ~~ ` ~ BOARD OF SUPERVISORS Page 1 of 1 ~~ AGENDA <<N Ci9~, Meeting Date: June 25, 2014 Item Number: 18.F. Subiect: PUBLIC HEARING: To Consider the Conveyance of Right of Way to the Commonwealth of Virginia, Department of Transportation, for the Jefferson Davis Highway (Route 1) Road Improvement Project County Administrator's Comments: County Administrator: Board Action Regues d: Approve the conveyance of right of way to the Commonwealth of Virginia, Department of Transportation for the Jefferson Davis Highway (Route 1) Road Improvement Project, and authorize the Chairman of the Board and County Administrator to execute the deed. Summary of Information: The Virginia Department of Transportation is requiring that the county convey right of way for the Jefferson Davis Highway (Route 1) Road Improvement Project which will include Old Bermuda Hundred Road intersection improvements and sidewalks. A public hearing is required to convey county property. Approval is recommended. District: Bermuda Preparers John W. Harmon Title: Real Property Manager Attachments: ®Yes ~ No # II~IT' ~TI-I T~ ~/T ~ Imp~~~~~m~n~ end ~i~~rall ~ Chest~fi~f¢i jaunty ®e~artrrvent of i~tiliti~s ~'!~; j' 1fa' , ~ E `~'' S 1 VN~fi -?a53.~i 12at ~.J t'+..i+ `4Jy Gf~S ~ni :~ r i ~, r h f I ~ ' r i r ii Q- +1 !W~ I ., N/F GINDA .A ~~ Ts ~~. ~-~.r~ 0 oy CQ o~ dy ~~ R9~OOO\ S 24.55' S84'41': 5 5 80045 0. 0.825 ACRE TO BE CONVEYED TO VDOT ~~ r 0 r~ 'ss, ~; d.g osoy\ INC 16.8 AC 049 °`Op3 0 a ~~~ 0°~ ryh~ N' .A /F T~ h'~'~. yss, Cp d$ sBS ~o>o oNC AG yA9; ° pZ ~ .^~ ~ ~ ~o ~~ H ~~. ` ii qo °j~ 04n ~{ ~ O~ ~~ ~~ ~~ ,~ ~~ ~\ ~° ~° ~~ ~ j A" ~~ ~ ~ti~ ~~ o~ ~~ ~~v~ '~~ ~~ 6 27.10' _~~.o N 73'26'04' E ; oe ~O ~ 0 N/F °~ % ~ CARNEAL o~ o~ ;~,~~ ~~~~ ~a ~ PEAT OF 0.825 ACRE OF LAND SITUATED ON ~TIi p~ JEFFERSON DAVIS HIGHYYAY ~ U. S. ROUTE #7 & #301 ~' BER1L1'UDA DISTRICT C T TO BE DEDICATED TO ~,% "c . CHESTERFIELD COUNTY, VIRGINIA ~. EVo.1324 SCAt_E: 1" 200' NOVEMBER ~7,i992 CHARLES C. TOWNES & ASSOCIATES, P. C. ENGINEERS - PLANNERS - LAND SURVEYORS CHESTERFIELD COUNTY, VIRGINIA ADVERTISING AFFIDAVIT Client Description Ad Size Cost (per issue Chesterfield County LN: Jeff-Davis-Nwy 6-18 1/20P+.05" $232.75 Right of Way The Observer, Inc. Publisher of CHESTERFIELD OB~ERVF,R TAKE NOTICE "that nn )une 25, 2014, at 6:3U p.m. or as soon thereafter as may be heard, the Boazd of Supervisors of Chesterfield County at its regular meeting place in the Public Meeting Room of Chesterfield County. Vtrginia, will consider the conveyance of right of way to Commonwealth of Virginia, L)epanment of Transportation for the Jefferson llavis/ Route 1 Road Improvement Project. Information regarding the conveyance. is on file in the Right of Way Office in Chesterfield County, Virginia, and may be examined by all interested parties between the hours of 5:30 a.m. and 5:00 p.m., Monday through Friday. The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with yurstions an the accessibility of the facility or need for reasonable aaommvdations should contact Janice R. Blakley, Clerk tv the Board at 745-121H). Persons needing interpreter services for the devil must notih the Clerk to the Board nv later than )une 2n, 2014. /,~~;pjv~;~. ~~ \ ~ Jr., Notary day of ~s ~ r~ii~~ f ~~si > : PUBLIC •• •. v REG # 71a2p93 • ~ - = r. ~ MY COMMISSION C EXPIRES ~?'~yO• 2/2 9126 1 6 :'~_ •.......••y~~ ,, "'~~~crH of ,,•' This is to certify that the attached legal notice was published by Chesterfield Observer in the county of Chesterfield, state of Virginia, on the following date(s): 6/18/2014 Sworn to and subscribed before me this (~ TZ, ~ Ul V~~ , 2014. ' /~ ~ ~ r-~ Legal ffiant Jatrt~s' My commission expires: February 29, 2016 Commission I.D. 7182093 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU. P.O. Box 1616. 3Ldlothian. Virginia 23113 • Photte: (8l)-tj SJi-75(~ • Fax: (i{(1`i1 74d-3?69 • F.mail: news~(a~chestrfieldvhurvcr.com •Internet: Kww.chcstertielcbbserveceom CHESTERFIELD COUNTY FSfu ,Jl. '~`° BOARD OF SUPERVISORS Page 1 of 1 ~~ ~~ 1~. 1 ~~1~_=-- AGENDA - - -/ ~~R Glti~~ Meeting Date: June 25, 2014 Item Number: 21. Subject: Adjournment and Notice of Next Scheduled Meeting Supervisors County Administrator's Comments: of the Board of County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of the Board of Supervisors meeting to be held on July 23, 2014, at 3:00 p.m. in the Public Meeting Room. Preparers Janice Blakley Attachments: ^ Yes Title: Clerk to the Board _ ~ ... _,~