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09/26/01 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: September 26, 2001 Item Number: e Subject: County Administrator' s ~omments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: As requested by the Honorable Kelly Miller, Dale District Supervisor, Lynda F. Price, Emergency Management Coordinator, will present a synopsis of the Chesterfield County Emergency Operations Plan and its relationships to recent events. Preparer: ...~'/Z~ ~ Title: Deputy Director of Emerqency Steve A. Elswick, September 20,2001 Manaqement Attachments: ----]Yes No ' 0001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: Se~3tember 26, 2001 Item Number: 5.A. Subject: Adoption of a Resolution Recognizing the Late Mr. John R. Lillard for ~is Four Years of Service to the Airport Advisory Board County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt a resolution recognizing Mr. John R. Lillard for his services to the Airport Advisory Board representing the Matoaca District. Summary of Information: See attached Preparer: Attachments: Yes -~No Title: Director, Aviation Services # RECOGNIZING THE LATE MR. JOHN LILLARD FOR HIS SERVICE TO THE CHESTERFIELD COUNTY AIRPORT ADVISORY BOARD WHEREAS, the late Mr. John Lillard represented the Matoaca District as a member of the Chesterfield County Airport Advisory Board from February 1997 to June 2001; and WHEREAS, Mr. Lillard served as Chairman of the Committee in 1998 and 1999; and WHEREAS, Mr. Lillard helped oversee the airport from February 1997 thru June 2001; and WHEREAS, Mr. Lillard provided guidance and assistance in the privatization of airport services and airport development into the future; and WHEREAS, the Chesterfield County Airport is recognized as one of the best reliever airports on the east coast; and WHEREAS, the continuing growth in airport activities is having a beneficial economic impact on the County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the late Mr. John Lillard and expresses sincere gratitude and appreciation for his service to the County as a member of the Chesterfield County Airport Advisory Committee representing the Matoaca District. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mrs. John Lillard and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0C03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: Se~3tember 26, 2001 Item Number: 5.B. Subject: Resolution Recognizing Brown & Williamson Corporation County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached resolution Summary of Information: Mr. Ramsey has requested that the attached resolution, donation of land by Brown & Williamson, be adopted. concerning the Preparer: FD"ona"'f'd J. Kappel/ /'F \ Title: Director, Public Affairs Attachments: Yes ~-] No 0~304 RECOGNIZING BROWN AND WILLIAMSON TOBACCO CORPORATION FOR ITS GENEROUS DONATION OF LAND TO CHESTERFIELD COUNTY WHEREAS, Chesterfield County is committed to protecting our natural environment; and WHEREAS, Chesterfield County works in partnership with the Friends of Chesterfield's Riverfront to facilitate opportunities to implement the County's adopted Riverfront Plan; and WHEREAS, Chesterfield County currently operates the Dutch Gap Conservation Area, which consists of more than 800 acres of pristine natural wildlife area along the James River; and WHEREAS, such natural conservation areas are rarely, if ever, cared for at the local government level, but rather at the federal or state level; and WHEREAS, Brown and Williamson Tobacco Corporation has announced that it will donate to Chesterfield County an area of land consisting of 262 acres along the James River, north of Bermuda Hundred Road and east of Enon Church Road, located in the Bermuda Magisterial District; and WHEREAS, this generous donation of land will greatly enhance the ability of all our citizens and visitors to enjoy the natural beauty of Chesterfield County's riverfront areas and abundant wildlife; and WHEREAS, such civic spirit and generosity merits the appreciation of this Board and of all the citizens of Chesterfield County. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Brown and Williamson Tobacco Corporation for its generosity and outstanding civic spirit, and expresses the appreciation of all citizens of Chesterfield County for this notable donation. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Brown and Williamson Tobacco Corporation and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: Se?tember 26, 2001 Item Number: 5.c. Subiect: Resolution Recognizing October 7-13, 2001 as "Legal Assistants' Week" County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached Resolution Summary of Information: Mr. Miller requested that the Board recognize October 7-13, 2001, as "Legal Assistants' Week" Preparer: Lisa H. Elko Attachments: Yes [---] No Title: Clerk to the Board # RECOGNIZING OCTOBER 7-13, 2001, AS "LEGAL ASSISTANTS' WEEK" WHEREAS, legal assistants and paralegals provide professional assistance and support to attorneys, the courts and the public; and WHEREAS, legal assistants and paralegals earn their qualifications through formal education, training and experience working under the supervision of licensed attorneys; and WHEREAS, legal assistants and paralegals work in a rapidly-growing career field that is vital to the delivery of quality legal services to clients; and WHEREAS, the Richmond Association of Legal Assistants is comprised of 293 members with an active presence in Chesterfield County and is one of ten professional legal organizations in the 2,000-member Virginia Alliance of Legal Assistant Associations that supports legal assistants through education programs, seminars and workshops; and WHEREAS, the Richmond Association of Legal Assistants encourages members to strive to uphold the highest degree of ethical and professional conduct and proficiency, adopting a Code of Ethics and Professional Responsibilities. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes October 7-13, 2001 as "Legal Assistants' Week" in Chesterfield County. 0007 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 26, 2001 Item Number: 6. Subiect: Work Session on the Results of the 2001 Citizen Satisfaction Survey County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: This agenda item will be to present highlights of the results of the 2001 Citizen Satisfaction Survey to the Board of Supervisors. The presentation will provide overall results and comparisons against the results of the 1998 survey as well as national norms, noting any statistically significant differences. The presenter will be Sharon L. Randol, Quality Coordinator, from County Administration. Preparer: ~h~ron L. Randol Title: Quality Coordinator Attachments: [---~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 1 AGENDA Meeting Date: ~pte~ber 26, 2001 Item Number: 6.B. Su~ect: Work Session to Present Rayon Park's Sewage Disposal and Drainage Improvement Recommendations County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to accept the taskforce recommendations. Summary of Information: At the June 20, 2001 Boarding meeting, the Health Department reported the results of a survey of the condition of the septic systems in Rayon Park. Earlier this year, the Health Department surveyed septic systems in Rayon Park. In June, Dr. Nelson reported to the Board that 8 systems had failed or were failing and that the average cost, of replacing or repairing those failing systems, was over $16,000. Mr. Ramsey mobilized a team to recommend the most efficient and cost- effective approaches to addressing the community's septic failures and to improve the drainage. The task force studied the issues carefully and recommends that the County follow its existing policy for sewer improvements to be financed by the community receiving the sewer benefits. Staff is also recommending that three options for sewer disposal be presented to the Rayon Park residents for their preferences and report back to the Board the results. Additionally, certain drainage improvements are also being recommended for Rayon Park. Mr. Stylian Parthemos, Sr. is presenting the team's recommendations and requestin~ the Board accept the recommendations as presented. Prepar¢:~'T' ~.,~'__~~/ ~~.~ · [ ' ~.,~ssell Harm ¥ Title: Manage of Community Development Se~ices 0 0 0 0 CHESTERFIELD COUNTY BOARD OFSUPERVISORS AGENDA Page 1 of 4 Meetin~l Date: September 26, 2001 Item Number: 8oAo Subject: Adoption of Policy for Real Estate Tax Exemption Requests County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the attached policy for real estate tax exemption requests. Summary of Information: Backqround: Under state law, churches, cemeteries, and all state and federal property receive exemptions from local real estate taxes. The amount of local revenue lost from these types of properties in Chesterfield County was approximately $10,554,079 in 2000. In addition, under a local option, the Board for many years has granted real estate tax exemption for the disabled and the elderly who satisfy an income and net worth test. The amount of local revenue lost from this category of tax exemption was approximately $1,492,256 in 2000. Preparer: The last category of local real estate tax exemptions can be granted by the General Assembly for individual properties after the Board recommends the exemption at a public hearing. Properties eligible for this type of exemption must be used for some form of charitable activity or public benefit. .~[~ ~ S~;en_~¥vli~as.O,._~ · Title: County Attorney 2014(22):54184.2 Attachments: ---]Yes No # 0C09 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 4 Meetin l Date: September 26, 2001 Item Number: In addition, at the public hearing the Board must consider a long list of criteria such as whether the organization provides services for the common good or whether the organization discriminates prior to recommending a tax exemption. Since 1995 the Board has recommended 14 separate exemptions in this category resulting in lost revenue of $21,447 in 2000. The annual exemption per property ranges from $250 to $4,918. Study Committee: In the Fall of 2000, the Board received requests from Affordable Residences in Chesterfield II to exempt Rockwood Village, an 83 unit apartment complex for the elderly and the daycare center in Winchester Green totaling $62,000 in real estate taxes annually. It was also expected that the Winchester Green apartment complex would seek an exemption amounting to approximately $88,000 annually. That request was deferred and in November of 2000, the Board requested that a staff committee develop guidelines for the Board to consider when evaluating future tax exemption requests. A staff committee was formed in January. The committee reviewed the state law relating to tax exemptions, surveyed other local governments, and reviewed the tax exemptions mandated by state law and those previously supported by the Board. Committee's Proposed Policy: The committee analyzed a number of approaches used by other localities in Virginia such as denying all requests for tax exemptions or setting a total dollar limit for tax exempt properties in the County. The Committee recommends that the Board adopt a policy to govern decisions on real estate tax exemption requests, and that the policy include (a) support for tax exemptions only on that portion of the property actually used for a charitable/beneficial purpose; (b) consideration of other County contributions made to the organization, and (c) a dollar limit for each exemption request. However, given the peculiarly individualized examination of the public benefit from each requesting organization performed by a governing body, staff recommends that the Board continue to review individual tax exemption requests, but that the Board adopt the following criteria to govern that consideration. 1. The Board will only consider at a public hearing the exemption of that portion of the real property that would not exceed $5,000 in annual tax exemption. This $5,000 limit will apply 2014(22):54184.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 4 Meetin Date: September 26, 2001 Item Number: on an individual project or parcel basis. This dollar limit represents approximately the highest value tax exemption supported by the Board over the past 10 years. The Board will only consider at a public hearing tax exemptions limited to the portion of the property actually used for the charitable/beneficial purpose; Any exemptions supported by the Board will be listed in an annual report showing all real estate and personal property exemptions. The Board will only hear tax exemption requests from organizations that are in compliance with all County regulations, including but not limited to building and zoning codes; Ail tax exemption requests will be heard at the same public hearing. Complete applications addressing the statutory criteria must be received by the County by August 1 in order to be considered. Any deviations from the policy would require a unanimous vote of the Board. Personal Property Tax Exemption: The Board may also make recommendations on personal property tax exemptions in the same way that real estate tax exemptions are processed. In 1991 the Board acted on a personal property tax exemption in Chesterfield County for the United Network for Organ Sharing (included such property as computers and cars). UNOS has now left the County. The County recently received a request for personal property exemption from First Tee, Inc. to exempt the value of golf carts resulting in an annual tax amount of $8,000. If granted, a personal property tax exemption continues indefinitely and applies to all personal property owned at the time the exemption is granted as well as any property acquired in the future. The staff recommends that the policy established for real estate tax exemption requests be applied to personal property tax requests. However, because personal property depreciates quickly (as opposed to real estate, which appreciates in value), the $5,000 limit should not be applied to personal property tax exemption requests. 2014(22):54184.2 0011 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 4 Meetin~l Date: September 26, 2001 Item Number: Recommendation: Adopt staff's proposed policy for real property tax exemption requests. Apply the policy, modified as discussed above, to personal property tax exemption requests as well. 2014(22):54184.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: .qeptea~e= 26, 2001 Item Number: 8oBo Subject: County Administrator's Comments: Streetlight Installation Approval County Administrator: Board Action Requested: This item requests Board approval of a New Streetlight Installation in the Bermuda District. Summary of Information: Streetlight requests from individual citizens or civic groups are received in the Department of Environmental Engineering. Staff requests cost quotations from Virginia Power for each request received. When the quotations are received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; o Petitions are required and should include 75% of residents within 200 feet of the requested location and if at an intersection, a majority of those residents immediately adjacent to the intersection. Preparer: CONTINUED NEXT PAGE Richard M.~cElfish Attachments: Yes [---] No Environmental Enqineering 0013 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) Cost quotations from Virginia Power are valid for a period of 60 days. The Board, upon presentation of the cost quotation may approve, defer, or deny the expenditure of funds from available District Improvement Funds for the streetlight installation. If the expenditure is approved, staff authorizes Virginia Power to install the streetlight. A denial will cancel the project and staff will so notify the requestor. A deferral will be brought before the Board again when specified. BERMUDA DISTRICT: In the Rivers Bend Subdivision: Rivers Bend Circle and Rivers Bend Road Cost to install streetlight: $3,761.45 Meets minimum criteria For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. STREETLIGHT REQUEST Bermuda District Request Received: March 6, 2001 Estimate Requested: March 13, 2001 Estimate Received: September 7, 2001 Days Estimate Outstanding: 179 NAME OF REQUESTOR: Mr. Chester Kowalczyk ADDRESS: Rivers Bend Community Association 11907 Hogans Alley Chester, VA 23836 804-530-0476 REQUESTED LOCATION: Rivers Bend Circle and Rivers Bend Road - Cost: $3,76'1.45 Policy Criteria: Intersection: Vehicles Per Day: Petition: Qualified Qualified Qualified Requestor states: "This intersection channels all resident traffic emanating to and from the original section; (a) bus stop for school children located here." 0015 Street Light Request Map September 26, 2001 ~ c~ co~ a~s o~ Street Light Legend existing light requested light 72L3~ This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. 0016 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ~_ Meeting Date: September 26, 2001 Item Number: 8.c.1. Subject: Nominations to the Chesterfield Emergency Planning Committee County Administrator's Comments: County Administrator: Board Action Requested: The staff requests that the Board approve the nominations listed in the attached memorandum for the Chesterfield Emergency Planning Committee. Summary of Information: The intent of the Superfund Amendment and Reauthorization Act of 1986 is for the local community to work with first responders, to create a working plan that outlines emergency response to natural disasters and hazardous materials situations, and to coordinate the Community's Right-to-know Act. The Chesterfield Emergency Planning Committee is authorized to function under this Act. Under the existing Rules of Procedures, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedures are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. Steve A. Elswick Title:Deputy Director of Emergency Attach ments: Yes [---] No CHESTERFIELD COUNTY EMERGENCY SERVICES P.O. Box 40 Chesterfield, Virginia 23832-0040 (804) 748-1236 Lane B. Ramsey County Administrator/Director Stephen A. Elswick Deputy Director Lynda F. Price Coordinator MEMORANDUM TO:, FROM: DATE: RE: The Honorable Board of Supervisors Chief Steve A. Elswick, Fire Department ~ August 28 2001 Chesterfield Emergency Planning Committee The following individual resigned from the Chesterfield Emergency Planning Committee during the 2000/2001 term: David Broocke, Reynolds Printing Plant Please consider the following nominee for the 2001/2002 Chesterfield Emergency Planning Committee, as approved by the Chesterfield Emergency Planning Committee on June 7, 2001' Karl Leonard, Chesterfield County Police Department Address: 7713 Bold Forbes Lane Midlothian VA 23112 District: Matoaca CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Mcctin~l Date: September 26, 2001 Item Number: 8.C.2. Subject: Nominations/Appointment/Reappointment of County Representative as Alternate Board Member for the Central Virginia Waste Management Authority (CVWMA) County Administrator's Comments: County Administrator: Board Action Requested: Request the board appoint the following individual to serve as Alternate Board member for the Central Virginia Waste Management Authority. Summary of Information: A new Solid Waste Manager has been hired for the county and it has been recommended that he be appointed as an alternate member on the Central Virginia Waste Management Authority to fill the vacancy left by Ray McGowan. Member Term Expires Mr. Charles E. Dane December 31, 2002 Under the existing Rules of Procedures, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedure are suspended by a unanimous vote of the Board Members present. Nominees are voted on in the order in which they are nominated. Preparer: -/ ~_~ ~ __ Title: Director of General Services 4nOsM tar Fr . Pi Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 26, 2001 Item Number: 8. ¢. 3. Subject: Nomination and Reappointment to the Appomattox Basin Development Corporation Board County Administrator's Comments: County Administrator: ~ Board Action Requested: Request that the board suspend the rules and simultaneously nominate and reappoint Mr. Gary Thomson, Mr. Jim Daniels and Mr. J. L. McHale, III to serve on the Appomattox Basin Industrial Development Corporation (ABIDCO). Ail Board members concur with the reappointments. Summary of Information: The purpose of ABIDCO is to assist the Counties of Prince George, Dinwiddie and Chesterfield and the Cities of Colonial Heights, Hopewell and Petersburg in their efforts to provide balanced industrialization to Commission members. The term of Mr. Gary Thompson, Mr. Jim Daniels and Mr. J. L. McHale, III will be effective September 30, 2001, and will expire September 30, 2002. James G. Dunn Title: Director, Economic Development Attachments: ~-~ Yes No OOZO CHESTERFIELD COUNTY BOARD .OF SUPERVISORS AGENDA Page t-of2 Meetin~l Date: September 26, 2001 Item Number: 8.c.4. Subject: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Bermuda District. Supervisor McHale has recommended that the Board appoint Rani English, a student at Thomas Dale High School, and Ashley Henderson, a student at Chesterfield Community High School, to the Youth Services Citizen Board for a term from July 1, 2001 through June-30, 2002. Ms. English and-Ms~ Henderson meet all eligibility requirements to-fill the vacancies and have indicated their willingness to serve. Supervisor McHale has also recommended that the Board reappoint Shelby Porter, an adult, to the Youth Services Citizen Board for a term from July 1, 2001 through .June 30, 2004. Ms..Porter meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Preparer:~ Title: Director, Youth Services Attachments: ~--~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Clover Hill District. Supervisor Warren has recommended that the Board appoint Christopher Dover, an adult, to the Youth Services Citizen Board for a term from July 1, 2001 through June 30, 2004. Mr. Dover meets all eligibility requirements to fill the vacancy and has indicated his willingness to serve. Under 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. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: ~, ~, 1, ~1, Sub_iect: Recognizing Mr. Nicholas Peter Hogan, Troop 893, Sponsored by Saint Edward's Catholic Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: ~ Board Action Requested: Adoption of attached resolution. Summary_ of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Hogan, Troop 893, upon attaining the rank of Eagle Scout. Mr. Hogan will not be able to attend the meeting. Lisa Elko Attachments: Yes [-~ No Title:Clerk to the Board RECOGNIZING MR. NICHOLAS PETER HOGAN UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Nicholas Peter Hogan, Troop 893, sponsored by Saint Edward's Catholic Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Nicholas 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 hereby extends its congratulations to Mr. Nicholas Peter Hogan on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of i Meeting Date: September 26, 2001 Item Number: 8. D. 1 Subiect: Resolution Recognizing Carl L. White Upon His Retirement October 1, 2001 County Administrator's Comments: County Administrator: Board Action Requested: Staff requests the Board adopt the attached resolution. Summary of Information: Staff requests the Board adopt the attached resolution recognizing Carl L. White for 24 years of service to the Chesterfield County Sheriff's Office. Preparer: Clarence G. Attachments: W~m liams, Jr. Yes No Title: Sheriff OOZ,G RECOGNIZING MR. CARL L. WHITE UPON HIS RETIREMENT WHEREAS, Mr. Carl L. White began his public service with the County as a Deputy in the Sheriff's Office in June 1977, hired by Mr. Nick Fucella for Sheriff Wingo; and WHEREAS, by providing quality public service, Mr. White was transferred from the jail to the Courts in 1979 as a Bailiff for Judge John Daffron, Jr., served as the Bailiff for several other judges including the Honorables E. P. Gates, Sr., Herbert C. Gill and D. W. Murphey, and was also the Bailiff for the very first capitol murder trial held in Chesterfield County for Judge E. P. Gates, Sr.; and WHEREAS, Mr. White has shown tremendous knowledge regarding the County and its programs and the ability to relate that to others and was transferred.to Civil Process in 1991 until present; and WHEREAS, Mr. White's desire to do a good job has been a primary factor that has permitted him to perform at a very high level while always striving for excellence and going beyond the call of duty. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the outstanding contributions of Mr. Carl L. White, expresses the appreciation of all residents for his service to the County, and extends its appreciation for his dedicated service to the County, congratulations upon his retirement, and best wishes for a long and happy retirement. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: Ser~tember 26, 2001 Item Number: 8. D. 1. c Subiect: Resolution Confirming Proceedings of the Chesterfield Industrial Development Authority for Financing of Industrial Revenue Bonds for Virginia State University Foundation County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors adopt the attached resolution. Summary of Information: On August 16, 2001, the Chesterfield Industrial Development Authority held a public hearing and approved issuance of Industrial Revenue Bonds up to $18,500,000. This issuance is to assist Virginia State University Foundation, a nonprofit, nonstock corporation, or an affiliate, in the acquisition, construction and equipping of an off-campus student housing facility of approximately 132 units in the County. The project will be located at the corner of Hickory and Woodpecker Roads on an approximately 15-acre parcel of land in the Village of Ettrick, in Chesterfield County, Virginia. This is an off-campus student housing facility to be comprised of five three-story apartment buildings with 132 living units and a clubhouse. Each unit will be fully furnished with private or semi-private bathrooms, Internet connectivity, intrusion alarms and other amenities. The housing facility will allow the Foundation to assist Virginia State University in accommodating a growing student population. Last school year, the university h~ed approximately 240 new students at the Ramada Inn. Preparer: !~v'w,J~V~L),,,-,~,.,~--' Title: Director, Economic Development James G. Dunn Attachments: Yes [~ No 4/ RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA WHEREAS, the Industrial Development Authority of the County of Chesterfield (the "Authority") has considered the application of Virginia State University Foundation, a Virginia nonstock, nonprofit corporation (the "Foundation"), for the issuance of the Authority's student housing revenue bonds, in an amount not to exceed $18,500,000 (the "Bonds"), to assist in financing, directly or through an affiliate, (a) all or a portion of the costs of an off-campus student housing facility (the "Project"), for the benefit of students at Virginia State University, to be located at the comer of Hickory and Woodpecker Roads on a parcel of land in the Village of Ettrick, in Chesterfield County, Virginia (the "County"), and (b) certain costs of issuance of the bonds, and has held a public hearing thereon on August 16, 2001; and WHEREAS, the Project is now expected to have approximately 132 units on an approximately 15 acre parcel of land; and VOtEREAS, the Authority has requested the Board to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 15.2-4906 of the Code of Virginia (1950), as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution agreeing preliminarily to assist the Foundation with the financing of the Project, upon terms to be agreed upon by the Authority and the Foundation as expressed in such resolution, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. The Board of Supervisors of Chesterfield County, Virginia, approves the issuance of the Bonds by the Industrial Development Authority of the County of Chesterfield for the benefit of the Foundation, to the extent required by the Tax Code and the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by the Tax Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Foundation, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County or the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. -2- CERTIFICATE The undersigned Clerk of the Board of Supervisors of Chesterfield County, Virginia (the "Board"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the members of the Board present and voting at a meeting duly called and held on September __, 2001, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this __ day of September, 2001. (SE ) Clerk, Board of Supervisors of Chesterfield County, Virginia RICHMOND 727284v2 -3- CERTIFICATE OF PUBLIC HEARING AND RESOLUTION The undersigned Secretary of the Industrial Development Authority of the County of Chesterfield (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on August 16, 2001, at 3:30 p.m., in the conference room of the Chesterfield County Economic Development Department at 9401 Courthouse Road, Suite B, Chesterfield, Virginia. The meeting was open to the public. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: William F. Seymour, III Henry Moore James Spencer James Briggs John Ruckart John Hughes ABSENT: Willie Lanier 2. The Chairman announced the commencement of a public hearing on the application of Virginia State University Foundation and announced that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing, in the Richmond Times-Dispatch, a newspaper having general circulation in the City of Richmond, Virginia (the "Notice"). A copy of the Notice attached to a Proof of Publication of such Notice has been filed with the records of the Authority and is attached hereto as Exhibit 1. 3. The individuals noted on Exhibit 2 appeared and addressed the Authority. A reasonably detailed summary of their statements, together with the Fiscal Impact Statement required by the Code of Virginia of 1950, as amended, under the Industrial Development and Revenue Bond Act, are attached hereto as Exhibits 2 and 3, respectively. 4. Attached hereto as Exhibit 4 is a true, correct and complete copy of a resolution (the "Resolution") adopted by the following vote of the Directors present at such meeting: Directors Vote William F. Seymour, III AYE Henry Moore AYE James Spencer AYE James Briggs AYE John Ruckart AYE John Hughes AYE The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect, on the date hereof. The remainder of this page intentionally left blank. -2- WITNESS my hand and the seal of the Authority this / ~r/~day of August, 2001. Secret~ of the Incifis~rial Development Authority of fife County of Chesterfield (SEAL) Notice and Certificate of Publication EXHIBIT 1 0J34 Ih'chmond Newspapers, Inc. An Affiliate of Media General HUNTON & WILLIAMS ATTN: CATHY ATKINS 951 E. BYRD STREET RICHMOND,VIRGINIA 23219 P.O. BOX 85333 RICHMOND, VIRGINIA 23293-000l (804) 649-6000 CUSTOMER ACCOUNT NUMBER 471268 DATE 08/09/01 CHARGES 08/09/01 121 MEETINGS-COMING EVENTS 38 2 NOTICE OF PUBLIC HEARING BY THE INDUSTR TOTAL t CREDITS / INCHES I AMOUNT 732.64 ' ~-.~:~t~.c~ .__: Richmond Newspapers, Inc. OP'T~IE ~ ON PROPO~E~r~ . . ~E~~ - Publisher Of ~f ~ ~~'~ ~ ~. ~b~ t E RICHMOND TIMES-DISPATCH ~~u~, a~? v~ ~k, ~n~ ' ~m~ ~o~~t The first inse~ion being given .... OF ~E ~N~ OF ~E~ ~ ~ F. S~, ~, ~ 08/02/01 -~n to and~ubscribed before tomethis ~-[~ Notary Public State of Virginia City of Richmond My Commission expires ~,~k_~' "~,~ ~ WHEN REMITTING PLEASE REFER TO YOUR CUSTOMER # 471268 732.64 EXHIBIT 2 Summary of Statements Larry Saunders, Chairman, Virginia State University Foundation, described the proposed financing project, the benefits expected to be derived from the project and the financing structure of proposed issue. Eddie Moore, Jr., President, Virginia State University, and Kevin Davenport, CPA, Virginia State University, described the benefits of the project to Virginia State University and the housing needs of the University. Thomas Daly, Jr., Sr. Vice President & Managing Director, Legg Mason, described the financing structure. Robert Dean Pope of Hunton & Williams, bond counsel for the proposed issue, responded to questions of the Authority. No other members of the public appeared to speak at the public hearing. EXHIBIT 3 FISCAL IMPACT STATEMENT August 16, 2001 Date Virginia State University Foundation Applicant Virginia State University Student Housing Project Facility 1. Maximum amount of financing sought $18,500,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality 15,600,000.00 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates N/A 5. Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality 40,000.00 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality 15,000.00 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality 400,0O0.O0 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality 30,000.00 7. Estimated number of regular employees on year round basis 10 20,000.00 8. Average annual salary per employee ~- ~,-- ~A~/t,h/ority Chairfn~n,~ Industrial Developmerr( Authority of the ~ount¥ of Chesterfield / Name of ,'~uthority - EXHIBIT 4 Inducement Resolution RICHMOND 718282vl RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD WHEREAS, there have been described to the Industrial Development Authority of the County of Chesterfield (the "Authority") the plans of Virginia State University Foundation, a Virginia nonstock, nonprofit corporation (the "Applicant"), to finance, directly or through an affiliate, (a) all or a portion of the costs of an off-campus student housing facility of approximately 110 units (the "Project"), for the benefit of students at Virginia State University, to be located at the corner of Hickory and Woodpecker Roads on .an approximately 10-acre parcel of land in the Village of Ettrick, in Chesterfield County, Virginia (the "County"), and (b) certain costs of issuance of the bonds; and WHEREAS, the Applicant, in an appearance before the Authority by the Applicant's representatives and in certain information filed with the Authority, has described the benefits the acquisition, construction and equipping of the Project will bring to the County and to the citizens of the Commonwealth of Virginia, and has requested the Authority to agree to issue its revenue bonds pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), in such amounts as may be necessary to assist the Applicant in financing up to $18,500,000 in costs of the acquisition, construction and equipping of the Project; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD: 1. It is hereby found and determined that financing the costs of the Project will be in the public interest of the County and will promote the well-being of the inhabitants of the County and its environs. 2. To induce the Applicant to acquire, construct and equip the Project in the County, the Authority hereby agrees to assist the Applicant in financing the Project by the issuance of its revenue bonds in an amount not to exceed $18,500,000 (the "Bonds") upon terms and conditions mutually agreeable to the Authority and the Applicant and subject to the requirements of the Act and the Code, to assist the Applicant in financing the acquisition, construction and equipping of the Project. The issuance of the Bonds, in addition, will be subject to the Applicant obtaining the necessary rezoning to construct the Project. The proceeds of the Bonds will be loaned to the Applicant pursuant to a loan agreement, the terms of which shall obligate the Applicant to make payments to the Authority sufficient to pay the principal of, premium, if any, and interest on the Bonds and to pay all other expenses in connection with the maintenance of the Project. The Authority reserves the right to impose restrictions with respect to the type of entities to which the Bonds may be sold and the denomination in which they are sold. 3. The Bonds may be issued in one or more series at one time or from time to time, upon terms to be mutually agreed upon between the Authority and the Applicant. The Bonds will be issued in form and pursuant to terms to be set by the Authority and the payment of the Bonds will be secured by an assignment for the benefit of the holders thereof, of substantially all of the Authority's fights to payments under the loan agreement and may be additionally secured by other collateral. 4. It having been represented to the Authority that it may be necessary to proceed immediately with the acquisition, construction and equipping of the Project, the Authority hereby -2- agrees that the Applicant may proceed with its plans, enter into contracts for such acquisition, construction, equipping and development and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Applicant, to the extent permitted by law, may be reimbursed from the proceeds of the Bonds for all costs so incurred by them. 5. All lawful costs and expenses in connection with the issuance of the Bonds, including the fees and expenses of the Authority and its counsel, shall be paid from the proceeds of the Bonds, to the extent allowed by law, or funds provided by the Applicant. If for any reason the Bonds are not issued or if the proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and expenses shall be paid by the Applicant and that the Authority shall not have responsibility therefor. 6. At the request of the Applicant, the Authority hereby appoints Hunton & Williams as bond counsel to supervise the proceedings and approve the issuance of the Bonds. 7. In adopting this resolution the Authority intends to declare its "official intent" to allow for the use of the proceeds of the Bonds to reimburse the Applicant for expenditures with respect to the Project from proceeds of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 103 of the Code. 8. The Authority hereby recommends and requests that the Board of Supervisors of the County of Chesterfield, Virginia (the "Board"), approve the issuance of the Bonds within sixty days of the date of the adoption of this resolution. The Authority hereby directs the Secretary of the Authority to submit to the Board this resolution, the Applicant's Fiscal Impact 0041. Statement, and a summary of the public hearing held by the Authority prior to the adoption of this resolution. 9. This resolution shall take effect immediately upon its adoption and shall remain in full force and effect until the first regularly scheduled meeting of the Authority occurring more than two years after the date of adoption of this resolution, at which time it shall terminate unless specifically extended by the Authority. -4- RICHMOND 718279v2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 26, 2001 Item Number: 8.D.l.d. Subject: Resolution Requesting Partial State Reimbursement for Construction of a New Adult Detention Center for Chesterfield County County Administrator's Comments: t,R County Administrator: ~ Board Action Requested: Adoption of the attached resolution. Summary of Information: The Virginia Board of Corrections requires that the Chesterfield County Board of Supervisors approve this resolution prior to their consideration and approval of the recently completed Chesterfield County Community-Based Corrections Plan and Chesterfield County Jail Planning Study. The Adopted 2002-2007 Capital Improvement Program includes funding for the design of this project. Over the past several months, the Sheriff's Office, County Administration and a consultant have completed a revised cost estimate for the entire project. This total cost estimate is significantly higher than the original estimate reflected in the FY2002-2007 Capital Improvement Program. As a result, this increase in anticipated total project costs will need to be addressed during the development of the FY2003-2008 Capital Improvement Program. Preparer: Title: Sheri f f Clarence G. Williams, Jr. Attachments: Yes ~ No [# 004 ~_.J REQUEST FOR PARTIAL STATE REIMBURSEMENT FOR CONSTRUCTION OF A NEW ADULT DETENTION CENTER FOR CHESTERFIELD COUNTY WHEREAS, Chesterfield County has identified a new adult detention center as a priority project in its Adopted FY 2002 - FY2007 Capital Improvement Program; and WHEREAS, the Office of the Sheriff, in conjunction with Chesterfield County Administration has planned for the construction of a new adult detention center by completing a Community-Based Corrections Plan, a Jail Condition Study and a Jail Planning Study; and WHEREAS, Chesterfield County has adopted a Capital Improvement Program that includes a local funding plan for a new adult detention center; and WHEREAS, section 5.a. of item 448 of the 2000 - 2002 Appropriations Act of the Commonwealth of Virginia allows for partial reimbursement of all eligible costs incurred when replacing a local adult detention center with a new local adult detention center that does not result in a net increase in the operational bed capacity; and WHEREAS, the replacement facility is anticipated to be completed in 2005 with State reimbursement requested in 2005; and WHEREAS, Chesterfield County requests an exception to item 448A of the 2000 - 2002 Appropriations Act of the Commonwealth of Virginia by citing section 5.a. as justification for Chesterfield County to obtain State reimbursement of twenty-five percent of all eligible costs of the proposed adult detention center in Chesterfield County; and NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Chesterfield County formally requests approval of state reimbursement of twenty-five percent of all eligible costs for a proposed replacement adult detention center in Chesterfield County in accordance with the exceptions outlined in item 448 of the 2000 - 2002 Appropriations Act of the Commonwealth of Virginia. OC 4 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: 8.D.[.e. Subject: Resolution Naming the Chester Library Building for Elton R. Beverly County Administrator's Comments: County Administrator: Board Action Requested: Consent and Approval of resolution naming the Chester Library Building for Elton R. Beverly at the request of Jack McHale, Bermuda District Supervisor Summary of Information: The County's policy regarding the naming of facilities is to maintain the original facility name (e.g. Chester Library) and name the building after a person who has made substantive contribution (e.g. the Elton R. Beverly Building). WHEREAS, Elton R. Beverly served from 1970 through 1977 as Chairman of the Chesterfield County Public Library Board of Trustees; and WHEREAS, Mr. Beverly spearheaded funding and public support efforts, and oversaw design and construction of the Chester Library on Harrowgate Road, which was dedicated on Sunday, September 18, 1966; and Robert E. Wage~necht - ' Title: Library Director Attachments: -] Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 WHEREAS, Mr. Beverly led the initial library building campaign which resulted in passage on June 27, 1972 (by a 70% margin) of a bond referendum funding a public library system, and then oversaw the design and construction of a Central Library and three additional branches; and WHEREAS, Mr. Beverly has contributed many hours of service to the community including two years as Treasurer of the Chesterfield Red Cross, over five years as Sunday School Superintendent of the Chester United Methodist Church, four years as a member of the Chester/Chesterfield Citizens Advisory Council of the United States Postal Service, and over 25 years as a member of the John Rolfe Players as director, president, treasurer, and actor in over 25 shows; and WHEREAS, Mr. Beverly during his 45 years of service with Allied Chemical Corporation (now Honeywell) was an exemplary employee bringing credit to his department, his corporation, and the community through such activities as coordinating United Givers Fund campaigns and other community action programs, NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby designates the Chester Library building the Elton R. Beverly Building, AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Beverly at the dedication ceremony on Sunday, October 28, 2001 and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. O,C46 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: s.D. 1. f. Subject: Resolution Naming the Chester Library Meeting Room for Maud McLaurine Hurt County Administrator's Comments: County Administrator: Board Action Requested: Consent and Approval of resolution naming the Chester Library Meeting Room for Maud McLaurine Hurt at the request of Jack McHale, Bermuda District Supervisor Summary of Information: WHEREAS, Maud McLaurine Hurt provided inspiration and guidance in making possible a public library in Chester; and WHEREAS, Mrs. Hurt served as President of the Chester Library Board from 1936 until her death in 1956; and Robert-E. Wa~(~nknecht ~ Title: Library Director Attachments: ]Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 WHEKEAS, Mrs. Hurt tirelessly advocated for countywide public library service years before this became a reality; and WHEREAS, Mrs. Hurt is acknowledged to be the "Mother of Chester"; and WHEREAS, Mrs. Hurt was instrumental in the establishment of Chester High School, was a charter member of Chester Baptist Church where she held positions of responsibility for many years, organized the Bermuda Hundred Chapter of the Daughters of the American Revolution and served as regent for 18 years, served as president of the Chesterfield Chapter, United Daughters of the Confederacy, played a major role in the establishment of the Woman's Club of Chester and the Chester Garden Club, both of which she served as president, and helped organize the Chesterfield County Chapter of the American Red Cross which she served as an officer for many years, NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby designates the Chester Library meeting room the Maud McLaurine Hurt Meeting Room, AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to a member of Mrs. Hurt's family at the dedication ceremony on Sunday, October 28, 2001 and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 26, 2001 Item Number: 8.D.2. Subject: Acceptance of a Grant Awarded by the Bureau of Justice Assistance for the FY 2001 Local Law Enforcement Block Grant County Administrator's Comments: County Administrator: Board Action Requested: 1) Authorize the Police Department to accept and appropriate the award from the U.S. Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant in the amount of $81,413, transfer local match of $9,046 and authorize the County Administrator to execute all documents. Summary oflnformation: The Chesterfield County Police Department has been awarded a federal grant from the U.S. Department of Justice, Office of Justice Local Law Enforcement Block Grant Program. The funding will be used to purchase equipment to enhance the police department's community policing and crime prevention efforts. FY2002 Federal $81,413 Local $9,046 Total $90,459 The local match will be funded with Police Department appropriation. Preparer: ~ ~ Title: Chief of Police Celonel Carl R. Baker Attachments: ~-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: Sentember 26~ 2001 Number Bud.qet and ManaRement Comments: The Police Department has been notified of approval of a grant from the U.S. Department of Justice in the amount of $81,413 which will be used to purchase equipment and the necessary supplies to enhance the community policing and crime prevention program. This request is for appropriation of $81,413 in federal grant funds and transfer of $9,046 in local match funds (for a total of $90,459). The local match is available from funds that had been set aside in the FY02 adopted budget for a different grant which was not awarded. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement 0('., CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: Subject: September 26, 2001 Item Number: School Capital Improvement Plan Allocation for FY2002 8.D.3. County Administrator's/~¢_.C_ ~C°mments:¢~,~' County Administrator': Board Action Requested: The School Board requests the Board of Supervisors transfer $6,485,200 from the Reserve for School Capital Improvements to the School CIP fund for the Matoaca High School and the Chesterfield Technical Center projects, transfer $453,625 from the FY01 Major Maintenance project to the Grange Hall and C. E. Curtis Elementary projects, and appropriate State Technology funding of $141,100 of State Technology Grant funding to the James River High School wiring project as per attached resolution. Summary of Information: The School Capital Improvement Plan includes $31,310,000 from the CIP Reserve for fiscal years 1997 through 2002 for major maintenance, technology equipment and infrastructure, as well as other school construction needs. The approved FY2002 County budget contains $6,485,200 of School CIP Reserve funds. Use of these funds must be requested by the School Board and approved by the Board of Supervisors. The approval of this transfer will allow for the continuation of Matoaca High School project ($4.2M) and for restoration of a portion of the funding for the Technical Center ($2,285,200). Preparer: Attachments: Billy('~ Cannaday, J~/E(~). Yes ~ No Title: Superintendent CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 There is also a need to transfer a portion of prior year CIP Reserve funding ($453,625) from the Major Maintenance project to the Grange Hall project for upgraded HVAC and to the C. E. Curtis project for paving. In addition, State technology funds ($141,100) have been set aside to assist with the James River High School wiring project and need to be appropriated in the School Capital Improvement Fund where these expenditures are being recorded. This project is consistent with the FY01 State Technology Grant requirement that funds must first be used to provide the capability of on- line testing at the secondary schools. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetino Date: Sentember 26. 2001 Number Bud.qet and Mana.qement Comments: The School Board took action at the August 28,2001 meeting to request that the County transfer the FY02 adopted School capital project reserve in the amount of $6,485,200 to the school capital projects fund, transfer $453,625 from the FY01 major maintenance projects to increase appropriations to Grange Hall Elementary and Curtis Elementary projects, and appropriate State technology grant funds in the amount of $141,100 for the James River High School wiring project. The new Matoaca High School capital project is currently funded at $43,012,039. This transfer of $4,200,000 will adequately fund projected shortfalls due to much higher than anticipated steel costs and technology requirements. This will bring the total revised budget to $47,212,039. Previous funding identified in the 1996 referendum for the Technical Center was reallocated to other projects. Restoration of $2,285,200 in reserve funding will bring the revised total project budget to $6,015,774. However, in order to continue to move forward with this project, an estimated additional $3 million in debt will need to be issued to sufficiently fund the project. A transfer of $417,625 to the Grange Hall Elementary construction project will fund needed upgrades to the HVAC and bring the revised total budget to $4,417,625. Also requested to be transferred from the major maintenance project is $36,000 for paving at Curtis Elementary which will make the revised budget $4,036,000. The School Board is also requesting appropriation of $141,100 in State technology grant funds to cover wiring for technology at the James River High School. Funds in the amount of $6,485,200 are available in the FY02 Adopted School Capital Projects Reserve to transfer. Subsequent to this transfer, the remaining balance will be $190,287. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement P~S~T: VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, August 28, 2001, at seven-thirty o'clock in the County meeting room at the Chesterfield County Courthouse Complex Marshall W. Trammell, Jr., Chairman James R. Schroeder, D.D.S., Vice Chairman Dianne E. Pettitt Elizabeth B. Davis Lloyd A. Lenhart RESOLUTION WHEREAS funds for the Reserve for School Capital Improvements have been pmgranuned for Matoaca High School and Chesterfield Technical Center projects in FY02; and, WHEREAS those funds have been identified in the approved FY2002 County Annual Financial Plan; and, WHEREAS FY01 State Technology funds have been set aside to help fund the James River High School wiring project; and, WHEREAS the procurement process requires that the funds be available before contracts can be awarded; NOW THEREFORE BE IT RESOLVED, that on motion of Mrs. Davis, seconded by Dr. Schroeder, the School Board does hereby request that the Board of Supervisors transfer $6,485,200 of appropriation from the Reserve for School Capital Improvements to the School Capital Improvement fund in order to fund planned School CIP expenditures, transfer $453,625 from the FY01 Major Maintenance project to the Grange Hall and C. E. Curtis Elementary projects, and increase appropriations by $141,100 for the James River High School wiring project with funding from State Technology grant funds. Pat Bartlam, Clerk to the School Board Billy K.~lannaday, Jr., F_,~I.I~, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~ Date: September 26, 2001 Item Number: 8. D. 4. a. Subject: Transfer $10,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to Purchase and Install Landscaping in the VDOT Rights-of-Way in Riverton Subdivision County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $10,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping in the VDOT rights-of-way in Riverton subdivision. Summary of Information: Mr. Barber has requested the Board to transfer $10,000 from the Midlothian District Improvement Fund to the Parks and Recreation Department to purchase and install landscaping in the VDOT rights-of-way in Riverton subdivision. The Riverton Civic Association initially contacted Mr. Barber with a Community Enhancement Project request to install red maple trees in the VDOT rights-of-way along both sides of James River Road leading to the Riverton subdivision; on both sides of Riverton Ridge Drive upon entering the subdivision; in the VDOT right-of-way turning left onto Waterswatch Way; in the two medians on James River Road; and in the two medians on Waterswatch Way. All areas of enhancement are VDOT property and all proposed materials meet the Virginia Department of Transportation Clear Zone Criteria. The County may use public funds for landscaping which improves public property and benefits the driving public generally. Since the County cannot make donations to homeowners' associations, the $10,000 must be transferred to the Parks and Recreation Department and the Department must hire and pay a landscaping contractor directly. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: '~-.~¢¢.~ '"'~. ~J'C~.~.,~ Title: Director, Budget and Management Rebecca T. Dickson 0423:54578.1 Attachments: Yes ~-~ No Project Funding Application Date application submitted: ~..~L f ,o<OOO/ Name of organization(s): /'~/'~E~ 7-o/L) d/~'/C o Nature of organization(s): In ]'elation to your organizations, answer the following questions: /k"0 Is the organization a corporation'? Yff'5 Is the organization non-profit? Is the organization tax exempt? Please describe the purpose of your group(s) y6'5 Contact Person, Address and Phone Number: Does your organization have By-Laws/Articles of Incorporation? /?/C c,,..:'-~ ¢ 7- Ccd K z3 / ,<' /-7 :c ,'Z Proposed Project Title: Magisterial District(s)in which proposed project will be undertaken: 7. If applicable, list the organizations involved with your coalition and each organization's connection to this proposed project: C:LMy Documents\Community Enhancement Program\Info & Materials\Application~doc Page 2 of 4 8. Proposed Project Description Please be specific - describe actual activities/improvements to take place. If the proposed project involves any physical improvements, please attach a sketch of the property showing all improvements including the location of public property: 9. The following are the goals of the CEP: B. C. D. E. F. Promote community wellness and self-sufficiency; Promote business wellness and self-sufficiency; Develop community, neighborhood and business leadership; Foster community spirit and pride; Demonstrate commitment to plan and provide for the future; Improve communication and understanding between government, communities, neighborhoods and businesses; Promote private-public partnerships to address community issues, and Make better use of taxpayer dollars by addressing problems before they worsen. On a separate sheet, describe how the proposed project meets the CEP goals. Be specific in the anticipated results or products to be produced by the proposed project. For example, explain how your proposed project will promote community wellness and self-sufficiency. 10. Have you read the CEP Project Funding criteria described on the first page of this application? Yes v/' No 11. Describe any experience your organization(s) has had in project management: 13. Amount of proposed CEP Project funding requested: ~, 14. List other sources of funds which will be used to complete this project: C:kMy Documents\Community Enhancement ProgramkInfo & Materials\Application.doc Page 3 o1'4 15. 16. If the proposed project is funded, how will your organization spend CEP Project funds (please be specific - e.g. what will be purchased): After the proposed project has been completed, what are your organization's future plans 17. 18. and projects? Anticipated project start date: c0,",-h r~ue ~ -5'e t::"P, otool Anticipated project completion date: (~. ,~d:O I Revised: October 1997 C:LMy Documents\Community Enhancement Program\Info & Materials~Application.doc Page 4 of 4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: September 26, 2001 Item Number: 8.D.4.b. Subject: Transfer $818 from the Dale District Improvement Fund to the School Board to Purchase and Install Materials for Improvements to Falling Creek Elementary School Playground County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $818 from the Dale District Improvement Fund to the School Board to purchase and install materials for improvements to the playground at Falling Creek Elementary School. Summary of Information: Supervisor Miller has requested the Board to transfer $818 from the Dale District Improvement Fund to the School Board to purchase and install materials for improvements to the playground at Falling Creek Elementary School. At the July 25, 2001 meeting the Board approved'a request for $1,830 to assist in the purchase of new playground equipment, This additional funding will provide landscaping timbers .and sand around the new equipment. The County is legally authorized to give money to the School Board to make public capital improvements on County property. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Yes I--]No Title: Director, Budget and Management 0423:54573.1 ~O'd X96 69~6S~ 9I:&I I00~-~-gRW DISTRICT IMPROVEMENT FUNDS This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will .receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the ap'pllcant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, .will be spent, .q.--[j - _ 1 Is any County Department involved In the project, event or program for which you are seeking funds? If this request for funding will not fully fund individuals or organizations will provide --C~ ~.-~-~7~fvt~ ~z.l;,.~L~ ~[~e~ your activity or program, what other the remainder of the funding? 0407:23380. l If applicant is an organization, answer the following: Is the organization a oorporetion? is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? .Yes No Yes No Yes No ,What is the telephone Lumber, fax number, e-mall address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (If stgnin~ on behalf of an organ[zation} Printed Name o4o7,.2a 35o. I 6~:~0 NO~ AU6-23-2001 13:31 Falling Creek Elementary Cost Estimate New Playground Installation 40X 30 Salt Treatext Timbei's 6 X 6 X 10 11 ~ $22.00 each White Sand 90 Tons ~ $6.40 per Ton $242.00 $576.00 TOTAL $818.00 AUG-23-2001 13:01 TOTAL P.02 P.02 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 26, 2001 Item Number: 8.D.4.c. Subject: Transfer $3,260 in Matoaca District Improvement Fund ~ to Parks and Recreation to Purchase Football Practice Equipment County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $3,260 from the Matoaca District Improvement Fund to the Parks and Recreation Department to purchase a football blocking sled and blocking dummies. Summary of Information' Ms. Humphrey has requested the Board to transfer $3,260 from the Matoaca District Improvement Fund to the Parks and Recreation Department to purchase a new football blocking sled and blocking dummies for the County's youth football program. This request was originally made by the Woolridge Athletic Association. Under state law, the Board cannot give public funds to organizations like the Woolridge Athletic Association. The Board's policy does permit the Board to fund the purchase of capital equipment by Parks and Recreation so long as the capital equipment is needed for the athletic programs sponsored by the Parks and Recreation Department and is generally available for use by the public. The purchase of the football blocking sled and blocking dummies is consistent with the Board's policy. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 0423:54436. ! Attachments: Yes DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) ~/~ ~--~ What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. ,, Is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Yes Is the organization non-profit? Yes Is the organization tax-exempt? Yes What is the address of the applicant making this funding request? No No No .. What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman or vice- ~~chairman of the organization. =signatt~re Title (if signing on behalf of an organization) Printed Name 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: September 26, 2001 Item Number: 8.D.5.a. Subject: Appropriation of Funds for Additions and Renovations to Bailey Bridge Middle School County Administrator's Comments: County Administrator: Board Action Requested: Authorize the appropriation of $250,000 from the School Board's share of FY2001 tax revenue over the budget to the School's Capital Projects Fund for the design of additions/renovations to Bailey Bridge Middle School. Summary of Information: At their September 11 meeting the School Board approved a resolution requesting that the Board of Supervisors appropriate $250,000 from the School's share of FY2001 tax revenue over the budget for the design of additions and renovations to Bailey Bridge Middle School. The School Board contracted with an architect to complete a facility needs assessment in the spring of 2001. Recommendations from the assessment included: Preparer:. Eliminate all trailers and provide permanent space for all instructional programs; Rebecca T. Dickson Title: Director of Budqet & Manaqement Attachments: 0069 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: September 26, 2001 Increase food service dining areas to accommodate more students; Expand indoor physical education facilities to eliminate interference with building circulation areas; Review existing media center space utilization to provide for increased enrollment and adequate office and storage space; and Refine resource area needs for Fine Arts. Current capacity at Bailey Bridge is 1,200 students and the current enrollment is 1,580. Projections for the next five to eight years show little or no relief for Bailey Bridge. Therefore, additional permanent space is warranted with preliminary cost estimates of $5.5 to $6 million. The School Board has capacity for this additional debt and plans on utilizing The Virginia Public School Authority (VPSA) to finance the additions and renovations. Given the lead time necessary to engage an architect, design the addition and renovations, and receive the necessary building permits, the School Board would need to request authorization from the Board of Supervisors to take part in a VPSA sale in the Spring or Fall of 2002. OO?O PRESENT: VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, September 11, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex Marshall W. Trammell, Chairman James R. Schroeder, D.D.S., Vice-Chairman Elizabeth B. Davis Lloyd^. Ixa xt Dianne E. Pettitt RESOLUTION WHEREAS the School Board approved a six-year capital improvement plan on Janumy 9, 2001 that addressed the capital improvement needs in five major categories of which overcrowding relief was the first; and, WHEREAS, the Plan recognized Manchester High School and Bailey Bridge Middle School as the two schools expected to continue to experience significant overcrowding; and WHEREAS, a total of $7,650,600 was included in FY2003 for possible classroom additions; and WHEREAS, the School Board on August 28, 2001 authorized the Superintendent to accelerate a project to provide relief to Bailey Bridge Middle School by issuing a request for proposals to secure the services of an architect and take the necessary steps to seek approval for financing of the project; and WHEREAS, the County Administrator has indicated that sufficient funds will be available from the School Board's share of tax revenue over budget for FY2001 to provide $250,000 for architectmal and engineering services; NOW THEREFORE BE IT RESOLVED, that on motion of Mrs. Pettitt, seconded by Dr. Schroeder, the School Board does hereby request the Board of Supervisors to appropriate $250,000 to the Reserve for School Capital Improvements and transfer these funds to the School CIP for the purpose of securing these services and accelerating a project to provide overcrowding relief to Bailey Bridge Middle School. Patricia W Bartlam, Clerk Billy'"I~. -C~ay, Jr.', S~Perintel~ 0071 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: 8.D.5.b II Su~ect: Appropriation of Funds for the 01d Hundred Road Shoulder Project County Administrator's Comments: County Administrator: ~-~ Board Action Requested: The Board is requested to appropriate an additional $25,000 in anticipated VDOT reimbursements for the Old Hundred Road Shoulder Project. Summary oflnformation: The Board has appropriated $824,040 in anticipated VDOT reimbursements for the Old Hundred Road Shoulder Project. The project is nearing completion. An additional $25,000 in anticipated VDOT reimbursements should be appropriated for additional paving, shoulder and inspection work to complete the project. Recommendation: Staff recommends the Board appropriate $25,000 in anticipated VDOT reimbursements for.the Old Hundred Road Shoulder Project. District: Clover Hill Preparer: ~.J. McCracken AgenS04 Attachments: ~-~ Yes Title: Director of Transportation No 0072 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: Sentember 26. 2001 Number Bud.qet and Manaqement Comments: This request is to appropriate an additional $25,000 of VDOT reimbursements for the Old Hundred Road Shoulder Project. The project currently has appropriations of $824,040 in VDOT reimbursements. This appropriation is necessary to cover the increased costs of the project. Preparer: Rebecca T. Dickson Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: S.D. 6.a. Subject: Set a Public Hearing to Consider Amendments to the County's Land Use Taxation Ordinance to Extend the Current Application Deadline County Administrator's Comments: County Administrator: Board Action Requested: Set a public hearing for October 24, 2001 to consider amendments to the County's Land Use Taxation Ordinance to extend the current application deadline. Summary of Information: Pursuant to state law, the County's Land Use Taxation Program provides reduced real estate taxes for property owners whose real property qualifies under the program. The current county Land Use Taxation Ordinance requires property owners to submit applications no later than November 1st of each year. This does not allow property owners who make changes following the November 1st deadline to take advantage of the tax benefits for the coming year. However, state law allows for a late filing extension of Land Use Taxation Applications with a late fee, if adopted by the Board of Supervisors. Preparer: ,~f-/(~,~ Title: Director, Real Estate Assessments Paul D. PaEen Attachments: Yes ~-] No 0074 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: The attached ordinance amendment would expand the current window of opportunity by 60 days for new participants and those who neglected to file applications or revalidation forms by the original or extended deadlines. This would also allow current participants who make changes after the November 1st deadline to remain active in the Land Use Taxation Program. To the property owner would be the late fee of $25.00, however, this would allow for property owners to qualify for tax benefits applicable to the Land Use Taxation Program. Staff recommends that the Board of Supervisors set a public hearing for October 24, 2001 for consideration of the attached ordinance amendment. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 9-18 RELATING TO LAND USE TAXATION APPLICATIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Section 9-18 of the Code of the Coun~ of ChesterfieM, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9=18. Applications--Required. (a) The owner of any real estate meeting the criteria set forth in Code of Virginia, §§ 58.1-3230 and 58.1-3233(2), may, at least 60 days preceding the tax year for which such taxation is sought, apply to the county assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Code of Virginia, § 58.1-3236, provided that in any year in which a general reassessment is being made the property owner may submit such application until the later of 30 days have elapsed after his notice of increase in assessment is mailed in accordance with the Code of Virginia, § 58.1- 3330, or 60 days preceding the tax year. The application shall be on forms provided by the state department of taxation and supplied by the county assessor and shall include such additional schedules, photographs and drawings as may be required by the county assessor. An application fee of $10.00 shall accompany each application. In addition, an application may be filed within no more than sixty days after the filing deadline specified herein upon payment of a late filing fee of $25.00. (b) A separate application shall be filed for each parcel on the land book. 000 (2) That this ordinance shall become effective immediately upon adoption. 1914:54682.1 0076 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8'.D.6.b. SubJect: Set a Public Hearing to Consider the Leasing of County Property County Administrator's Comments: County Administrator: Board Action Reques~d: Staff requests that the Board of Supervisors set a public hearing for October 10, 2001, at 7:00 p.m. to consider leasing of County property at the Clover Hill Water Tank to Sprintcom, Inc. Summary of Information: Sprintcom, Inc. has submitted a request to lease space on the Clover Hill Water Tank. On April 14, 1999 the Board of Supervisors approved a Conditional Use Planned Development to permit co-location of communications antennae. A public hearing is required to lease County property. Approval is recommended. District: Clover Hill Preparer: John~. Harmon Attachments: ~ Yes No Title: Right of Way Manager # 0077 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: 8. D. 6. ¢. Subject: Set a Public Hearing to Consider an Amendment to the Zoning Ordinance Relating to Flags County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors set October i0, 2001, for a public hearing to consider a zoning ordinance amendment relating to regulations of flags. Summary of Information: On April 25, 2001, the Board of Supervisors approved changes to the County's zoning ordinance relating to flags that limit government flags to 150 square feet, non-government flags to 50 square feet, and total flag area per pole to 150 square feet. In addition, commercial flags can only be displayed with government flags. During the 1990's, the County adopted several initiatives to improve the appearance of business and highway corridors including a more restrictive sign ordinance. Flags also impact the visual appearance of the County and are often used by businesses as attention getting devices. Therefore, staff supports the reasonable regulation of all flags. Preparer: Thomas E.Jacobson Attachments: Yes ~-~ No Title: Director of Planning A:DATNAGENDN2001/SEP2601.1 # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Ms. Humphrey and Mr. Miller requested staff to present to the Board of Supervisors amendments to the zoning ordinance, which would remove the size restriction on the display of the American Flag. Because the First Amendment to the Constitution generally requires that government laws be content-neutral, the removal of the size limitation must apply to all non-commercial flags, not just the American flag. The size limitation on commercial flags does not need to be changed. In addition, the existing ordinance which only allows commercial flags if displayed with a governmental flag improperly conditions commercial speech upon governmental speech and must be removed. On August 22, 2001 the Planning Commission considered three (3) amendments to the zoning ordinance relative to flags. Relative to pole mounted flags, the Commission recommends approval of the amendment noted in the attached Exhibit A which removes the size restriction for non-commercial flags, including the American Flag and allows non- commercial flags to be mounted on flag poles up to seventy-five (75) feet in height. The amendment also allows commercial flags to be displayed without having to display a governmental flag, but the commercial flag would still be subject to a size limitation. Further, the size of commercial flags on a site will be subtracted from the allowable size of freestanding signs on the site. Relative to flags being hung on building walls, the Commission recommends denial of the attached Exhibit B. This option includes language that allows flags to be draped across an exterior wall of a building. Staff recommends that the Board of Supervisors set a public hearing for October ~, 2001, to consider the attached Zoning Ordinance amendments. EXHIBIT A AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-63 9 RELATING TO FLAGS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 19-639 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-639. Flags. Flags do not require sign permits and are allowed so long as: The flag is a noncommercial flag that only depicts the emblem and insignia of a nation, political unit, rrr-an educational, charitable, religious, civic or similar group or is a noncommercial decorative flag. A commercial flag is a flag that is not a noncommercial flag. Commercial one flags are allowed but each commercial flag shall be limited to the same size requirements as freestanding signs (Section 19-649). The size of any freestanding sign allowed on a site shall be reduced by the total square footage of all commercial flags displayed on the site. ~JUl.~l./lli~ ~til. li Ctity ~JVUIIIIIIUIII. tJ.I IIG~, IJIUVLUUU LII~ LkJLO. i O.11;7~ tJ, ~:lii l. iO.~5 5110.11 lltJL noih-esidcnfial coinn:unitie$. ~, Commercial flags must not exceed a height of forty feet and noncommercial flags a height of seventy-five feet. ~, tJ,,~,~ .................... ~ ~11..~.,m,' ~,~ 5,,~,1 not be individually attached to a pole which does not exceed a height of forty feet for commercial flags and seventy-five feet for noncommercial flags. The height of the pole shall be measured in accordance with § 19-647. (2) That this ordinance shall become effective immediately upon adoption. 1914:54455.1 8/22/01 3:20 PM .3 .,80 EXHIBIT B AN ORDINANCE TO AMEND THE CODE OF COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-632 AND 19-639 RELATING TO FLAGS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-632 and 19-639 of the Code of the Coun~ Of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-632. Definitions. For the purposes of sections 19-631 through 19-650, the following words and phrases shall have these meanings: ooo Banner: A sign consisting of a piece of fabric or other similar flexible material, other than a flag or pennant, used to advertise a special promotion or activity. ooo Flag: A sign consisting of a piece of cloth or other flexible material attached to a flag pole~ or light post or mounted on a building and used as a symbol. ooo Sec. 19-639. Flags. Flags do not require sign permits and are allowed so long as: The flag is a noncommercial flag that only depicts the emblem and insignia of a nation, political unit, or-an educational, charitable, religious, civic or similar group or is a noncommercial decorative flag. In addition, commercial one flags are allowed but each commercial flag shall be limited to the same size requirements as freestanding signs (Section 19-649). The size of any freestanding sign allowed on a site shall be reduced by the total square footage of all commercial flags displayed on the site. ---'-:-~ ............... ~ ' Additionally flags must not exceed a height private ---: ~ ........ ~ · _ .....: .... : ............ :A: __ lbbl.bll~,U~ all. iii IIUilI~;;blIJUIII. ICLI bUllllll.llltlUb. , of forty feet. "~.u,,5.~.~,,-,,b.,,o~' flags ~,,,.,-'-" no~ exceed "-"-- aqiia,-e ~' ...... ,,..,~ .............. ' "--- -'-" ...... ~ '= ........ ~--' flag ~,,o~, r, olb,',bbb, ~o,., ~,t-~,~ '~,. Each other than a building mounted flag must be individually attached to a pole which does not exceed a height of forty feet. The height of the pole shall be measured in accordance with § 19-647. (2) That this ordinance shall become effective immediately upon adoption. 1914:54227.1 0 81 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: September 26, 2001 Item Number: 8.D.6.d. Subject: Setting of a Public Hearing Date to Consider the Appropriation of Funds for the Route 360 (Swift Creek to Winterpock Road) Widening Project County Administrator's Comments:,, /~_.c. ~ cZ County Administrator: Board Action Requested: The Board is requested to set a public hearing for October 10, 2001, to appropriate $5,800,000 in anticipated VDOT reimbursements for the Route 360 (Swift Creek to Winterpock Road) Widening Project. Summary of Information: The Board has appropriated $700,000 in anticipated VDOT reimbursements for the design of the Route 360 (Swift Creek to Winterpock Road) Widening Project. The County is managing the design of the project, under the customary contract with VDOT, and will be reimbursed by VDOT for the project costs. The Route 360 project will be constructed in two stages: a "bridge project" and a "road project." To accelerate the construction of the projects, VDOT has agreed to allow the County to also manage the acquisition of the right- of-way for both the road and bridge projects, and may allow the County to manage the construction of the road project. VDOT will be managing the bridge project construction. (Continued on Page 2) Preparer: .J. McCracken Agen 501 Title:Director of Transportation Attachments: Yes [--~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin~l Date: September 26, 2001 Item Number: The estimated cost of the right-of-way acquisition for the bridge project is $450,000. The estimated cost of the right-of-way and construction for the road project is $5,350,000. A public hearing is required for appropriations of $500,000 or greater. If the County agrees to manage the construction of the road project, the existing VDOT/County project design and right-of-way acquisition agreement, authorized by the Board in 1999, will need to be modified to include County construction. Recommendation: Staff recommends the Board set October 10, 2001, as the public hearing date to consider the appropriation of $5,800,000 for the Route 360 Widening Project (Road/Bridge Right-of Way and Road Construction). District: Clover Hill and Matoaca CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetino Date: Seotember 26. 2001 Number Bud.qet and Mana.qement Comments: This request is to schedule a public hearing to consider the appropriation of $5,800,000 in anticipated VDOT reimbursements for the Route 360 (Swift Creek to Winterpock Road) Widening Project. This appropriation will be used for right-of-way acquisition for bridge reconstruction and widening as well as the construction of the road project in order to accelerate it. Preparer: ~./~-0~'~~ ~ i'(~-~'~itle: Director, Budget & Manaqement Rebecca T. Dickson ROUTE 360 WIDENING PROJECT (6 & 8 LANES) (0.4 MILE EAST of SWIFT CREEK to 0.2 MILE WEST of WINTERPOCK ROAD) PROPOSED PROJECT N $ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: September 26, 2001 Item Number: 8.D. 7. Subject: Adoption of Petition Supporting the Formation of Separate Soil and Water Conservation District for Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached petition requesting formation of a separate Soil and Water Conservation District for Chesterfield County. Summary of Information: Chesterfield County has partnered with Prince George County since the mid 40's forming the James River Soil and Water Conservation District (JRSWCD). Henrico, also an original partner, withdrew and formed a separate district in 1975. The JRSWCD (a separate political subdivision of the state) was established as a (grassroots) conservation delivery network that identifies problems and helps guide solutions to soil and water conservation issues. Funding for the James River SWCD comes from the Department of Conservation and Recreation, Chesterfield and Prince George County Governments and is supplemented by grants, donations and other fund-raising activities. Oversight for the District is provided by a Board of Directors (four elected [two from each county] and two appointed [one at large and one Extension Agent]). While Chesterfield County continues to have agricultural needs, which can be served by the JRSWCD, the urban pressures on soil and water conservation are increasing rapidly. Employees of the JRSWCD are charged with working both jurisdictions. The office for the JRSWCD is located at the Prince George Government Center. Chesterfield County currently provides a contribution of $2,500.00 per year for JRSWCD program support. This is to request the Board of Supervisors to petition the Virginia Soil and Water Conservation Board to establish the Chesterfield Soil and Water Conservation District, which would address the conservation needs of Chesterfield County. Formation of such district would: Preparer:~~/~ ~ ~ Title: Deputy County Administrator Bradford S. Hammer A~achments: Yes No I I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Increase access to SWCD services for Chesterfield residents and businesses. Enable the SWCD to be more directly involved with other county departments. Allow the SWCD Board to be comprised totally of Chesterfield County residents. Allow SWCD staff to work solely in Chesterfield COunty. In order to accomplish this change Chesterfield County would need to provide the following: a. office space and telephone access for two district employees bo general fund budget appropriation of approximately $16,000 the first year (based on current DCR funding) c. access to the County health care program for district employees Upon receipt of the petition, the Virginia Soil and Water Conservation Board would set a public meeting to receive input on the proposed new district. 008~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetinc~ Date: Sentember 26. 2001 Number Budget and Mana.qement Comments: This item requests that the Board adopt a petition that would facilitate the formation of a separate Soil and Water Conservation District for Chesterfield County. The County is currently providing the joint James River Soil and Water Conservation District (JRSWCD) with $2,500 in Community Contract funding in FY2002. If the Virginia Soil and Water Conservation Board approves this formation (subsequent to approval by the Board of Supervisors), the County would be expected to provide additional space and funding within the Extension Service Department. Due to the anticipated timing of this approval process, there is not expected to be much (if any) financial impact in the current fiscal year. However, beginning in FY2003, a recurring annual cost of approximately $16,000 would be incurred for program support and assistance with health care costs. This cost would need to be addressed with general funds, less the allocation previously designated from Community Contracts. Preparer: ~--~~ '~l~ ~ Title: Director, Budflet & Manaqement Rebecca T. Dickson Petition of Chesterfield County Board of Supervisors To Virginia Soil & Water Conservation Board The Chesterfield County Board of Supervisors has determined that there is need, in the interest of public health, safety and welfare, for a new district to function in the territory described below, the grounds upon which that determination is based being as followS: (A) The rapidly expanding area of available conservation programs, which require the expertise and assistance of the technicians employed by local. Soil and Water Conservation' Districts and to better serve its constituents by increasing manpower and funding through the creation an additional district. (B) The increasing need for advice and assistance to the citizens and businesses within Chesterfield County to address natural resource conservation concerns of this rapidly urbanizing county. (c) The ability to minimize the logistical difficulties of providing technical assistance encountered by serving an immense geographic area with terrain and accessibility challenges and the desire to spend less travel time between governmental entities in order to focus a greater percentage of time on local concerns. (D) A need for a separate local Board, knowledgeable in local issues, to serve Chesterfield County only, thus realignment would allow a greater amount of accessibility to the directors by their constituents by having meetings locally where local people could voice local concems. Accordingly, the Chesterfield County Board of Supervisors hereby petition the Virginia Soil and Water Conservation Board as follows: (1) (2) (3) That the proposed name of the new district shall be the Chesterfield Soil and Water Conservation District. That the territory proposed t° be organized as a district shall include the entire area within the boundaries of Chesterfield County. That the Soil and Water Conservation Board is hereby required to define the boundaries of the proposed district, to' conduct a hearing within the territory so defined on the question of the creation of a district in such territory, and to determine that such a district be created. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: s.D. 8. Su~ect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: BERMITDA: CLOVER HILL: DALE: MATOACA: MIDLOTHIAN: Amstel Bluff, Section D Duckridge Boulevard Meadowbrook Farm, Section G Rivers Trace, Section A Salisbury Village Townhouses Preparer: Richard Attachments: ---]No Title: Director of Environmental Engineering 0~90 TO: Board of Supervisors FRONt Dzpmm~t of Environncental Engineering SUBJECT: State Road Acceptance - AMSTEL BLUFF, SEC. D DISTRICt: BERMUDA MEFrlING DATE: 26 September 2001 ROADS FOR CONSIDERATION: H[GHCREST RIDGE DR sWWrROCK RIDCiE CT SWWrRO(~ RI[lifE DR SWlFrR(X2K RIDGE PL SWlFIR~ RIDGE TER Vicinity Map: AMSTEL BIJ3FF, SEC. D OOB . TO: Board of Superdsors FRO~ Depatmmt of Environnmtal Engineering SUBJECT: State Road Acceptance - DUCKRIDC~ BLVD DISTRICT: CLOVER 1-111 MBF. TING DATE: 26 Sc-ptm']l:~ 2001 ROADS FOR CONSIDERATION: DUCKRIDGE BLVD Vicinity Map: DUCKRIDGE BLVD TO: Board of Supervisom FROM2 Depmmmt of Environnmtal Engin~g SUBJECT: State Road Acceptance - MEADOWBR~KF~ SEC. G DISTRICT: DAI F, MEETING DATE: 26 September 2001 ROADS FOR CONSIDERATION: COUNTRY MANOR LN IRONHORSE CT IRONHORSE RD VICTORIA PARK WAY Vicinity Map: MEADOWBROOK FARM, SEC. G COUNTRY roduced by Chesterfield County TO: Board of Supewis~ FROM~ Depmmmt of Environrmntal Engineering SUBJECT: State Road Acceptance - R1VERS TRACE, SEC. A DISTRICT: MATOACA MC-;ETING DATE: 26 September 2001 ROADS FOR CONSIDERATION: CORTE CASTLE RD DEWLIN DR WILD TURKEY RUN Vicinity Map: RIVERS TRACE, SEC. A TO: Board of S~sors FRO5/[ ~t of Environrmntal Engineering SUBJECT: State Road Acceptance - SALISBURY VII I AGE TOWNHOUSES MFF, TING DATE: 26 September 2001 ROADS FOR CONSIDERATION: TURNBERRY RD Vicinity Map: SALISBURY VII ,l ,AGE TOWNHOUSES ARRANDELL RD__ , ~ '%1 00'35 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8. D. 9. Subject: Street Name Changes County Administrator's Comments- County Administrator: Board Action Requested: The Board of Supervisors is requested to approve renaming portions of Coalfield Road and Old Hundred Road to Charter Colony Parkway. Summary of Information: With the construction of Route 288, the intersection at Charter Colony Parkway, Center Pointe Parkway, and Coalfield Road will be realigned making Charter Colony Parkway from Route 60 to Genito Road a through road. Although addresses exist off Old Hundred Road and this section of Coalfield Road, there are no residential dwellings or commercial structures that will be affected. Staff Recommendations: Staff recommends that the Board of Supervisors approve renaming approximately 3000' of Coalfield Road from its intersection with existing Center Pointe Parkway to Powhite Parkway extension and approximately 4000' of Old Hundred Road from Powhite Parkway south to its intersection with Genito Road to Charter Colony Parkway. District: Matoaca and Clover Hill Preparer: Richa~M. - McEIfish Attachments: Yes ~ No Title: Director of Environmental Engineering Parcel Map of Chesterfield County Chesterfield County assumes no legal respowsibility for the infonv, aion contained on this map. This map is not to be used for land conveyance. The horizontal data is based on the VA State Plane Coordinate system, NAD 1983. The topographic information is based on 1989 photogranamt~ and NAVD29. 1400 0 1400 Feet N ~lfield Rd [~ __ to -~ ~arter ~lOny p~ Center Pointe Pkwy..% Old HUndred Rd Old HUndred Rd to Charter ~lony Pkwy ~nito Rd Old Hundred Rd S ] __ Printed by: Environmental Engineering Date: Wed Aug 29 09:36:24 2001 Copyright 2001. Chesterfield County 0097 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8. D. 10. a. Subject: Approval of Utility Contract for FOxFire, Number 00-0203 Section 6 - Contract County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 225 L.F.± of 15" oversized sewer lines. The Developer is required to have an 8" sewer line to serve his development. Staff has requested that the sewer lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Delmarva Properties, Inc. Infracorps of Virginia, Inc. Contract Amount: Estimated County Cost for Oversizing $2,925.00 Estimated Developer Cost ....... $101,390.00 Estimated Total ........... $104,315.00 Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4C District: ~aMa oaca Preparer: ~~~""/~~- Title: Assistant Director /J. E. Beck, Jr. Attachments: Yes ~'~ No VICINITY SKETCH FoxFire, Section 6 County Project # 00-0203 Proposed 15" Sewerline Project # 00-0203 Proposed FoxFire Section 6 Chesterfield County Department of Utilities Development Section CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: September 26, 2001 Item Number: fiFllflh Subject: Approval of Utility Contract for Watermill Parkway/Woolridge Road Extension Phase I - Contract Number 00-0037 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 1,980 L.F.± of 16" oversized water lines. The Developer is required to have a 12" water line to serve his development. Staff has requested that the water lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Reservoir Land Associates R.M.C. Contractors, Inc. Contract Amount: Estimated County Cost for Oversizing $41,370.00 Estimated Developer Cost ....... $123,862.00 Estimated Total ........... $165,232.00 Code: (Refunds thru Connections - Oversizing) 5B-572VO-E4C District: atoaca Preparer: ~x/ J. E.k~k, Jr. Title: Assistant Director Attachments' Yes [---] No VICINITY SKETCH Watermill Pkwy/Woolridge Rd Extension County Project Number 00-0037 Ph Proposed G Chesterfield County Department of Utilities Development Section CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: September26, 2001 Item Number: 8. D. 10. c. Subject: Approval of Utility Contract for Hampton Park, Section 16 - Contract Number 01-0110 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project includes the extension of 533 L.F.± of 15" oversized wastewater lines. The Developer is required to have an 8" wastewater line to serve his development. Staff has requested that the wastewater lines be oversized to provide service to adjoining properties. In accordance with the ordinance, the Developer is entitled to refunds for the construction cost of the oversized improvements. Developer: Contractor: Hampton Park Associates, LLC R.M.C. Contractors, Inc. Contract Amount: Estimated County Cost for Oversizing Estimated Developer Cost ....... Estimated Total ........... Code: (Refunds thru Connections - Oversizing) District: ~atoaca Preparer: ~~c~,-. . Jr. ' Title: $7,041.00 $69,876.50 $76,917.50 5N-572VO-E4C Assistant Director Attachments: Yes ~-~ No VICINITY SKETCH Hampton Park Section 16 County Project # 01-0110 Proposed Hampton Park~ Section 16 Project it Proposed Sewer Line Project it 01-0110 Chesterfield County Department of Utilities Development Section 0103 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: September 26, 2001 Item Number: Subject: Request to Vacate and Rededicate a Sixteen Foot Drainage Easement (Public) Across the Property of Bon Secours -Richmond Health System County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement to vacate and rededicate a 16' drainage easement (public) across the property of Bon Secours - Richmond Health System. Summary of Information: Timmons, has requested the relocation of a 16' drainage easement (public) across the property of Bon Secours - Richmond Health System. Staff has reviewed the request and recommends approval. District: Matoaca Preparer: j~ ohn W. Harmon Attachments: Yes No I I Title: Right of Way Manager VICINITY SKETCH Request to vacate and rededicate a 16' drainage easement (public), across the property of Bon Secours-Richmond Health System Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D. ll.b. Subject: Request to Vacate and Rededicate a Sixteen Foot and Variable Width Water Easement Across the Property of Bon Secours -Richmond Health System County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an agreement to vacate and rededicate a 16' and variable width water easement across the property of Bon Secours - Richmond Health System. Summary of Information' Timmons, has requested the relocation of a 16' and variable width water easement across the property of Bon Secours - Richmond Health System. Staff has reviewed the request and recommends approval. District: Matoaca Attachments: Yes ~ No Title: Right of Way Manager # 0107 VICINITY SKETCH Request to vacate and rededicate a 16' and variable width water easement, across the property of Bon Secours-Richmond Health System Chesterfield County Department of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.a. Subject: Acceptance of a Parcel of Land Along the South Right of Way Line of Willis Road from Bradley J. Talley County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.144 acres along the south right of way line of Willis Road (State Route 613) from Bradley J. Talley, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed District: Bermuda John W. Harmon Yes ~ No Attachments: I I Title: Right of Way Manager 0110 VICINITY SKETCH Acceptance of a parcel of land along the south right of way line of Willis Road from Bradley J. Talley KINGSDALE FID REYMET RD CROSSBLADES ST Chesterfield County Department of Utilities Right Of Way Office 0111g ~z .~ ~. ~ ~ GRA VEL P/? FARMS ~ ~ ~ ~ ~ BRADLEY J. ?ALLEY ~ ~'~.~ g~409 WILLIS ROAD 7884:k 70 THE EAST / /IVE OF COA CH ROAD. PARCE£ TO BE DEDIOA TED TO CHESTER~EI_D ¢0. ~/w PER \ ~49. 8 IV 79'06 '26" E Al=3, 672, 498. 3 ~ 349. 85' E= ~ L 799, 358. 53 WILLIS ROAD STAr£ ROar£ ~73 I~H~'o~ard L. EN~'R. ~u,w,,,~w,~ DEDiCA TEO TO CHESTERFIELD OOUIVT'~, ~.~ ' ' ~ - 8GALE: 1"=60' REVISED PER COUNTY CHE$I-ERFIELO COUNTY; VIRGINIA COMMENTS: 07-18-01 JOB NO: C00001 83.00 0 60 ~0 ? ~0 OOUNTY SITE PLAN #01 PRO221 0 ^~ - ASSOOIAT~S ,S"co/e 7"= 60' 501 Branchway Road - Suite 100 · Richmond, Virginia 23236- Phone (804) 794-0571 · Fax (804) 794-2635 11038 Lakeridge Parkway. Suite 1 - Ashland, Virginia 23005 · Phone (804) 550-2888 · Fax (804) 550-2057 REFLECTING TOMORROW CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.b. SubJect: Acceptance of a Parcel of Land Along the South Right of Way Line of Bellwood Road from E. I. Du Pont de Nemours and Company County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.019 acres along the South right of way line of Bellwood Road (State Route 656) from E. I. Du Pont de Nemours and Company, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Bermuda John W. Harmon Title: Right of Way Manager Attachments: Yes [-~No VICINITY SKETCH Acceptance of a parcel of land along the south right of way line of Bellwood Road from E.I. duPONT de NEMOURS & COMPANY GwYNN AU CROSSBLADES ST Chesterfield County Department of Utilities Right Of Way Office COUNTY CASE ~ 01PR0273 COUNTY PROJECT #t 01-0206 NOTES I.) OJffVER. REFERENCE & TAX PARCEL NO.: E.I. DUPONT de NEMOURS AND 00. D.B. 298, PG. 307, D.B. 298 PG. $12, D.B. 298 PG. 310 GPIN: 798-676-9824-00000 2.) THIS PROPERTY IS LOCATED IN ZONE 'C" OF THE HUD DEFINED FLOOD HAZARD AREA AS SHOWN ON COMMUNITY PANEL NO. 510035 0092 B AND PANEL NO. 510035 0064 B, DATED 3-16-8,3. THIS SURVEY WAS COMP/LED FROM RECORD~ NO FIELD WORK I/YAS DONE IN CONJUNCTION I~TH THIS PLAT. El. DUPONT de NEMOURS AND CO. D.B. 298 PG. 307 D.B. 298 PG. D.B. 298 PG. ..712 GPIN 798-676-9824-00000 1¢e1201 BELLWOOD ROAD £ ,__...--.--'""- E. I. DUPONT de NEMOURS AND CO. ~''"'"'" D.B. 298 PG. ,,711 GPIN: 798-676-9824-00000 ,4N201 BELL WOOD ROAD COMPILED PLAT SHOWINC 0.019 ACRE OF LAND LYINC ON THE SOUTH LINE OF STATE ROUTE 656 - BELL~rOOD ROAD EAST UNE OF ~ · 'I ~, :~ HAVEN AVENUE ~ ~ · El. DUPONT de NEM~RS AND CO. ~ 0.8. 298 PG. 310 II D.B. 298 PG. 312 II -~ ~IN 798-676-9~4-0~0 II BERMUDA DISTRICT . CHESTERFIELD COUNTY, VIRCINIA . ~fc; ~'~'~ , J 8803 STAPLES IDYLL ROAD J J RICHMOND, V1RGINIA ~3228--2014 J ~'w'4 rTELEPHONE: (804)262--7396 FAX: (804')266-72191 AUGUST 3, 2001 - PER COUNTY JDRAWN ~Y: H.T. STEPHENSON J CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.c. Subject: Acceptance of Two Parcels of Land; One Along the East Right of Way Line of Belmont Road; and, One Along the North Right of Way Line of Cogbill Road from Walter W. Marsh and Charlotte Ann Marsh County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of two parcels of land; one containing 0.1843 acres along the east right of way line of Belmont Road (Route 651); and, one containing 0.396 acres along the north right of way line of Cogbill Road (Route 638) from Walter W. Marsh and Charlotte Ann Marsh, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Joh'h W. Harmon Yes ~ No Attachments: I I Title: Right of Way Manager '0116 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF BELMONT ROAD FROM WALTER W. MARSH AND CHARLO'FI-E ANN MARSH 0 I CO, Chesterfield County Department of Utilities Right O[ Way Office CADD- C: \PRODATA\CLAYR.PRO N .,., o1~ ~.~ ~ o. ~. t~~ ~-~-~ %% ~ ~ : : /~ Pl~ ~ Four P~rcels Of Land Required For J J~~er W. S Charlotte Ann Narsh - Parcel B, ~'~~ R~y ~. and Sharon D. Womack - Parcel D, BODIB CONSUL~NG ENGINEERS, INC. Date: Aug. 28, ZOO0 E~nS~ Scale : ~" ~ ~00' F.N. 14460.04 CADD-- C:\.PRODATA\ELAYR.PRO N ~ ,'co'~': 763-677-7240 - o ~ o o,,, ;~: Walter W. G C~ar]otte Ann ,/~/ D.B. 3075, Pg.706 / / ZONED A ,,'~,,~ ~ ~ ..'~',.,? % ..... ........................ ............ .... .... 82. ........ ~our~ aa ........ "--......... 8} ~0' R -.......... " ...., COu~ ~ ,. '~ 0 F 4~o~t Che~te~f~e, C°mDlex ~ Plat Of 0.396 Acres Right Of Way Required For Cogbi]] and Belmont Road Widening Across The Property Of Waiter W. ~ Charlotte Ann Marsh In Dale Magisterial District, Chesterfield County, Virginia Date: Aug, 28, 2000 Scale : l" - JO0' BODIE CONSULTING ENGINEERS, INC. F.N. i4460.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.d. Subject: Acceptance of a Parcel of Land Along the North Right of Way Line of Belmont Road from Fair Havens Independent Methodist Church County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.144 acres from Fair Havens Independent Methodist Church, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.144 acres along the north right of way line of Belmont Road (State Route 651). This dedication is for the development of Five Forks Village South, Section 1. District: Dale John'W. Harmon Attachments: Yes ~-] No Title: Right of Way Manager O1;gO · VICINITY SKIETCH Acceptance of a parcel of land along the north right of way line of Belmont Road from Fair Havens Independent Methodist Church Chesterfield County Department of Utilities Right Of Way Office G.P.I,N, 762-678-0741 ENCORE HOMES, LLC D.B. 3594 PG. 930 ZONE'D: R-9 11,762,393. 1591 3,677,731.7636 NcU1ME~ER CHORD BEARING TANGENT RADIUS LENGTH I CHORD S25'32'12"£ 61.32 448.95 12f.89 f21.52 C2 S14'06'52"E 28.59 4.48.95 57.11 57,07 C3 N60'45'55"E 57,87 $65.81 114,79 114.$2 C4 S69'01'34"W f6.02 ;1259.90 32.04 32.04. C5 N56'50'40"E 9.89 723. 03 19. 78 19. 78 C6 N49'25'47"E 83.64 718.94 166.53 166.16 C7 NOS*IS'O7"W 17.00 448,95 3.5,98 33.97 G.P.I.N. 762-677-4033 FAIR HAVENS INDEPENDENT METHO~ST CHURCH CO. PROJ. 00-0062 D.B. 1577 PC. 865 t~t8200 BELMONT ROAD 60' COMMONIFEAL TH NATURAL GAS CORP. EASEMENT D.B. 505 PG. 150 PROPOSED 90' R/W c c =IRTMI EXISTING R/IF I /D.B. 1695 PG. ,30 '/ Co~o~ ~d ~te ~ sco~e: 1"=100' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.e.1. Subject: Acceptance of a Parcel of Land Along the East Right of Way Line of Belmont Road from Randy L. Crist County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.0209 acres along the east right of way line of Belmont Road (State Route 651) from Randy L. Crist, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Preparer: ~~ ?._/. John W. Harmon Attachments: Ycs -~No Title: Right of Way Manager O~.Z3 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF BELMO~ ROAD FROM RANDY L. CRIST Chesterfield County Department of Utilities Right 01: Way Office 0124 CAOD- C: ",PROOATA\CLAYR.PRO ~ ~ , I . ~ ~/ : ~~t O¢ :ou~ .ParceZs Of Land Required For ~[ //~' ~e~mont Road ~idening Across T~e Property Of / //~- Wa~ter N. 8 Charlotte Ann Harsh - Parcel B, ~ / ~ Will~am S. Crostic dr. and Nartha Crostic -. Parcel C, ~ Randy W, and Sharon D. Womack - Parcel O. ~ ~ And Randy L. Crist - Par-ce] E In Dale Wa isterial ~ ~~~s~&ct, C~estenfze]d County, V~ng&nJa ~/.~ ~ BODI~ CONSULTING ~N~IN~RS, INC. Date: ~ug. ~8. 2000 0125 F.N. ~4460.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: Subject: Acceptance of a Parcel of Land ~long the East Right of Way Line of Belmont Road from William S. Crostic, Sr. and Martha D. Crostic County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.1495 acres along the east right of way line of Belmont Road (Route 651) from William S. Crostic, Sr. and Martha D. Crostic, and authorize the County Administrator to execute the necessary deed. Summary of Information' It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale John W. Harmon Attachments: Yes -~No Title: Right of Way Manager CAOD- C: \PRODATA\CLAYR,PRO Oate: Aug. 28, 2000 .% I -~, u439 I~ CLYDE O.BCDTE. JR.;t Plat Of Four Parcels Of Land Required For Belmont Road Widening Across The Property Of wa]ret W. S Charlotte Ann Harsh - Parcel 8, W~ll~am S. Crost~c Jr. anU Martna Crost~c - Parcel C, Randy ~. and Sharon D. Womack - Parcel D, And Ran~y L. Crist - Parcel E In Da~e Ma§~ster~a~ Distr~ct, Chesterfield County, Virginia BODIE CONSULTING ENGINEERS, INC. Scale : ~" =, ~00 01;:7 F:.N. ~44E~O.G,: CINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE F~.ST RIGHT OF WAY LINE OF BELMONT ROAD FROM WILLIAM S. CROSTIC, SR. AND MARTHA D. CROSTIC Chesterfield County DepaKment of Utilities Right Of Way Office CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.e.3. SubJect: Acceptance of a Parcel of Land Along the East Right of Way Line of Belmont Road from Randy W. Womack and Sharon D. Womack, and D. N. Cole, Inc. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.1521 acres along the east right of way line of Belmont Road (Route 651) from Randy W. Womack and Sharon D. Womack, and D. N. Cole, Inc., a Virginia ~orporation, and authorize the County Administrator to execute the necessary deeds. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as.shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Joh"h W. Harmon Attachments: Yes --INo Title: Right of Way Manager # 01Z9 VICI NITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE EAST RIGHT OF WAY LINE OF BELMONT ROAD FROM RANDY W. WOMACK & SHARON D. WOMACK AND D. N. COLE, INC., A VIRGINIA CORPORATION CO Chesterfield County Department of Utilities Right Of Way Office 013~ CADD- C: \PRODATA\CLAYR.PRO N ~.~z / ! ! ! / ~. u43g ' ; ~:/ ~ N 3 ~ . No. OOJ~O~ ~ ~i : /~ ~]at Of Four Pance]s Of Land Required Foe ~ ~i //e' Belmont nord Widening Aceoss The Ppo~eety Of / /~ Walter W. g Charlotte Ann Namsh - Parcel B, ~= / //e William S. Crostic Jr. and Hartha Crost~c -. Parcel C, ~t~~ Randy W. and Sharon D. Womack - Parc al D, ~o' / ~ And Randy L grist - Par-ce]. E In Dale Ha ister ~r : ~ .--;~ DSstP~ct. Chestepf~eld gounty, V~p~inia ... . ,,' ,; ~ ~J ~A~c~o Scale : ~" :, ~00' 0131 460.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8,D.12.f. Subject: Acceptance of a Parcel of Land Along the South Right of Way Line of Hull Street Road from Verizon, Inc. County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.08 acres along the south right of way line of Hull Street Road (U.S. Route 360) from Verizon, Inc. successor in interest to the Chesapeake and Potomac Telephone Company of Virginia, a Virginia corporation, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: John W. Harmon Attachments: Title: Right of Way Manager 0132 VICINITY SKETCH Acceptance of a parcel of land along the south right of way line of Hull Street Road from Verizon, Inc. successor and interest to The Chesapeake and Potomac Telephone Company of Virginia C~O4/L w oOo ~D Chesterfield County Department of Utilities Right Of Way Office 0133~"' I CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD DIREC770N CHORD DISTANCE Cl 38.25' 2~,(~)' 87'39'53' 24.00' NI4~g'32'E 34.83' C2 1.03' 25.00' 2~1'46' 0.52' N301)1'18"W 1.03' 0 007~1~ . fp, ~¢ ~ N 367~9~.~299 ',~ V ~-~' o.~ ~ ~ T~X ~0.: ~' ' ~E ~ESAPEAK~ ..... '' ~ ~01 HU~ S~T ROAD DETAIL 1~ O.B. 11~, PO. ~1__ / ~ ~. ~ / ...... ~b ......... .~o~ ~ ~ / ~ ~_ C~P~NY ~ ~R~N~ ~ ~ D~AIL 1 ~ ~ TAX NO. ~ ~. D.B. 1149, PG. 541 ~ C~PANY ~ ~R~NIA / TAX NO. LOT ~ ~o~~ / ~ / AND L1 I 20.00 I S31?2'12"E ~llg M~IN~IRD ~NE D.B. ~72~ PG. co. ~,~ ~-o~, co. c~= ~,~,o~o~ ~ COMPILED PLAT SHOWING 0.08 ACRE DEDICATION ACROSS THE LANDS OF THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA ~A~ACA DISmICT . CHESmRRr!~ C~N~ .R~NIA ' ~ ~~ RE~ 8-~7-2~1 DraperAden Associates ,~,~, ~u_, ~ I ~ ~t ~ DRA~N ~ym RWT ~CKED ~ym LOW ~ v~ ~. v~ .~~. ~ P~N NO. L- R00521-02 ROO521- O1. DWG CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September26, 2001 Item Number: 87Dr12T~' Su~ect: Acceptance of a Parcel of Land Along the West Right of Way Line of Pocoshock Boulevard from Brenley Associates County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 0.1012 acres from Brenley Associates, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.1012 acres along the west right of way line of Pocoshock Boulevard (State Route 733). This dedication is for the development of the Pocoshock Post Office. Approval is recommended. District: Clover Hill Preparer: c~/~,,~ ?..j, John~W. Harmon Title: Right of Way Manager Attachments: Ycs No 0135 VICINITY SKETCH Acceptance of a parcel of land situated west of the right of way line of Pocoshock Boulevard from Brenley Associates DELL F_ BOWLi~ 6O DR CT n~ z ~ELVILLp: DR ~. Chesterfield County Department of Utilities Right Of Way Office ~ ,, ~/~ ,o& 3NV~ ~1V18 AOV1 9g9~g6999L :NId9 $3~0V ~gg'O 69L[ Od gZZL 80 gg~GBgggz :NId9 S3MOV 609'0 S3IVIOOSSV A3IN3M8 0113"2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.h. Subject: Acceptance of Two Parcels of Land Along the North Right of Way Line of Hull Street Road from Selected Investment Holdings, L.L.C. County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors accept the conveyance of two parcels of land containing a total of 0.058 acres from Selected Investment Holdings, L.L.C., and authorize the County Administrator to execute the necessary 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 these parcels conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Clover Hill Preparer: ~.~,~/~ -~/. ~',~,.....,,~ Joh n'"W. Harmon Title: Right of Way Manager Attachments: Ycs -]No VICINITY SKETCH Acceptance of two parcels of land along the north right of way line of Hull Street Road from Selected Investment Holdings, L.L.C. wc ~ET ANTLERI Chesterfield County Department of Utilities Right Of Way Office 0iL{'. COUNTY SITE PLAN SELECTED INVESTI~ENT HOLDINGS, L.L.C COUNTY PROJ£C7 ~ZO DS.'J~69 PG:522 PIN ~730-675-8432-00000 ]591 ~ HARBOUR tN 0 60 276,257.6 SO.F~ ~ 6. J42 ACRES ~ ~ L~ DB.'J969SELECKEDpo'522[NVES[WEN[ HOLDINGS, ~ ~ PIN ~7J0-675-800~-00000 ~ ~ ~3438 HULL STREET ~ ~ ~ ~5,027.5 SO.F[ [0 ~ D~.'~024 P0.'482 HARBOUR POINTE / . HULL STREET ROAD R/~ PER ~. ~. ~OU[E ~60 DB: 1024 PG.'47J V~. ~/D~ R.O,~ NUMB~ D/~CT/ON D/STANCE L ~ N 58'50 '20" [ J5. ~6' L2 ~ 58'50'20" ~ ~. L5 S 58'50'20" W ~7.95' L6 N 5 ~ '09 '40 " W ~ 0. 00 ' L 7 N 29'52 '40" E 20. LENGTH~ RADIUS TAN CHORD BEARING CHORD OEL[A C~ ~64.85 2806.79 82.45 S 57'09'~9" W ~64.82 05'2~'54" C2 2~5.4~ 2570.68 ~17.80 ,~ 54'4~'45" E 2~5.55 05'~4'5Z CHZ'O~. P~T SHO~ING 0.058 ACRE OF ~c'~. [0 BE OEO/CA TED TO SURVEY D. A.D. DA TF' 7- D Z- 2 00 Z CHESTERFIELD. C O UN ~ RE~'8- 10-200 l SCAL~. l '~60' CLOVER HILL DUSTRICT P~NNERS · ARCHITECTS · ENGINEERS - SURVEYORS ' 208 Oorpor~te Oircle. ~o~noke. Virgini~ 240, 8. Phon~ (~) ~2_~80. F~ (540) ~2_8050 ~ ~ ~88 E~rid~ P~y ~ ~uit~ ~ ~ A~hl~nd, Vir~ni~ 2800~ · Phon~ (804) ~0-~888 · ~ (804) ~0~20~ ~L~TI~ NU/WBER O/R£C T/ON O/STANCE L ~ N 58'50 70" ~ 35. 76' ~Howard L. Van, L2 ~ 58'5o'2o"E 66.32' ~ No. 1854 L3 S 49'28'35" W 136.24' L6 N J ~ '09 '40 " W I0.00' Z 7 N 29'J2'~0" E 20. NUWBER LENOTH RADIUS TAN CHORD BEAR/NC CHORD OEL TA C~ ~64.85 2806.79 82.45 S 57'09'~9" ~ ~64.82 05'2~'54" C2 255.44 2570.68 ~17.80 N 5~'4~'45" E 255.55 05'~4'5~" 0140 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: { ~ ~. [2. i. Subject: Acceptance of a Parcel of Land for the Extension of Hensley Road from BJ Summerford, LLC County Administrator's Comments: County Administrator: BoardAction Reques~d:staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 8.768 acres from BJ Summerford, LLC, and authorize the County Administrator to execute the necessary deed. Summary of Information: This dedication is required for the development of The Woods at Summerford, Section A. Approval is recommended. District: Matoaca Preparer: o~m~ J on Title: Right of Way Manager Attachments: Yes No 0141 VI Cl NITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR PROPOSED HENSLEY ROAD FROM BJ SUMMERFORD, LLC Chesterfield County Department of Utilities Right Of Way Office VAR. WIDTH VDOT SLOPE AND DRAIN. V,~. ~,~IDTH VDOT DRAIN. £SM'T L8 0'J'02'52'° W pROpOSED~O~4O $ N 85'01 '2J" £ APPROX C/LOF VIROINIA PO~ER CO ESMT ESMT 3 DA~O'DEGO~£6O \X3A,EI?S I l - 90Z,98,~ \ .'? .'e~ou ell.~ 0_7JV01~7_70 _7~ O_Z ONt~7 _~0 S_72~0P' £gz'BJ 5 ~ o_~ ~ 0~44 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.12.j. Su~ect: Acceptance of a Parcel of Land on the James River from Brown & Williamson Tobacco Corporation Coun~ AdminiStrator's Commen~: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors accept the conveyance of a parcel of land containing 262.642 acres from Brown & Williamson Tobacco Corporation, and authorize the County Administrator to execute the necessary deed. Summary of Information: The Friends of Chesterfield's River Front negotiated the donation of a 262.642 acre parcel of land along the James River from Brown & Williamson Tobacco Corporation. This site will be used for passive recreation including hiking, boating, education and conservation purposes. Staff recommends acceptance of this conveyance. District: Bermuda Joh'n W. Harmon Attachments: Ycs No Title: Right of Way Manager 014,5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: September 26, 2001 Item Number: 8.D.13.a. Subject: Request Permission for an Underground Gas Pipeline to Encroach Within an Unimproved County Right of Way Known as Greenbriar Drive County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors grant Columbia Gas of Virginia, Inc., permission for an underground gas pipeline to encroach within an unimproved County right of way known as Greenbriar Drive; subject to the execution of a license agreement. Summary of Information: Columbia Gas of Virginia, Inc., has requested permission for an underground gas pipeline to encroach within an unimproved County right of way known as Greenbriar Drive. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: c::~,.~_.., ?_.j. Jot~n W. Harmon Attachments: Yes --]No Title: Right of Way Manager 0146 ~CINITY SKETCH REQUEST PERMISSION FOR AN UNDERGROUND GAS PIPELINE TO ENCROACH WITHIN AN UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS GREENBRIAR DRIVE Chesterfield County Department of Utilities Right Of Way Office 30 Jl EDOAR A. AND CHERIE G. MOORE GPIN: 789640120500000 D. B. 2598, P. 586 TAMERA J. STALLWORTH C. PIN: 789640211800000 D. B. 3663, P. 126 35 34 PROPOSED COL~ OAS PE~LaVE C/L - 24~m~" EDENTON PLA CE 50' R/w 38040007 ~P~Y COLUMBIA GAS OF VIRGINIA, INC. ~mmT ENGINEERhYG CIVIL ENGINEERING SECTION PRO,CT PROPOSED COLUMB/A GAS PIPELINE ACROSS AN UNOPENED POR~ON OF GREENBRIAR DRI~ ~/~/2oo~ m~ES ~ I'= 50'~-2~2-K~ ~ ~-28~-P ~-28~1~2-0 ~P'~c~s2001140 107-555-~1~$119-J920 01-05~$119-00 TAX DIS1RIOT~S) MA TOACA COU~T~ / crr¢ CriES TERFIELD VIRGINIA ~'"~41N°~ 4 J T , 01 SHEET I OF I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.13.b. Subject: Request to Install a Private Water Service ~or a Residence at 5400 Newbys Bridge Road County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve a request to install a private water service within a private easement to serve property at 5400 Newbys Bridge Road and authorize the County Administrator to execute the water connection agreement. Summary of Information: Douglas J. Hackman and Deborah A. Hackman have requested approval to install a private water service within a private easement to serve their property at 5400 Newbys Bridge Road. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: .~...,~--- John W. Harmon Yes ~ No Attachments: I I Title: Right of Way Manager · VICINITY SKETCH REQUEST TO INSTALL A PRIVATE WATER SERVICE FOR A RESIDENCE AT 5400 NEWBYS BRIDGE ROAD Chesterfield County Department of Utilities Right Of Way Office Variable Width Permanent Water Line Easement (30" Line) 4279 Hackman, Douglas J. & Deborah A. 5400 Newbys Bridge Road Pin #758-681-4279-00000 Hackman, Douglas J. & 5418 Newbys Bridge Road Pin # 758-681-2847-00000 DB. 3925 I:~. 386 10' Private 8041 Meter for 5400) 8O97 9120 544O Water Meter for 5418 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meeting Date: September 26, 2001 Item Number: 8.D.13.c. Subject: Request Permission to Connect a Four Inch Private Drain Line to a Storm Sewer in a County Drainage Easement County Administrator's Comments: County Administrator: Board Action Requested: Grant L. C. Vairo and Barbara W. Vairo permission to connect a 4" private drain line to an existing storm sewer located in a 16' drainage easement across Lot 2, Augustus Wright Estate, Section 2; subject to the execution of a license agreement. Summary of Information: L. C. Vairo and Barbara W. Vairo have requested permission to connect a 4" private drain line to an existing storm sewer in a 16' drainage easement across Lot 2, Augustus Wright Estate, Section 2. This request has been reviewed by the Administration and approval is recommended. District: Matoaca John W. Harmon Yes ~ No Attachments: I I Title: Right of Way Manager VICINITY SKETCH REQUEST PERMISSION TO INSTALL A PRIVATE 4" DRAIN LINE IN A 16' COUNTY DRAINAGE EASEMENT %Hood $~' 0 INSTON Chesterfield County Department of Utilities Right Of Way Office 01G3~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.14.a. Subject: Request to Quitclaim a Portion of a Sixteen Foot Sewer Easement Across Lot 23, Block B,'Trampling Farms, Section A County Administrator's Comments: County Administrator: Board Action Reques~d:Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' sewer easement across Lot 23, Block B, Trampling Farms, Section A. Summary of Information: Beverly J. Luster has requested the quitclaim of a portion of a 16' sewer easement as shown on the attached plat. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs No 0154 Vi CI NITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A 16' SEWER EASEMENT ACROSS LOT 29, BLOCK B, TRAMPLING FARMS, SECTION A ~'~~E PY ~ ~ ~~o~ ~ I CATTERI ~RD ,90 RD JAMSON RD RD W ROC/< SPRIN, Chesterfield County Department of Utilities Right Of Way Office This is to (~ertify that on 4' t\-Ot ] made an accurate field survey of the premises shown hereon; that all improvements known er visible are shown hereon; that there are no encroachments by improvements either from adjoining premises, or from subject premises upon adjoining premises, other th ..... hewn h ...... ~,,.,,~ ,~¢~,,z~,~Z~ BEVERLY J. LUSTER 5424 PINELAND I~ibAD DB. 3878 PG. 362 PIN # 774-686-4190-00000. NOTE: THtS LOT APPEARS TO DEINHUD FLOe0 ZONE ~ AS,SHOWN ON HUD COMMUNfP¢ PANEL NUMBERS NOTE: . This survey h~ been pmp~ed withoul Ihe benelit el tJtJe report and does not / 9u~olF I%.1 ~ 5 5fl°~O' %5" %/ R0[D AREA TO BE VACATED SURVEY OF TP,.A ~ P L% rT_lGP/~Rm 5 ASSOCIATES, P.C. I JCERTIFIED ~ND SURVEYOR AND CONSULI~T 5708-B HOPKINS RD. RICHMOND, VA 23234 Offic8 271-4734 ScaJe ~%=q~ DateS-[%-6% Drawnby ~,~.~, 0:1.56 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.14.b. SubJect: Request to Quitclaim a Variable Width Sewer Easement Across the Property of T & N Development, L.L.C. County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a variable width sewer easement across the property of T & N Development, L.L.C. Summary of Information: T & N Development, L.L.C. has requested the quitclaim of a variable width sewer easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian John W. Harmon Attachments: Ycs -~No Title: Right of Way Manager 0157 VICINITY SKETCH Request to quitclaim a variable width sewer easement across the property of T & N Development, L.L.C. STA~~ R~) ~'D~NGTON DR ec Chesterfield County Department of Utilities Right Of Way Office 0155 File nome; ~1~ 5, 709, 852, 79 £ 498. G9' ROSA LEE BROWN WB.'I26 PG:SBO PIN J7dg-710-Ill! ! · ~,,-.~ OLD 80N AIR ,eD. VAR. ~IIOTH , ~29.07' PLAT SHOV/II~ A PORTION OF A VAR~ II¢IDTH b~ F_ASEblENT TO BE VACATED, A I$' SEWER EA~ENfi, AND A I~' WATE~ ~_A,.,~2~VZ' 7'0 BE O~DICAT'Lq2¢ROSSIN~ ZN£ I..AN~ Of' 1%l'N D4'V~OPkI[TVT L.L.¢. A/VD RO~IOU$ HAll AS$O6~ATES, LP M/DLOTHtAN D/STRICT CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.14.c. Subject: Request to Quitclaim a Variable Width Storm Water Management/Best Management Practice Easement Across the Properties of Gillsgate, L.L.C., and Kevin M. McGuire and Amy M. McGuire County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute quitclaim deeds to vacate a variable width SWM/BMP easement across the properties of Gillsgate, L.L.C., and Kevin M. McGuire and Amy M. McGuire. Summary of Information: Gillsgate, L.L.C., and Kevin M. McGuire and Amy M. McGuire have requested the quitclaim of a variable width SWM/BMP easement as shown on the attached plat. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Attachments: Yes [-~ No Title: Right of Way Manager VICINITY SKETCH REQUEST TO QUITCLAIM A VARIABLE WIDTH SVVM/BMP EASEMENT ACROSS THE PROPERTY OF Gl LLSGATE, LLC. AND KEVIN M. MCGUIRE AND AMY M. MCGUIRE I-- Z 0 Chesterfield County Department of Utilities Right Of Way Office EXIST/NO SWM/BMP EASEMENT RECORDED IN O.E. 3887, PO. 206 TO BE VACATED BY SEPARATE AOREEWENT AND TEMPORARILY REPLACED BY A CONSTRUCTION ~SEMENF WHICH SHALL EXPIRE UPON COMPLETION OF THE REGRADINO OF BWP ~CILI~ J I ~ EX/SFINO 25' SEWER EASEMENT i J 08 70?Z PO 458 L~RRY D. ~ ~ / .... ~URA O. HAL~ I ~ -- I / 767-~6-567 ~-00000 ' ~o ~Essup ~o~. / / ~,~ I ~PIN~ 7a7-6aT-Sz2a-ooooo \ I'E~PO~Y x~ OONSTRUODOA/ \~ ~SEUENT £ 08'28'~1" E 207. ('TO SURVEY lie EX/ST/NO 16' GILZSC~-~ / SEWER EAS~ /P.B. I1~ POS. 32-35 EASEMENT D.B. ~70, PG. I c~ /~,a~ /~o. oo /~.a~ Is ~v~'ao"~ / c, /~.~o /~o. oo /xzx8 Is47'20'02"~ I 05 Jg. I 1 J50. O0 J4,57 JN 85'52'12" E 07/11/01 R~ISED PER COUN~ OOMMENTS: 0~24~ 1 R~ISED PER COUN~ COMMENTS: CHOt~ DEL FA 36. 97 j 43'23'~6" ~' ~°180'02 vo" zz~oI ~;~'~6" S24'.~9 '35"E NBO'~ 4"32"E / 364. O8 E=II ,316.62 8 590. 75' FO THE SOUTH LINE OF GILLS GATE DRIVE EXTD ~0 0 GO Stole I" = 60' PLAT SHOWING A VAR/ABLE WIDTH ", SWIW/BA,fP EASEMENT TO BE VACATED ~N~'. ~' ~ ROSS THE ~NDS OF 2ILLS~ATE~ L: ~su~low~ I K~IN ~, ~ AMY ~ McG~IRE DATE: 06-25-01 R~ISED: 08-09-01 DALE D/STRICT ~SCALE: 1":60' CHeSTerFIeLD COUN~ JOB NO: 1 95187E COUN~ PROJECT ~96-0079 P~NNERS · ARCHiteCtS · EUG~NEERS. SURV~ORS 12o~ Oo~ora[e Circle · RoanoKe, Wrglnl~ 24018 · Pho~ (64~ 772-95~0 · F~ (640) 016 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.15. Su~ect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments: County Administrator: Board Action Reques~d: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground power lines to provide service to the new Matoaca High School. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company to install underground power lines to provide service to the new Matoaca High School. District: Matoaca Preparer: ~::~,~ z J, ~,,-~ do~'n w. H~rmon Yes ~-~ No Attachments: I I Title: Right of Way Manager VICINITY SKETCH CONVEYANCE OF N EASEMENT TO VIRGINIA ELECTRIC & POWER COMPANY f Chesterfield County Department of Utilities Right Of Way Office 0164 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: September 26, 2001 Item Number: 8.D.16. Subject: Authorization of Petersburg Area Transit Service Extension on Chesterfield Avenue, River Road and Woodpecker Road County Administrator's Comments: County Administrator: ~ ,Board Action Requested: The Board is requested to adopt the attached resolution granting Petersburg Area Transit (PAT) the authority to extend transit service on Chesterfield Avenue, River Road and Woodpecker Road in Ettrick. Summary oflnformation: Based on a request from the City of Petersburg, Mrs. Humphrey asked staff to prepare a resolution authorizing Petersburg Area Transit (PAT) to extend transit service (see attached map) on Chesterfield Avenue, River Road and Woodpecker Road, a total distance of approximately 0.9 mile, to serve the Food Lion Shopping Center. Petersburg has advised staff that the service will be provided at no cost to the County. Weekday and weekend service is proposed as outlined in the attached service schedule. The service may be adjusted as ridership data becomes available. Preparer: ~.'J. McCJacken AgcnS05 Title: Director of Transportation Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Recommendation: If the Board wishes to extend PAT transit service, staff recommends the Board: 1) Adopt the attached resolution granting PAT the authority to extend transit service on Chesterfield Avenue, River Road and Woodpecker Road to the Food Lion Shopping Center; and 2) Authorize the County Administrator to make service adjustments in stop locations and frequency of service as necessary to provide efficient service. District: Matoaca WHEREAS, public transportation service could be provided to the Ettrick Food Lion Shopping Center area by extending existing Petersburg Area Transit (PAT) service; and WHEREAS, the City of Petersburg has informed the County that PAT will provide the service at no cost to the County. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors grants PAT the authority to extend transit service on Chesterfield Avenue, River Road and Woodpecker Road, a total distance of approximately 0.9 mile, to serve the Food Lion Shopping Center. 0168 PAT SERVICE EXTENSION ETTRICK FOOD LION VIRGINIA STATE UNIVERSITY 0.3 0 0.3 PROPOSED SERVICE EXTENSION EXISTING PAT SERVICE 0.6 Miles S 01~;9 PAT_FOOD_LION 9/13/01 TENTATIVE FOOD LION SHOPPING CENTER PAT SERVICESCHEDULE NUMBER OF TRIPS 22 Weekday 19 Saturday HOURS OF OPERATION Weekday Saturday 6:55 A.M. - 5:25 P.M. 8:25 A.M. - 5:25 P.M. PAT does not operate on Sundays and major holidays. 0170 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Date: September 26, 2001 Item Number: 8.D.17. Su~ect: Contract Award for the Route 10/Allied Road Turn Lane Project County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to award a contract for the Route 10/Allied Road Turn Lane Project. Summary oflnformation:in November 1999, the Board authorized the County Administrator to enter into a VDOT/County agreement for the design/right- of-way/construction of the Route 10/Allied Road Turn Lane Project. On August 19, 2001, staff advertised a road construction contract for the project. Bids were received on September 10, 2001. Shoosmith, Inc. submitted the low bid of $160,626. The bid is approximately 28 percent lower than the engineer's estimate for the project. Recommendation: Staff recommends the Board authorize the award of the construction contract to Shoosmith, Inc. District: Bermuda Preparer: Attachments: ~:J. McCracken Agen503 Yes No Title: Director of Transportation CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: Sentember 26. 2001 Number Bud.qet and Mana.clement Comments: This request is to award a road construction contract for the intersection of Route 10 and Allied Road. Sufficient funds are available in the project to make this award. Preparer: Rebecca T. Dickson Title: Director, Budget & Management 0172, ROUTE 10/ALLIED ROAD SEPTEMBER 10, 2001 BID RESULTS CONTRACTOR TOTAL BID Sho0smith, Inc $160,626 Interstate Construction $187,840 Bowers Family $224,306 Godsey & Son $249,430 PROJECT CONSTRUCTION BUDGET Preliminary Engineering $55,552 Right-of-Way $0 Utility Relocation $0 Construction Bid $160,626 Construction Contingency $227,777 Construction Administration $36,045 and Inspection Total $480,000 11/23/99 APPROPRIATIONS I $480,0001ANTICIPATEDVDOTI REIMBURSEMENT ATTACHMENT A 0173 RTE10 / ALLIED ROAD I TURN LANE PROdECT I I 0174 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: September 26, 2001 Item Number: e. ~. ~e. Subject: Transfer of F~nds from the County's Reserve for Future Capital Projects to Purchase Video Equipment for the Circuit Court and General District Court Buildings County Administrator's Commen~s: County Administrator: -- ~ Board Action Requested: Approve Transfer of $90,000 from the Reserve for Future Capital Projects to the Circuit/General District Courts Project to Purchase Video Equipment Summary of Information: The General Assembly recently enacted Virginia Code §17.1-513.2, which explicitly authorizes Circuit Courts to use electronic video and audio communications systems to conduct civil hearings. The Virginia Code includes similar provisions for the use of video conferencing equipment in criminal courts and the use of video equipment in both the General District Court and Juvenile and Domestic Relations District Court. The use of video equipment reduces the cost of transportation and increases security, as fewer defendants are transported to the courthouse. It greatly lessens the impact of time and distance. Video technology also allows the Court to function more effectively and efficiently by offering better service at a lower cost to the public. Ail courtrooms in the Juvenile and Domestic Relations District Courts building have been appropriately furnished with video equipment as part of that project. In the General District Court, Courtrooms A, B, C, and D have been equipped. In the Circuit Court, Courtrooms 3 and 4 have been outfitted with video equipment. Funds have been identified for the 5th courtroom in the Circuit/General District Courts Finish Out Project and the procurement process is underway. This leaves Circuit Courtrooms 1 and 2 and General District Courtroom E in need of equipment. Purchasing this equipment at the same time that the current work is being completed will result in substantial cost savings for the County. Funds in the amount of $90,000 are available in the Reserve for Future Capital Projects to transfer. Subsequent to this transfer, the remaining balance will be $2,233,312. Rebecca Dickson Attachments: ----]Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 26, 2001 Item Number: 8.D. 19. Subject: Award of qonstruction Contract for County Project #00-0295, Ashton Creek Wastewater Pump Station Rehabilitation County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors i~ requested to award the construction contract to M&W Construction Corporation in the amount of $1,585,000.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of replacement of the existing pumps, motor controls, generator, replacement of the existing flat roof with a metal seam gable roof, and installation of a magnetic flow meter to monitor wastewater flows. Staff received seven (7) bids ranging from $1,585,000.00 to $2,235,000.00. The lowest bid was in the amount of $1,585,000.00 by M&W Construction Corporation. The county's engineering consultant, R. Stuart Royer & Associates, has evaluated the bids and recommends award of the contract to the low bidder, M&W Construction Corporation. Funds are available in the current CIP. District: Preparer: Bermuda Covington Title:Assistant Director of Utilities Attachments: Yes No 0176 I: \DEPT\FOP~MS\AGE!SiDA ITEM1.WPD CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetino Date: Sentember 26. 2001 Number Bud_clet and Mana.qement Comments: This action requests award of a construction contract to M&W Construction Corporation in the amount of $1,585,000. Sufficient funds are available to award this contract to replace existing pumps, motor controls, generator, roof, and installation of a magnetic flow meter to monitor wastewater flows at the Ashton Creek Wastewater Pump Station. Rebecca T. Dickson Title: Director, Budget & Management 0177 R. STUART ROYER & ASSOCIATES, INC. CONSULTING ENGINEERS September 11, 2001 L. Alan Harrison, P.E. Chesterfield Department of Public Utilities P.O. Box 40 6710 West Krause Road Chesterfield, VA 23832 Re; Ashton Creek Pump Station RSR&A Project No. 0065 Dear Alan: On August 28, 2001 bids were received at the Purchasing Office for the above referenced project. Seven (7) bids were received. The apparent low bidder was M&W Construction Corporation in the amount of $1,585,000. The apparent second lowest bid was received from Mid Eastern Builders, Inc. in the amount of $1,627,000. A bid tabulation along with the original bids are enclosed. We have asked for and received information from M&W Construction to show that they are able to complete the project. We have included this information for your use. Additionally, we have met with the contractor to discuss the project and learn more about their organization. Based on this information and conversations we have had with other engineers and entities for whom M&W has worked, we believe that M&W Construction has the resources and ability to complete the construction of this project. We therefore recommend award of the contract t'o M&W Construction Corporation in the amount of $1,585,000. We look forward to continuing to work with you. Should you have any comments or need additional information, please call. Sincerely, R. Stuart Royer & Associates, Inc. ~w Easterbrook, P.E. Project Manager Enclosure cc: Ms. Donna Clarke - Director of Purchasing MJE/sll Recommend_0065 017 1100 WELBORNE DRIVE, SUITE 300 · RICHMOND, VIRGINIA 23229 · (804).740-0181 FAX (804) 740-1053 EMail @ rstuartroyer, corn CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.20. Subject: Initiate an Application for Conditional Use to Permit a Wastewater Pump Station County Administrator's Comments: County Administrator: Board Action Reques~d: Initiate an application for Conditional Use to permit a wastewater pump station on property at 12501 Bailey Bridge Road (Bailey Bridge Middle School), PIN: 738672809200000 and to appoint John Harmon, County Right of Way Manager as the Board's Agent. Summary of Information: Conditional use approval is required for construction of a new Bailey Bridge Pump Station that serves western Chesterfield. This location has been coordinated with school administration. Approval is recommended. District: Matoaca Preparer: John W. Harmon Attachments: ~ Yes No Title: Right of Way Manager 0179 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D.21. Subject: Confirmation of Action by County Administrator to Amend the Military Leave Administrative Procedure to Pay Active Duty Employees the Difference Between Their Military Pay and Their County Pay Until December 31, 2001. Comments: County Administrator's County Administrator: &~3~c-'e:"n~e46~ Board Action Requested: Confirm the attached amendment to the County's military leave administrative procedure Summary of Information: As a result of the September 11, 2001 attack on America, a number of County employees have been called into active duty through reserve or national guard units. Under the County's current personnel administrative procedures, these employees receive 15 work days of paid military leave at their full County pay. After the 15 work days, they are placed on military leave without pay and draw only their military pay. During the Desert Storm war, the County Administrator extended the military leave period beyond the normal 15-day period and, during the extension period, paid active duty employees the difference between their military pay and their County pay. The County Administrator recently announced his intention to extend the 15- day period for this conflict until December 30, 2001, during which extended period active duty employees will again be paid the difference between their military and County pay. Because of the Board of Supervisors' interest and support we ask that the Board vote to confirm the amendment to the military leave administrative procedure described above as a show of support for all County employees who actively protect America as servicemen and servicewomen during this conflict. The amendment is attache~l~ Preparer: _ ,/~~ ,¢/~. ~'~ Lane B. Ramsey Attachments: Yes -]No Title: County Administrator 0400:54754.1 000 J. Military Leave Upon presentation of a copy of final orders, an employee who is a member of an officially-recognized reserve or national guard unit shall be entitled to 15 work days of military leave for training purposes or active duty and shall be paid regular pay. These 15 workdays can be used through the pay period covered by the last pay date of the calendar year. For 24-hour employees, one day equals 12 hours for military leave purposes. An employee who is drafted, volunteers for full-time military service, or is called to active duty shall be placed on military leave without pay when military leave is exhausted. For any such employee who is involved in the conflict resulting from the attack on America that occurred on September 11,2001, the county, after expiration of 15 work days of military leave, will pay the difference between military_ pay and county pay until December 30, 2001. During military leave without pay, annual leave and sick leave will accrue and the merit date will not change. Within thirty (30) days of receipt of an honorable discharge from the service or transfer to inactive duty, the employee may apply for reinstatement with the county. Such application shall be filed thirty (30) days prior to the time the employee desires to return to work. The employee shall be returned to the previous position, if vacant, or a comparable vacant position with the same rights and privileges as if the employee had not entered the military service. 000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: s.D. 22. Subject: Consideration of Request by Maruchan Virginia, Inc. for Waiver of the Provision of Airport Industrial Park Restrictive Covenants Regarding Orientation of Loading Areas and Loading Doors to Permit the Building to be Arranged and the Loading Doors and Areas Oriented so that they may be Visible from Adjacent Public Roads County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to waive the airport industrial park restrictive covenants regarding orientation of loading areas and loading doors to permit Maruchan Virginia, Inc. to arrange its building and orient its loading doors so that they may be visible from adjacent public roads. Summary of Information: Maruchan Virginia, Inc. owns property within the airport industrial park which is surrounded by public roads; White Pine Road to the north and west, Red Pine Road to the east and Route 288 to the south. The company is presently seeking the County's approval to allow a significant expansion of its existing facility to include new shipping and receiving loading doors. The restrictive covenants for the industrial park states that "loading areas and loading doors shall be oriented away from public road rights of way" The restrictive covenants also provide that the Board of Supervisors may waive or modify the covenants so long as this does not reduce the overall quality of the property affected. This prohibition in the covenants creates a hardship for this uniquely situated parcel surrounded by public roads. Due to this unusual circumstance, which is not shared with the other lots in the industrial park, staff recommends that this requirement be waived. Waiver of the requirements would not affect the overall quality of the property. ) Kirkland A. Turner Attachments: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 It should be noted that the zoning ordinance also has a restriction for the orientation of loading doors, which Maruchan Virginia, Inc. is seeking to modify through a development standards waiver application. This application is scheduled to be heard by the Planning Commission on October 16, 2001. Staff is asking the Planning Commission to impose conditions which limit how the loading doors will be located or shielded to minimize their view. 0183 I-1 A I-1 A I-1 i'4 1000 0 1000'Feet MARUCHAN VIRGINIA INC. EXPANSION 2001 Sh.# 17 ols4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 8.D. 23. SubJect: Lease of Property from the Kiwanis Club of Chester County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors approve the lease of 5.3 acres ± from the Kiwanis club of Chester and authorize the County Administrator to execute the lease agreement. Summary of Information: The Kiwanis Club of Chester owns the land formerly owned by the Chester Hotel Company. This was the business, social, and church center of the original Chester Village. The initial lease term will be for a period of 5 years at no cost. The County will provide some maintenance as resources allow. The property will be used as a public park for passive recreation and historical interpretation. District: Bermuda Preparer: . ,=~...~ z-/. John W. Harmon Attachments: ~ Yes No Title: Right of Way Manager CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~l Date: September 26, 2001 Item Number: 10.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer where there are no County funds involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: 98-0278 Indian Cultural Center Ironbridge Parkway Developer: Parivar Guhjarat Samanvay Contractor: William M. Harmon Contractors Contract Amount: Water Improvements - Wastewater Improvements - $46,660.00 $12,325.00 District: Preparer: uda /' J.'E~Jr. '~ Title: Assistant Director Attachments: ~-] Yes No Agenda Item September 26, 2001 Page 2 2. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0210 Oaklake Water Systems G. & H. Ventures, LLC Perkinson Construction Company Water Improvements - Wastewater Improvements - Midlothian $8,020.75 (Private) Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0211 Oaklake - Crone Construction William B. and Gene H. DuVal Dunnavant Excavating & Grading Water Improvements - Wastewater Improvements - Midlothian $13,925.00 $68,091.00 o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0315 Grove Hill Road Extension Phase II Glen Roy Corporation and The Tuckahoe Cardinal Corporation Piedmont Construction Company, Inc. Water Improvements - Wastewater Improvements - Midlothian $31,435.00 $3,250.00 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0337 Hampton Park, Section 13 Hampton Park Associates, LLC R.M.C. Contractors, Incorporated Water Improvements - Wastewater Improvements - Matoaca $44,545.00 $57,109.00 Agenda Item September 26, 2001 Page 3 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0387 Founders Bridge 16" Water Line Phase II and Temporary Connection Gray Land and Development Company, LLC Castle Equipment Corporation Water Improvements - $239,882.00 Midlothian 01-0118 Johnston-Willis Outpatients Addition Chippenham and Johnston-Willis Hospitals, Inc. Castle Equipment Corporation Water Improvements - Wastewater Improvements - Midlothian $50,932.50 (Private) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 26, 2001 Item Number: 10.$. Subject: Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Preparer: ~ Title: Attachments: Yes ~--] No County Administrator CHESTERFIELD COUNTY GENERAL FUND BALANCE September 20, 2001 BOARD MEETING DATE DESCRIPTION AMOUNT BALANCE 07/01/01 FY2002 Budgeted Beginning Fund Balance $34,772,700 *Pending outcome of FY2001 Audit Results Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT September 20, 2001 Description Amount Balance FOR FISCAL YEAR 2001 BEGINNING JULY 1, 2000 4/12/00 FY01 Budgeted Addition 4/12/00 FY01 Capital Projects 3/06/01 Return unused funds; closure of Wide Area Network Project 04/04/01 Transfer to Juvenile and Domestic Relations Courthouse Project 04/25/01 Testing of Comprehensive Plan 8,400,000 (6,939,60O) 561 (325,000) (360,000) 8,812,051 1,872,451 1,873,012 1,548,012 1,188,012 FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/01 4/4/01 7/25/01 FY02 Budgeted Addition FY02 Capital Projects County' s Master Plan Update 8,800,000 (7,579,700) (85,o0o) 9,988,012 2,408,312 * 2,323,312 * Pending Audit Results. OlSO Prepared by Accounting Department August 31,2001 Date Began * 12/93 04/99 06/99 1/01 03/01 04/01 11/00 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED ANDEXECUTED Description Original Amount Real Property Lease/Purchase Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation/ Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School TOTAL APPROVED AND EXECUTED $17,510,000 16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 $48,641,534 PENDING EXECUTION Description None Date Ends 12/01 11/19 05/04 11/21 03/05 03/06 09/05 Outstanding Balance 08/31/01 $ 1,260,000 15,295,000 26,104 13,725,000 657,371 18,921 17,519 $30.999,915 Approved Amount *Second Refunding of Certificates of Participation, Series 1985 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 26, 2001 Subject: Roads Accepted into the State County Administrator's Comments: Secondary System Item Number: iO.C. County Administrator: Board Action Requested: Summary of Information: Lisa H. Elko Attachments: ~"-] No Title: Clerk to the Board CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 261 2001 Item Number: Subiect: Recognizing Michael Wayne Stafford, Troop 825, Sponsored by The Church of Jesus Christ of Latter-Day Saints, David Zandy Leech, Troop 178, Sponsored by Ivey Memorial United Methodist Church, and William George Wyatt, Jr., Troop 815, Sponsored by Chester United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: (~~ Board Action Requested: Adoption of attached resolutions Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Mr. Michael Stafford, Troop 825, Mr. David Leech, Troop 178, and Mr. William Wyatt, Jr., Troop 815, upon attaining rank of Eagle Scout. All will be present at the meeting, accompanied by members of their family, to accept the resolutions. Bermuda District Dale District David Zandy Leech Parents: Roy and Wilma Michael Wayne Stafford Parents: Wayne and Nancy William George Wyatt, Jr. Parents: William and Bevin Lisa H. E~ko Attachments: ¥cs Title: No Clerk to the Board # 0195 RECOGNIZING MR. MICHAEL WAYNE STAFFORD UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, se~ice and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Michael Wayne Stafford, Troop 825, sponsored by The Church of Jesus Christ of Latter-Day Saints, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Michael has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Michael Wayne Stafford on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 0196 RECOGNIZING MR. DAVID ZANDY LEECH UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. David Zandy Leech, Troop 178, sponsored by Ivey Memorial United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, David 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 hereby extends its congratulations to Mr. David Zandy Leech on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. '0197 RECOGNIZING MR. WILLIAM GEORGE WYATT, JR. UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. William George Wyatt, Jr., Troop 815, 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 earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, William 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 hereby extends its congratulations to Mr. William George Wyatt, Jr. on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 0195 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: Z4.B. Subject: Resolution by the Board of Supervisors Recognizing October 2001, as "Domestic Violence Awareness Month" County Administrator's Comments: County Administrator: Board Action Requested: The Chesterfield County Domestic Violence Resource Center and county domestic violence staff request the~Board to proclaim October 2001, as "Domestic Violence Awareness Month" Summary of Information: Domestic Violence/ Sexual Assault Awareness month is observed in Chesterfield and nationwide as a gesture to draw attention to the reality of violence in the home and to the work being done to end this violence. Activities throughout the month remember those who have lost their lives as a result of domestic violence, celebrate those who have survived, and support those who work all year to provide safety and support for victims and their children. County domestic violence staff and service providers request the clerk read the attached resolution and presentit%oMeghan Lamm, Domestic Violence Resource Center Advocate, Sharon Lindsay, Police Department DV Coordinator, Beth Smyers, DV Assistant Commonwealth Attorney, and Carol Fletcher Victim/ Witness Program staff and members of the Chesterfield County Domestic Violence Task Force. Prepare Title: Deputy County Administrator, Human Services Attachments: Yes ~] No 0199 RECOGNIZING OCTOBER 2001, AS ~'DOMESTIC VIOLENCE AWARENESS MONTH" WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occurs among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual,s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to the horrific crime. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the month of October 2001, as ~'Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: 17 .A. Subject: Public Hearing to Consider Ordinance Amendments Relating to Business License Fees County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to consider adopting the attached ordinance amendments. Summary of Information: Last year, the Board adopted a policy to "cap" the net revenue received from BPOL taxes at $16,500,000, the level of BPOL revenue in FY99. In order to ensure FY 2002 revenue approximates the amount collected in FY99, the Board increased the BPOL gross receipts exemption to $100,000 for businesses with gross receipts over $100,000. This year, staff projects that in order to ensure BPOL revenues remain constant at FY99 levels, BPOL rates will need to be reduced. Staff is recommending that rates on businesses taxed at a rate in excess of $0.10 per $100 be reduced by 10%, and that rates on professional, real estate, financial, personal and business services be reduced by 19% in order to further economic development. The existing and proposed rates for each category are shown on the attached table and are reflected in the attached ordinance. These rates are expected to maintain BPOL revenue in FY2002 at the FY99 levels, less the adjustment for the conversion of electric and gas utilities to a consumption tax. Preparer: *-i-~:~.~ '7'? ~lk~ Title, Director, Budget and Management Rebecca T. Dickson 0523:54702.1(54378.1,54275.1) Attachments: Yes ~-] No 0201 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 26, 2001 Item Number: The ordinance also partially implements the recommendation of the Tax Structure Committee to further economic development by exempting gross receipts from software development from BPOL taxation and by establishing new BPOL categories and rates for research and development, biotechnology and information service businesses. These categories would be taxed at a rate of $0.10 per $100 of gross receipts. Staff does not anticipate a significant impact on current revenues if the Board adopts these new categories. BPOL exemptions for software development exemptions are currently used in Loudoun and Fairfax Counties, and the City of Richmond provides a separate BPOL taxation category for biotechnology businesses. The ordinance also provides for reduced tax rates for federal contractors who receive federal funds for research and development services. This proposed ordinance change is required in order to comply with existing state law relating to federal contractors. 0202 Chesterfield County Proposed 2002 BPOL Tax Rate Table Basis for proposed tax rates Professional and personal service categories reduced by 19%. Other categories above $0.10 have been decreased by 10%. Categories Professional Service Financial Service Real Estate Service Personal Service** Business Service Commission Merchants Repair Service Retail Merchant*** Contractor Current Proposed Rate* Rate* $0.58 $0.47 0.58 0.47 0.58 0.47 0.36 0.29 0.36 0.29 0.36 0.29 0.28 0.25 0.20 0.18 0.15 0.13 *Rates are per $100 of gross receipts **Also includes Amusement Machine Operators ***Also includes Merchants Placing Vending Machines and Amusement/Admissions 0523:54378.1 0203 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 6-1, 6-8, 6-25, 6-26, 6-27, 6-28, 6-29, 6-30 AND 6-32 RELATING TO REDUCTION OF BPOL TAX RATES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 6-1, 6-8, 6-25, 6-26, 6-27, 6-28, 6-29, 6-30 and 6-32 of the Code of the Coun_ty o_f Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 6-1. Definitions. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: OOO Biotechnology or biomedical research and development means the use of various processes to develop, improve, modify_, or test products for human health care, animal health, food production, food safety, food nutrition, or environmental improvement. OOO Information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications and includes electronic publishing but does not include any use of such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. OOO Research and development means the application of procedures within one of the following four areas: (1) basic research, (2) applied research, (3) development, and (4) systems and other concept formulation studies. Research and development does not include market research, research in social services, psychology, or other non-technical activities; routine product testing; service activities; sales; or research and development of a public utility. "Basic research". "applied research", "development", and "systems and other concept formulation studies" shall have the meaning attributed in Section 31.205-18 of the Federal Acquisition Regulation. OOO Sec. 6-8. Exclusions and deductions from gross receipts. 0204 000 (b) The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable: ooo Gross receipts front the design, development or other creation of computer software for lease, sale, or license. OOO Sec. 6-25. Contractors. (a) Sec. 6-26. (a) Every contractor shall pay a license tax of,,~. ~J $0.13 per $100.00 of base year gross receipts. 000 Retail merchants. Every retail merchant shall pay a license tax of $0.20 $0.18 per $100.00 of base year gross receipts. 000 Sec. 6-27. Financial services. Every person engaged in a financial service shall pay a license tax of $0.58 $0.47 per $100.00 of base year gross receipts. Sec. 6-28. Real estate services. Every person engaged in a real estate service shall pay a license tax of*^ 58 ~,~,. $0.47 per $100.00 of base year gross receipts. Sec. 6-29. Professional services. Every person engaged in a professional service shall pay a license tax of $0.58 $0.47 per $100.00 of base year gross receipts. Sec. 6-30. Repair, personal, aiid biisiness Miscellaneous services. 0614(23):54275.1 2 (a) (b) Every person engaged in a personal or business service shall pay a license tax of $0,.36 $0.29 per $100.00 of base year gross receipts. Every person engaged in a repair service shall pay a license tax of $0.2§ $0.25 per $100.00 of base year gross receipts. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in Section 31.205-18 of the Federal Acquisition Regulation in the areas of computer and electronic systems, computer software, applied sciences, economic and social sciences, and electronic and physical sciences, shall be subject to a license tax rate of $0.03 per $100.00 of such federal funds received in payment of such contracts upon documentation provided by such person, firm, or corporation to the Commissioner of the Revenue confirming the applicability of this section. Every_ person engaged in a research and development, biotechnology, or biomedical research and development businesses shall pay a license tax of $0.10 per $100.00 of base year gross receipts. Every_ person engaged in an information services business shall pay a license tax of $0.10 per $100.00 of base year gross receipts. 000 Sec. 6-32. Commission merchants. Every person engaged in business as a commission merchant shall pay a license tax of $0.36 $0.29 per $100.00 of base year gross receipts. OOO (2) That this ordinance shall become effective January 1, 2002. 0614(23):54275.1 .o .o .o .orthoo An Affiliate of Media General Advertising Affidavit {This is not a bill. Please pay from invoice) P~ O, Box 85333 Richmond, Virginia 23293~0001 (804) 649-6000 Account Num. ] 09/19/2001 Date Code Description Ad Size ~30/1 q/2~f}l 121 TAKF NOTICRTAKR NOTICE THAT THE RC~ARD O 2_00 x 24.00 45272 ATTACH HERE Media General Operations, inc. Publisher of THE RICHMOND TiMES-DISPATCH This is to certify that the attached TAKE NC)TICETAK'F, N©TTC~ Was published by Richmond Newspapers, inc. in the City of RichmOnd, Stat~ of virginia, on the fo[lowing dates: 09/12/2001 09/19/2001 The first insertion being given .... o9/1 Sworn to and subecrl bed before ....... ~N--~r~%~c Supervisor State of Virginia C~ty of Richmond My COmmission e~lres ~(2>~ ~{~ O~ HIS IS NOT A BILL. PLEASE PAY FROB INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: September 26, 2001 Item Number: ;1.7,~, Subject: Public Hearing to Consider Amendments to Section 19-5 of the County Code Relating to Enforcement of the Zoning Ordinance County Administrator's Comments: County Administrator: Board Action Requested: Public hearing on proposed amendments to Section 19-5 of the County Code relating to enforcement of the zoning ordinance. Summary_ of Information: A violation of the County's zoning ordinance is a misdemeanor punishable by a fine of $10 to $1,000. The court can also order the defendant to correct the violation. However, state law also permits the County to adopt an ordinance providing that the defendant's failure to correct the violation within the time ordered by the court shall constitute a separate misdemeanor punishable by a fine of $10 to $1,000 and, further, that any failure to correct the violation during any succeeding ten-day period shall constitute yet another misdemeanor offense (for each ten day period) punishable by a fine between $100 and $1,500. The Planning Commission recommended that the Board adopt the attached ordinance amendment which would enable staff to better enforce the zoning ordinance. Staff recommends that the Board approve the attached ordinance amendment. Preparer: Steven L. Micas Title: County Attorney 1914:54676.1 Attachments: Ycs ~-~No AN ORDINANCE TO AMEND TIlE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-5 RELATING TO ENFORCEMENT OF THE ZONING ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That ,Section 19-5 of the Code o_f the CounO, o_f Chesterfield 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-5. Enforcement. (b) 000 Penalties for violation; right of entry. Any person who violates this chapter or fails to comply with any conditions of zoning and development approvals and substantial accord approvals for which a public hearing does not occur, other than those provisions set forth in section 19-6, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than $10.00 and not more than $1,000.00. ~ If the violation is uncorrected at the time of the conviction, the court shall order the (--2-)(3) (-3-) (4) violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500. . . In addition to the requirements and penalties specified above, the director of planning may invoke any other lawful procedure available to the county, such as injunction or abatement, as may be necessary to prevent, restrain, correct or abate any violation of this chapter. . . The director of planning or his agents may enter upon or search any real estate or improvements thereon only after first obtaining a valid search warrant unless either: a. The entry or search is made after the property owner's knowing and intelligent consent; b. A violation of this chapter is in plain view; or c. A violation of this chapter occurs in the presence of the director. 1305:50190.1 O OS . . If the director of planning determines that any person has violated this chapter or failed to comply with any condition of a zoning or development approval or of a substantial accord approval for which a public hearing does not occur, then he shall serve upon that person a notice to comply by either: a. Delivering the notice to the person by hand; or b. Mailing the notice by first class mail to the last known address of the person. The notice shall set forth the nature of the violation or failure to comply. Upon failure of the person to remedy the violation, comply with the condition or receive an extension within ten days after the date of delivery or mailing of the notice, the person shall be subject to the penalties set forth above. With respect to violations or failures to comply involving portable signs or the parking or display of motor vehicles, the person shall remedy the violation or comply with the condition within 24 hours of service of the notice or receive an extension, or the person shall be subject to the penalties above. (2) That this ordinance shall become effective immediately upon adoption. 1305:50190.1 An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) P.O. Box 85333 Richmond, Virginia 2329341001 (804) 649-6000 CHESTER FTFJ ,D BOARD OF SI IPERVISC)R ATTN LISA FJ P O BOX ~0 CHESTERFIEED VA 238~2-0040 Account Num. ] 22o8o6 09/19/2o(/ Date Code Description Ad Size *;ta -- ost I TAKE NOTICETAKF, NOTICE THAT THE 'FIOARD C) 2_00 x 23.00 44~ 44 ATTACH HERE Media General Operations, inc. Publisher of THE RICHMOND TiMES-DiSPATCH This is to certify that the attached TAKE NOT]CETAKE NC)TIC[ was published ~y Richmond Newspapers, Inc. in the City of Richmond, state of virginia, on tho following dates: 09/12/2001 09/19/2001 The f!rst insertion [3eing given .... Qg!! 2t2~t~1 Sworn to and subscribed before me this State of Virginia CEy of Richmond My Commission expires HIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: September 26, 2001 Item Number: 17.c. Subject: Public Clinic Clinics Hearing to Consider Amendments to the County's Massage Ordinance and the Zoning Ordinance Relating to Massage County Admin istrator's~(~c.c..~;,.//c4x~lx~Comments: County Administrator: Board Action Requested: Public hearing to consider the attached proposed ordinance amendments. Summary of Information: On May 24, 2000, the Virginia Massage Therapists Association requested the Board to initiate a review of the County's massage clinic ordinance. After receiving recommendations from staff, on December 20, 2000 the Board referred proposed amendments to the Planning Commission for its consideration. On July 17, 2001, the Planning Commission held a public hearing and recommended that the Board approve the attached ordinance amendments. Current Ordinance and Background The existing massage clinic ordinance requires a certified massage practitioner to hold a valid County permit and to perform massages only at a County permitted massage clinic. The permitting requirements do not apply to designated health care professionals. Massage clinics can only be located within health clubs, beauty salons, barber shops, and tanning salons. The application process is administered by the Police Department. Preparer: -_-. v---Cu~,-I Title: County Attorney Steven L. Micas 2014: 54677.1 Attachments: Yes ~-~ No Meetin l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA September 26, 2001 Item Number: Page 2 of 2 In 1997, the General Assembly allowed the State Board of Nursing to certify massage therapists. The State Board established training and education requirements for massage therapists. Sua~mary of Proposed Changes The Planning Commission made its recommendations after extensive consultation with staff and representatives of the massage therapists. The Police, Health and Planning Departments support the recommendations. Attached is a chart that summarizes key elements of the current ordinance and the Planning Commission's recommendations. The most significant changes are as follows: o 0 o Cross-gender massages will be permitted in designated settings, but not at residences. Same-gender massage will be available at residences if performed by a licensed massage therapist. Seated massages of the upper body or feet when fully clothed and seated in a chair will be allowed at work sites during business hours and at certain public gatherings. Massage will be allowed in motels only if the motel has a massage clinic license and the massage is not conducted in a guest room. The equipment and physical plant of massage clinics will be maintained in accordance with Health Department standards. The Police Department will continue to administer the permit process and conduct criminal records checks of applicants, however, the process will be conducted every two years instead of on a yearly basis. Application fees for massage clinics will be reduced from $300 to $100 and fees for a County massage therapist permit will be reduced from $150 to $50. The zoning ordinance amendments would allow massage clinics by right in the Commercial and Office Districts and by conditional use in the Industrial Districts. Free-standing massage clinics are not permitted under the existing ordinance. Staff recommends that the Board approve the attached ordinance amendments. 2014:54677.1 02,11 MASSAGE CLINICS Current Ordinance Planning Commission's Recommendation 1 Cross-gender massages limited to medical setting. Permit cross-gender massages, but not in a residence. 2 Massage at workplace prohibited. Allow seated massages at work sites during business hours. 3 Massages at public gathering prohibited. Allow seated massages at public gatherings. 4 Prohibits massage clinics as a home occupation. No change to current ordinance. 5 Massage clinics limited to an accessory use in a. Allow massage clinics by fight in Office and established businesses (Barber Shop, Beauty Salon, Commercial Districts and by conditional use in etc.). Industrial Districts. b. Same-gender massage allowed at client's residences. c. Allowed at motels/hotels if a massage clinic but not in guest room. d. Allowed in "care facilities". 6 Specifies particular "morals" offenses that are Limit to general statement that certified massage therapists prohibited, will comply with all applicable laws. 7 Expansive definition of massage. Conform definition of massage to State Code definition. 8 Massage recipient defined as "patron". Change "patron" to "client". 9 Police Department can reject application based on any Retain current standard providing "screen out" for felonies, felony or misdemeanor convictions. "case-by-case" determination for misdemeanor convictions. 10 Record-keeping requirements identifying clients. Eliminate record-keeping requirement. 11 Regulates the equipment and physical plant of the Maintain physical standards consistent with medical clinic, standards defined by the Health Department. 12 Requires yearly permit with right of inspection. Maintain a more restricted police permitting process with criminal records check every two years; retain fight of inspection. 13 Application for massage clinics more extensive than Streamline application for massage clinic applications. massage therapists. 14 Renewal application same as original application. Streamline renewal applications. 15 Application fee for massage clinic ($300), massage Massage clinic fee reduced to $100, massage therapist fee therapist ($150), renewal fees ($50). reduced to $50, renewal fee stays at $50. 16 Application for permit requires listing of applicant's Eliminate. contagious or communicable diseases if any and requires chief of police to determine if applicant needs medical treatment. 1914:53641.1 (~ '>4'~ 8/10/01 3:23 PM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 15-91, 15-92, 15-93,15-94, 15-95, 15-96,15-97, 15-98, 15-99, 15-102, 15-103, 15-104, 15-105, 15-106; BY ADDING AND ENACTING SECTION 15-99.1; AND BY REPEALING SECTIONS 15-100 AND 15-101, RELATING TO REGULATION OF MASSAGE CLINICS AND CERTIFIED MASSAGE THERAPISTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 15-91, 15-92, 15-93, 15-94, 15-95, 15-96, 15-97, 15-98, 15-99, 15-102, 15- 103, 15-104, 15-105 and 15-106 of the Code of the Coun_tv o_f Chester_field, 1997, as amended are amended and re-enactef that Section 15-99.1 is added and enacte& and that Sections 15-100 and 15-101 are repealed, as follows: Sec. 15-91. Definitions. For this article, the following words and phrases shall have the following meanings: Barber shop: An establishment which provides one or more of the following services in exchange for consideration: hair care, makeovers, facials, manicures, pedicures, or body waxing. Beauty salon: An establishment which provides one or more of the following services in exchange for consideration: hair care, skin care, makeovers, facials, manicures, pedicures or body waxing. Care Facility: A hospital, nursing home, convalescent care facility, assisted living facility, life care facility, or group care facility. Certified massage therapist: Any person who administers a massage to another person, in exchange for consideration, and who has qualified as a certified massage therapist pursuant to the requirements of Code of Virginia, §§ 54.1-3000 and 54.1-3029, including but not limited to a massage clinic operator. Chief of police: The Chesterfield County Police Chief or his designee. Client: A person receiving a massage. Consideration: Anything of value given in exchange for services rendered, including, but not limited to, money, goods, services or advertising. 1305:51469.1 l 8/9/01 10:29 AM 02 3 Health club: An establishment which provides health and fitness equipment and programs for its patrons' client's use in exchange for any form of consideration. A health club may be located in a hotel or motel but not in a guest room in a hotel or motel. Massage: The treatment of soft tissues for therapeutic purposes by the application of massage and body work techniques based on the manipulation or application of pressure to the muscular structure or soPt tissues of the human body; :--'--J: ~1 ~al ~LIUIID UI uy till ~II~LIUII UI ~11~ II~UIU UI V~UI Uatll3 UI ally [IIIU. IYla33g~ 311all IIUL IIIbI~U~ ~ ~, ~..~, pa~s [~ ~.y ~.,~ person. Massage shall not include the diagnosis or treatment of illness or disease or any se~ice or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture or podiat~ is required by law. Massage clinic: A fixed place of business where a person engages in, --- j ....... ' ce~ified massage therapist gives a client a massage. A massage clinic shall ~ either be freestanding or located within a health club, tanning salon, hotel or motel (but not in a guest room in a hotel or motel), beauty salon or barber shop. A massage clinic shall not be located in a dwelling unit. Massage clinic operator: The person who files and signs the application for a massage clinic permit and who is responsible for the day-to-day operation of the clinic. The massage clinic operator need not qualify as a certified massage therapist if he or she does not intend to administer massage. Public gathering: Any event occurring in the County that is open to the general public and involves more than fifty persons. Seated massage: A massage of the upper body or feet when the massage client is fully clothed and seated in a chair. Tanning salon: An establishment which has as its primary business the provision of tanning services in exchange for consideration. Sec. 15-92. Permit required. No person shall administer or perform or permit to be administered or performed a massage in exchange for consideration in or upon any premises within the county unless: 1305:51469.1 2 8/9/01 10:29 AM (a) (b) The massage is performed for medical, relaxation, remedial or hygienic purposes; and The person performing the massage is a certified massage therapist and holds a valid county permit --- ~ .... ' ....... '~' ~ ty a,,u u,,,~ a va.u coun massage -':--: ........:' '-- - ' ..... : ..... ~ ~'-- *'- - Ifa massage is performed in a massage clinic, a valid county massage clinic permit has been issued for the premises. Sec. 15-93. Exclusions. Section 15-92 shall not apply to massages administered for medical, relaxation, remedial or hygienic purposes by (i) a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Virginia; (ii) a licensed nurse acting under the prescription or direction of any such physician, surgeon, chiropractor, osteopath, or physical therapist; or (iii) a certified massage therapist acting on the premises of any such physician, surgeon, chiropractor, osteopath or physical therapist and under his prescription or direction. Section 15-92 shall not apply to barber shops or beauty salons in which massage is given to the scalp, face, neck or shoulders only. Sec. 15-94. Permit application. (a) No person shall operate a massage clinic or act as a certified massage therapist in the county without having obtained a permit from the county. Permit applications shall be made to the chief of police, who shall investigate all permit applications. Applicants shall pay to the county treasurer ~" ,oJ,~,~.00 $100.00 for a massage clinic permit and $50.00~,,*' 50.00 for a certified massage therapist permit, to cover the costs of investigation by the police, health and other departments, as needed. The treasurer's receipt of payment shall accompany the permit application. All permits shall expire annually eve _ry two years on the anniversary date of the issuance of the original permit. Permits issued prior to~.y' ~--- I',, '"~'~ ~ ~4 J""~"L~T ........ "'," A ~,~,,~ .... [date of adoption], shall expire on the next anniversary date of the issuance of the original permit and annually every two years thereaaer. Failure to file a renewal application at least 30 days prior to the expiration date of the permit shall be grounds for revoking or suspending the permit. A renewal application shall be completed and filed as required below, in ,,,~ ,~,,~-,~, ,~pp-,~,~,,,.,,. Renewal applicants shall pay $50.00 to the county treasurer to cover the costs of investigation by the police, health, fire and other departments, as needed. The treasurer's receipt of payment shall accompany the renewal application. A permit application shall not be considered within 12 months of denial of a substantially similar permit request. (b) The certified massage therapist permit application shall include, but not be limited to, the following: 1305:51469.1 3 8/9/01 10:29 AM 0215 (c) (1) (2) (3) The full name, age and present address of the applicant. The applicant's social security number. The applicant's addresses for the ten years immediately preceding the date of the application. (4) (--7-) (6) (-85 (7) O-) (8) (-I-2-)(10) (11) (12) The applicant's height, weight, race, sex and eye and hair color. The applicant's portrait photograph, which gives a clear view of the applicant's face. The applicant's business, occupation or employment for the five years immediately preceding the date of the application. The applicant's previous experience as a massage clinic operator, a massage practitioner or a ce~ified massage therapist. The applicant's criminal convictions, other than traffic offenses, and the date and place of the applicant's conviction. ~1 hULl UI ~1 3Wllh 1 ~ll~l lll~ Ll ~dLlll~llL. VV ILll Lll~ llllLl~l ~IIDdLIUII~ A list of all other professional licenses held by the applicant from any jurisdiction and whether or not the applicant has had any such license suspended or revoked. Written proof that the applicant meets the requirements contained in Code of Virginia, ~ 54.1-3000 and 54.1-3029, for a ce~ified massage therapist. Written authorization for the county, its agents and employees to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is tree. Written declaration, dated and signed by the applicant, ceai~ing that the infomation .contained in the application is tree and correct. The application for a massage clinic permit shall contain: (1) (2) The full legal name and any trade name of the applicant and the applicant's business address and telephone number. The applicant's social security or employer identification number. 1305:51469.1 8/9/01 10:29 AM 4 (3) (4S) (S_6) (78) (89) (__9+0) The applicant's related employment or business experience for the five years immediately preceding the date of the application, including all previous experience as a massage clinic operator, massage practitioner or certified massage therapist. All criminal convictions, other than traffic offenses, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and the date and place of the applicant's conviction. A list of all other professional licenses held by the applicant from any jurisdiction and a statement of whether or not the applicant has ever had any such license suspended or revoked. Written authorization for the county, its agents and employees to conduct a background investigation o'btt'te-apptimm, including a criminal records check, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and to investigate whether the information provided by the applicant is true. Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct. A description of the massage clinic, including the number and location of rooms to be used, the number and names of certified massage therapists to be employed and the hours of operation. If applicable, a list of the applicant's owners, officers, directors, managers and partners, including the name, address and title of the person filing the application on the applicant's behalf. A renewal application for a massage therapist permit and a massage clinic permit shall contain: (2) (3) (4) (6) The full name, age and present address of the applicant or, for a massage clinic, the full legal name and any trade name of the applicant and the applicant's business address and telephone number. The applicant's social security number or employer identification number. The applicant's existing permit number. All criminal convictions, other than traffic offenses, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and the date and place of the conviction. Written authorization for the county, its agents and employees to conduct a background investigation, including a criminal records check, of the applicant and, if applicable, the applicant's owners, officers, directors, partners and managers and to investigate whether the information provided by the applicant is true. Written declaration, dated and signed by the applicant, certi _fving that the 1305:51469.1 8/9/01 10:29 AM information contained in the renewal application is true and correct. Sec. 15-95. Referral of application. The chief of police shall refer permit applications, as needed, to the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes for their recommendations. Sec. 15-96. Granting of permit. Within 60 days of the date of the permit application, the chief of police shall issue the permit if he shall find all the following: (a) ~ Any massage clinic to be used or constructed meets all zoning, building, plumbing, utility, health, electric and fire prevention codes, as reported by the applicable departments. (eb) The applicant complies with all requirements of this article. (dc) The applicant is of good moral character and reputation in the community and does not pose any threat to the community's health and safety. Any past felony or misdemeanor convictions of the applicant, including a conviction pursuant to this article, shall be considered in making this determination. (ed) The applicant is at least 18 years old and complies with the requirements of Code of Virginia, §§ 54.1-3000 and 54.1-3029. (f_e) The applicant has not made any false, misleading or fraudulent statements in the permit application nor in any other related document required by the county. Sec. 15-97. Display of permit. Every person who receives a massage clinic permit shall display the permit in a conspicuous place so that it may be seen by anyone entering the massage clinic premises. Each certified massage therapist shall post his or her current certificate issued by the State Board of Nursing in a public area at the massage clinic premises. Sec. 15-98. Necessary facilities. (a) Each massage clinic shall have and maintain the following facilities or equipment in a clean, sanitary and workable condition: 1305:51469.1 6 8/9/01 10:29 AM (1) (2) (-6-)(4) Equipment for disinfecting and sterilizing nondisposable instruments and materials i_f used in performing massage. Hot and cold water and soap, which shall be provided at all times. Towels and linens for each of the clinic's clients patrons or each client patron receiving massage semices. Common use of towels or linens shall not be permitted. A custodial se~ice sink located in "-- -':--:- ~,,~ n~assage quai~ers or the building i~ ~ which the massage clinic quarters are located. (b) Each massage clinic operator shall maintain any walls, ceilings, floors, pools, showers, bathtubs, steam rooms and any other physical facilities for the clinic in good repair and in a clean and sanitary condition. Any heat, steam or vapor rooms or cabinets shall be cleaned each day the clinic is in operation. Bathtubs shall be thoroughly cleaned after each use. (c) Massage tables, bathtubs, shower stalls and steam or bath areas shall have nonporous surfaces which may be readily disinfected. Sec. 15-99. Individual health requirements. (a) No massage clinic operator or certified massage therapist shall be permitted to give massage or come in contact with a massage clinic client patron unless the operator or certified massage therapist shall be free of any contagious or communicable disease. The director of public health or his designee may, for cause, prohibit an operator or certified massage therapist from giving massage unless and until the person provides him with a certificate from a licensed physician that the person has been examined within the previous ten days and found to be free of all contagious or communicable diseases. (b) No certified massage therapist shall knowingly serve any client patron infected with any fungus or other skin infection; nor shall massage be performed on any client patron exhibiting skin inflammation or eruption unless a licensed physician has certified that any such person may be safely served and has prescribed any necessary conditions on the service. Sec. 15-99.1 Permissible locations for massage. A certified massage therapist may give a massaee in the county only at the following locations 1305:51469.1 7 8/9/01 10:29 AM and under the following conditions: (-D At a permitted massage clinic; At the regular place of business, not located in a residence, of the massage client during the regular hours of such business; provided, that a certified massage therapist may only give a seated massage at such location; (3) At a care facility; At a public gathering; provided that a certified massage therapist may only give a seated massage at such location; and Except as otherwise prohibited by this article, at a client's residence; provided that a certified massage therapist may only give a massage in a residence to a client of the same gender as the certified massage therapist and shall possess his or her current certificate issued by the State Board of Nursing and his or her current county permit. IL ;3110.11 uu UIII0.B'ILII IUI 0.11y [,JUI3UII~ [TAg, UI3I 0. 10, w UIIIUIg*gJIIIUIII, kJlllgUl 0.~Llll~ 111 1113 UIII~I0.1 ~0.lJo~ll,~/~ V~llllK7 317[Aklll~.~ 1110.330.~ /U /~1V K7 0. 10.1;3K7 UI II~,IlHUU3 110.111~ tU 0. 1110.330.~ ~11111~ kJl. J~;l ~/UI~ ~..*~1L. IIIUU 111(1.~30.~ [11~1;710.1.)13t UI U£11UI UIIIIJIUyUU. 2~kll.y }JCl 3UII ~'UIiVI~..AXTU LIIIU~71 11113 ;3UU3U~IIUII 3110.11 UU }JUIII~IIUU Uy ~[ ilIIU Ui IIUL IU33 Lll~ll ¢~J.UU i}Oi' IIIUIU Lll0.11 ¢iYu. O0. Sec. 15-100. Repealed. 1305:51469.1 8 8/9/01 10:29 AM nut apply Sec. 15-101. Repealed. Sec. 15-102. Massage clinic and therapist responsibilities. A massage clinic shall not be operated under any name or at any location except the name and location specified in the permit. A iuassage -':--:- h,__,, _._,_. ,__, ..... J ___:~,_:._ ,___,~,_ _,__, ....... : blllllb 3110.11 `,lily U~ I~J~.~`*L[TU VVILIIIII a 1117121,1L11 blUkJ~ 1o.1111111~ ~`.1`,11, u~`*uLy ,`.1~11 `,1 ~`.1~1 shop. The massage clinic operator shall be responsible for maintaining the premises in accordance with this article's requirements and for insuring that all agents and employees comply with this article's requirements. No person granted a certified massage therapist permit shall operate under any name except the name specified in the permit. No massage clinic operator shall allow on his premises any activity or behavior prohibited by the laws of the United States, the Commonwealth of Virginia, or this county~ -~'~': .......... '-':--~ ' ' I CI`*LIII~ LU ~`*llll./llll~, prOStittitiOii, --z ...... 1 ~,,~111~ [,, `,o~,~l,l[y `,1 111,,1,,1 ~lV,~u,~, and no certified massage therapist shall engage in any such behavior. Sec. 15-103. Revocation and suspension of permit. The chief of police may revoke or suspend any permit upon the violation of this article. No permit shall be revoked until the chief of police holds a hearing to determine just cause for the revocation or suspension. At the hearing, the permittee shall be able to present evidence and argument against revocation or suspension. The permittee shall be provided with notice of the hearing by mail, at least five days prior to the hearing, to the address on the permit. Notice shall include a written statement setting forth the grounds for revocation or suspension. After the hearing the chief of police shall determine whether a violation has occurred and if so whether the permit should be suspended or revoked. Upon finding a violation, the chief of police may suspend the permit for not more than 60 days or revoke the permit. The chief of police's decision shall be final. Sec. 15-104. Transferability of permit. Ifa massage clinic is sold or transferred to a new owner, the clinic's permit shall no longer be valid. Unless prior approval shall have been obtained from the chief of police, the enlargement or alteration of the massage clinic's business structure shall automatically revoke the permit. 1305:51469.1 9 8/9/01 10:29 AM 0221' Sec. 15-105. Right of inspection. The police or health department may inspect those areas of each massage clinic which are open to the public for the purpose of determining compliance with this article. Inspections shall be made at reasonable times and in a reasonable manner. Sec. 15-106. Penalty. Any person who violates this article shall, in addition to being subject to the provisions of section 15-103, and to the provisions of any other applicable ordinance or statute, be guilty ora misdemeanor and, upon conviction, shall be punished by a fine not exceeding $1,000.00 or by confinement in jail for a period not exceeding one year, either or both. Secs. 15-107--15-120. Reserved. (2) That this ordinance shall become effective immediately upon adoption. 1305:51469.1 l0 8/9/01 10:29 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-68, 19-130, 19-144 AND 19-301 RELATING TO ZONING OF MASSAGE CLINICS AND CERTIFIED MASSAGE THERAPISTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-68, 19-130, 19-144 and 19-301 of the Code o_f the County of Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21' (g) 000 A business operated on a lot or parcel inside or outside of a dwelling unit or accessory building and not a home occupation, not to include a massage clinic and certified massage therapist; provided that the owner or operator of the business resides on the premises. OOO Sec. 19-130. Permitted uses by right. Within any O-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: OOO (m) (mn) Massage clinics. Underground utility uses except as provided in section 19-131 (g), when such uses are located in easements or in public road rights-of-way. Access to any land which is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. 000 1914:53790.1 Sec. 19-144. Permitted uses by right. Within any C-1 District, no buildings, structures or premises shall be used, arranged or designed to be used except for one or more of the following uses: (w) (x~) OOO Massage clinics. Underground utility uses when such uses are located in easements or in public road rights-of-way, except as provided in section 19-145(a). Video rental and sales store. OOO Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: Massage clinic: OOO The definition set forth in County Code § 15-91 shall apply. ooo That this ordinance shall become effective immediately upon adoption. 1914:53790.1 Og24. An Affi{iate of Media General Advert}sing Affidavit (This is not a bill. PleaSe pay from invoice) P. O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 220806 09/19/2001 [Date Code Oes%i'~ion Ad'"'kjze --' T---~ta] CoS'"-------~ ] 09/19/2001 121 TAKE NOTICETAKE NOTICE THAT THE gOARD O 2.00 x 3 ] _00 507 dR Media Genera{ Operations, Inc. Publisher of THE RICHMOND TIJV{ES-DJSPATCH This is to certify that the at~ached TAKE NC)TICETAKF, NOTIC[ was published by Richmond Newspapers, inc. in the CRy of Richmond, State of Virginia, on the f°llovvi no dates: 09/12/2001 09/19/2001 The first insertion being given .... 09/12/'200t Sworn to and subscribed before grate of Virginia {fy of Richmond My Commission eXPires THiS iS NOT A BILL. PLEASE PAY FROB/J iNVOiCE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meetin~ Date: September 26, 2001 Item Number: 17. D. Subject: Public Hearing on Proposed Amendments to the County Code Relating to Regulation of Adult Uses County Administrator's Comments: County Administrator: Board Action Requested' Public hearing on proposed amendments to the County Code relating to adult uses. Summary of Information' Bas~ on c®m~laints from Dale District citizens received by Mr. Miller a~®ut sexually explicit video stores and Henrico County's recent experience with an "exotic" dance club, the County Attorney recommends a number of changes to the County Code. Staff recommends that no changes be made to our public nudity provisions at this time, and those sections of the Code have not been advertised for the public hearing. Henrico County is currently defending its public nudity ordinance in federal court. Because our ordinance is similar, the outcome of that case may necessitate some additional changes to our ordinance at a future date. Steven L. Micas Attachments: Yes [---] No Title: County Attorney 1922: 54376.1 (54086.1/54345.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin l Date: September 26, 2001 Item Number: Historical Backqround For many years, the County Code has regulated sexually-oriented businesses ("adult uses"). For example, a number of the existing zoning and regulatory ordinances were applied to the proposed Foxxx Video Store application in July, 1999. The Foxxx Video experience illustrated that our ordinance should be updated to reflect current practices and terminology. Many national studies have determined that adult uses cause negative effects within a community, such as lowered property values, increased crime rates and health-related concerns. Courts have also upheld restrictions on the content of external signs and advertising at adult establishments to prevent a decline in surrounding property values, deterioration of the neighborhood and to protect children and unconsenting adults who may come into contact with such displays. The County also has the ability to require that "adult materials" be located in a separated area. Mr. Miller has received complaints from the Dale District citizens about advertisements and video box covers for R-Rated videos. A national rating system for videos regulates the age-appropriateness for those types of materials. Accordingly, any local regulation of the location of R-rated videos is likely to be indefensible under the First Amendment. Local licensing of adult uses is generally allowed only if: (1) the decision of whether to approve the license is based on specific, objective criteria, (2) there is a prompt administrative decision on the application, and (3) there is a mechanism for prompt judicial review of the decision. Based on the above, staff recommends that the Board approve the attached proposed amendments to Chapters 3, 6 and 15 of the County Code that will: Revise the police licensing ordinances for adult uses to set a time limit for approval with a mechanism for quick judicial review. Impose "juvenile sensitive" regulations on adult uses requiring that sexually explicit merchandise not be visible from outside the establishment; restricting the number and sexually explicit content of signs; and prohibiting the employment of minors. 1_~22:54376.1 (54086.1/54345.1) 0~I[[' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetin~l Date: September26, 2001 Item Number: o o Require that stores that market a small number of videos or books with sexually explicit images segregate the materials, advertising and displays in a separate area of the store not open to juveniles. Add new regulations that require adult uses to have "open booths" and prohibit touching of patrons by dancers and vice versa. Clarify definitions relating to adult uses and to dancing. Additionally, at the August 22 meeting, the Board referred amendments relating to the treatment of adult businesses in the zoning ordinance to the Planning Commission. Those amendments provided specific criteria for the conditional use process for adult businesses, updated definitions relating to adult businesses, and established a requirement that sexually explicit merchandise be separated from other merchandise in businesses that do not meet the definition of adult businesses. The Planning Commission will forward its recommendatio~ on those proposed ordinance changes to you in the near future. 1922: 54376.1 (54086.1/54345.1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 3-1, 6-1, 6-7 and 15-121 AND ADDING SECTIONS 6-41.1, 15-122.1, 15-122.2, 15-122.3, 15-122.4, 15-122.5, 15-122.6, 15-122.7, 15-122.8, 15-122.9 and 15-122.9A RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 3-1, 6-1, 6-7 and 15-121 of the Code of the Coun_ly of Chesterfield, 199 7, as amended, are amended and re-enacted and Sections 6-41.1, 15-122.1, 15-122.2, 15-122.3, 15-122.4, 15-122.5, 15-122.6, 15-122.7, 15-122.8, 15-122.9 and 15-122.9A are added to read as follows: Sec. 3-1. Defined. For this article, a dance establishment means any}~u~,~,L':- u,,,,,~, ~ ..... ~,,~.'--" or any ,_,LL~-" .... place open to the public where dancing is permitted by the public. OOO Sec. 6-1. Definitions. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: 000 Nightclub means any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. Live entertainment shall mean entertainment provided by live artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers or comedy. A nightclub is a dance establishment within the meaning of chapter 3. OOO Sec. 6-7. Certain permits or certificates required. Every person subject to licensure for acting as a bondsman, fortune-teller, massage therapist, massage clinic operator, nightclub operator, taxi driver or solicitor, or adult business operato a. auu~t u'o'~h.~tul~/wu~ at. LC, o. Uu~t i5iotioil --- ~ shall first obtain a permit or ce~ificate as required by Chapter 15. OOO Sec. 6-41.1. Adult Business operator. Every_ person operating an adult business as defined in Chapter 19 shall pay a license tax of $100.00, which shall be in addition to any other taxes or fees required for the sale of food and drinks or the provision of services. OOO Sec. 15-121. Certain Nightclub permits required from chief of police --Application; issuance. (a) Every person desiring a business license to operate (-i-) a nightclub, as defined in iniiii-motion picture ~'n,~[,~, ~ ~.~ ~. ~.~[., ,~, shall first a to the chiefo olice, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25. 000 15-122.1. Adult Business Permits Required from Chief of Police - Application. Every_ person desiring a business license to operate an adult business, as defined in Chapter 19, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25. The permit shall be valid for a period of twelve months and may be renewed subject to the same requirements as the initial permit. (b) Information required on the permit application shall include, but not be limited to, the following: The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number; 2_(2) Names and addresses of references; Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted, and the penalty or punishment assessed; (4) Photograph and fingerprints of applicant; and 1914(00):54086.2 2 9/25/01 0:49 PM (5) Name, including any fictitious names, and address of the business for which a permit is sought. (6) Written authorization to conduct a background investigation of the applicant, including a criminal records check, and to investigate whether the information provided by the applicant is true. (7) Written declaration, dated and signed by the applicant, certi _fying that the information contained in the application is true and correct. (8) Whether the applicant holds or has held any other permits under this ordinance or other similar adult use ordinance provisions from another locality within the past 5 years and, if so, the names and locations of such other permitted businesses. (9) A description of the intended business activity and, if adult entertainment as defined in Chapter 19 is to be provided, a description of such entertainment. For a corporation, partnership or other legal entity, "applicant" includes each officer.. director, partner, investor or principal of the entity and any managers of the business. (d) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business itself will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review. 15-122.2. Adult Business Permits Required from Chief of Police-Issuance. The chief of police or his designee shall grant or deny an application within 30 days of its proper filing, unless information requested from other law enforcement agencies is not received within that 30 day period, in which case the Chief of Police or his designee shall have an additional 30 days to act on the application. Upon the expiration of the applicable time period, unless the applicant requests and is granted a reasonable extension of time. the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the chief of police or his designee notifies the applicant of a denial of the application and states the reasons for that denial. If the application is denied, the chief of police or his designee shall noti~ the applicant of the denial and state the reasons for the denial. The chief of police or his designee shall deny the application for any of the following reasons: 1914(00):54086.2 3 9/25/01 0:49 PM ~ An applicant is under eighteen years of age. An applicant has failed to provide information required by this Chapter or has falsely answered a question. The premises to be used by the adult business have not been approved as being in compliance with health, fire and building codes. (4) The application or permit fees have not been paid. (5) The business does not have proper zoning. (6) The applicant has a permit under this ordinance which has been suspended or revoked. The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted of a felony or a crime involving moral turpitude, has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article, or is not of good moral character. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations. 15-122.3. Inspection. In addition to any existing legal authority, representatives of county departments may inspect those areas of each adult business which are open to the public or in plain view for the purpose of determining compliance with these provisions. Inspections shall be made during the adult business' regular business hours. 15-122.4 Revocation. The chief of police or his designee, may revoke or suspend a permit issued pursuant to this article upon determining that: A permittee gave false or misleading information in the material submitted during the application process; or A permittee or an employee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises; or 1914(00):54086.2 9/25/01 0:49 PM 4 A permittee or an employee has knowingly allowed prostitution on the premises; or The permittee refused to allow an inspection of the adult business premises as authorized by this Chapter; or ....2.. On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting (1) aiding, abetting or harboring a runaway child; (2) prostitution or promotion of prostitution; (3) exposing minors to harmful materials; (4) dissemination of obscenity; (5) sexual assault for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or A permittee is convicted of tax violations for any taxes or fees related to the adult business; or A permittee has demonstrated inability to operate or manage an adult business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers; or A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other sexual activity to occur in or on the permitted premises. A permittee has been operating an adult business not approved under the applicable permit. 10____~. A permittee has failed to comply with the provisions of this article. 11. A permittee's business fails to comply with applicable county or state laws or regulations. (b) If the chief of police or his designee revokes or suspends a permit, he shall noti _fy the permittee in writing of such action and the reasons for the action, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the chief of police, or his designee within ten days of the date of the revocation notice. If a hearing is properly requested, it shall be held within ten days of receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within 5 days of the hearing, the chief of police or his designee shall render a decision. The permittee 1914(00):54086.2 5 9/25/01 0:49 PM must discontinue operation of his business if the chief of potice or his designee renders a final decision revoking or suspending the permit. 15-122.5 Transfer of Permit. (a) A permittee shall not operate an adult business under the authority of a permit at any place other than the address designated in the approved permit. (b) A permittee shall not transfer his permit to another person. 15-122.6 Judicial Review of Adult Use Permit Denial or Revocation. After denial of an application, denial of a renewal of an application, or revocation or suspension of a permit, Chesterfield County will facilitate the applicants' obtaining prompt review of the decision from the Circuit Court of Chesterfield County. 15-122.7. Regulations Pertaining to Adult Businesses Providing Adult Entertainment. For purposes of this Section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Chapter 19, or violates Section 14-33 of the County Code. No person shall perform adult entertainment for patron(s) of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patron(s). No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. The adult business shall provide separate dressing room facilities for female and male performances which shall not be occupied or used in any way by any one other than performers. The adult business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum of four (4) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers. No entertainer, either before, during, or after a performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either 1914(00):54086.2 6 9/25/01 0:49 PM before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separation between performers and patrons required by this section. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performance shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron. Patrons must be at least 18; Owners, managers, entertainers must be at least 18; The adult business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. on any particular day. No operator of an adult business shall cause or allow a performer to contract or engage in any entertainment such as a "couch" or a "straddle" dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch" or "straddle" dance with a patron while in or on the establishment premises. For purpose of this subsection, "couch" or "straddle" dance is defined as an employee of the establishment intentionally touching or coming within ten (10) feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexually activity". This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten (10) feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" while acting as a waiter, waitress, host, hostess, or bar tender. Sec. 15-122.8 (b) 000 Regulations Pertaining to Adult Businesses Not Providing Adult Entertainment. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. Youth-oriented merchandise must be kept separate from the sexually oriented 1914(00):54086.2 7 9/25/01 0:49 PM merchandise. To the extent booths are provided for viewing of videos, movies, DVDs, or other media, the booths must meet the following criteria: minimum size of 500 square feet. no doors on booths so that manager may have visual access to the booth. 3_~ Firewalls must be provided between booths. _(~ The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every_ place patrons are permitted access and an illumination of not less than two foot candles as measured at the floor level. Sec. 15-122.9 (b) Regulations Pertaining to All Adult Businesses. Sexually explicit material shall not be displayed in the windows of adult businesses. Signs advertising the adult business shall not display sexually explicit pictures or language. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adult businesses shall not employ any person under the age of 18. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. Sec. 15-122.9A If any part of this section of the ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be affected thereby. OOO (2) That this ordinance shall become effective immediately upon adoption. 1914(00):54086.2 8 9/25/010:49 PM An Affiliate of Media Genera~ Advertising Affidavit (This is not a bill. Please pay from invoice) P, O. Box 85333 Richmond, Virginia 23293-0001 {804) 649.6000 [AccoL~n 22Qg06 ogfl 9/2QQ1 I Date Code Description A~d Size Tot;l Cost TAKF, NOTICF;TAKF, NOTICE THAT THE RC)ARD {D 2.00 x 25_00 Media Genera[ Operations, inc. Pu blisher of ATTACH HERE THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©T~CF, TAKE NC~T[C~ was published by Richmond Newspapers, inc. in the C~y of Richmond, State of Virginia, on the following dates: 09/12/2001 09/19/2001 The first insedion being given .... o9/12/~om Sworn to and subscribed before me th~s _ ~_ Notary Public State of V~rginia c~y of mc~mond My Commission e~ires ~ THiS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: September 26, 2001 Item Number: 17.E. Subject: Public Hearing to Consider the Appropriation of Funds Received from the Department of Medical Assistance Services and Authorization to Execute Related Documents County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing to consider the appropriation of up to $500,000,000 from the Department of Medical Assistance Services and authorize the County Administrator to execute documents and complete the transaction. Summary of Information: Lucy Corr Nursing Home, like virtually all other public and private nursing home facilities, receives a large percentage of its revenue from the federal Medicaid program. In Virginia the Department of Medical Assistance Services ("DMAS") administers the Medicaid program pursuant to the Virginia State Medicaid Plan. Under the program, whenever Lucy Corr provides Medicaid-eligible services, it receives Medicaid reimbursement from DMAS. For years, DMAS has reimbursed Lucy Corr based on an established reimbursement schedule. In turn, the federal government reimburses DMAS. Recently, the Commonwealth realized that it was eligible under federal regulations to receive a larger reimbursement amount. In order to recover this additional reimbursement, Medicaid regulations require DMAS to make enhanced ~Jam s~~'.~ ~t~aier Attachments' Yes ~ No Title: Deputy County Administrator 0413:54364.1 (54586.2~ 54550.], 54582.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin l Date: September 26, 2001 item Number: payments in a lump sum to a public nursing home provider like Lucy Corr. On June 24, 2001, the Commonwealth amended the Virginia State Medicaid Plan to permit recovery of enhanced payments. The Commonwealth has planned and the Health Care Financing Administration has authorized, transactions which statewide will total $500,000,000. Under the plan, participating localities will borrow respective shares of the Statewide total. The borrowed funds will be transferred to a state account, then returned to the local account and used to repay the loans. In addition, the Commonwealth will pay an incentive fee of about 1.5% of the transaction amount, and pay an amount to cover transaction costs, to the locality. Upon completion of the transaction the state will receive about 50% of the transaction amount, or about $250,000,000, in Federal reimbursements. Chesterfield's anticipated share of the Statewide total is at least $78,588,646, divided between transactions planned for November 2001 ($54,193,369) and June 2002 ($24,395,277). These will generate incentive fees of $711,707 and $317,873, respectively. Because the amounts may change and other localities have not yet decided to participate, staff recommends that the Board appropriate the statewide total of $500,000,000. This will allow the County to take advantage of whatever amount the state ultimately offers, thereby maximizing the incentive payment. Because this money will have to be appropriated and the amount will exceed $500,000, a public hearing is required by law. Staff also asks the Board to authorize the County Administrator to execute all necessary closing documents, which will be substantially in the form of the documents attached, subject to approval as to form by the County Attorney. COUNTY OF CHESTERFIELD IN THE NAME AND BY THE AUTHORITY OF THE BOARD OF SUPERVISORS RESOLUTION At a regular meeting of the Board of Supervisors of the County of Chesterfield, Virginia (the "County"), held on the 26th day of September, 2001, the following resolution was moved, seconded and adopted, to wit: WHEREAS, an amendment to the Virginia State Medicaid Plan, SPA 00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation was approved June 4, 2001 with an effective date of January 27, 2001 (the "State Plan Amendment"); and WHEREAS, it has come to the attention of the County that there exists an opportunity for the Lucy Corr Nursing Home to qualify as a Qualified Public Provider in order to receive enhanced payments from the Commonwealth of Virginia (the "Commonwealth"), through the Department of Medical Assistance Services ("DMAS"), for services provided to Medicaid-eligible residents; and WHEREAS, the Board of Supervisors of the County finds that the qualification of Lucy Corr Nursing Home as a Qualified Public Provider and its receipt of such enhanced payments from the Commonwealth will further the health, safety and welfare of the elderly and infirm citizens of the County and the Commonwealth; and WHEREAS, the qualification of Lucy Corr Nursing Home as a Qualified Public Provider will require County action in the form of this resolution; NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield, Virginia, as follows: SECTION 1. That the Board of Supervisors of the County does hereby authorize and approve the form, execution and delivery of the Intergovernmental Transfer Agreement by and between the County and the Commonwealth, through the State Treasurer (the "Intergovernmental Transfer Agreement"), the Funds Transfer Agreement by and between the Chesterfield County Health Center Commission and the County (the "Funds Transfer Agreement") and the Order of County to Bank to Transfer Funds Pursuant to the Agreement (the "Transfer Order"). SECTION 2. That the County Administrator of the County is hereby authorized on behalf of the County to execute and deliver: (1) the Intergovernmental Transfer Agreement, (2) the Funds Transfer Agreement, (3) one or more Transfer Orders; and (4) any and all documents or certificates deemed necessary, advisable or reasonably required in order to accomplish the transactions described in the Intergovernmental Transfer Agreement and the Funds Transfer Agreement. SECTION 3. That the Board of Supervisors of the County does hereby authorize the creation of a bank account at First Union National Bank to effectuate the transactions contemplated by the Intergovernmental Transfer Agreement and the Funds Transfer Agreement, and the County Administrator of the County is authorized to sign a Bank Signature Card on behalf of the County. SECTION 4. That the County is hereby authorized, in accordance with the provisions of Section 15.2-2630 of the Code of Virginia, 1950, to borrow money and issue one or more Special Reimbursement Anticipation Notes (the "Note" or "Notes") in the aggregate principal amount of not to exceed $165,000,000, in anticipation of the receipt of the enhanced payments and in the amount of 98.7% of the enhanced payments as more particularly set out in the Intergovernmental Transfer Agreement, each such Note to be repaid by the earlier of thirty days after the receipt of the related enhanced payment or one year from the date of issuance of such Note. Each such Note shall bear interest at the rate of zero per centum (0%) per annum, shall be executed on behalf of the County by its County Administrator and shall be in such form as shall be approved by its County Administrator upon the advice of counsel (including the County Attorney and Bond Counsel to the County), such approval to be conclusively evidenced by his execution thereof. SECTION 5. That a copy of this resolution, certified by the Clerk of the Board of Supervisors, shall be filed with the Circuit Court of the County in accordance with Section 15.2-2607 of the Code of Virginia, 1950. THUS DONE AND PASSED by the Board of Supervisors of the County of Chesterfield at a regular meeting held on the 26th day of September, 2001 at which meeting a quorum was present and voting in favor thereof. 0423:54586.2 2 INTERGOVERNMENTAL TRANSFER AGREEMENT between the COMMONWEALTH OF VIRGINIA, through the State Treasurer and THE COUNTY OF CHESTERFIELD This INTERGOVERNMENTAL TRANSFER AGREEMENT (the "Agreement"), by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth"), through the State Treasurer ("Treasurer"), and the COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), provides for intergovernmental transfers of funds to the Commonwealth from the County in order to qualify the Lucy Corr Nursing Home (the "Facility"), a county-owned nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), for receipt of enhanced payments for services provided to Medicaid-eligible residents. WHEREAS, the Department of Medical Assistance Services ("DMAS") is a Department of the Commonwealth of Virginia responsible for operating the State's Medicaid program pursuant to the approved State Medicaid plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, the County wishes to make intergovernmental transfers to the Commonwealth in the manner contemplated by the State Plan Amendment in order that the Facility can qualify for enhanced payments for services provided to Medicaid-eligible residents; and WHEREAS, a resolution has been adopted by the County approving this Agreement, authorizing the creation of an account (the "County Account") in First Union Bank (the "Bank") for receipt of funds from the Facility, authorizing Lane B. Ramsey to execute this Agreement, the Order to the Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, and a Bank Signature Card in the form of Exhibit B hereto, and any other documents or instruments necessary to consummate the transactions contemplated hereby; and WHEREAS, the Commonwealth has executed an Order to the Bank in the form of Exhibit C hereto authorizing the creation of an account in the Bank (the "Commonwealth Account") for receipt of funds from the County and has provided for DMAS to direct the distribution of funds deposited into the Commonwealth Account. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the County, as follows: SECTION 1. The County shall make two intergovernmental fund transfers from the County Account to the Commonwealth Account in accordance with the following paragraphs of this Agreement. The obligation to make each such transfer of funds is contingent upon receipt by the Bank of irrevocable instructions from DMAS instructing the Bank to make an enhanced payment pursuant to the Enhanced Payment Contract between the Facility and DMAS of this same date, which shall be attached to such instructions. The obligation to make each such transfer is also contingent on the County being advised that the Commonwealth has deposited in the Commonwealth Account funds to cover the County's costs of' each transaction, in accordance with the schedule set forth in Exhibit D, and that the Commonwealth has given irrevocable instructions to the Bank instructing it to transfer amounts to the County Account to cover transaction costs in the form set forth in Exhibit E. SECTION 2. The amount of each fund transfer to the Commonwealth shall be equal to 98.7% of the corresponding enhanced payment paid to the Facility in accordance with the State Plan Amendment. SECTION 3. The first transfer pursuant to this Agreement will be made immediately upon receipt of notification from the Bank of its receipt of irrevocable instructions from DMAS to implement the first enhanced payment pursuant to the Enhanced Payment Contract entered into between the Facility and DMAS of this same date. A subsequent transfer will be made immediately upon notification from the Bank of its receipt of irrevocable instructions from DMAS to make the payment pursuant to the Enhanced Payment Contract between the Facility and DMAS of this same date. SECTION 4. The County shall bear its costs associated with the transactions contemplated by this Agreement including all costs and fees relating to the borrowing of funds necessary to effectuate the transactions. SECTION 5. The term of this Agreement shall commence upon execution of this Agreement by the parties (the "Commencement Date") and shall remain in effect for three years from the date hereof, unless terminated by any of the following: A. The receipt of official notification by either party that the payment and transfers required by this Agreement are not in compliance with federal or state laws. B. The expiration of thirty days after receipt of written notice given by any party that desires to cancel its obligations under this Agreement, without cause, by giving the other parties thirty days written notice forwarded to their respective addresses by certified mail, overnight courier, or facsimile transmission. C. In no event will this Agreement last beyond the date as of which the State Plan Amendment ceases to be effective. SECTION 6. The County shall have no obligation of payment with respect to this Agreement other than as specified in sections 1 and 4 above. The Commonwealth will 0423:54580.1 2 indemnify and hold the County and its officials, employees and agents harmless for any claims by any entity, including governmental entities, for reimbursements, repayment or recovery of funds based on the transactions covered by this Agreement. SECTION 7. Any notice or other communication to be given under this Agreement may be given by delivering the same in writing: (A) To the Commonwealth: Mary G. Morris State Treasurer Department of Treasury 101 North 14th Street Richmond, Virginia 23218 with a copy to: Louis F. Rossiter Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 (B) To the COUNTY: Lane B. Ramsey County Administrator County of Chesterfield, Virginia P.O. Box 40 Chesterfield, Virginia 23832 SECTION 8. The rights and obligations of the parties under this Agreement shall not be assigned by any party. SECTION 9. Neither this Agreement nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. 0423:54580.1 3 Entered into this __ day of _,2001. COMMONWEALTH OF VIRGINIA, THROUGH THE STATE TREASURER By: Mary G. Morris State Treasurer COUNTY OF CHESTERFIELD, VIRGINIA By: Lane B. Ramsey County Administrator 0423:54580.1 4 EXHIBIT A ORDER OF COUNTY TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE INTERGOVERNMENTAL TRANSFER AGREEMENT Between the Commonwealth of Virginia, Through the State Treasurer and Chesterfield County, Virginia ,200 First Union Bank [Address] Attention: Dear Sirs: You have been designated to serve as banker pursuant to the terms of an Intergovernmental Transfer Agreement (the "Agreement") between the Commonwealth of Virginia through the State Treasurer (the "Commonweakh") and the County of Chesterfield, Virginia (the "County"), a copy of which has been furnished to you for your review. For the purposes of the Agreement, the parties have each established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"). The County's Account is No. (the "County Account"). Your bank has agreed to lend funds to the County pursuant to a Special County Revenue Anticipation Note to enable the County to qualify the Lucy Corr Nursing Home (the "Facility") as a qualified public provider under the Virginia Medical Assistance ("Medicaid") Program. The proceeds of the loan are to be distributed in two installments contemporaneously with the distribution of enhanced payments to qualified public providers under the Medicaid program. You are hereby instructed as follows: (1) upon receipt of irrevocable instructions from the Department of Medical Assistance Services ("DMAS") to make an enhanced payment to the Facility pursuant to the Enhanced Payment Contract, the bank shall distribute the proceeds of the loan installment to the County by deposit of immediately available funds into the County Account in an amount equal to $54,193,369, which amounts to approximately 98.7% of the corresponding enhanced payment pursuant to the Enhanced Payment Contract between the Facility and DMAS of this same date. 0423:54580. (2) immediately following such deposit, an amount equal to such deposit shall be transferred from the County account to the Commonwealth Account pursuant to the Agreement. The foregoing instructions are irrevocable and unconditional and shall remain in force for as long as the Agreement is in force. Yours very truly, COUNTY OF CHESTERFIELD, VIRGINIA BY: Lane B. Ramsey, County Administrator 0423:54580.1 6 EXHIBIT B [Signature Card] 0423:54580.1 7 EXHIBIT C ORDER OF COMMONWEALTH TO THE BANK PROVDING FOR DMAS TO DIRECT DISTRIBUTION OF FUNDS DEPOSITED IN THE COMMONWEALTH ACCOUNT PURSUANT TO THE AGREEMENT Between the Commonwealth of Virginia, Through the State Treasurer and Chesterfield County, Virginia 200_ First Union Bank [Address] Attention: Dear Sirs: You have been designated to serve as banker pursuant to the terms of an Intergovernmental Transfer Agreement (the "Agreement") between the Commonweakh of Virginia through the State Treasurer (the "Commonwealth") and the County of Chesterfield, Virginia (the "County"), a copy of which has been furnished to you for your review. For the purposes of the Agreement, the parties have each established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"). The County's Account is No. (the "County Account"). You are hereby instructed that the Director of the Department of Medical Assistance Services (the "Director") shall direct the distribution of all funds deposited into the Commonwealth Account. The Director shall initiate the distribution of such funds by a letter of instruction to you directing an enhanced payment pursuant to the Enhanced Payment Contract between the Lucy Corr Nursing Facility and the Department of Medical Assistance Services of this same date, which shall be attached to such instructions. The Director shall also instruct you as to the distribution of funds from the Commonwealth account to the County Account to cover the County's transaction costs. The foregoing instructions are irrevocable and unconditional and shall remain in force for as long as the Agreement is in force. Sincerely, COMMONWEALTH OF VIRGINIA, THROUGH THE STATE TREASURER By: Mary G. Morris, State Treasurer 0423:54580.1 8 EXHIBIT D SCHEDULE OF TRANSACTION COST AMOUNTS TO BE DEPOSITED INTO THE COMMONWEALTH ACCOUNT TRANSACTIONNUMBER PAYMENT 1 $66,667 2 $66,667 0423:54580.1 9 EXHIBIT E DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO THE BANK TO FORWARD AMOUNTS TO CHESTERFIELD COUNTY TO COVER TRANSACTION COSTS ASSOCIATED WITH THE AGREEMENT Between the Commonwealth of Virginia, Through the State Treasurer and Chesterfield County, Virginia 200_ First Union Bank [Address] Attention: Dear Sirs: You have been instructed by letter of this date to transfer certain funds from the Commonwealth Account, No. , to the Facility Account No. Immediately following that transfer you are instructed to transfer funds in the amount of $66,667 from the Commonwealth Account, No. , to the County Account, No. ~ to cover the County's costs associated with the transfer pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the State Treasurer, and Chesterfield County dated ,2001. The foregoing instructions are irrevocable and unconditional. Sincerely, COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL AS SISTANCE SERVICES By: Eric Bell, Director 0423:54580.1 10 ENHANCED PAYMENT CONTRACT between the COMMONWEALTH OF VIRGINIA, through the Department of Medical Assistance Services, and CHESTERFIELD COUNTY HEALTH CENTER COMMISSION This ENHANCED PAYMENT CONTRACT (the "Contract"), by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth") through the Department of Medical Assistance Services ("DMAS"), and CHESTERFIELD COUNTY HEALTH CENTER COMMISSION ("CCHCC"), owner and operator of LUCY CORR NURSING HOME (the "Facility"), a county-owned nursing facility and a public provider enrolled in the Virginia Medical Assistance Program ("Medicaid"), is for the purpose of facilitating enhanced payments to the Facility for services provided to Medicaid-eligible residents. WHEREAS, DMAS is a Department of the Commonwealth responsible for operating the State's Medicaid program pursuant to the approved State Medicaid Plan; and WHEREAS, an amendment to the Virginia State Medicaid Plan, known as SPA-00-11, authorizing enhanced payments to Qualified Public Providers for Medicaid-eligible services pursuant to federal law and regulation (the "State Plan Amendment") was approved June 4, 2001 with an effective date of January 27, 2001; and WHEREAS, a Qualified Public Provider is a nursing facility, owned or operated by a county, that meets the specifications of the State Plan Amendment, including but not limited to the specification that its county has entered into an Intergovernmental Transfer Contract with the Commonwealth; and WHEREAS, a resolution has been adopted by the governing body of the Facility authorizing the creation of an account in First Union Bank (the "Facility Account") for receipt of enhanced payments from DMAS, authorizing James Shepherd, Chairman of the Board of the Chesterfield County Health Center Commission, to execute this Contract, the Order to Bank to Transfer Funds (the "Transfer Order") in the form of Exhibit A hereto, a Bank Signature Card (the "Bank Signature Card") in the form of Exhibit B hereto, the letter instructing DMAS to deposit the provider's enhanced payment into the Facility Account in the form of Exhibit C, and any other documents or instruments necessary to consummate the transactions contemplated hereby. NOW, THEREFORE, IT IS STIPULATED, CONTRACTED AND AGREED by the Commonwealth and the Facility, as follows: SECTION 1. Contingent upon the transfer of funds from Chesterfield County to the Commonwealth pursuant to the Intergovernmental Transfer Agreement between the Commonwealth of Virginia, through the State Treasurer, and Chesterfield County, DMAS will make two enhanced payments to the Facility. SECTION 2. Each enhanced payment to the Facility will be deposited by DMAS into the Facility Account created at First Union Bank (the "Bank") by and for the Facility in accordance with letter instructions to that effect given by the Facility to DMAS in the form of Exhibit C, and pursuant to instructions to the Bank by DMAS in the form of Exhibit D. CCHCC will provide a Transfer Order, in the form of Exhibit A, for each payment to the Bank instructing it as to the disposition of the enhanced payments deposited by DMAS. SECTION 3. The term of this Contract shall commence upon execution of this Contract by the parties (the "Commencement Date") and shall remain in effect for three years from the date hereof, unless terminated by any of the following: A. The receipt of official notification by either party that the payment and transfers required by this Contract are not in compliance with federal or state laws. B. The expiration of thirty days after receipt of written notice given by any party that desires to cancel its obligations under this Contract, without cause, by giving the other parties thirty days written notice forwarded to their respective addresses by certified mail, overnight courier, or facsimile transmission. C. In no event will this Contract last beyond the date as of which the State Plan Amendment ceases to be effective. SECTION 4. DMAS will indemnify and hold CCHCC, its commissioners, employees and agents, and the Facility harmless for any claims by any entity, including governmental entities, for reimbursement, repayment or recovery of funds based on the transactions covered by this Contract. 0423:54582.1 2 SECTION 5. Any notice or other communication to be given under this Contract may be given by delivering the same in writing: (A) To the COMMONWEALTH: Eric Bell Director Department of Medical Assistance Services 600 East Broad Street Richmond, Virginia 23219-1800 with a copy to: Louis F. Rossiter Secretary of Health and Human Resources Ninth Street Office Building 202 North Ninth Street, Room 622 Richmond, Virginia 23219 (B) To the FACILITY: James Shepherd, Chairman Chesterfield County Health Center Commission Lucy Corr Nursing Facility 6800 Lucy Corr Boulevard P.O. Drawer 170 Chesterfield, Virginia 23832-0170 SECTION 6. The rights and obligations of the parties under this Contract shall not be assigned by any party. SECTION 7. Neither this Contract nor any provision hereof may be waived, modified, amended, or discharged except by an instrument in writing signed by all Parties, and then only to the extent set forth in such instrument. 0423:54582.1 3 Entered into this __ day of ,2001. COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Louis F. Rossiter, Secretary of Health and Human Resources CHESTERFIELD COUNTY HEALTH CENTER COMMISSION By: James Shepherd, Chairman 0423:54582.1 4 EXHIBIT A ORDER OF QUALIFIED PUBLIC PROVIDER TO THE BANK TO TRANSFER FUNDS PURSUANT TO THE CONTRACT First Union Bank [Address] Attention: Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services and the Chesterfield County Health Center Commission 200 Dear Sirs: You have been designated to serve as banker pursuant to the terms of an Enhanced Payment Contract (the "Contract") between the Commonwealth of Virginia, through the Department of Medical Assistance Services (the "Commonwealth"), and the Chesterfield County Health Center Commission ("CCHCC"), a copy of which has been furnished to you for your review. For the purposes of the Contract, the parties have each established an account with you. The Commonwealth's Account is No. (the "Commonwealth Account"). The Facility's Account is No. (the "Facility Account"). Chesterfield County has also established an account with you pursuant to the Intergovernmental Transfer Agreement between the Commonwealth and the County of this same date. The County's Account is No. (the "County Account"). You are hereby authorized and directed on ., 200__ to receive from the Commonwealth Account the sum of $54,905,076 (the "enhanced payment"), and deposit the enhanced payment into the Facility Account. Immediately following such deposit, the entirety of the Facility Account balance shall be transferred to the County Account pursuant to the Funds Transfer Agreement between the County and the Facility of this same date, a copy of which has been furnished to you for your review. Such transfers shall be made by electronic transfer ("EFT") and the entire transaction shall occur on the same banking day. Yours very truly, CHESTERFIELD COUNTY HEALTH CENTER COMMISSION BY: James Shepherd, Chairman 0423:54582.1 5 EXHIBIT B [Signature Card] 0423:54582.1 6 EXHIBIT C 200 Eric Bell Director Virginia Department of Medical Assistance Services 600 East Broad Street Richmond, Virginia 23219-1800 Re: Medicaid Enhanced Payments Dear Mr. Bell: All Medicaid enhanced payments to the Chesterfield County Health Center Commission pursuant to the Contract between the Commonwealth of Virginia, through the Department of Medical Assistance Services and the Chesterfield County Health Center Commission dated ,2001, in implementation of State Plan Amendment 00-11, shall be deposited to Account No. at First Union Bank by electronic transfer. Sincerely, CHESTERFIELD COUNTY HEALTH CENTER COMMIS SION BY: James Shepherd, Chairman 0423:54582.1 7 EXHIBIT D DEPARTMENT OF MEDICAL ASSISTANCE SERVICES' LETTER OF INSTRUCTION TO BANK TO TRANSFER FUNDS PURSUANT TO THE AGREEMENT Between the Commonwealth of Virginia, Through the Department of Medical Assistance Services and the Chesterfield County Health Center Commission ,200 First Union Bank [Address] Attention: Dear Sirs: I hereby instruct you to transfer funds in the amount of $54,905,076 from the Commonwealth Account, No. , to the Facility Account, No. on ,2001. The foregoing instructions are irrevocable and unconditional. Sincerely, COMMONWEALTH OF VIRGINIA, THROUGH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES By: Eric Bell, Director 0423:54582.1 8 An Affiliate of ~ledia General Advertising Affidavit (This is not a bill. Please pay from invoice) P.O. Box 85333 Richmond, Virginia 2329341001 (804) 649-6000 220g06 09/1912001 EDate Code Description Ad Size Total Cost TAKER Nf}TICF, TAKER NOTICER THAT THE BOARD O 2.00 x 19_00 ATTACH Media General Operations, inc. Publisher of THE RICHMOND TIMES-DiSPATCH This is to certify that the attached TAKE N©TICETAKF~ was published ky RichmOnd Newspapers, Inc. in the City of Richmond, Stat~ of Virginia, on the following dates: HERE 09/19/2001 The first insertion Being g~ven .... Sworn to and subscribed before me this _ State of Virginia City of Richmond My Commission expires 09/! 9/20~1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 17 .F. Subject: PUBLIC HEARING: Ordinance to Vacate a Portion of a Sixteen Foot Alley within Plan of Central Park, Block 13 County Administrator's Comments: County Administrator: Board Action Requestsd: Staff recommends that the Board of Supervisors adopt an ordinance to vacate a portion of a 16' alley between Lots 16 thru 24 and Lots 40 thru 48, Block 13, Plan of Central Park, as shown on the attached plat. Summary of Information: Steven C. Morgan and Karen R. Sturgill have submitted an application requesting the vacation of a portion of a 16' alley between Lots 16 thru 24 and Lots 40 thru 48, Block 13, Plan of Central Park. This request has been reviewed by staff and approval is recommended. District: Bermuda John W. Harmon Yes ~ No Attachments: I I Title: Right of Way Manager VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A SIXTEEN FOOT ALLEY WlTHIN PLAN OF CENTRAL PARK, BLOCK 13 0oo 0 0 Chesterfidd County Department of Utilities Right Of Way Office O~Go PORTION OF 16' ALLEY TO BE VACATED 0261 An Affiliate of Media General Advertising Affidavit (This is not a bill. Please pay from invoice) CHF.,qTF, RFII ,D CO RTGHT WAY RIGHT OF WAY DF, PT 6710 W KRAIISR ROAD CHF, STF, RFIEI ,D VA 23832 P. O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 220686 ate j 09/19/2001 [~ate Code Description _ Ad Size .... otdcost I 09tl 9/2001 121 TAKE NOTICETHAT ON SEPTEMBER 26 2001 AT 2.00 x 1400 269.92 ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE NC)TICF, THAT ON REP was published ~y Richmond Newspapers, ~nc. in the City of Richmond, State of Virginia, on the following dates: 09/12/2001 09/19/2001 The first insertion bei'ng given .... o9/1212OOl Sworn to and subscribed before State of Virginia City of Richmond My Commission expires THIS IS NOT A BILL, PLEASE PAY FROM INVOICE. 4 20~1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: September 26, 2001 Item Number: 17. G. Subject: PUBLIC HEARING: Request to Quitclaim a 0.461 Acre Parcel of Land to Horner Investments, LLC County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to convey a 0.461 acre parcel to Horner Investments, LLC. Summary of Information: Timmons, has requested the quitclaim of a 0.461 acre parcel of land to Hornet Investments, LLC as shown on the attached plat. A relocated parcel of land will be dedicated to replace this portion of right of way. Staff has reviewed the request and recommends approval. District: Clover Hill Jo'fin W. Harmon Attachments: Yes ~-~ No Title: Right of Way Manager VICINITY SKETCH PUBLIC HEARING: Request to quitclaim a 0.461 acre parcel of land to Horner Investments, LLC GENtTO RD Chesterfield County Department of Utilities Right Of Way Office S~SYNV~ NOIIO~MISNO0 * $1NvATnSNOO 5~,s ~u~meu=m~ I I II 11 I An Affiliate of Media Genera~ Advertising Affidavit (This is not a bill. Please pay from invoice) CHERSTERf~FII.D CO RIGHT WAY RIGHT OF \VA¥ DF. PT 6710 W KRAILqF ROAD CHERSTERFIF, I ,D VA 23832 P.O. Box 85333 Richmond, Virginia 23293~0001 (804) 649-6000 Account Num.a 220~gfi 09tl 9/2001 09/! 91200] Descr__.__j. ptio__ n_ Ad Size TAKER NOTICERTHAT ON RERPTERMRERR 26 2001 AT 2_00 x 13_00 ATTACH HERE Media General Operations, inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKER NOTICERTHAT ON ,qRP was publiShed by Richmond Newspapers, Inc. in the CRy of Richmond, State of Virginia, on the following dates: 09/19/2001 The first insertion being given .... 09/19/2001 Sworn to and subscribed before State of Virginia CRy of Richmond My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. R/W SECT CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Mcctin~ Date: September 26, 2001 Item Number: Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: 19. County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of next scheduled meeting on October 10, 2001 at 4:00 p.m. Preparer: ~[~~./~C_~_. ~-~ Lisa H. Elko Attachments: [Yes Title: No Clerk to the Board