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09-17-2003 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 2.~o Subject: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to endorse the recommendations of the Drug and Alcohol Abuse Task Force. Summary of Information: The Drug and Alcohol Abuse Task Force was established in 1986. The task force was charged with assessing drug problems in Chesterfield and with making recommendations regarding the most effective and comprehensive approach possible in dealing with drug abuse. Christopher Lindbloom, chairman of the Drug and Alcohol Abuse Task Force, will present an overview of the task force's recommendations. Preparer: Jana D. Carter Title:Director, Youth Services Attachments: Yes ~] No ~000001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 17, 2003 Item Number: 2.B. Subiect: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: A presentation will be given by Joan Salvati, the outline of a report on MtBE. Water Quality Administrator, on Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Yes [----~ No Report MtBE Occurrence in Chesterfield County and EPA Identified Health Risks Outline III. IV. V. VI. Background Discussion of MtBE Summary of EPA Drinking Water Advisory and Unregulated Contaminant Monitoring Rule (UCMR) Occurrence of MtBE in the Swift Creek and Lake Chesdin Reservoirs EPA Risk Assessment Status of MtBE Regulation and Congressional "Phase-Out" Summary 000003 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 2.C. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: A presentation will be given by Dr. William Nelson, Director, Health Department on the West Nile Virus Activity and BMPs in Chesterfield County. Preparer: William R. Nelson, M.D., M.P.H. Title: Director, Health Department Attachments: [-~ Yes No 000004 Chesterfield County Emergency Resolution RESOLUTION WHEREAS, the Board of Supervisors of the County of Chesterfield does hereby find: 1. That due to conditions resulting from Hurricane Isabel, the County of Chesterfield is facing wind and flood damage. 2. That due to Hurricane Isabel, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now exists throughout said County; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Management and the emergency management organization of the County of Chesterfield shall be those prescribed by State law and the ordinances, resolutions, and approved plans of the County of Chesterfield in order to mitigate the effects of said emergency. Date: September 17, 2003 Board of Supervisors County of Chesterfield Attest: Clerk, Board of Supervisors County of Chesterfield Commonwealth of Virginia CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: September 17, 2003 Item Number: 2.=. Subject: County Administrator's Comments County Administrator's Comments: CounW Admini~r~or: Board Action Requested: Summary of Information: Staff will present the growth phasing analysis to the Board of Supervisors to bring out all of the points included in the study. There are certainly growth challenges for Chesterfield County in the future but the study also confirms that many of the policies put into place by the Board of Supervisors and the Planning Commission and the efforts put into the land use planning will have positive impacts in the future. Preparer: Lane B. Ramsey Title: County Administrator Attachments: ~-] Yes No Growth Analysis Project What The Growth Analysis Determines · How and where Chesterfield will grow to "build-out" · What facilities will be needed to serve that growth · H~w much th~se facilities will cost · Hew grewth l~attems affect the cost of public facilities · Purpose of presentation: Update the Board and inform the public of selected Gro.wth Analysis preliminary findings. · Original charge: "Test the Plan" - BOS/PC February, 2001 retreat on County growth issues. · Growth Analysis project a wealth of information - The numbers are big, but there are many important findings. · "Build-out" based on zoning already in place and the growth recommendations of the County's comprehensive plan. · Two major growth analysis themes: growth and facilities costs. Growth Analysis Project Growth Analysis Components · Archived Zoning Case System · Development Potential Database · Growth Phasing AnalYsis Final report to be completed after January 1st. The Plan For Chesterfield Summary Land Use Recommendations · Test the plan. Growth Analysis Project Proportion of Growth Existing Dwellings: 101,800 Additional By Build Out: 11 3,900 Total By Build Out: 21 5,700 · As of December, 2001 there were 101,800 dwellingS in Chesterfield County. · Our analysis indicates that the county could add an additional 113,900 dwellings by build-out. · Number of zoned multi-family units: about 6,000. · Assuming about 2,500 new dwellings each year, plan build out would take more than 50+ years. · What are the costs associated with this growth? Growth Analysis Project Public Facilities Relationships · Growth Analysis · Test The Plan At Build Out · 50+ years · Public Facilities Plan '20 Year Horizon · Capital Improvements Program · 7 Year Program · Emphasize analysis is for plan build out Growth Analysis Project $5.7 Billion In Facilities Costs $0.1- $0.10 $1.0 $1.2 $3.1 · Transportation · a Schools [] Utilities · Fire · Library [] Parks · The Growth Analysis projects that it will cost $5.7 billion to pay for the public facilities needed to serve projected growth. · This chart shows the cost break down between facilities types. °55 percent is transportation costs. 6 Existing "Gap" and Future Costs $4.0 $3.5 $3.0 $2.5 $2.0 $1.5 $1.o $0.5 $- $3.1 Transportation $3.1+$2.6=$5.7 Other Facilities · In this chart, transportation costs are separated out and compared with all other facilities costs. · While these are big numbers, build-out is at least fifty years off. Keeping that in perspective, and by breaking the costs down to get a better understanding, it becomes more clear that these facility costs are manageable. · The yellow represents "gap" costs, the amount of money needed to bring facilities up to current service level standards. · The green represents future public facilities costs. · We'll get back to transportation costs in a minute. · With the exception of transportation costs, the existing "gap" for all other public facilities represents a relatively small share of all public facilities needs, much of it already addressed in the current Capital Improvement Program. · The $2.6 billion total for all other facilities, is a manageable cost addressed through future CIP funding. · Lead into Becky's presentation. Growth Analysis Project Facilities and Revenue · Twenty year period · Excluding roads · Board of Supervisors pay for growth policies along with debt, can address needs · Cash proffers and pay-as-you-go reserve: 38 percent · Debt financing: 62 percent · The draft Public Facilities Plan for 2002-2022 identifies facility needs, over a twenty-year period. · Continuing the pay for growth policies established by the Board of Supervisors, such as cash proffers and the pay-as-you-go reserve, and combining this income with debt financing, the county projects that the needs identified in the public facilities plan, excluding roads, can be addressed over the 20 year time period. · Cash proffers and the pay-as-you-go reserve are projected to provide approximately 38% of the funding needed to address facility needs and debt financing is projected to provide approximately 62% of the funding needed to address facilities needs over the next twenty years. Growth Analysis Project ASCE REPORT ON ROADS 200t Grade 2003 Trends Roads & Bridges D+/C ~/~ The nat[on ia falling to even maintain the substandard condRiona we currently have, a dangerous trend that is affecting highway safety, as well as the health of the economy. According to the Federal Highway Administration's (FHwA) '2003 Conditions and Pe~on~ance Report." traffic congestion costs the economy $67.5 billion annually in lost productivity and wasted fuel. Passenger and commercial travel on our highways continues to increase dramatically. The average rush hour grew more than 18 minutes between 1997 and 2000, The American Association of State Highway and Transportation Officials' (AASHTO) "Bottom Line Report' estimates that capital outlays by all levels of government would have to Increase by 42% to reach the projected $92 billion Cost to Maintain level, and by 94% to reach the $125.6 billion Cost to Improve level. This ]s in contrast to the FHwA which estimates that outlays Dy all levels of government would have to increase by t 7.5% to reach their projected $75.9 biilion Cost to Maintain level, and 65.3% to re ach their $106.9 billion Coal to Improve level. 9 GROWTH PHASING ANALYSIS · ESTIMATED 50 YEARS OF GROWTH · DENSITY SIGNIFICANTLY LESS THAN SWP · NO "SMOOTHING" · NO ALTERNATIVE NETWORKS · MORE THAN 8,000 VPD TO BE A NEED · EXISTING NEEDS $1.2 BILLION · SCENARIO BUILDOUT NEEDS $2.2 BILLION PUBLIC** 10 Growth Analysis Project FY04-09 REVENUE PROJECTIONS (IN MILLIONS) · SECONDARY ROAD $ 46.8 · REGIONAL STP $ 8.4 · CASH PROFFERS $ 6.0 · COUNTY ROAD FUND $ 6.0 · SUBTOTAL $ 67.2 · PRIMARY & INTERSTATE $112.0 · PPTA $ 15.7 · SUBTOTAL $127.7 · GRAND TOTAL $194.9 APPROXIMATELY $32 / YR 11 Growth Analysis Project ~--RANSPORTATION GAP i0 YEAR NEEDS (PUBLIC) $2.2 BILLION ANTICIPATED REVENUE $1.6 BILLION ADDITIONAL REVENUE $0.6 BILLION REQUIRED TO MEET GAP $12 MILLION ADDITIONAL REVENUE REQUIRED PER YEAR TO MEET GAP 12 TRANSPORTATION GOALS · MAINTAIN LEVELS OF SERVICE- KEEP CONGESTION FROM GETTING WORSE ·IMPROVE SAFETY OF EXISTING ROADS- GET SHOULDERS, REMOVE FIXED OBJECTS, REDUCE SCOPE OF MOST HIGHWAY PROJECTS 13 Growth Analysis Project Initial Findings and Implications · The Growth Analysis projects that the County's growth management policies, coupled with financial policies for providing infrastructure (debt, pay-as-you-go policies, cash proffers), are sound. With the exception of roads, these policies are projected to provide the infrastructure to support the comprehensive plan. 14 Growth Analysis Project Initial Findings and Implications · The plan is projected to quadruple the amount of county commercial and industrial space, while residential development only doubles. · The County's financial and pay for growth policies are projected to result in significant facilities being paid for with "pay-as-you-go" funding; resulting in less dependence on furore debt. 15 Growth Analysis Project 1 :~mt a Findings and Implications · The County's Thoroughfare Plan is sufficient to support the County's land use plans. The County will need to establish a strategy to address funding transportation. · The Growth Analysis project, with its technical innovations, provides citizens, the Planning Commission and Board of Supervisors with improved information on development trends. 16 Growth Phasing Analysis · Feb. 2001, Board and Planning Commission met. Board directed staff to "Test our Comprehensive Plan to see if there are major problems facing the county down the road regarding the ability to provide infrastructure to support that plan" The strategy to accomplish that was to assume buildout of our current plan using our adopted Capitol Facilities Plan to drive the infrastructure side of the analysis. We have completed that task and in light of the newspaper report last week wanted to give you a more complete review of the findings because taken out of context, some of the numbers could be alarming. · Emphasize, when we talk about buildout of the current plan, that we are not predicting an exact timeframe. We think it will be 50 plus years CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 5.A. Subiect: Resolution Designating the Fourth Monday in September as "Family Day" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the resolution. Summary of Information' Chesterfield County will join states and localities across the nation in recognizing September 22, 2003 as "Family Day - A Day to Eat Dinner With Your Children." Family Day was established by the Center for Addiction and Substance Abuse at Columbia University. It focuses attention on research findings that show children in families that frequently eat dinner together are much less likely to use tobacco, alcohol or other drugs. President Bush, governors and local officials across the country are encouraged to recognize Family Day. Youth Services and the SAFE Coalition are promoting awareness of Family Day in Chesterfield County. Preparer: Jana D. Carter Title: Director, Youth Services Attachments: Yes ~-~ No 000005 RECOGNIZING SEPTEMBER 22, 2003, AS "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" WHEREAS, the observance of "Family Day - A Day to Eat Dinner with Your Children" provides a unique opportunity for families in Chesterfield County to join one another at the dinner table as a means of strengthening family relationships; and WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, surveys conducted by the National Center on Addiction and Substance Abuse have consistently found that children and teenagers who routinely eat dinner with their families are far less likely to use cigarettes, alcohol and illegal drugs; and WHEREAS, meal times offer opportunities for families to spend time together, providing a basic structure that strengthens and encourages lasting relationships; and WHEREAS, young people from families who almost never eat dinner together compared to those that do are 72 percent more likely to use cigarettes, alcohol and illegal drugs; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse is well documented; and WHEREAS, Chesterfield County Youth Services and SAFE, Chesterfield's substance abuse prevention coalition, are promoting the importance of family dinners to parents in Chesterfield County, Virginia; and WHEREAS, the Chesterfield County Board of Supervisors recognizes that eating dinner as a family is an important step toward raising drug-free children. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Monday, September 22, 2003 as "Family Day - A Day to Eat Dinner With Your Children," to recognize the positive impact of strong family interaction on the well being and future success of the young people in Chesterfield County. OOoo06 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 5.B. Subject: Resolution Designating November 4, Chesterfield County County Administrator's Comments: 2003 as ~Take Your Kids to Vote Day" in County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution is to designate November 4, Day in Chesterfield County. 2003 as Take Your Kids to Vote Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Yes -~No o0ooo? RECOGNIZING NOVEMBER 4, 2003, AS ~TAKE YOUR KIDS TO VOTE DAY" WHEREAS, the right to vote is a fundamental right in the U.S.A.; and WHEREAS, in addition to being a right, voting is also a responsibility; and WHEREAS, in the 1972 general election, only 63 percent of American adults voted; and WHEREAS, in the 2000 presidential election, that number dropped to 51 percent; and WHEREAS, traditionally, potential voters between the ages of 18 and 24 have low turnout histories; and WHEREAS, reversing this trend by our young people is vital to the future of our American democracy; and WHEREAS, research by the Council for Excellence in Government suggests that parents have a major role in the development of their children's future voting habits; and WHEREAS, young people whose parents vote regularly are twice as likely to vote as their peers; and WHEREAS, surveys also show these children are more likely to volunteer, and otherwise engage in civic and community activities. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes November 4, 2003, as "Take Your Kids to Vote Day" in Chesterfield County, and encourages all Chesterfield County parents to help their children develop positive citizenship skills by taking them to the polls on November 4th to observe the voting process. ooooos CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: September 17, 2003 Item Number: 7. Subiect: Consideration of an Ordinance to Establish the "Englewood Sewer Assessment District" for 24--Lots in the Englewood Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Should the Board choose to create an assessment district, staff requests that the Board adopt the attached ordinance to establish the ~Englewood Sewer Assessment District"; appropriate funds in the amount of $255,415.00 for the project from the sewer fund balance; and set interest rate based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. Summary of Information: In April 2002, the Utilities Department was initially contacted by several residents in the Englewood Subdivision with a request to have the public sewer system extended to serve them. In May 2003, based on signed survey forms received, the Utilities Department determined that there was sufficient community support to pursue a public hearing. A public hearing was held on July 23, 2003. Property owners spoke both in support of and in opposition to the creation of an assessment district. The Board postponed action on the matter for sixty (60) days and instructed the Utilities Department to pursue alternative districts. Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes [~ No ~00009 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Staff has prepared a separate agenda item addressing an alternate assessment district for 21--lots, should the Board decide not to approve the creation of the 24-1ot assessment district as presented in this agenda item. If an assessment district is created, the County will initially pay all engineering, construction and other costs to extend a public sewer line along portions of Fillmore Road, Beckham Drive, and Iredell Road and will then recoup the cost from the property owners. The sewer assessment on each lot may be repaid in a lump sum or over the 20-year period in semi-annual installments. The property owners will also pay interest based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. A lien in the total amount of the assessment for each property will be recorded. Estimated cost of the proposed sewer lines is $255,415. The proposed ~Englewood Sewer Assessment District" would include twenty-four (24) lots with an assessment of $10,642.29 per lot. Out of the 24-lots, 17 (or 71%) are in support, 5 (or 21%) are in opposition, and 2 (or 8%) did not respond. After completion of the sewer extensions, those property owners wishing to connect would be required to pay a connection fee currently set at $1,465. There would also be the additional expense of a licensed plumber's services. In order to create the ~Englewood Sewer Assessment District", the Board must adopt the attached ordinance, with at least 2/3 members (4 out of 5) voting in favor of the ordinance. A map of the proposed 24-1ot assessment district and a list of the property owners and assessments are also attached. 0000 .0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests that the Board consider adopting the attached ordinance to establish a 24-1ot "Englewood Sewer Assessment District" If the Board chooses to adopt the ordinance, the Board is also requested to appropriate $255,415 from the sewer fund balance to pay for engineering, construction and other costs. Once the project is complete, property owners will repay the county in one lump sum or over a 20-year period in semi-annual installments. The interest rate will be based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the ordinance is adopted. Sufficient funds are available in the sewer fund balance to cover the costs of the project. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement oooo Proposed ~Englewood Sewer Assessment District" Owner Name Property Address Assessment SuDport/Oppose~ Scott A. & Mary B. Ligon Jeffery S. & Jennifer C. Nelson Neal L. & Jill B. Sweeney James & Ann P. Kasemersky James Paul Couchman Leana R. Ellcessor George C. & Catherine C. Tolton Edward Brantley & M. A. Burns Frank E. Jr. & Ann U. Ward Keith T. & Renee R. Boswell James A. Redmond Jr. W. M. Mason Jr. & M. P. Mason Paul A. & Leia Tracy Caracciolo Esther Nelson Charles D. & Catherine G. Hamm Oscar J. Sr. & Ann D. Honeycutt William D. & G. C. Morrison Charles R. & Pauline B. Kerwath Charles L. & Josephine T. Cuseo Joel R. & Valerie L. Reinford Beulah D. Proffitt Alfred P. & Judith W. Elko Michael E. & Arlyn P. Gleason Cheryl S. Gardner 9611 Iredell Road 2502 Fillmore Road 2430 Fillmore Road 2422 Fillmore Road 2414 Fillmore Road 2400 Fillmore Road 9535 Beckham Drive 9601 Iredell Road 2419 Fillmore Road 9544 Iredell Road 9530 Beckham Drive 9525 Beckham Drive 9536 Iredell Road 9522 Beckham Drive 2341 Fillmore Circle 9515 Beckham Drive 9528 Iredell Road 9514 Beckham Drive 9505 Backham Drive 9504 Beckham Drive 9447 Beckham Drive 9429 Beckham Drive 9446 Beckham Drive 9436 Beckham Dr~ve $10 642.29 $10 642 29 $10 642 29 $10 642 29 $10642 29 $10 642 29 $10 642 29 $10 642 29 $10 642 29 $10 642 29 $10 642.29 $10 642.29 $10 642.29 $10 642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 $10,642.29 Support Support Support Opposed No Response Support Support Opposed Support Support No Response Support Support Opposed Opposed Support Support Support Support Support Opposed Support Support Support June 4, 2003 Revised September 4, 2003 O000:L2 ENGLEWOOD SEWER ASSESSMENT DISTRICT 2609 2601 26OO 2532 2503 2501 2532 2541 2531 2524 2516 2521 2517 2510 2502 2430 9535 2502 2440 2430 2509 2422 2419 2431 2421 2411 2405 2401 2325 2501 9630 9640 9650 9660 9670 9690 9661 2414 2400 9611 2320 9671 2310 9681 9601 2330 9544 2321 2317 2307 2333 9523 2332 2324 2316 23O8 2304 / / / 2300 2333 2326 2317 2309 2305 9417 2236 Proposed Wastewater Proposed Manhole [~-~ Proposed Parcels for Assessment District Chesterfield County Department of Utilities I inoh equals ;300.1[~OIDO0 feet OOO03.,3' AN ORDINANCE TO CREATE THE ENGLEWOOD SPECIAL TAX OR ASSESSMENT SEWER DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Englewood Special Tax or Assessment Sewer District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Englewood Special Tax or Assessment Sewer District. Map of the District: The map entitled "Proposed Englewood Sewer Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Englewood Special Tax or Assessment Sewer District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Englewood Special Tax or Assessment Sewer District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain sewer facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the sewer line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or assessments upon owners of property located within the district. The cost of construction of the sewer line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be one twenty-fourth (1/24) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one twenty-fourth (1/24) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the sewer line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. 000015 Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the sewer line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United States Treasuw Securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. 0000/.6 Mr. Barber has indicated that it is his intention to recommend deferral until October 22 of this item as well as the related public hearing scheduled for this evening regarding the Englewood sewer assessment districts while he discusses with our General Assembly delegation possible changes to state assessment district laws. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.A. Subiect: Adoption on an Emergency Basis of an Ordinance Amending County Code §9-133 and Adding County Code §9-134 to Allow the County to Collect a Fee as Court Costs in Juvenile and Domestic Relations District Court and Circuit Court to Defray the Cost of Operating the County's Police and Sheriff's Training Academies County Administrator's Comments: County Administrator: Board Action Requested: Staff requests that the Board of Supervisors adopt the attached ordinance on an emergency basis and set a public hearing date of October 8,2003, to consider re-adoption of the ordinance. Summary of Information: The Board recently adopted County Code §9-133 to assess a $1.00 fee upon conviction of a misdemeanor or traffic offense in general district courts. A concern has been raised that the ordinance could be interpreted as not including cases adjudicated in both general district and juvenile and domestic relations district courts. Staff is recommending a technical amendment to the section to clarify that the $1.00 fee can also be collected in the juvenile and domestic relations district courts. The use of the term "district court"in the ordinance is consistent with the definition employed in the State Code that includes juvenile and domestic relations courts and will Preparer: Rebecca T. Dickson Attachments: Title: Yes ~ No Director, Budget and Mana.qement 62846.1 (62847) 000017 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 eliminate any potential ambiguity in the ordinance. It is estimated that the fee will apply in 6,000 - 7,500 cases annually in the juvenile court, in addition to approximately 40,000 cases in the general district court. The fees collected would be split 70% - 30% between the police and sheriff academies. In addition, the State Code establishes fixed fees to be collected by the circuit court in certain criminal and traffic cases. Each fee is apportioned so that $1.00 is allocated to support regional criminal justice training academies. Effective July 1, 2003, Virqinia Code §9.1-106 was amended to allow a locality to charge a similar fee if they do not participate in a regional academy but were operating a certified independent criminal justice training academy as of January 1, 2003. The County meets the criteria set forth in the State Code and operates both a police and sheriff's certified training academy. The attached ordinance proposes collecting a $1.00 circuit court fee as court costs upon conviction for the offenses set forth in the enabling legislation to support the funding of the County's police and sheriff training academies. It is estimated that there are approximately 3,000 - 4,000 cases per year in the circuit court that would be subject to this fee. The fees collected would be split 70% - 30% between the police and sheriff academies. Staff has requested that the attached ordinance be adopted on an emergency basis in order to capture this revenue source as soon as possible. When an ordinance is adopted on an emergency basis, the Board must hold a public hearing and readopt the ordinance within 60 days or else the ordinance will no longer be effective. Staff has requested that the Board schedule a public hearing on October 8, 2003, to consider re-adoption of the attached ordinance. 0000 !$ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD., 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-133 AND BY ADDING SECTION 9-134 RELATING TO FEES COLLECTED FOR CRIMINAL AND TRAFFIC CONVICTIONS IN DISTRICT COURTS AND CIRCUIT COURT TO SUPPORT CRIMINAL JUSTICE TRAINING ACADEMIF~S BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-133 of the Code of the Coun_ty of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Section 9-133. Collection of fee in general district courts to support criminal justice training academies. (a) The county hereby assesses a fee of $1.00, as court costs in the geaemt district courts, for misdemeanors, traffic offenses, and criminal actions or proceedings for violation of any provision of Code of Virginia, tit. 18.2, ch. 7, art. 1, (§8 18.2-247 et seq.), as amended. (b) Assessment of the fees provided for in this section shall be based on: (i) an appearance for court hearing in which there has been a finding of guilty; (ii) a written appearance with wavier of court hearing and entry of guilty plea; (iii) for a defendant failing to appear, a trial in his or her absence resulting in a finding of guilty; (iv) an appearance for court hearing in which the court requires that the defendant successfully complete traffic school or a driver improvement clinic, in lieu of a finding of guilty; or (v) a deferral of proceedings pursuant to Code of Virginia 88 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 18.2-67.2:1, 18.2-251 or 19.2-303.2, as amended. (c) After collection by the clerk of the district court, the fee shall be remitted to the county treasurer and held in a special nonreverting fund that will be used solely to support the Police and SheriffDepartments' criminal justice training academies. (2) That Section 9-134 of the Code qf the Coun.t¥ qf Chesterfield, 1997, as amended, is added to read as follows: Section 9-134. Collection of fee in circuit court to support criminal justice training academies. (a) Pursuant to Code of Virginia 89.1-106, as amended, the county hereby assesses a fee of $1.00, as court costs in the circuit court, for those cases as provided in Code of Virginia 8§17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1- 275.8, and 17.275.9, as amended. 1325:62847.1 000019 Revised 09/08/03 After collection by the clerk of the circuit court, the fee shall be remitted to the county treasurer and held in a special nonreverting fund that will be used solely to support the Police and SheriffDepartments' criminal justice training academies. That this ordinance with respect to Section 9-133 shall become effective immediately upon adoption. That this ordinance with respect to Section 9-134 shall become effective on October 1, 2003. 1325:62847.1 000020 Revised 09/08/03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Subiect: Streetlight Installation Approvals County Administrator's Comments: Item Number: 8.B. County Administrator: Board Action Requested: This item requests Board approval of a New Streetlight Installations in the Bermuda and Dale Districts. 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; o 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; CONTINUED NEXT PAGE Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes I I No # I I 000021 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) 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. 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 Quail Oaks community: 9423 Hilda Avenue, pole # 7319H 9410 Brandywine Avenue, pole # N0-33 2716 Perlock Road, pole # 7296E 10151 Beaumont Avenue, pole # PG-61 3210 Kingsdale Road, pole # 6-31-KD 2700 General Boulevard, pole # RK-42 The preliminary estimate provided by Dominion Virginia Power for installations at listed locations is $2,465. This cost is subject to change pending final engineering design. DALE DISTRICT: In the vicinity of 7710 01d Beach Road Cost to install streetlight: $33.26 Does not meet minimum criteria for intersection or vehicles per day For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. 0000;2;2 STREETLIGHT REQUEST Dale District Request Received: February 21,2003 Estimate Requested: February 25, 2003 Estimate Received: August 26, 2003 Days Estimate Outstanding: 191 NAME OF REQUESTOR: Mr. Robert Schoessel ADDRESS: 7711 Old Beach Road Chesterfield, VA 23832 REQUESTED LOCATION: Old Beach Road, vicinity of 7711 Cost to Install streetlight: $33.26 POLICY CRITERIA: Intersection: Vehicles Per Day: Petition: Not Qualified, location is not an intersection Not Qualified, less than 400 VPD Qualified Requestor or Staff Comments: None 0000; 3 Street Light Request Map 1 2003 Street Light Legend ~ requested light This map shows citff, en requested streetlight installations in relation to existing stre~tlights. Existing streetlight information was obtained from the Che~'terfleld County Envirotonental Enginter~ng Depart. 0000;~4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 17, 2003 Item Number: ~.~ .~.. Subject: Nomination and Reappointment to Virginia's Gateway Region Board, formerly ABIDCO 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 Virginia's Gateway Region. Ail Board members concur with the reappointments. Summary of Information: The purpose of Virginia's Gateway Region 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, 2003, and will expire September 30, 2004. Preparer: James G. Dunn James G. Dunn Title: Director, Economic Development Attachments: [---~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.l.a. Subiect: Resolution Recognizing Clarence E. Bond Upon His Retirement County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Recognizing the outstanding contributions of Mr. Clarence E. Bond for his 26 years of service to Chesterfield County. Preparer: Mike Golden Title: Director of Parks and Recreation Attachments: Yes ~-] No O00025 RECOGNIZING MR. CLARENCE E. BOND UPON HIS RETIREMENT WHEREAS, Mr. Clarence E. Bond retired on August 29, 2003, from the Chesterfield County Department of Parks and Recreation; and WHEREAS, Mr. Bond began his public service with Chesterfield County in 1977 in the Parks and Recreation Department as a parks groundskeeper and continued to faithfully work in that capacity until his lateral transfer to the parks division school grounds maintenance crew in 1996 as a maintenance worker; and WHEREAS, Mr. Bond has provided excellent customer service, integrity and leadership in the maintenance of Chesterfield County park and school facilities; and WHEREAS, Mr. Bond has been an invaluable asset and mainstay for the Parks and Recreation Department for the past 26 years; and WHEREAS, Mr. Bond has been responsible and instrumental for providing some of the best maintained park and school facilities in the county by which all other facilities are measured; and WHEREAS, Mr. Bond has always remained upbeat, productive and proactive in his maintenance responsibilities; and WHEREAS, Mr. Bond will be greatly missed by his co-workers, supervisors and the citizens of Chesterfield County whom he has served. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Clarence E. Bond, expresses the appreciation of all residents for his 26 years of service to Chesterfield County, and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. OOoo ,s CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of.~ Meetin~l Date: September 17, 2003 Item Number: 8.C.1.b. Subject: Resolution Amending the Moral Obligation Agreement Between Chesterfield, Henrico, Richmond and the Richmond Metropolitan Authority to Renovate and Upgrade The Diamond County Administrator: Board Action Requested: Authorize County Administrator to execute amended moral obligation agreement between Chesterfield, Henrico, Richmond and the RMA in conjunction with financing of renovation project for The Diamond. Summary of Information: The Richmond Metropolitan Authority ("RMA') owns and operates the Diamond baseball field. The Diamond was constructed in 1984 on the site of former Parker Field and financed with the proceeds of RMA's bonds and notes (the "1984 Obligations") Chesterfield, Henrico and Richmond entered into an agreement providing for the non-binding but moral obligation support of the three jurisdictions for the 1984 Obligations and The Diamond's operations. In 1994, RMA refinanced the 1984 Obligations, and the parties amended the 1984 Moral Obligation Agreement in connection with this refunding. These refunding bonds mature in 2004. The jurisdictions and RMA also entered into a separate moral obligation agreement in 1997, providing for similar support in connection with roof repairs and parking lot improvements at The Diamond. RMA has planned renovations to The Diamond that will modernize and upgrade Preparer: Steven L. Micas Title: County Attorney 62293.1 (62707) Attachments: Yes ~-~ No ~)O0027 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 the facility and enable it to maintain its attractiveness for professional baseball. The Atlanta Braves, parent to the Richmond Braves, and RMA have been negotiating the renewal of the existing use agreement for The Diamond for a ten-year term contingent upon the RMA making the renovations. The renovation project has an estimated cost of approximately $18.5 million, plus amounts for required reserves and financing costs. RMA intends to finance the renovations with one or more debt issuances, including bond anticipation notes an~or a line of credit for design and preliminary engineering work. RMA is requesting each participating jurisdiction to give its moral obligation to support the financing of the renovation by adopting a moral obligation resolution. The resolution for the County is attached. The resolution approves an amendment to the 1984 Moral Obligation Agreement to provide for the jurisdictions' non-binding but moral obligation support of The Diamond under substantially the same terms as are currently contained in the existing Agreement. Henrico approved the same resolution at its July meeting and Richmond is expected to approve the resolution in September. 0000:28 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests the Board to approve an amendment to the Moral Obligation Agreement between Chesterfield, Henrico, Richmond, and the Richmond Metropolitan Authority (RMA) to renovate and upgrade the Diamond Stadium. The total estimated cost for renovations is $18.5 million. The debt payments would be shared by the localities. The FY2004-FY2010 Adopted Capital Improvement Program anticipated an increased level of support for the Diamond and includes $500,000 each year beginning in FY2006. However, the proposed renovation schedule would require that the county amend its upcoming FY2005-FY2010 Capital Improvement Program to include an additional $265,000 in FY2005. Preparer: Rebecca T. Dickson Title: Director1 Budget and Management 000029 THIS AGREEMENT ("Agreement"), made this ,h day of August, 2003, by and among the City of Richmond ("Richmond"), the County of Henrico ("Henrico"), the County of Chesterfield ("Chesterfield") (Richmond, Henrico and Chesterfield, being political subdivisions of the Commonwealth of Virginia and being hereinafter sometimes referred to collectively as the "Localities" or individually as "Locality") and the Richmond Metropolitan Authority, a political subdivision of the Commonwealth of Virginia ("RMA"). WITNESSETH: WHEREAS, RMA was created as a political subdivision and public body corporate of the Commonwealth of Virginia by Chapter 178, Acts of Assembly, Session of 1966 (as amended from time to time, the "Act") for the public purpose of carrying out various projects in the metropolitan Richmond area which will contribute to the economy and welfare of the Commonwealth and the Localities; and WHEREAS, the General Assembly of the Commonwealth of Virginia amended the Act by Chapter 597 of the Acts of Assembly, Session of 1984, to authorize RMA, with the approval of the Council of Richmond and the Boards of Supervisors of Henrico and Chesterfield, respectively, to acquire land, construct and own a stadium of sufficient seating capacity and quality for the playing of baseball at the level immediately below major league baseball and to lease such land, stadium and attendant facilities under such terms and conditions as RMA may prescribe; and WHEREAS, by resolutions duly adopted by the Council of Richmond and the Boards of Supervisors of Henrico and Chesterfield, respectively, RMA was requested to finance the construction and assume responsibility for the maintenance and operation of a stadium "The Diamond") at 3001 North Boulevard in the City of Richmond, Virginia; and 000030 WHEREAS, The Diamond is a public facility which benefits the entire metropolitan Richmond community and materially enhances the economy of that region and the welfare of its residents; and WHEREAS, RMA proposes to improve, renovate and upgrade The Diamond (the "Renovation Project"); and WHEREAS, RMA proposes to finance the Renovation Project from the proceeds of its notes or bonds (the "Stadium Renovation Obligations"), to be issued from time to time in one or more series, in an aggregate amount not now expected to exceed $18.5 million of project costs, plus amounts for required reserves and financing costs; and WHEREAS, RMA expects that the revenues to be derived by RMA from the operation of The Diamond and its related facilities will be insufficient to pay all of The Diamond's operating and maintenance costs or debt service on the Stadium Renovation Obligations when due and will therefore require the non-binding, but moral obligation of the Localities to assist in paying the operating and maintenance costs and debt service on the Stadium Renovation Obligations; and WHEREAS, each Locality is authorized and empowered under the provisions of the Act, among other things, to provide funds to assist RMA in paying the cost of any RMA facilities or undertakings or the operations and maintenance thereof and to enter into and perform, from time to time, contracts and agreements with RMA to aid RMA in paying the principal of and interest on its revenue bonds if, when and as the revenues and receipts of RMA may be insufficient to pay such principal and interest when due; and WHEREAS, the Localities have heretofore provided, by Agreement dated August 31, 1984 (as amended by Agreement dated July 6, 1994 in connection with the issuance of certain refunding obligations, the "1984 Moral Obligation Agreement"), and by Agreement dated April 29, 1997, as 00003:1. -2- amended by Agreement dated September 26, 1998, their non-binding, but moral obligation to assist RMA in connection with the funding and refunding of the The Diamond's construction and operation; and WHERAS, RMA contemplates that, prior to the effective date hereoL the AtLanta Braves organization will enter into an agreement with RMA for the use of The Diamond, such agreement commencing January 1, 2005 upon expiration of the current agreement; and WHEREAS, the Localities now each desire to continue and extend their non-binding, but moral obligation to assist RMA, on the terms and conditions hereinafter set forth, with respect to RMA's obligations to pay when due amounts required to be paid with respect to the Stadium Renovation Obligationsi NOW, THEREFORE, for and in consideration of the tbregoing premises and the mutual benefits to be derived therefrom and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Localities approve RMA's construction and financing of the Renovation Project, upon such terms as RMA may prescribe from time to time. subject to the provisions of all applicable local codes. 2. The 1984 Moral Obligation Agreement is hereby amended to the effect that references in the 1984 Moral Obligation Agreement to "Stadium Bonds" shall be deemed to include the Stadium Renovation Obligations to finance the Renovation Project and references in the 1984 Moral Obligation Agreement to "Stadium Bonds Debt Service" shall be deemed to include the total principal and interest due on the Stadium Renovation Obligations for the applicable period. 3. This Agreement shall become effective upon the execution hereof by each party hereto and is expressly conditioned upon the execution of an agreement between RMA and the -3- O0003Z Atlanta Braves organization for the use of The Diamond, such agreement to be in form and substance satisfactory to RMA. 4. Except as expressly modified by this Agreement, all of the terms and provisions of the 1984 Moral Obligation are hereby ratified and confirmed and shall remain in full force and effect. 5. In the event of a conflict between the terms, conditions and provisions of this Agreement and the 1984 Moral Obligation Agreement, the terms of this Agreement shall prevail. 6. Terms used in this Agreement and not defined herein shall have the meaning given them in the 1984 Moral Obligation Agreement. 7. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one and the same document. IN WITNESS WHEREOF, Richmond has caused its name to be subscribed hereunto by its City Manager and its seal to be hereto affixed and attested by its City Clerk, they being duly authorized so to do by Ordinance # adopted by the Council of Richmond on the __ day of September, 2003; Henrico has caused its name to be subscribed hereunto by its County Manager and its seal to be hereto affixed and attested by its Clerk of the Board of Supervisors, they being duly authorized so to do by Agenda Item # - 03, adopted by the Board of Supervisors of Henrico on the __ day of July, 2003; Chesterfield has caused its name to be subscribed hereunto by its County Administrator and its seal to be hereto affixed and attested by its Deputy Clerk of the Board of Supervisors, they being duly authorized so to do by Resolution adopted by the Board of Supervisors of Chesterfield on the __ day of September, 2003; and RMA has caused its name to be subscribed by its General Manager and its seal to be 0000,33 -~- affixed and attested by its Secretary, they being duly authorized so to do by the Board of Directors of RMA by resolution adopted on the __ day of ,2003. ATTEST: CITY OF RICHMOND [SEAL] By: By: ATTEST: [SEAL] City Manager COUNTY OF HENRICO By: By: County Manager ATTEST: [SEAL] COUNTY OF CHESTERFIELD By: By: County Administrator ATTEST: [SEAL] RICHMOND METROPOLITAN AUTHORITY By: By: General Manager #638640.2 -s- 000034 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 17, 2003 Item Number: 8.C.l.c. Subiect: Resolution Recognizing Jerry L. Fields Upon His Retirement September 1, 2003 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 Jerry L. Fields for 18 years of service to the Chesterfield County Sheriff's Office. Preparer: Clarence G. Williams, Jr. Title: Sheriff Attachments: Yes ~-~ No ~00035 RECOGNIZING MR. JERRY L. FIELDS UPON HIS RETIREMENT WHEREAS, Mr. Jerry L. Fields began serving the citizens of Chesterfield County as a Sheriff's Deputy assigned to the County Jail on April 1, 1985; and WHEREAS, Deputy Fields was promoted to the rank of Corporal on the 13th day of July 1987, and in this role provided leadership and guidance to junior members of his shift; and WHEREAS, as Corporal Fields continued to lead by example he was promoted to the position of Sergeant on August 6, 1988, and continued to promote teamwork and enhance the operational effectiveness of the Correctional Services Division; and WHEREAS, in July 1994, Sergeant Fields was transferred to the Courts Services Division as Transportation/Lock-Up Supervisor; and WHEREAS, in recognition of Sergeant Fields' leadership abilities, he was promoted again on August 17, 2002, to the position of Lieutenant, commanding the midnight shift at the Chesterfield County Jail; and WHEREAS, Lieutenant Fields has demonstrated a desire to honor the Sheriff's Office by voluntarily being a member of the Color Guard, participating in parades and other public events and promoting a positive public image of the Department; and WHEREAS, Lieutenant Fields has received numerous accolades from his co- workers, supervisors, and members of the public, and his professional display of customer service standards during sequestered juries, tours of the courts and jail facilities, fingerprinting clinics, and other public events has elicited letters of appreciation from several individuals and organizations; and WHEREAS, Lieutenant Fields has remained committed to providing a safe and secure environment in which to live, work, and raise a family through dedicated service to the citizens of Chesterfield County, Virginia. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, recognizes the outstanding contributions of Mr. Jerry L. Fields, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. 000036 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: September 17, 2003 Item Number: 8.C.1.d. Resolution Recognizing the Ettrick Fire Station for Seventy-Five Years of Service to Chesterfield County 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 the Ettrick Fire Station for seventy-five years of service to Chesterfield County, Virginia. Preparer: Steve A. Elswick Title: Fire Chief Attachments: Yes ~-~ No 9~0037 RECOGNIZING ETTRICK FIRE STATION FOR SEVENTY-FIVE YEARS OF SERVICE WHEREAS in 1928, the Ettrick Fire Station was the first fire department organized in Chesterfield County, operating under the authority of the Ettrick Sanitary District; and WHEREAS the first equipment available for firefighting were two hose reels which were hand drawn or pulled by automobile and operated by hydrant pressure only; and WHEREAS the first officers of the organization were Chief Curtis Williams, Assistant Chief Earl Nugent, President R. L. Eanes, Vice-President L. V. Pond, Secretary W. D. Varnier, and Treasurer Bolling Collier; and WHEREAS in 1935, the first engine was placed in service and housed in a nearby two-car garage, and the first Ladies Auxiliary led by Mrs. L. E. Hargrave and the Junior Firefighter program were also formed; and WHEREAS in 1938, a tract of land was purchased by the Ladies Auxiliary with funds raised from house-to-house canvassing and other activities, to erect a municipal building that doubled as a fire station; and WHEREAS in 1939, the first siren was erected at the station with an additional siren push-button and telephone in the home of Fire Chief G. C. Pond, Sr.; and WHEREAS, in 1961, an aerial ladder was donated by Virginia State College and placed in service, to protect the community as well as the college itself; and WHEREAS, the Ettrick Fire Station was staffed with dedicated volunteers until 1975 when the county hired salaried firefighters to supplement the declining membership and to ensure adequate coverage to emergencies; and WHEREAS, the Ettrick Fire Station underwent major renovations in 1984, including the addition of a second floor over the apparatus bays, and remains a major focal point for the Ettrick Community today. NOW, THEREFORE IT BE RESOLVED, that the Chesterfield County Board of Supervisors recognizes the 75th Anniversary of the Ettrick Fire Station and expresses the appreciation of all residents to all volunteers and career firefighters for their service to the county. 000038 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: September 17, 2003 Item Number: 8.C.2.a. Subject: Acceptance and Appropriation of FY2004 State Drug Court Grant Funds County Administrator's Comments: County Administrator: Board Action Requested: Authorize the acceptance and appropriation of Adult Drug Court Program grant funds from the Virginia Department of Criminal Justice Services. The grant is for the period July 1, 2003 through June 30, 2004 in the amount of $173,992, of which $130,492 are federal funds and $43,500 are state funds. Summary of Information: The Chesterfield County/Colonial Heights Drug Court program diverts non- violent, felony drug offenders from jail into a comprehensive service system that integrates treatment and supervision services under the leadership of the judicial system. The funding received from this grant will allow the Drug Court to continue to offer substance abuse services offered in the drug court program and allow the drug court team to address the multiple needs of the individual, not just his or her drug use. The court received similar state grant funds last year and in addition, is expected to receive a continuation of federal grant funds this year to maintain enhancements begun in Drug Court services last year. There is no required local match for this state grant. Preparer: Rebecca T. Dickson Title: Director, Budget and Management Attachments: I-~ Yes l ooo gl CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: The Drug Court is requesting the acceptance and appropriation of $173,992 for a Virginia Department of Criminal Justice Service grant for FY2004. This grant will continue the services currently performed by the Drug Court. The Court received a similar grant for FY2003 but due to uncertainty during the FY2004 state budget process, the FY2004 grant was not adopted as part of the county budget and therefore appropriation of these funds is needed. No local match is required. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000040 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.2.b. Subiect: Acceptance and Appropriation of a Grant Awarded by the Bureau of Justice Assistance for the FY2004 Local Law Enforcement Block Grant County Administrator's Comments: County Administrator: Board Action Requested: 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 $78,822 transfer local match of $8,758. The local match will be funded from a transfer from reserves currently available for this purpose. 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. FY2004 Federal $78,822 Local $ 8,758 Total $87,580 The local match will be funded with Police Department appropriation. Preparer: Colonel Carl R. Baker Title: Chief of Police Attachments: ['~ Yes No 00004'1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: The Police Department is requesting the acceptance and appropriation of funds for a U.S. Department of Justice Local Law Enforcement Block Grant. In addition to the Federal Block Grant amount of $78,822, a local cash match of $8,758 will provide a total of $87,580 in funds available to the Police Department. The funds will be used to purchase equipment for community policing and crime prevention. Local match funds are available in reserve funds currently held for this purpose. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement O0004Z CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.3..o... Subiect: Set Date for Public Hearing to Consider an Ordinance Amendment Relating to Property Used for Aquaculture in the Special Land Use Taxation Program County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to set a public hearing for October 8, 2003, to consider an ordinance amendment reducing the minimum acreage of real property used for aquaculture in order to qualify for the Special Land Use Taxation Program. Summary of Information: The County has adopted a special land use taxation program that provides a reduced land use assessment for land qualifying under agricultural, horticultural, forest and open space classifications. Under state law, property used for agriculture (including aquaculture) normally must be at least five acres in size to qualify. The General Assembly recently amended the State Code to allow a locality to qualify property used for aquaculture (growing plants or animals in water) for special land use taxation even if the property is less than five acres. Staff recommends that the Board of Supervisors adopt an ordinance, which would allow a one-acre minimum of aquaculture to qualify under the Special Assessment Program. State law would not allow a reduction in the minimum acreage for agricultural property, which is not used for aquaculture. There is currently one aquacultural farmer in the County. This particular farmer raises catfish in a four-acre pond. He also leases his adjacent property to another farmer. The combined acreage of the pond and the leased land qualifies for land use taxation because the total exceeds the five-acre minimum. The aquaculture operation alone would not qualify under the County's current ordinance. The aquaculture operation would qualify under the proposed ordinance. Preparer: Russell Harris Attachments: Ycs Title: Interim Director, Real Estate Assessor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information (cont.): If adopted by the Board of Supervisors, the ordinance would be effective and commence on January 1, 2004. Staff recommends that the Board of Supervisors set a public hearing for consideration of the attached ordinance amendment. 000044 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 9-20.1 AND AMENDING AND RE-ENACTING SECTION 9-21 RELATING TO TAXATION OF REAL PROPERTY USED FOR AQUACULTURE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-20.1 of the Code of the County of Chesterfield, 1997, as amended, is added and Section 9-21 is amended and re-enacted to read as follows: DIVISION 2. LAND USE OOO Sec. 9-20.1. Determination of qualifications - Aquaculture. To qualify for taxation under this division, real estate used for the purposes of engaging in aquaculture as defined by state law shall consist of a minimum of one (1) acre in addition to satisfying all other requirements of this division. Sec. 9-21. Same Determination of qualifications--Use of fair market value. The use value of fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer, and the tax for the next succeeding tax year shall be extended from the use value. (2) That this ordinance shall become effective on January 1, 2004. 000045 1923:62622.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.3.b. Subject: Set Date for a Public Hearing to Consider Amending Chapter 10 County Administrator's Comments: Fire Protection of the County Code County Administrator: Board Action Requested: The Board is requested to set a Public Hearing for October 8, 2003, for the adoption of the attached ordinance amending Chapter 10 Fire Protection of the County Code. Summary of Information: The Virginia Statewide Fire Prevention Code, which is enforced by the Fire Marshal's Office, provides that localities may amend state fire prevention law to the extent that they make the law more stringent than the Statewide Fire Prevention Code. Traditionally, the County has amended the fire prevention code to provide more stringent regulation in such areas as open burning and fireworks display. Recently, the State Department of Housing and Community Development updated the Statewide Fire Prevention Code with changes, which will become effective on October 1. Accordingly, the County needs to update its amendments to the Fire Prevention Code to reflect the changes, which have been made by the State to go into effect on October 1. The attached proposed ordinance makes those changes. The ordinance does not propose to change substantively the County's amendments to the Fire Prevention Code, except (i) the ordinance permits the Fire Marshal the flexibility to increase fire flow requirements for subdivisions with homes in excess of 3600 square feet; (ii) places the overcrowding of public facilities regulation into the Preparer: Stephen A. Elswick Title: Fire Chief 0505: 62887.1 (62793.1) Attachments: Yes No I oooo4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 County Code; and (iii) provides stricter regulation on fireworks, explosive displays, and open burning. Otherwise, the ordinance only updates the County's amendments to reflect the changes made by the State that will go into effect on October 1. Other proposed changes to the County's ordinance fall into two categories. First, the section numbering of many of the County's amendments has been changed to reflect changes made by the State in the structure of the State Fire Prevention Code. Second, several of the County's amendments have been deleted because they are now covered by the State Fire Prevention Code. In addition to the amendments to the Statewide Fire Prevention Code, the attached ordinance would amend the County Code to provide that the Fire Marshal and Deputy and Assistant Fire Marshals who have received the requisite law enforcement training be granted full police powers when they investigate fires, explosions and environmental and similar crimes. [See attached] Before these changes can be adopted, the Board needs to conduct a public hearing. Staff is recommending that the public hearing be scheduled for October 8, 2003. 0505: 62887.1 (62793.1) 000047 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING CHAPTER 10 RELATING TO FIRE PREVENTION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 10 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-1. Fire prevention code adopted. The county shall enforce the Virginia Statewide Fire Prevention Code promulgated by the Board of Housing and Community Development of the Commonwealth pursuant to Code of Virginia, § 27-98. The provisions of the Virginia Statewide Fire Prevention Code and chapter 10 of this Code shall be enforced by the ,.~:,~, ^~, ,u ...... ,., c:~ M~n~.-.,~., Fire Marshal, or his duly authorized representative, hereafter referred to as the "fire official" or "code official.", at the direction of the Chief of the county fire department. OOO 0505:62793.1 1 000048 0505:62793.1 2 000049 050S :62793.1 3 0 0 0 0 S 0 1;' ql I /I tm, ga! tt~,~ AddgOJlk88g*;8~l · T2 '21 I .'~ -,o follows: 0505:62793.1 4 000051 0505:62793.1 5 00005;8 Go 0505:62793.1 6 O0 () 0..~ 3 T T NT o D 000054 0505:62793.1 7 go Uo Bo 0505: 62793. A Bo food Co Do 0505:62793.1 9 O00056 A0 B0 o o miffed ~c ....... c;.~ ;o ~,~a ..a ..,~. ,~ ~,.~; ..... ~,~a m~., 0505:62793.1 10 0 0 0 0 57 ,) o o Ts.. 0505:62793.1 l l 0 0 0 058 Bo o 0505:62793. o 0505:62793.1 13 000060 o 000061 0505:62793.1 14 0505:62793. l 15 00006;~ 0505:62793.1 16 00006;3 0505:62793.1 17 000064 1"~ OA r.k .... ,4 *~ 1'10~ (3) (4) 50 nn changed (1 f~ 011 Or) ,v, .~v 0505:62793.1 18 000 065 Sec. 10-3. Fire prevention code --Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, §27-97, in the following respects: Chapter 1. Administration and Enforcement 106.3 Inspections: Delete and substitute 106.3 as follows: The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individu_al. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body. The fire official may require the owner or owner's agent to inspect the owner's property or equipment in accordance with guidelines approved by the fire official. 106.8 Plans Review and Certificate of Occupancy: Add section 106.8 as follows: The fire official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one- and two-family dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy. 106.9 Fire Hydrants: Add section 106.9 as follows: During the site and/or construction plans review process for construction or change in use of any building or structure, the fire official shall have the authority to require the 0505:62793.1 19 000066 installation of fire hydrants as he deems necessary to haVe water available for fire fightin~ purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to fire fighting apparatus at the time they are installed and at all times thereafter. The fire official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their placement and the desired flow shall be determined by regulations established from nationally recognized standards. 106.10 Authority to Take Photographs: Add section 106.10 as follows: The fire official or his duly authorized representative is authorized to make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergency, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the fire official from making sketches or taking photographs. 107.2 Operational Permits add Table 107.2 as follows: TABLE 107.2. OPERATIONAL PERMIT REQUIREMENTS DESCRIPTION PERMIT PERMIT INSPECTION REQUIRED FEE FEE (yes or no) Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds N__9_o (227 kg) net weight. Amusement bnildlngn. An operational permit is required to operate a special N.__qo amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S N_po occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a camival or fair. No Battery systems. An operational permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L). No Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. N_.9_o Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, N__rio coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 rm). N__..~o Exception: An operational permit is not required for agricultural storage. Compressed gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the 0505:62793.1 20 00 0 06'7 vehicle. N__9_o PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS AMOUNT (cubic feet at NTP) Corrosive 200 Flammable (except cryogenic fluids and liquefied petroleum gases) 200 Highly toxic Any amount Inert and simple asphyxiant 6,000 Oxidizing (including oxygen) 504 Toxic Any amount For SI: 1 cubic foot = 0.02832 n~ Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. N.~o 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and N~o using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Cutting and welding. An operational permit is required to conduct cutting or welding operations within the iurisdiction. N.__9_o Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry N._Qo cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and N__9_o trade shows. Explosives~ ammunition and blasting agents: Yes $65.00 Storage, approved overnight Transportation, each vehicle Use, each site or location Firm or company license Extremely Hazardous Substances (EHS) N__9_o Fireworks Retailer and/or Wholesaler N___qo Public Display Yes $0 Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally N._9_o used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. Flammable and combustible liquids. An operational permit is required: N__9_o 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) (see Section 3501.1.2) nor does it apply to piping systems (see Section 3503.6). 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. 3. To store, handle or use Class II or Class IliA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel 0505:62793.1 21 O I0 0 068 oil used in connection with oil-burning equipment. 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 6. To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flammable or combustible liquids. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. No Fruit and crop ripening. An operational permit is required to operate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. N___~o Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a N._9_o room, vault or chamber in which a toxic or flammable fumigant is used. Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. N__9_o PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See flammable and combustible liquids Corrosive materials Gases See compressed gases Liquids 55 gallons Solids 1000 pounds Explosive materials See explosives Flammable materials Gases See compressed gases Liquids See flammable and combustible liquids Solids 100 pounds Highly toxic materials Gases See compressed gases Liquids Any amount Solids Any amount Oxidizing materials Gases See compressed gases Liquids Class 4 Any amount Class 3 1 gallon Class 2 10 gallons Class 1 55 gallons Solids Class 4 Any amount Class 3 10 pounds Class 2 100 pounds Class 1 500 pounds Organic peroxides Liquids Class I Any amount Class II Any amount Class III 1 gallon Class IV 2 gallons 0505:62793.1 22 0 0 0 0 6 9 Class V No permit required Solids Class I Any amount Class II Any amount Class III 10 pounds Class IV 20 pounds Class V No permit required Pyrophoric materials Gases See compressed gases Liquids Any amount Solids Any amount Toxic materials Gases See compressed gases Liquids 10 gallons Solids 100 pounds PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL N_.9_o Unstable (reactive) materials Liquids Class 4 Any amount Class 3 Any amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any amount Class 3 Any amount Class 2 50 pounds Class 1 100 pounds Water-reactive materials Liquids Class 3 Any amount Class 2 5 gallons Class 1 55 ~allons Solids Class 3 Any amount Class 2 50 pounds Class 1 500 pounds For SI: 1 gallnn = 3.785 L, 1 pound = 0.454 kg, ItPM facilities. An operational permit is required to store, handle or use hazardous production materials. N._9_o High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 ne). _No Itot work operations. An operational permit is required for hot work including, but N__~o not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision. Industrial ovens. An operational permit is required for operation of industrial ovens 0505:62793.1 23 O 0 0 0'70 regulated by Chapter 21. N._..Qo Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 fB) (236 rm). N___~o Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled N._9_o vehicles or equipment in assembly buildings. LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. N__.9_o Exception: An operational permit is not required for individual containers with a 500-gallon (1893 L) water capacity or less serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. N._._qo Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 ma) gross volume No of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private Yes $400.00 ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. Open flames and candies. An operational permit is required to remove paint with a torch; use a torch or open-flame device in a hazardous fire area; or to use open flames N._qo or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in N._9_o one day. Places of Assembly/educational. An operational permit is required to operate a place of assembly/educational occupancy. N__~o Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants. N._.9.o Exception: An operational permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. N__fio Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly N.__9.o or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. N__.9_o Relmir I~aral~es and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations. N._.9_o Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. N__9_o Suravin~, or dippinl~. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of N_._9_o combustible powders regulated by Chapter 15. Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds N.._fio 2,500 cubic feet (71 ma) of total volume of scrap tires and for indoor storage of tires and tire byproducts. (continued) 0505:62793.1 24 00007~. TABLE 107.2. OPERATIONAL PERMIT REQUIREMENTS DESCRIPTION PERMIT PERMIT INSPECTION REQUIRED FEE FEE (yes or no) Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent. N._9.o Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. 3. Fabric canopies and awnings open on all sides which comply with all of the following: 3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2). 3.2. The aggregate area of multiple canopies placed side by side without a firebreak clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65m2) total. 3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. N__rio Waste handling. An operational permit is required for the operation of wrecking yards, iunk yards and waste material-handling facilities. N__~o Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). N__9_o 111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows: If the notice of violation is not complied with within the time specified by the fire official, the fire official may issue a summons for the violation of the code. The fire official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code. 111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code. Chapter 2. Definitions 202.0. General Definitions. Add the following definition: The term "occupant" means any person physically located or situated in or on any property, structure or vehicle irrespective of the length of time or the reason for such occupancy. Chapter 3. General Precautions Against Fire 307.1 Title and Purpose. Delete and substitute section 307.1 as follows: This article shall be known as the Chesterfield County Ordinance for the Regulation of 0505:62793.1 25 O 0 0 07 Z Open Burning. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Chesterfield County to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. 307.2 Definitions. Delete and substitute section 307.2 as follows: For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. Co "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. "Debris waste" means stumps, wood, brush, and leaves from property maintenance and/or land clearing operations. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction Go Ho waste. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. "Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 0505:62793.1 26 0 0 0 0 7 3 Jo Ko Mo Oo P° Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses, and steel mills. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. "Local landfill" means any landfill located within the jurisdiction of a local government. "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. "Open burning" means the burning of any mater in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. "Open pit incinerator" means a device used to bum waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and Qo overdraft incinerators. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. 000074 0505:62793.1 27 So To "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shiDoing containers or drums, and specifically including automobile graveyards and junkyards. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid waste management regulations for further definitions of these terms. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 307.3 Open Burning Regulations. Delete and substitute Section 307.3 as follows: mo No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. Bo No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. Co No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. Do No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. Eo No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. 000075 0505:62793.1 28 Fo Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or iniuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to Code of Virginia, §10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. Go Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in pan VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device, and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. 307.3.1 Exemptions. Add subsection 307.3.1 as follows: The following activities are exempted from the above prohibitions to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; Bo Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Co Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; Open burning for forest management and agriculture practices approved by the state air pollution control board; and E. Open burning for the destruction of classified military documents. 307.3.2 Permissible open burning. Add subsection 307.3.2 as follows: 0505:62793.1 29 000076 mo Bo Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: A written permit, valid for thirty (30) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity conducting or responsible for the bum. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired bum; and A copy of the burn permit shall be maintained at the site of the bum, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and o The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; and The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and 5. All fires must be at least 50 feet from any structure; and o Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; and ° No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road, and o Permits for burning tree trimmings and/or garden trimmings shall be limited to two per site per year. Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, 30 0505:62793. buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield Fire & EMS, Fire and Life Safety Division, provided the following conditions are met: A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: Fee for permit, completed information form, site plan drawing of bum site, proof of liability insurance for party performing bum, and the name, address and telephone number of the owner and, if different, developer of the property on which the bum is conducted and of any other entity conducting or responsible for the bum. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired bum. A copy of the bum permit shall be maintained at the site of the bum, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and o The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of o o o material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and The burning shall be conducted at the greatest distance practicable from highways and airfields; Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 0505:62793.1 31 O 0 (} O 7~ Co o The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 10. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal; and Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met: A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing bum; o The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; o Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; o The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste; 5. All reasonable effort shall be made to minimize the amount of material o that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; The location of the burning shall be a minimum of five hundred (500) feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The 0505:62793.1 32 O 0 0 0 7 9 exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the days during which the burning will Occur. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. Do Sections A through C above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of June, July, or August. 307.3.3 Permits. Add subsection 307.3.3 as follows: When open burning of debris waste or open burning of debris on the site of a local landfill is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. Bo Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 0505:62793.1 33 O 0 0 0 8 0 The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. o The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. 307.3.4 Attendance at Open Fires. Add subsection 307.3.4 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. 307.3.5 Endangering Other Property. Add subsection 307.3.5 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another. 307.3.6 Revocation of Permits. Add subsection 307.3.6 If any permit holder violates any provision of this ordinance or if any permit holder makes a material misrepresentation on a permit application, The Fire Marshal may require the extinguishments of the fire and the burn permit shall be subject to revocation; 307.4 Fees. Delete and substitute section 307.4 as follows: 0505:62793.1 34 000 08~ 1. There shall be no fees for the permit required by Section307.3.2(A) Fees for permits required by section 307.3.2(B) and (C) and shall be .............. $400.00 307.5. Add the following sentences to the end of section 307.5. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. 307.5. Delete exception 2. 307.6 Storage, Park or Repair. Add subsection 307.6 as follows: No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. 307.7 Sweating Joints. Add section 307.7 as follows: Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity, one approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity of the work shall be protected against ignition by shielding, wetting, or other approved means. In all cases, the person performing the work shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used. 315.4 Materials Storage Regulation. Add subsection 315.4 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a 0505:62793.1 35 O 0 00S~ gross volume of greater than 2,500 cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. 315.6 Storage or Display in Roofed-Over Malls. Add subsection 315.6 as follows: Combustible goods, merchandise, decorations or vehicles may be displayed or placed in the common areas of a roofed-over mall only if such display or placement is in compliance with regulations established by the code official. It shall be the responsibility of the owner, manager or his designated representative to notify the code official prior to such usage of the roofed-over mall. Chapter 5. Fire Service Features 502.0. General Definitions. Delete and substitute the following definition: Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting equipment and facilities. 503.1 Where Required. Delete and substitute 503.1 as follows: The code official may designate fire lanes on public streets and on private property devoted to public use for the purpose of permitting proper access to fire hydrants or for fire fighting equipment. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1 through 503.1.3 503.7 Illegal Use. Add subsection 503.7 as follows: 1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. 2. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. 3. The penalty for violation of section 503.7(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.7(2) shall be the same as for all other violations of this chapter. Chapter 9 Fire Protection Systems 901.5.2 Altering or Changing Supervisory Services. Add subsection 901.5.2 as follows: The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being 0505:62793.1 36 O 0 0 OS 3 returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. 901.6.1.2 Limited Area Sprinkler Systems. Add subsection 901.6.1.2 as follows: All limited area sprinkler systems shall be inspected annually and maintained according to NFPA 25 and in accordance with the following standards: The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means. Markings shall be provided in a conspicuous place at the sprinkler control valve and shall state: "Notify the Fire Department (748-6240) before closing valve." o Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner. 901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows: The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection. 904.11.6.1 Ventilation System. Delete and substitute subsection 904.11.6.1 as follows: The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired. 904.11.6.6 Manual Operations. Add subsection 904.11.6.6 as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. 0505:62793.1 37 000084 907.20.1.2 Alarm Activations. Add subsection F-501.7 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. Chapter 10. Means of Egress 1003.1.1 Overcrowding. A person shall not permit overcrowding or admittance of any person beyond the approved occupant load. The fire official, upon finding overcrowded conditions or obstruction in aisles, passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected and the addition of any further occupants shall be prohibited until the approved occupant load is reestablished. 1011.5. Marking Means of Egress. Add subsection 1011.5 as follows: The code official may require the means of egress through storage areas to be marked, and the owner or his agent shall be responsible for marking and maintaining such aisles as required. Chapter 27. Hazardous Materials - General Provisions 2702.1 Definitions. Delete and substitute the following definition: Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 28, whether the materials are in usable or waste condition, including flammable and combustible liquids. Chapter. 33 Explosives and Fireworks 3302.1 Delete the following definition from 3302.1: Permissible Fireworks 3308.1 General. Add the following text to 3308.1: A permit shall be required for the public display of fireworks. 3308.2 Permit Application. Add the following text to 3308.2: Application for permits shall be made in writing at least 60 days in advance of the date of the display or discharge of fireworks. The sale, possession, discharge and distribution of 0505:62793.1 38 000085 fireworks for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit. 3308.11.1 Violations. Add subsection 3308.11.1 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised public displays of fireworks. Chapter 34. Flammable and Combustible Liquids 3404.1.1 Prohibited Storage. Add subsection 3404.1.1 as follows: The storage of flammable and combustible liquid shall be prohibited in occupancies of Use Group A, R-l, R-2, and in rental storage facilities. 3406.5.1.6 Fire Protection. Delete and substitute 3406.5.1.6 as follows: Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter 36. Liquified Petroleum Gases 3603.4. Emergency Services. Add subsection 3603.4 as follows: Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service. 3605.6.1. Portable Containers. Add Subsection 3605.6.1 as follows: Installation and operation of liquified petroleum containers offered for sale or exchange shall comply with regulations established by the code official. The following appendices of the enforceable part of this code: APPENDICES International Fire Code, 2000 edition shall be an Appendix B - Fire-flow Requirements for Buildings Appendix C - Fire Hydrant Locations and Distribution 0505:62793. x 39 0 0 0 0 86 Appendix D - Fire Apparatus Access Roads Exception: Section D106 and Section D107 shall not be included in this code. 000 Sec. 10-7. Authority of fire marshal and assistant fire marshals. The county fire marshal and his assistants, who shall be appointed by the county administrator pursuant to Code of Virginia, {}27-36, shall have the authority to arrest, to procure and serve warrants and to issue summonses in the manner authorized by general law for violations of this chapter and of all fire safety, fire prevention and related ordinances, as permitted by Code of Virginia, § 27-34.2. The county fire marshal and those assistants appointed pursuant to the Code of Virginia, §27-36 who have met the training requirements outlined in the Code of Virginia, §27-34.2:1 shall have the same police powers as a police officer or law- enforcement officer. The investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances and fire bombs shall be the responsibility of the fire marshal and the county police department, as permitted by Code of Virginia, §27-34.2:1. OOO (2) That this ordinance shall become effective immediately upon adoption. 0505:62793.1 40 0 0 0 0 S 7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: September 17, 2003 Item Number: 8.C.3.c. Subiect: County Administrator: Set Public Hearing for October 8, 2003 to Consider Adoption of an Ordinance to Amend the Erosion and Sediment Control Ordinance C°untvAdministrat°r'sC°mments: //~,~_._~~ /~2-~--o.~ ~o~~-~_'~ Board Action Requested: The Board of Supervisors is requested to set a public hearing for October 8, 2003 to consider adoption of an ordinance to amend the Erosion and Sediment Control Ordinance. Summary of Information: In June of 2002, the County's Erosion and Sediment Control program was reviewed by the State Dept. of Conservation & Recreation (DCR). As a result of this review, DCR concluded that the Erosion and Sediment Control ordinance needed to be updated to include a schedule of civil penalties and several other amendments resulting from changes to the State Erosion and Sediment Control Law. Staff has revised the ordinance incorporating the civil penalties mandated by DCR and has included other provisions that will strengthen the implementation of erosion and sediment control measures. The following are some of the other key proposed amendments: · Verbiage is added requiring Certified Responsible Land Disturbers, hired by the permit holder, to conduct regular inspections, maintain records of those inspections, to make such records available for review by the Dept. of Environmental Engineering and to attend pre-construction meetings. · Requirement holding Land Disturbance Permit holders responsible for the clean up of sediment that has impacted downstream properties and/or waters. · Provision for the issuance of summonses for violations of the ordinance, with the option of paying the fine directly to the county. Such civil penalties would be designated for the purpose of minimizing, preventing, managing or mitigating the pollution of the waters of the county. The Dept. of Conservation has given the county until January of 2004 to adopt the revised ordinance. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Yes ~ No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING CHAPTER 8 RELATING TO EROSION AND SEDIMENT CONTROL AND ESTABLISHING CIVIL PENALTIES FOR VIOLATIONS OF THE ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 8 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 8-1. Definitions. (a) When used in this chapter, the following terms shall have the following meanings: Agreement in lieu of a plan: A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lien of a formal site plan. Certificate of occupancy: A certificate of use and occupancy issued under the Uniform Statewide Building Code, but not including a temporary certificate of use and occupancy. Conservation standards: The standards contained in the Virginia Erosion and Sediment Control Regulations and in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook for controlling erosion and sedimentation. County: The County of Chesterfield. Department: The State Department of Conservation and Recreation. Designated agent: The person designated by the applicant for a land-disturbance permit to act on behalf of the applicant and to accept service of legal process for the applicant. Development: A tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or a subdivision as defined in Chapter 17 of the Chesterfield County Code Environmental engineer: The director of the Chesterfield County Department of Environmental Engineering or his designee. Land Disturbance Permit: A permit issued by the Department of Environmental Engineering for the clearing, filling, excavating, grading or transporting of land or for any combination thereof or for any purpose set forth herein. When the land disturbing activity is 0505:62927.1 1 in conjunction with the construction of a dwelling, the building permit issued by the Building Official shall be the land disturbance permit. Plan: The erosion and sediment control plan required by this chapter and by Va. Code §10.1-560, et. seq. Program authority: The County of Chesterfield. The Director of the Department of Environmental Engineering, or his designee, is the designated authority to administer this program. Responsible Land Disturber: The individual designated in writing by the holder of the land disturbance permit to be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or an agreement in lieu of a plan. The responsible land disturber must hold a certificate of competence as provided by Va. Code § 10.1-561. Single-family residence, separately built: A dwelling that is occupied exclusively by one family and that is not located in a residential subdivision. Silviculture: Forest management, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to Va. Code §10.1-1105. Soil and Water Conservation District: The district or districts established by the Virginia Soil and Water Conservation Board pursuant to Va. Code §10.1-506, et. seq. which includes Chesterfield County. Stabilized land: Land that will withstand normal exposure to atmospheric conditions without incurring erosion damage. Subdivision: Shall have the same meaning as the term is given in the county's subdivision ordinance. (b) When used in this chapter, the following terms shall have the same meaning as set forth in t-,~,~ ~c x~,~.;~ ......... ~ ..... Va. Code, §10.1-560: Applicant Certified inspector Certified plan reviewer Certified program administrator 0505:62927.1 2 Erosion impact area Land-disturbing activity Local Erosion and Sediment Control Program Owner Permittee Person Plan-approving authority State waters. Sec. 8-1.1. Adoption of State Erosion Control Regulations. Pursuant to Va. Code §10-562, Chesterfield County adopts the Virginia Erosion and Sediment Control Regulations as the authority that governs the County's local erosion and sediment control program. Sec. 8-2 Approval of land-disturbing activity. (a) Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land disturbing activity is taking place. No person shall install a septic tank line or drainage field in a Resource Management Area as defined in pp a~o~.,4~,~a ;. ~. .... : ....,~ ..... unless the Chesapeake Bay reservation ~ Ordinance, ....................... person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank line or drainage field is being installed. (b) Persons who own, occupy or operate private lands devoted solely to agricultural, horticultural or ~ silviculture shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Code of Virginia Va. Code, § 10.1-560. This exemption shall not apply to land disturbing activities on land in an agriculturally zoned district which is not used directly for the management of agricultural crops, forest crops and livestock, or land which has been rezoned or converted, or proposed to be rezoned or converted, at the request of the owner or previous owner, from an agricultural to a residentially, commercially or industrially zoned district or use. (c) General woodlot management conducted on lands that are in an agricultural zoning district and in conformance with sound silvicultural practices as confirmed by the State 0505:62927.1 3 Forester or professional arborist, shall be exempt from the requirements of this chapter. For the purposes of this chapter, general woodlot management does not include the removal of stumps. (c---)(d) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall be exempt from the requirements of this chapter for projects that are exempt from local erosion and sediment control regulation pursuant to Cede ef Virginia Va. Code, § 10.1-563(D); provided, however, that e4oc4hc--aml uti4il-y such companies shall comply with the filing requirements of Cc~e ef Virginia Va. Code, § 10.1-563(D), as enforced by the Department of Conservation & Recreation. (e) State agency projects are exempt from the provisions of this chapter except provided for in Va. Code § 10.1-564. OOO Sec. 8-4. Land-disturbance permits. (a) The environmental engineer shall not issue a land-disturbance permit to an applicant who has submitted a land-disturbance permit application unless: (1) The applicant has submitted an erosion and sediment control plan that has been approved by the environmental engineer as meeting the conservation standards; (2) The person responsible for implementing and maintaining the erosion and sediment control plan certifies that he will perform the erosion and sediment control measures included in the plan; (3) The applicant has paid the program administration fee and posted the bond, letter of credit or cash escrow required by this chapter; (4) The applicant has implemented and maintained adequate erosion and sediment control measures for any land-disturbing activity that has already taken place; (5) Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the Virginia Department of Transportation. However, if the grading, drainage, erosion and sediment control and Chesapeake Bay Act Ordinance requirements have been met to the satisfaction of environmental engineer and the site plan has been deemed to be substantially approved by the site plan review team, the environmental engineer .... : ...... ~ ~-~: ........ g~ ~ ..... ~ may issue the land disturbance pe~it; (6) Any tentative subdivision that is required by the subdivision ordinance has been approved by the county and any road and drainage plan that is required by 0505:62927.1 4 the subdivision ordinance has been approved by the county and the Virginia Department of Transportation; (7) Copies of.' a_ aAny wetlands permits that are required by federal or state law have been submitted to the environmental engineer, or a qualified wetlands expert, approved by the environmental engineer, has submitted written documentation to the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and b. A Virginia Pollutant Discharge Elimination System (VPDES) General Permit Registration Statement and Permit Fee form (as developed by the Department of Environmental Quality) for construction sites of one acre or more, if required. (8) The applicant has appointed a designated agent if the applicant does not reside in Virginia or is a corporation or a partnership. (b) Land-disturbance permits shall remain in effect until the land-disturbing activity for which the permit was issued has been completed, as determined by the environmental engineer, unless the permit provides for a different effective time period or unless the environmental engineer, or his designee, revokes the permit~. (c) Any person who engages in land disturbing activity on land which is more than 2,500 square feet in area but less than 10,000 square feet in area and that is located in a Chesapeake Bay preservation area shall be issued a land disturbance permit if the person has received minor site plan or improvement sketch approval and if there are no erosion and sediment control violations on the property, without having to comply with the provisions of subsection (a). Sec. 8-5. Monitoring Reports and Inspections. (a) All applicants for land-disturbance permits shall expressly grant the environmental engineer the right to enter the property at all reasonable times before and after the permit is issued for the purpose of inspecting the property to determine whether the requirements of this chapter and of the approved erosion and sediment control plan are being met. The environmental engineer shall allow the owner, permittee or other individuals designated by the owner or permittee to be present during the inspection. (b) The environmental engineer may conduct pre-construction meetings with the contractor in charge of carrying out the approved plan, and the owner and/or permittee at the site of the land disturbing activity. The responsible land disturber shall be present at the pre-- construction meeting. 0505:62927.1 5 (c) The environmental engineer shall conduct periodic inspections of land disturbing activity as required by Va. Code §10.1-566(A) and in accordance with 4VAC50 30-60. (d) The environmental engineer shall require the responsible land disturber to inspect the land disturbing activity on a regular basis and ensure compliance with the approved plan and/or any other measures deemed necessary. (e) The environmental engineer may require the responsible land disturber to maintain records of all inspections by the responsible land disturber and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. Any such records shall be made available to the environmental engineer for review. (f) The environmental engineer may require the responsible land disturber to ensure that applicable control materials have been delivered and/or installed prior to the issuance of a land disturbance permit. Sec. 8-6. Erosion and sediment control plans. (a) Applicants for land-disturbance permits shall submit to the environmental engineer an erosion and sediment control plan for review by the environmental engineer. The erosion and sediment control plan shall identify any Chesapeake Bay preservation areas and shall contain all other information required by the Virginia Erosion and Sediment Control Law, the Virginia Erosion and Sediment Control Regulations. and the Virginia Erosion and Sediment Control Handbook. (b) The environmental engineer shall either approve or disapprove an erosion and sediment control plan within 45 days after it is submitted. All approvals and disapprovals shall be in writing. When a plan is disapproved, the environmental engineer shall inform the applicant of the reasons for the disapproval and shall g~momt4g describe modifications to the plan that must be made in order for the plan to be approved. The environmental engineer shall grant written approval of the plan within 45 days of the plan's receipt if he determines that the plan meets the conservation standards. As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the owner shall certify that he will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter and of Va. Code §10.1-560, et seq. and shall provide the name of an individual holding a certificate of competence, as provided by Va. Code §10-1-561, who will be in charge of and responsible for carrying out the land disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land disturbing activities shall result in the application of the penalties provided in this chapter. (c) If the environmental engineer does not approve or disapprove an erosion and sediment control plan within 45 days after an applicant submits such a plan, the erosion and sediment control plan shall be approved. However, the applicant shall fulfill all of the other 0505:62927.1 6 requirements of section 8-4 before the environmental engineer issues a land-disturbance permit to the applicant. (d) The environmental engineer shall require all erosion and sediment control plans to comply with the conservation standards and specifications contained in the Virginia Erosion and Sediment Control Handbook before they are approved. In cases where a conflict exists between the Virginia Erosion and Sediment Control Regulations (4VAC50-30) and the Virginia Erosion and Sediment Control Handbook, the terms of the Regulations shall take precedence over the terms of the Handbook. (e) It shall be unlawful for any person to violate the provisions of an approved erosion and sediment control plan, or any other erosion and sediment control measures deemed necessary by the environmental engineer, as provided for in Va. Code §10.1-560 et. seq. 4VAC50-30-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook. Sec. 8-7. Modifications to an approved plan. .~...o.v..; .... ......'4 o~..........~,4:~-* ~.~....v.~"*~^~ v--..."~"" if An approved plan may be changed by the plan-approving, authority when: (a) ~ An inspection reveals that the plan is inadequate to control erosion and sedimentation and to satisfy applicable laws and/or regulations; or (b) ................ v ....... The responsible land disturber finds that because of changed circumstances or other reasons the approved plan fram being cannot b_x effectively/-mph~mot~t~ carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan- approving authority. Sec. 8-8. Responsibility for the erosion and sediment control plan. The owner shall be responsible for preparing, submitting and implementing the erosion and sediment control plan. The owner shall also be responsible for ..... :~,4 bi,' '-" ..... ; .... a ~,4;~.,- ,-..-...,~, _, .... .4 ~ ........ ; ...... ; .... ~ ~ediment *~';° -~'~-*~ the following: (a) Engaging the services of a responsible land disturber as defined in this chapter; 0505:62927.1 7 (b) Maintaining all measures required by the erosion and sediment control plan; (c) Removing erosion and sediment control measures after the environmental engineer determines that the land is stabilized; (d) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the environmental engineer; and (e) The restoration or repair of properties and/or waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer, in consultation with the Water Quality Administrator, or his designee. Sec. 8-9. Erosion and sediment control plans for land-disturbing activity in more than one jurisdiction. Persons who propose to engage in land-disturbing activity on land which extends into the jurisdiction of another locality and who have obtained approval of a conservation plan from the Virginia Di;'ir, ion Department of Conservation and Recreation, Division of Soil and Water Conservation shall notify the environmental engineer of the plan's approval. That approval shall fulfill the requirements of obtaining approval of an erosion and sediment control plan under this chapter, tr~Iov,~¥c,~4~ The person shall provide to the environmental engineer written documentation that such conservation plan has been approved by the Department of Conservation and Recreation. The person shall also obtain a land-disturbance permit from the environmental engineer before engaging in land-disturbing activity in the county. Sec. 8-10. Revocation of permit. (a) If the permit holder fails to comply with the erosion and sediment control plan or with the requirements of the land-disturbance permit, the environmental engineer shall give notice to the permit holder of the failure to comply and shall require the permit holder to comply within a specified period of time. The environmental engineer shall give notice in the manner that is described in section 8-15. The environmental engineer shall revoke the land- disturbance permit if the permit holder has not complied within the specified time period contained in the notice. (b) When the environmental engineer revokes a land-disturbance permit, no land- disturbing activity shall take place on the site, except for activity that is required by the environmental engineer to comply and which is directly related to compliance with the erosion and sediment control plan or the land-disturbance permit, as set forth in the notice of failure to comply. Sec. 8-11. Certification required. 0505:62927.1 8 (a) The county's environmental enginee~ shall at all times contain among its his staff one certified program administrator, at least one certified plan reviewer, and at least one certified project inspector. Any person who received a certificate of competence from the Virginia Soil and Water Conservation Board for plan review, project administration or program administration before the mandatory certification provisions of Code of Virginia, § 10.1-561. i(A), were adopted shall be deemed to be certified. (b) reviewer. inspector. All erosion and sediment control plans shall be approved by a certified plan All inspections of land-disturbing activity shall be conducted by a certified Sec. 8-12. Performance bond, cash escrow, or irrevocable letter of credit. (a) Applicants shall post a performance bond in favor of the county with an acceptable corporate surety, in an amount approved by the environmental engineer as sufficient to install the controls specified in the erosion and sediment control plan. The bond shall be conditioned on the faithful performance of the approved erosion and sediment control plan and shall indemnify and save harmless the county from any loss that results from the applicant's failure to comply with the requirements of this chapter. The form of the bond shall be approved by the county attorney. (b) In lieu of a performance bond, the applicant may submit to the environmental engineer a cash escrow or an irrevocable letter of credit which is approved as to form by the county attorney. The amount of the cash escrow or letter of credit shall be approved by the environmental engineer in the manner described in subsection (a). (c) The amount of the bond, cash escrow, or irrevocable letter of credit shall include an amount that is equal to ten percent of the installation cost to cover maintenance costs. (d) If the permit holder does not faithfully perform the approved erosion and sediment control plan "'~'~ ~ ..... ; ...... ~ ~;,~,~,. ..... ~ ........ ~....,4~ any other measures deemed necessmy by the environmental engineer, as provided for in Va. Code ~10.1-560, et. seq. 4VAC50-30-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook, the environmental engineer shall revoke the land disturbance pe~it prior to using any funds that are posted to implement any potion of the erosion and sediment control plan; or other measures deemed necessary by the environmental engineer. ~ The person who posted the bond, letter of credit or cash escrow shall increase the bond, letter of credit or cash escrow back to the original amount approved by the environmental engineer before the environmental engineer reissues the land disturbance pe~it to the pe~it hold ~o (e) Any person who engages in land-disturbing activity on land that has received minor site plan approval pursuant to chapter 19 of the Code of Chesterfield County shall be exempt from the requirements of this section, except that he must obtain a land disturbance permit. 0505:62927.1 9 (f) Within 60 days after all land-disturbing activity has been completed and the environmental engineer has determined that all land has been stabilized, any unexpended or unobligated funds that were posted or deposited with the environmental engineer pursuant to this section shall be released or refunded. For the purposes of this section, land-disturbing activity shall be considered to be complete when a certificate of occupancy has been issued or, in the case of a subdivision, when the board of supervisors has adopted a resolution requesting the state to accept the subdivision roads into the state highway system. Sec. 8-13. Fees. (a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: (i) For an erosion and sediment control plan for land which is 10,000 square feet or larger and not located in a proposed subdivision: $1,060.00, plus $50.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land which is 10,000 square feet or larger and located in a proposed subdivision: $1,060.00, plus $50.00 for each lot. (iii) For an erosion and sediment control plan for land which is less than 10,000 square feet and is not to be used for a single-family residence: $100.00. (iv) For any building permit application or erosion and sediment control plan c~.~ ,n~ wh~ ~. ~ ,~ ,h,., ~n cu¥~ ....... c~ ~.,a that is to be used for a single-family residence, separately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $40.00. (v) For resubmission of all or part of an erosion and sediment control plan for a subdivision or a residential development for which plan approval has previously been granted, there shall be a fee of $1,000.00 unless the resubmittal was requested by or on behalf of the County. (b) No program administration fee shall be required for an erosion and sediment control plan for land-disturbing activity that takes place in conjunction with a land use for which a minor site plan has been approved in accordance with the zoning ordinance. (c) If a land-disturbance permit is revoked, the applicant shall pay an administrative fee in an amount equal to one-half of the original program administration fee when the applicant applies to have the land-disturbance permit reissued. 0505:62927.1 10 (d) No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in this section. This exemption shall continue for the life of the enterprise zone. Sec. 8-14. Approval required for certain existing conditions. (a) It shall be unlawful for any owner of land in an erosion impact area to willfully permit erosion and sedimentation of his land to cause reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. (b) When the environmental engineer determines that erosion and sedimentation is occurring in an erosion impact area, he shall give notice of the erosion and sedimentation to the land owner in writing at the address for the owner contained in the real estate assessor's records, and require the owner to obtain a land-disturbance permit for the purpose of engaging in land-disturbing activity to control the erosion and sedimentation. If the owner fails or refuses to obtain a land-disturbance permit within five days after the notice is mailed, or if the owner fails or refuses to install or maintain the erosion and sediment controls required by the approved erosion and sediment control plan after the land-disturbance permit is issued and within five days after the environmental engineer has given him written notice of such failure or refusal, the owner shall be in violation of this chapter. The environmental engineer may extend the five-day period if the owner demonstrates good cause for an extension. (c) In order to prevent further erosion, the Department of Environmental Engineering may designate any land within the County as an erosion impact area. Sec. 8-15. Noncompliance with this chapter. (a) If the environmental engineer determines that the permit holder has not complied with this chapter, the erosion and sediment control plan or the land-disturbance permit, the environmental engineer shall serve a notice to comply on the permit holder by: (1) Delivering the notice to the permit holder; (2) Mailing the notice by registered or certified mail, to the address which the permit holder specified for receiving notices in the land-disturbance permit application; or (3) Delivering the notice to the agent, contractor~ o~ employee of the permit .................~.o .......J .o e ......... , or e res ons e l~ disturber. (b) The notice shall state the section of this chapter that has been violated and shall describe the measures that the permit holder must take to comply with this chapter. The notice shall also specify the date by which the permit holder shall comply with this chapter. If the 0505:62927.1 11 u.Ac ,~,;o~..~ v-.-v~,~-'~'"~*~". Failure to comply within the time specified in the notice shall constitute a violation of this chapter and the permit holder shall be subject to land disturbance permit revocation and the penalties provided in this chapter. (c) If the permittee has not complied with this chapter within the time specified in the notice, then, in addition to the other actions permitted by this chapter, the environmental engineer may take emer-gem3y measures to install ground cover or other temporary erosion and sediment control ........... o~n~.;~;~.~, devices in ~'~ · ...... ~.4 ..... ~ .... .~ ~.~.., ......~..,.~ ......... that are deemed necessary by the environmental engineer. The environmental engineer shall document all costs of any ~ measures and shall notify the hamt-ov, m~ landowner, in writing, that the cost shall be a charge against the bond, letter of credit or cash escrow that is posted pursuant to this chapter. ~.,...,.~:. If the environmental engineer notifies the County Administrator of a substantial violation of this chapter, the County Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order in accordance with Va. Code § 10.1-566(C) requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been undertaken. In issuing such stop work order, the land disturbance permit shall be revoked and, where applicable, all other county permits and inspections shall be suspended. The stop work order shall also apply to sewer and water line construction. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county attorney or permit holder for appropriate relief to the Circuit Court of Chesterfield County. (e) If land disturbing activities commenced prior to the issuance of a land disturbance permit are causing, or are in imminent danger of causing, harmful erosion of lands or sediment deposition in waters within the watersheds of the state, the environmental engineer may take measures subsequent to a stop work order as provided in this chapter, to install any groundcover or other temporary erosion and sediment control devices deemed necessary. The environmental engineer shall document all costs of such measures and shall notify the landowner in writing of such costs. The landowner shall reimburse the County for such costs prior to the issuance of a land disturbance permit. (f) Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan and/or land disturbance permit, a stop work order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with the notice to comply. 0505:62927.1 12 (g) Where the identified non-compliance has caused significant erosion of lands and sediment deposition in waters within watersheds of the County, or has adversely affected downstream properties, the environmental engineer shall hold the permit holder responsible for any restoration measures deemed necessary. (h) If land disturbing activities have commenced without a land disturbance permit, the environmental engineer shall issue a notice of permit requirement and a stop work order for the immediate cessation all of land-disturbing activities. The issuance of such a stop work order shall also operate to suspend all other applicable county permits and inspections. In addition, civil penalties may be imposed in accordance with this chapter. 000 Sec. 8-17. Penalty for violation of chapter. (a) A civil penalty in the amount listed on the schedule below shall be assessed for a violation of each of the following offenses: (i) Commencement of land disturbing activity prior to the issuance of a land disturbance permit as provided in Section 8-2(a) shall be a fine of $1,000. (ii) Vegetative Measures: failure to comply with Minimum Standards 1,2,3 and 5 shall be a fine of $100. (iii) Structural Measures: failure to comply with Minimum Standards 4, 6, 10, 11, 15, and 17 shall be a fine of $100. (iv) Watercourse Measurers: failure to comply with Minimum Standards 12, 13 and 15 shall be a fine of $100. (v) Slope Stabilization/Protective Measures: failure to comply with Minimum Standards 7, 8 and 9 shall be a fine of $100. 0505:62927.1 13 (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) Underground Utility Measures: failure to comply with Minimum Standard 16(a), (b), (c), and/or (d) shall be a fine of $100. Erosion Control Standards and Specifications: failure to comply with any Standards and Specifications contained in Chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook shall be a fine of $100. Dust Control: failure to comply with the Standard and Specification 3.39 relating to dust control shall be a fine of $100. Failure of the person responsible for carrying out the plan to provide the name of an individual holding a certificate of competence, as provided by Va. Code §10.1-563, who will be in charge of and responsible for carrying out the land-disturbing activity shall be a fine of $100. Certified Responsible Land Disturber: failure of the certified responsible land disturber to fulfill any responsibilities provided for in this chapter shall be a fine of $100. Failure to obey a stop work order shall be a fine of $100. Failure to stop work when a permit is revoked shall be a fine of $100. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land-disturbing activities without a Land Disturbance Permit for any site shall not result in civil penalties which exceed a total of $10,000. The assessment of civil penalties according to this schedule shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer and shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. (xiv) Any civil penalties assessed in accordance with subsection (b) of this section shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County. (b) The environmental engineer shall prepare an Erosion and Sediment Control Civil Violation Summons for use in enforcing the provisions of this chapter. Such Notice shall contain the following information: 0505:62927.1 14 (i) The name and address of the person charged. (ii) The nature of the violation and Minimum Standards and Specifications that are not being met. (iii) The location and dates that the violation occurred or was observed. (iv) The amount of the civil penalty established for the violation. Cv) The manner, location, and time that the civil penalty may be paid to the County. (vi) A statement that it is the right of the recipient of the Notice to elect to stand trial for the infraction and the date of such trial. (c) The environmental engineer or his designee shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the Civil Violation Summons, in lieu of the notice to comply provided for in Section 8-15 of this chapter. The Notice of Civil Violation shall be served in the same manner described in Section 8-15 of this chapter. (d) Should a Civil Violation Summons be issued as provided in this chapter, it shall provide that any person issued the Summons may, within five (5) days of receipt of the Summons or, within ten (10) days from the date of mailing of the Summons, elect to pay the civil penalty by making an appearance in person or by certified mail to the Chesterfield County Treasurer's Office and, by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose (e) If a person charged with a Civil Violation Summons does not elect to enter a waiver of trial and admit liability, the environmental engineer shall cause the Sheriff's Department to serve the summons on the owner or permittee. (f) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed herein, shall result in the immediate issuance of a stop work order and the revocation of the permit. (c) .(g) The environmental engineer may apply to the circuit court of the county to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there is no adequate remedy at law. ra~t,.,~ (h) Any person who violates any provision of this chapter may be civilly liable to the county for damages incurred by the county that result from the violation. 0505:62927.1 15 (-e-) (i) If a person who has violated any condition of a land-disturbance permit and the environmental engineer agree, the environmental engineer may issue an order to the person to pay a specific civil fine not to exceed $2,000.00 for a violation. Such civil fine shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer. The fine shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County. If such a civil fine is imposed, no civil penalty may be imposed pursuant to subsection (a). (4) .(j) The county attorney shall take legal action to enforce the provisions of this chapter when the environmental engineer requests him to do so and when there is probable cause to believe that a violation has occurred. (k) Without limiting the remedies which may be obtained in this section any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, at the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties assessed by a court shall be paid into the treasury of the County and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the County, except where the violator is the County itself, or its agency, the court shall direct the penalty to be paid in the state treasury of the state. (2) That this ordinance shall become effective immediately upon adoption. 0505:62927.1 16 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.4. Subiect: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Bermuda: Cobbs Point, Section 1; a portion of Montclair, Section 1; a portion of Southcreek, Section 6 Clover Hill: Whitestone, Section 4 Matoaca: Carters Mill, Section 6 Glen Ridge, Section 1 Midlothian: Bon Air Villas, Section 1 Willesden at Stonehenge, Section 2 Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes -]No O000SS ~&l~: ~I~ ~ ~ - COl:ll~ l~, SEC. ! ~ ~ po~o~ of DI~TI~ICT: 9EI~A {X}II~ FOiler WAY V'~lni~ ~ GOItlI8 POll~, ~ !: a porlion of 0000S9 $UllJ]i:tJT: $'~ ~ A~u~lm~ - ~ AT 8(Y0'ri-l]lllNl), ~ 1; a po~on of IW~,TltICT: l~O DATlt: V'g~lnity Map:. ~ AT ~, ~.... 1: a portion of OOOO90 {]~{TItlCT:. ImE{tM'OT}A MEETING DA'ri{: 17 8,m~n,d~,n' 2003 IIOAD~ IW3R OOO091 0O0092 000093 DISTRICT: MATOACA MEETING DArn: 17 ~ 2003 ROADS FOR ~ERATION: r 000094 ~R WAY RD 000095 lkiBE']'lNO DATI~: 17 ~{w~nd~n' 2003 FA~ Cnt 000096 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subject: September 17, 2003 Item Number: 8.C.5.a. Award a Contract for the Construction of the Courthouse Road Fire Station Number 20 to Viking Enterprise, Incorporated in the Amount of $2,430,000 County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County to execute a contract with Viking Enterprise, Inc. in the amount of $2,430,000 for the construction of Courthouse Road Fire Station Number 20. Summary of Information: Viking Enterprise, Inc. submitted the low bid out of six for construction of Courthouse Road Fire Station Number 20. This station will be a two-bay facility of approximately 12,000 square feet located at 201 Courthouse Road near the entrance to the Smoketree neighborhood and is the last of four stations approved in the 1996 bond referendum. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: [-~ Yes No l#O0tltJ~? j CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: September 17, 2003 Bud.qet and Mana.qement Comments: This item requests the Board to award a contract to Viking Enterprise, Inc. in the amount of $2,430,000 for construction of the Courthouse Road Fire Station Number 20. Sufficient funds are available in the capital project for the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000098 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.5.b. Subiect: Award of the Construction Contract County Project #01-0202 Midlothian Turnpike Waterline, Phase 2 County Administrator's Comments: County Administrator: Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Casper Colosimo & Son in the amount of $2,313,004.00 and authorize The County Administrator to execute the necessary documents. Summary of Information: The project consists of replacement of approximately 7500 L.F. of 16" waterline with 36-inch and 30-inch waterline and all associated appurtenances in Midlothian Turnpike as shown on the attached map. The new system will provide improved fire protection and reliability. These improvements are part of the department's Facilities Plan. Staff received five (5) bids ranging from $2,313,004.00 to $3,340,769.32. The County's engineering consultant Austin Brockenbrough & Associates evaluated the bids and recommends award of the contract to Casper Colosimo & Son in the amount of $2,313,004. Funds for this project are available in the current CIP. District: Midlothian Preparer: Craig S. Bryant Title: Director of Utilities Attachments: Yes ~ No O00099 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Bud.qet and Management Comments: This item requests that the Board award a construction contract to Casper Colosimo & Son in the amount of $2,313,004 to replace approximately 7,500 linear feet of water line in Midlothian Turnpike. Funds are available in the capital project budget #01-0202 for the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000~.00 CREEK O00~tO~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.5.c. Subject: Award of the Construction Contract County Project #97-0128E Enon Pumping Station and Storage Tank Facility to Mid Eastern Builders, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Mid Eastern Builders, Inc. in the amount of $3,283,000, authorize an appropriation of $400,000 from water fund balance and authorize The County Administrator to execute the necessary documents. Summary of Information: This facility is a new water pumping station and storage tank that will provide service to Enon pressure zone. Staff received four (4) bids ranging from $3,283,000 to $3,784,000. The County's engineering consultant R. Stuart Royer & Associates evaluated the bids and recommends award of the contract to the low bidder, Mid Eastern Builders, Inc. in the amount of $3,283,000. The low bid exceeds our appropriation for construction. Staff requests an additional $400,000 be appropriated from water fund balance to this project. Funds for this project are available in the current CIP. District: Bermuda Preparer: Craig S. Bryant Title: Director of Utilities Attachments: -~ Yes No 000~02 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests that the Board award a construction contract to Mid Eastern Builders, Inc. in the amount of $3,283,000 to build a new water pumping station and storage tank that will provide service to the Enon area. The item also requests that $400,000 be transferred from the water fund balance. Once the transfer is complete, sufficient funds will be available for the contract. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000~.03 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.6. Subject: Refer to Planning Commission the Zoning Ordinance Amendment Relative to Signs on Parked Vehicles County Administrator's Comments: County Administrator: Board Action Requested: Refer the attached zoning ordinance amendment to the Planning Commission for public hearing and recommendation. Summary of Information: Mrs. Humphrey is requesting an amendment to the zoning ordinance that would eliminate all current restrictions on the parking of vehicles that function as portable signs. The zoning ordinance currently permits stationary motor vehicles or trailers, used primarily for the purpose of and serving the function of a portable sign, to be parked on commercial properties as long as the vehicle is parked to the side or rear of a commercial building and is not visible from adjacent public roads or is loading or unloading. More flexibility is available for vehicles with small signs. The zoning ordinance has restricted this type sign since the 1980's when these vehicles were considered portable signs and were prohibited. In the 1990's, this type sign began to be permitted, but only so long as the vehicle was parked in the driveway of the operator's residence, was loading or unloading or was parked to the side or rear of a commercial building and is not visible from adjacent public roads. Vehicles are allowed to park in other locations if the sign is approximately the size of a bumper sticker. Preparer: Thomas E. Jacobson Attachments: Yes Title: Director of Planninq C: DATA/AG E N DA/2003/S EPT17.1 GOK 000104 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Some business owners are unaware of the current restrictions and use vehicles as portable signs. Through complaints and our active enforcement program, Staff works with business owners who have these type portable signs every month. After understanding the regulations, the vehicles are typically moved to comply with the ordinance. Staff received a complaint about a vehicle that violates the ordinance and, since the vehicle has not been moved to comply with the current regulations, issued a notice of violation to the owner. The owner has appealed this notice to the County's Board of Zoning Appeals who will consider the matter at their regular meeting on November 5, 2003. The attached zoning ordinance amendment would remove all restrictions on using parked vehicles for portable signs. If this amendment is approved, there will be no restrictions on the size, number or location of vehicles being used primarily as signs. If the Board wishes to establish any restrictions on this type sign, section 19-637 of the zoning ordinance will also need to be amended. 000 .05 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-632 AND 19-634 RELATING TO SIGNS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-632 and 19-634 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: DIVISION 4. SIGNS Sec. 19-632. Definitions. OOO 000 Outdoor advertising sign: A sign or structure used as an outdoor display for the purpose of making anything known, when the matter advertised or displayed is not related to the premises where such sign is located. Outdoor advertising signs do not include offsite directional, yard sale: o~ real estate signs or signs on parked vehicles. 000 Sec. 19-634. Prohibited signs. (a) Signs or sign structures that obstruct any opening intended to provide light, air or ingress and egress for any building. (b) Signs that are structurally unsafe. (c) Signs that by reason of position, shape or color, interfere with, obstruct the view of, or cause confusion with any authorized traffic sign, signal or device. (d) Signs which include lighting that impairs the vision of any motor vehicle operator; obstructs firefighting or police surveillance; or causes any direct glare into or upon any property other than the property on which the sign is located. (e) (f) (g) Portable signs unless specifically permitted elsewhere in this chapter. Signs placed on utility poles or traffic control signs. Sound-producing signs. 1923:62822.1 Revised 09/05/03 10:23 AM 000106 (h) Moving signs intended to attract attention regardless of whether or not the sign has a written message or whether all or any part of it moves by any means, including but not limited to rotating, fluttering or being set in motion by movement of the atmosphere. This paragraph does not apply to the hands of a clock operating as such, or to computer controlled variable message electronic signs. However, within village districts, the director of planning may approve such signs for a period not to exceed two days for special community events if notified at least five business days in advance in writing. (i) Signs displaying flashing or intermittent lights, or lights of changing degrees of intensity, except as allowed for computer controlled variable message electronic signs. ~ (-1-) Freestanding signs constructed so that a portion of the sign or its supports overhangs any portion of a building. ~ (m) Canopies or awnings that are internally lighted and covered with a translucent material, regardless of whether sign copy is displayed on them. (1) (-a-) Outdoor advertising signs. (2) That this ordinance shall become effective immediately upon adoption. 1923:62822.1 Revised 09/05/03 10:23 AM 000107 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: September 17, 2003 Item Number: 8.C.7.a. Subiect: Acceptance of a Parcel of Land for Midlothian Wood Boulevard from Tascon-Midlothian Woods, LLC County Administrator's Comments: /'~<.~,~.-,.,z,~,~ /'~ ~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 1.4811 acres from Tascon-Midlothian Woods, LLC, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 1.4811 acres for Midlothian Wood Boulevard. This dedication is for the development of Midlothian Wood Condominiums. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes No # o00:1.08 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR MIDLOTHIAN WOOD BOULEVARD FROM TASCON-MIDLOTHIAN WOODS, LLC ~ TOWF_R ue~.eo Chestarlldd County Department of I, rdliiia Right Of Way Office 000109 L 137.76' 00011 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.b. Subiect: Acceptance of a Parcel of Land for Manders Drive from BB Hunt, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 3.219 acres from BB Hunt, L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 3.219 acres for Manders Drive as shown on the attached plat. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes ]No # 000:1.~.~. VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND FOR MANDERS DRIVE FROM BB HUNT, L.L.C. N 000~.~2 ,1I 00, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.c. Subject: Acceptance of a Parcel of Land Adjacent to the East Right of Way Line of Charter Colony Parkway from Bristol Park at Charter Colony L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.015 acres from Bristol Park at Charter Colony L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.015 acres adjacent to the east right of way line of Charter Colony Parkway (State Route 950). This dedication is for the development of Manders Drive at Charter Colony. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Riqht of Way Manager Attachments: Ycs -]No 000'1'14 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO THE EAST RIGHT OF WAY LINE OF CHARTER COLONY PARKWAY FROM BRISTOL PARK AT CHARTER COLONY LLC N CheM]Mis~ County Depadment of UUIIUe~ Right Of Way Office - ' 0003.3.5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.d. Subiect: Acceptance of Parcels of Land Along the North Right of Way Line of Hull Street Road from Goode Land Hull Street, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of parcels of land containing a total of 0.2906 acres along the north right of way line of Hull Street Road (US Route 360) from Goode Land Hull Street, L.L.C., and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of these parcels conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Yes [--~ No VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM GOODE LAND HULL STREET LLC Che~'blrfleld ,Couflt~' Deperbllent of UUliU8~ RJgll~ Of W~ MANOR GATE R~IUBDMffiON p.li, 8~ PGS. ?9 & 80 GPIN 718-672-6740 ~ O~-rO ~r . 'i.~ O'F-- I ~ ~ oOO'Z il . ~'~-,i I ~,=_~ ~.! ~ lZ'~l~: ~1 ~ ~a ~ ~ ~ SE~ION 1 DB 4680 PG l0 I I 0001:9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.e. Subiect: Acceptance of a Parcel of Land Along the North Right of Way Line of Hull Street Road from Hull Street Self Storage, LLC County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.0360 acres along the north right of way line of Hull Street Road (US Route 360) from Hull Street Self Storage, LLC, and authorize the County Administrator to execute the deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs --]No 000:1.;~0 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE NORTH RIGHT OF WAY LINE OF HULL STREET ROAD FROM HULL STREET SELF STORAGE, LLC N County Departrrmnt of Utilr~ Right Of Way Omoe ·l' 0 P.B. 80 pGS. 70 & ,80 ' t. C3,T '91 BICXARI) & 81'IE3U~ GR~Y DB 3660 PO OPi,q 718-67~-6740 L.OT 8 \ 11,0 L.O'I' ? L.O'T' ~ W, ,k LISA MILLER 719-672-1236 4145 PO 69 ST~'~O'[ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.f. Subiect: Acceptance of a Parcel of Land Adjacent to the West Right of Way Line of Ironbridge Road from Shoosmith Brothers, Incorporated County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.020 acres from Shoosmith Brothers, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.020 acres adjacent to the west right of way line of Ironbridge Road (State Route 10). This dedication is for the development of Ecopower, LLC. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs -]No 000i23 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO THE WEST RIGHT OF WAY LINE OF IRONBRIDGE ROAD FROM SHOOSMITH BROS., INC. COURT YARD RD LM~'tU. DR N County Dii, pel'e~nt d' I,~111~ R~ght Of Way Oflioe 0002;84 CURVEI ARC CHORD BEARING · 109,84' N26'13'20"WJ E'XIST. 10' DEDICATION ~ , D.B.2221, PG.1484-'~ 7736-54-979400000 FLINCHUM ENTERPRISES LTD 11500 IRON BRIDGE RD D.B.2168, PG.936 N 385 E tt774343.8858 RADIUS DELTA 1 '36'32" 1 '37'20' 3887.72' 3879.72' NAD 83 \ \ STATE PLA~E \ SOUTH ZONE~\~\ \ EXIST. 16'~"~\ SE~R EASEMEN; CO. $~ ~, 04PRO102 EXIST. ~6 SE~R EASEMENT D.B.2663, PG. 696 IUNE I CHORD 109.17' 109.83' TANGENT 54.59' BEARING N42'47'34'E S46'50'52"W DISTANCE 8.61' 8.3Yl PROPERTY UNE COMPILED 7736-48-061800000 SHOOSMITH BROS INC 11901 LE~S RD D.B.573, PG.551 D.B.860,PG. 14 \ \ \ N 365491 , ~ E~ 11774392. t942 \\ h \ ' \ X \\ / · '\ ~X\ /SHOOSMITH \ ~ BROS NC \'~ '7756-48-061800000 PLAT OF A 0.020 ACRE PARCEL TO BE DEDICATED TO CHESTERFIELD COUNTY ACROSS PARCEL 7756-48-061800000~ BERMUDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA DATE: 8/25/03 SCALE: 1" - 30' -P.~ 202018.07 30 0 15 30 60 t20 (IN FEET) t" - 30' RESOURCE INTERNATIONAL, LTD. ENGINEERS ° SCIENTISTS o SURVEYORS ° PLANNERS ~.~. ~ox ezso e 9580 KINGS CHARTER DRIVE e ASllZAND, VA ~S~O§ (so4)550-9~30 * (ao4)550-9~00 * r~x (so4)550-9259 00( RWPLAT202018.07.PRO i25 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: September 17, 2003 Item Number: 8.C.7.g. Subject: Acceptance of Parcels of Land for the Extension of Waterford Lake Drive from Idlewood Properties, Incorporated County Administrator's Comments: County Administrator: t~'~C-6n~~~ BoardAction Reques~d: Accept the conveyance of two parcels of land containing a total of 3.746 acres from Idlewood Properties, Inc., and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of two parcels of land containing a total of 3.746 acres for the extension of Waterford Lake Drive. This dedication is for the development of the Virginia Credit Union - Operations Center. Approval is recommended. District: Clover Hill Preparer: John W. Harmon Title: Right of Way Manager Attachments: No 0001;~6 VICINITY SKETCH ACCEPTANCE OF PARCELS OF LAND FOR THE EXTENSION OF WATERFORD LAKE DRIVE FROM IDLEWOOD PROPERTIES, INC. pOWH~'E W N A'F~,FORD WY County Depedment of Utilities Right Of Way Office 000127 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.8. Subiect: Request Permission for a Proposed Screened Porch to Encroach Within a Ten-Foot Easement Across Lot 43, Cobb's Point Subdivision County Administrator's Comments: County Administrator: BoardAction Requested: Grant Janice L. Dale, permission for a proposed screened porch to encroach within a 10' easement across Lot 43, Cobb's Point Subdivision, subject to the execution of a license agreement. Summary of Information: Janice L. Dale has requested permission for a proposed screened porch to encroach within a 10' easement across Lot 43, Cobb's Point Subdivision. This request has been reviewed by staff and approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manager Attachments: Ycs --] No 000'129 VICINITY SKETCH REQUEST PERMISSION FOR A PROPOSED SCREENED PORCH TO ENCROACH WITHIN A 10' EASEMENT ACROSS LOT 43, COBBS POINT SUBDIVISION ~TAT~ AV Chesterfield County Department of Utilities Right Of Way Office 000~.30 ~ANICE L. DALF_. 721 COBBS POINT LANE DB. 4604 PO. 185" . (PHYS.r. CAL SURVEY) PIN #-81964325720(XXX) PLAT SHOWING .r~fPROVE~ENT& ON LOT 43, PLAN.OF 'C08B :S PO.tNT''. £N .THE 8ERHUOA- DISTRICT OF .CHESTERF[ELO COEI~TY, VIRGINIA JULY '~, CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.9. Subiect: Changes in Secondary System of State Highways; 1-95/Walthall Interchange County Administrator's Comments: County Administrator: Board Action Requested: Staff requests that the Board of Supervisors adopt the attached resolution for changes in the Secondary System of State Highways. Summary of Information: Staff has received the attached sketch from the Virginia Department of Transportation showing changes in the Secondary System of State Highways as a result of the reconstruction of the 1-95/Walthall Interchange. Approval is recommended. District: Bermuda Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs --]No ~)00~.32 Chesterfield County Department of Utilllles RJght Of Way Office 000~.33 [ IiI ~.~._~'-~ ~. 000~.34 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held in the Public Meeting Room at the Chesterfield Administration Building on September 17, 2003, at 3:30 p.m. RESOLUTION WHEREAS, the Virginia Department of Transportation has provided the Board of Supervisors with a sketch dated April 16, 2002, depicting the abandonments, additions and renumbering required in the secondary system of state highways as a result of Project 7095-020-F08, C-501 which sketch is hereby incorporated herein by reference; and, WHEREAS, new roads serve the same citizens as those portions of old roads identified to be abandoned and those segments no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby abandon as a part of the secondary system of state highways those portions of roads identified by the sketch to be abandoned, pursuant to Section 33.1-155, Code of Virginia, 1950, as amended; and, BE IT FURTHER RESOLVED, the Board of Supervisors requests the Virginia Department of Transportation to add to the secondary system of state highways those portions of roads identified by the sketch to be added, pursuant to Section 33.1-229, Code of Virginia, 1950, as amended; and, BE IT FURTHER RESOLVED, the Board of Supervisors requests the Virginia Department of Transportation to renumber those portions of roads identified by the sketch to be renumbered; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation; and, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portions of roads hereby abandoned are no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Virginia, 1950, as amended. Certified By: Lisa Elko Clerk to the Board of Supervisors 000 35 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.10. Subject: Approval of the Purchase of Parcels of Land Adjacent to Ironbridge Park County Administrator's Comments: County Administrator: Board Action Requested: Approve the purchase of two parcels of land containing 0.17 acres, for $1,700.00, from Cedar Hill, L.L.C. adjacent to Ironbridge Park and authorize the County Administrator to execute the contract and deed. Summary of Information: Staff requests that the Board of Supervisors approve the purchase of the parcels of land containing 0.17 acres, north of Windingrun Lane and west of Salem Church Road for $1,700.00, from Cedar Hill, L.L.C. Funds for the purchase and associated closing costs are available in the Bailey Bridge Force Main Project. Approval is recommended. District: Dale Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: [No # 000~.36 VICINITY SKETCH Approval of the Purchase of Two Parcels of Land for the Expansion of Ironbridge Park. DP-, Chesterfield County D~p~rtm~nt of Utilities Right Of Way Office NOTE: BEARING BASED ON THE ViROINIA STATE .PLANE COORDINATE SYSTEM, SOUTH ZONE NAD83 CEDAR HILL L.L.C. D.B. 2313, PG. 473 8402 WlNDINGRUN LANE TAX ID: 776-671-9866-00000. ,=3,671,485.42-~ \ .~.~'. E:11,777,595.40 '"",/ ~_~ ~ ~.~-//'~.x,''7 ~ / ~50' PERMANENT SE~R EASEMENT ~/~ TO BE ACQUIRED / COUN~ OF CHES~RFIELD / / CED~ Hm~ LLC. D. B. 1565, PG. 730 D.B. 2~13, PG. 473 ~:~ 8400 IMNDINORUN LANE 6400 WHITEPINE ROAD · TAX ID 777 671 1902 00000 TAX ID 774-670-5199-00000 : - - - 655.46' S27'31'¢2"W TO THE ~\ ~ INTERSECllON OF WINDINGRUN LANE & RETRIEVER ROAD. : ' N:3,671,24-3.36 j ~ "' E:11,777,640.21 Si'UART N. &: LORETrA J. REYNOLDS D.B. 1875, PG. 1110 5524 RETRIEVER ROAD TAX ID 777-670-0190-00000 TOTAL PROPOSED: ACQUISITION: 1,574 SQ. FT. = 0.04 ACRES' PLAY' SHOFINO LAND TO BE ACQUIRED CRO$$IN~ THE LAND NOF BELON~IN~ Y'O CEDAR HILL L.L.¢. DALE DISTRICT, CHESTERFIELD COUNTY, VIROINIA SCALE 50 0 50 100 DATE: JULY 16, 2003 R. STUART .ROYER' & ASSOCIATES, INC. CONSULTING ENGINEERS AND SURVb.-'YORS RICHMOND, VIRGINIA CO. PROJECT NO. 01-0204 R.S.R PROJECT NO. J~ PLAT 4 00135 NOTE: BEARING BASED ON THE VIRGINIA STATE PLANE ~ \ COORDINATE SYSTEM, SOUTH ZONE NAD83 ~'-~' ~': · Ae /'- N=3,671,845.78E_11 777 528 68 ' EXISTING VIRGINIA POWER EASEMENT -x / -...., '~, ~ j~ - ' ' ' D.B. 303, PG. 547 ~ / -.. , --.-- .,,-EXISTING SEWER EASEMEN ~ '.~ '-v.. ~ D,B. 1774, PG. 1995 .~ - WIDTH PERMANENT SEWER EASEMENT TO BE ACQUIRED COUNTY OF CHESTERFIELD D. B. 1565, PG. 7,:30 6400 WHITEPINE ROAD TAX ID 774-670-5199-00000 50 0 . DATE: JULY 16, 2003 CEDAR HILL LLC. D.B. 2313, PG. 473 8402 WINDINGRUN LANE TAX ID: 776-671-9866-00000 E=11,777,595:40 ~ 798.85' S26'57'37"W TO THE~\ CEDAR HILL LL.C. INTERSECTION OF WINDINGRUN \ D.B. 2313, PG. 473 LANE & RETRIEVER ROAD, \ 8400 WINDINGRUN LANE \ TAX ID: 777-671-1902-00000 TOTAL PROPOSED ACOUISITION: 5~'517 SQ. FT. =0.13 ACRES. PI, AT SHOFING LAND TO BE ACQUIRED CROSSING THE LAND NOF BELONGING TO CEDAR HILL L.L.C. DALE DISTRICT, CHESTERFIELD COUNTY, VIRGINIA SCALE ~ g. STUA,RT gOYgg & ASBOClATgS, INC. CONSULTING ENGINEERS ,a2ID SURVEYORS 50 100 RICHMOND, VIRGINIA 0 CO. PROJECT NO. 0].-0204 R.S.R PROJECT NO..~ PLAT 5 ~0139 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.11.a. Subject: Authorization to Exercise Eminent Domain for the Acquisition of Easements for the Midlothian Turnpike Waterline Phase 2 County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virqinia, and instruct the County Administrator to notify the owner by certified mail on September 19, 2003, of the County's intention to take possession of the easements. Summary of Information: On August 14, 2003, an offer of $35,670.88 was made by the Right of Way Office to Realty Income Corporation, PIN 740708785400000 for the purchase of a variable width permanent water easement and two (2) variable width temporary construction easements for the Midlothian Turnpike Waterline Phase 2. Since the owner has not accepted the offer, and since the contract for the installation of the water facilities is being awarded today, it is necessary to proceed with eminent domain immediately for the health and safety of the public. Staff will continue to negotiate with the owner in an effort to reach a settlement. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manager Attachments: -]No ~00140 VICINITY SKETCH AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF EASEMENTS FOR THE MIDLOTHIAN WATERLINE PHASE 2 N 000~.4:1. Iii '"' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.11.b. Subiect: Authorization to Exercise Eminent Domain for the Acquisition of an Easement for the Midlothian Turnpike Waterline Phase 2 County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Attorney to proceed with eminent domain and exercise immediate right of entry pursuant to Sections 15.2-1904 and 1905 of the Code of Virqinia, and instruct the County Administrator to notify the owner by certified mail on September 19, 2003, of the County's intention to take possession of the easement. Summary of Information: On August 14, 2003, an offer of $8,568.00 was made by the Right of Way Office to W. Harold Talley I, L.L.C., PIN 737708721000000 for the purchase of a variable width permanent water easement for the Midlothian Turnpike Waterline Phase 2. Since the owner has not accepted the offer, and since the contract for the installation of the water facilities is being awarded today, it is necessary to proceed with eminent domain immediately for the health and safety of the public. Staff will continue to negotiate with the owner in an effort to reach a settlement. District: Midlothian Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: Ycs ----]No #000~43 VICINITY SKETCH AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE ACQUISITION OF AN EASEMENT FOR THE MIDLOTHIAN TURNPIKE WATERLINE PHASE 2 TK N RIDht Of W~ Ofllm oooa.44 ~ ~iJ ~ o ~ ' ~I~ ' r' ~ I ~! I ~ ' . ~ ~ ~-.-- ~ ~m~> ~ T ~ i~ ~ ~ ~l w ~ I ~l I ~ J ~ 0~ ~ II J I 0 ~ ~, ~I l < . ~ : I/ ~ o~:~::, I / . ]'~ ~[ i I 1 ~ SO · ~1 ' C O' '°/7 un ~ ~ J~ ~m - ~ ~ O~g0 Urnpi ~ ~ I . ~ ~,~ooo ~ 00:145 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: %'.~. Subject: Authorization for T-Mobile to Apply for Conditional Use for Construction of a Communications Tower at Ettrick Park County Administrator's Comments: A¢.~~ County Administrator: Board Action Requested: Authorize T-Mobile to apply for conditional use for a communications tower to be constructed at Ettrick Park. Summary of Information' Staff has received a request from T-Mobile to construct a communications tower at Ettrick Park. If conditional use is approved, the leasing of the property will require approval by the Board at a Public Hearing. District: Matoaca Preparer: John W. Harmon Title: Right of Way Manaqer Attachments: J--]No ETTRICK PARK 20621 Woodpecker Road 25 Acres Petersburg, Va. 23803 Shelter Reservation: 751-4696 Program RegistralJon: 748-1623 Field Reservations: 751-4199 Park Maintenance: 530-2459 www. co ,chesterfield .va. us ~ Picnic Shelter ~ Picnic Area I~ Restroom 0 Playground Building 4&5 Magisterial District- Matoaca Maintenance District I GIP No. 740717275700000 Courts Shelter 1 ! Date 6/28/00 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.13.a. Subject: Request to Quitclaim a Portion of a Variable Width Virginia Department of Transportation Slope and Drainage Easement Across the Property of Tomac Corporation County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and County Administrator to execute a quitclaim deed to vacate a portion of a variable width VDOT slope and drainage easement across the property of Tomac Corporation. Summary of Information: Balzer and Associates, Inc. has requested the quitclaim of a portion of a variable width VDOT slope and drainage easement across the property of Tomac Corporation as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Midlothian Preparer: John W. Harmon Title: Ri,qht of Way Manaqer Attachments: Ycs ---]No # 000:1.48 ] VICINITY SKETCH REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH VDOT SLOPE AND DRAINAGE EASEMENT ACROSS THE PROPERTY OF TOMAC CORPORATION Chesterfield County Deperlmmt of Utilities Right Of Way Office 000149 ...... ~o' ~' ROBIOUS ROAD (EXT'D) J WIDTH WATER AND SEE 636.20 E-- ! !, 72§,875.38 EX/STING VARIABLE WIDTH WATER AND VDOT SLOPE AND DRAINAGE EASEMENT DB: 4078, PG: 43 DB: 4082, PG: G95 2BBK L.C. 6- 725-3006- 00000 DB: 3952, PG: 562 3525 KINGS fARM DRIVE 725,377.90 I I I ~16' SANITARY --P8: li SEWER~4E, ApG: 4SEMEN~ TO~C CORPORATION GPI~' 726- 725-~68-00000 DB: 5296, PG: 759 3636 KINGS FARM DRIVE KING ~ FARM , A~ RIVERDOWNS l LOT 3 SECT/ON ~ PB: ~, PG: ~7 PORBON OF VDO~ PROPOSED 16' SEWER EASEMENT AND 10' TEMPORARY EASEMENT BY SEPARATE AGREEMENT 8' EASEMENT 134, PG: 47 E= 11,726,004. G0 S45'20'03~ SLOPE & DP. AINAGE EASEMENT TO REV: 99/4,'4/03 DATE: 6!/_14/2003 BE VACA TED SCALE: !"--40' M/dlo(hion Dis(ri'c! JOB NO: R289- !? Chesterfield Coun(y, Virg/n/o County Project //: 02-034! 120 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September Item Number: .8,C,13,b, I II Subiect: Request to Quitclaim Portions of a Sixteen-Foot Water Easement Across the Property of Breckenridge Associates LLC County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate portions of a 16' water easement across the property of Breckenridge Associates LLC Summary of Information: Breckenridge Associates LLC has requested the quitclaim of portions of a 16' ~ater easement across its property as shown on the attached plat staff has 'reviewed the request and recommends approval. District: Bermuda Preparer: John W. Harmon Title: Riqht of Way Manager Attachments: ---]No 000151 VICINITY SKETCH REQUEST TO QUITCLAIM PORTIONS OF A SIXTEEN FOOT WATER EASEMENT ACROSS THE PROPERTY OF BRECKENBRIDGE ASSOCIATES LLC N Che~teld County Oepa~nent of Utlltle~ Right Of Way Office II 000:1.$3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 8.C.14. Subiect: Approve Supplemental Agreement Number 4 to the Contract with Moseley Architects for the Design of the Replacement Jail in the Amount of $340,303 County Administrator's Comments: County Administrator: Board Action Requested: Authorize the County Administrator to execute supplemental agreement number 4 to the design contract with Moseley Architects in the amount of $340,303 for the construction administration phase of the project. Summary oflnformation: When the original contract with Moseley Architects for design of the replacement jail was approved, the construction administration portion was not included due to limited funding at that time. Now that the project has been bid and construction is to start in early September, it is necessary to add the construction administration fee of $340,303 into the contract. This addition includes all construction administration services, special inspections and preparation of the reimbursement documents for the Department of Corrections. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: [Yes No I# 000~.54 I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests Board authorization for the County Administrator to execute a supplemental agreement to the contract between the county and Moseley Architects for design of the replacement jail. This supplemental agreement, in the amount of $340,303, covers all construction administration, special inspections, and preparation of reimbursement documents for submission to the Department of Corrections, relative to the replacement project. Adequate funding for these services is included appropriation for the replacement jail project. in the FY2004 Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000~.55 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: September 17, 2003 Item Number: 8.C.15. Subject: Amendment to the Board Minutes of July 23, 2003 County Administrator's Comments: County Administrator: Board Action Requested: Amend the minutes of July 23, 2003 as indicated below to reflect a change in the resolution recognizing Mr. Malcolm Womack upon his retirement. Summary of Information: FROM: nOn motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Firefighter Malcolm T. "Mack" Womack will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2003; and WHEREAS, Firefighter Womack served at the Bon Air Fire Station as a day- time Firefighter from August 1978 until starting Recruit School #9 in November 1978, and has faithfully served the county for twenty-five years in various assignments as a Firefighter at the Airport, Bon Air, Chester, Dale, Ettrick, and Manchester Fire and EMS Stations; and Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: -] Yes No 000156 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 WHEREAS, Firefighter Womack ran the first call for service handled by the Airport Station and performed admirably at a very stressful incident, which involved a vehicle accident with entrapment involving a firefighter- staffed ambulance; and WHEREAS, Firefighter Womack was one of the original members of the Chesterfield Fire and Emergency Medical Services Department's Hazardous Materials Team, first serving as the secretary and then as the "C" Shift Team Leader, where he was a valued and respected member until his retirement; and WHEREAS, Firefighter Womack finished his career at the Eanes-Pittman Public Safety Training Center, serving as a Terrorism Preparedness Coordinator. NOW, THEREFORE IT BE RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Malcolm T. Womack, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None." TO: On motion of Mr. McHale, seconded by Mr. Barber, the Board adopted the following resolution: WHEREAS, Firefighter Malcolm T. ~Mac" Womack will retire from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on August 1, 2003; and WHEREAS, Firefighter Womack served at the Bon Air Fire Station as a day- time Firefighter from August 1978 until starting Recruit School #9 in November 1978, and has faithfully served the county for twenty-five years in various assignments as a Firefighterat the Ettrick Fire Station from February 1979 to August 1982; Manchester until January 1985; Chester until January 1990; Dale until February 1993; Bon Air until May 1995; and Airport until February 2003; and WHEREAS, Firefighter Womack ran the first call for service handled by the Airport Station on January 8, 1990; and WHEREAS, Firefighter Womack was one of the original members of the Chesterfield Fire and Emergency Medical Services Department's Hazardous Materials Team, first serving as the secretary and then as the ~C" Shift Team Leader, where he was a valued and respected member until his retirement; and CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 WHEREAS, Firefighter Womack finished his career at the Eanes-Pittman Public Safety Training Center, serving as a Terrorism Preparedness Coordinator. NOW, THEREFORE IT BE RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Firefighter Malcolm T. Womack, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Warren, McHale, Barber, Humphrey and Miller. Nays: None." 000158 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Subiect: September 17, 2003 Item Number: 8.C.16. Award of Contract for Permitting Services for Regional BMP Master Plan for the Swift Creek Reservoir Watershed County Administrator's Comments: ///~_..~ ~~c~' //~~ County Administrator: ~ Board Action Requested: The Board of Supervisors is requested to authorize the award of a contract to CH2M Hill to develop a detailed Corps of Engineers and Dept. of Environmental Quality joint permit application and perform related services for the Regional BMP Master Plan for the Swift Creek Reservoir watershed; appropriate $294,269 from the Contractor BMP Pro Rata Fee revenue to cover the cost of this project; and, authorize the County Administrator to enter into the contract with CH2M Hill. Summary of Information: At its meeting of February 25, 1998, the Board of Supervisors awarded a contract to the firm of CH2M Hill to develop a Watershed Management Plan for the Swift Creek Reservoir Watershed. The Plan also entailed the development of a permit package for presentation to the Corps of Engineers and the Dept. of Environmental Quality. The Plan and permit package were completed. However, due to changes in regulations and policies on the part of these two regulatory agencies, the county is now required to make significant changes to the original permit package. Several additional meetings with the agencies will also be required to negotiate the conditions of the permit that will be issued for this project. Given the fact that there is a need to construct the regional BMPs to keep pace with anticipated development in the watershed in order to protect Swift Creek Reservoir, staff wishes to expedite the revision of the original permit package. Accordingly, staff has received approval to enter into an emergency contract with CH2M Hill to expedite the process and request appropriation of funding to cover the cost of hiring a consultant to perform the necessary work. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin~l Date: September 17, 2003 Budqet and Management Comments: This item requests the Board to appropriate $294,269 in BMP developer prorata fees that have been collected to fund a contract award with CH2M Hill to develop a revised permitting process for BMP's in the Swift Creek Reservoir Watershed. Sufficient funds have been collected to appropriate for this purpose. The contract with CH2M Hill will include the cost of redesign fees, mitigation guidance, meetings with regulators, and all other services needed to obtain a BMP permit. Preparer: Rebecca T. Dickson Title: Director1 Budget and Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 8.C.17. Subject: County Administrator's Comments: Drainage/Construction Inspectors County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the creation of two, new inspector positions in the Environmental Engineering Department. Summary of Information: Chesterfield County's eighth strategic goal is ~to be responsible protectors of the environment." A large portion of environment protection is the process of inspecting drainage structures and erosion-and-sediment control measures for construction. Although staff provided over 6,000 inspections during the past twelve months, the County is behind on obtaining the required number of inspections and the timing of those inspections as required by the State. Staff will work with the County Attorney's Office and Budget and Management to determine an appropriate funding mechanism. District: County Wide Preparer: Lane B. Ramsey Attachments: Yes Title:County Administrator ~-~No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Subiect: Hearing of Citizen on Unscheduled Matters County Administrator's Comments: Item Number: 9. County Administrator: Board Action Requested: Summary of Information: Rebecca L. King, Chair of the "Homeowners for Quality Schools Committee", requests permission to speak at the Chesterfield County Board of Supervisors meeting regarding the impact of population growth on public school capacity in the county. Preparer: Lane B. Ramse¥ Title: County Administrator 0425:62840.1 Attachments: Ycs ---]No 000:1.59 September 2, 2003 8EP - 4 Ms. Lisa Elko Cleric Chesterfield Board of Supervisors Request to Speak at the Board of Supervisors Meeting - September 17, 2003 Dear Ms Elko, As Chair of the Homeowners for Quality Schools committee, I am requesting permission to speak at the Chesterfield County Board of Supervisors Meetfiag on. September 17, 2003. The topic of my presentation is fl~e impact of population growth on public school capacity. My presentation will last 10 minutes (8 for the presentation and 2 for questions). If you have em.y questions or need additional hfformation., please contact me at (804) 281-6663. Sincerely, Rebecca L. King 000160 SEP-03-2083 17:3~ 8842816165 g7% P.O1 0 0 0 0 0 0 0 0 0 0 · [] Chesterfield County School Board Meeting HOQS Presentation August 26, 2003 There once was a woman who lived in a shoe Who had so many children she didn't know what to do. So she moved to the Grove, by 288 Went to enroll her kids in Watkins but was told it's too late. Because Watkins is already 25% overcapacity. How many kids does it take to overwhelm a school? HOQS has done a lot of thinking and talking about this issue, not only with parents but also with educators. Everyone agrees that a school can usually handle a few more kids than instructional capacity. A few trailers don't seem to affect the learning experience and are actually a great tool for keeping student-teacher ratios low. Creative policies like 2 way traffic in the hallways can make things easier for kids trying to get to their next class. But everyone agrees that at some point, the kids (and teachers) do suffer from overcrowding. The consensus opinion is that when schools reach a point of having 15% more kids than instructional capacity, the flexibility of the students and staff reaches a breaking point. Schools at or over 115% of capacity do experience deterioration in social environment and force burdensome policies on the use of common areas, like having to eat lunch at 10:30 when you're not hungry. During the 2002-2003 school year, there were 15 schools in Chesterfield County that were 15- 46% over instructional capacity. Since all kids in overcrowded schools am negatively affected, a whopping 17,563 kids were impacted by overcrowded conditions. These kids represent 32.7% of all the kids enrolled in Chesterfield County last year. If the Board of Supervisors could wave their magic wand to prevent the Old Woman in the Shoe and her fairy tale friends from moving to Chesterfield County, the current CIP plus a few wise redistricting decisions would resolve the overcrowding situation and bring almost all schools within 15% of instructional capacity. Unfortunately, our Board of Supervisors does not seem to be endowed with magical powers and so the county is continuing to project that a MINIMUM of 5,000 new homes will be built in both the Midlothian 288 and Swift Creek areas between now and 2010. Since this forecast for development was shared by County Demographer Tom Jacobson at the May 30th School Board work session, HOQS has been calculating the answer to a new question: how many schools does it take to educate the children that will move in to these 10,000 new homes? The number of children per home across the county is 0.53. The number children per home moving into Salisbury is 1.63. For the moment, let's imagine that we're both way off and the tmth is somewhere in the middle, for example, 1.0 child per new home. 10,000 new homes * 1.0 child per home = 10,000 new children. If you make the assumption that the proportion of children in each grade matches the proportion of children currently in each grade across the county, that means that we will need 6 elementary schools, 2 middle schools, and 2 high schools to hold the new children. Even if the number of new kids is half of what I just forecasted, we still need new schools. The new elementary school and the converted middle school currently planned for the Swift Creek area are not going to help because they will be required to hold the children that have already moved in during the last 5 years. The plan to build 2 new high schools instead of 1 will he able to accommodate some of the growth for the older kids. The younger ones, however, are doomed to overcrowded halls and trailer parks unless something is done. HOQS's proposal is that the School Board add 2 elementary schools and 1 middle school to the CIP. One elementary school should be placed to relieve Watkins and accommodate the Midlothian 288 growth. The other elementary school should be placed somewhere in Swift Creek to accommodate their burgeoning growth. The middle school should be placed between the Midlothian 288 and the Swift Creek growth areas so that both communities can redistrict to the new school. Please note that our recommendation will be insufficient if the new home construction forecast actually materializes. Our recommendation also does not consider growth in areas of the county other than Midlothian 288 and Swift Creek, nor does it consider additional children due to turnover in established neighborhoods. When there is a true problem, it is the responsibility of leadership to recognize the issue and work without stopping until a resolution is found. HOQS would like to see the School Board do three things: 1) Adopt a target of no more than 115% capacity for all schools in Chesterfield County. 2) Publicly state the extent of the overcrowding problem and the pressing need to add 3 additional schools to the CIP. 3) Schedule a series of planning meetings with Chesterfield County leadership to develop an action plan to fund the additional construction costs. This is not the story of Chicken Little exclaiming that the sky is falling when it is really not. This is a real problem with real consequences. Soon we will have the numbers for the fall 2003 enrollment. We are confident that enrollment in the high growth areas of the county will once again outstrip the forecast and our recommendation to add 3 new schools to the CIP will be justified. We are hopeful that the School Board will use the Chesterfield County growth forecast and the 2003 fall enrollment numbers to publicly state the need to build capacity for not only the kids that are already here, but those soon to come. Thank you. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: September 17, 2003 Item Number: 10.A. Subiect: County Administrator's Comments: Developer Water and Sewer Contracts County Administrator: Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 99-0050 The Park at Salisbury (Formerly Salisbury Apartments) The Park at Salisbury, LP Castle Equipment Corporation Water Improvements - Wastewater Improvements - Midlothian $290,861.50 $4,375.78 Preparer: Craig S. Bryant Title: Director of Utilities Attachments: [~Yes No Agenda Item September 17, 2003 Page 2 o o ° Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0310 Goynes Subdivision, Section 1, Lot #'s 21, 22 & 23 Sewer Line DuVal Development DuVal Development Wastewater Improvements - Bermuda 02-0304 Hood - Belgrade @ Polo Place (11301) Walthall 12LC H. & B. Construction Company, Inc. Water Improvements - Midlothian 03-0014 Ashley Village - Phase II Aspect Properties, LLC Meeks Excavating Water Improvements - Wastewater Improvements - Clover Hill 03-0041 First Korean Church - 11730 Lucks Lane First Korean Church of Richmond Bookman Construction Company Water Improvements - Clover Hill $6,454.50 $6,775.00 $100,572.50 $249,484.50 $22,900.00 Agenda Item September 17, 2003 Page 3 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 03-0078 Windy Creek 0utfall Sewer Line Gills Gate LLC McLane Construction Company Wastewater Improvements - Dale $78,500.00 Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 03-0187 Mayfair Estates, Lots #'s 7, 8 & 9, Block D, Section A Sewer Line Extension Emerald Homes Excalibur Construction Corporation Wastewater Improvements - $13,495.00 Clover Hill CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 10.B. Subiect: Status of General Fund Balance, District Improvement Fund, and County Administrator's Comments: Reserve for Future Lease Purchases Capital Projects, County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator Attachments: Ycs -~No 000'16~. BOARD MEETING DATE 07/01/03 CHESTERFIELD COUNTY GENERAL FUND BALANCE September 17, 2003 DESCRIPTION FY2004 Budgeted Beginning Fund Balance AMOUNT BALANCE $36,604,300 *Pending outcome of FY2003 Audit Results 000:1.62 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT September 17, 2003 Description FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/2001 FY02 Budgeted Addition 4/4/2001 FY02 Capital Projects 7/25/2001 County's Master Plan Update 9/26/2001 Video equipment for Circuit and General District Courts 10/24/2001 360 West Corridor Plan 11/14/2001 Building Improvements (County Administration) 11/14/2001 Security Enhancements (MH/MR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/24/2002 Settlement of the Route 10 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Government Center Parkway Project - partial funding ($1.25 million project) FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment Amount 8,800,000 (7,579,700) (85,ooo) (90,000) (70,000) (170,000) (107,000) (50,000) (250,000) (75,oo0) 8,600,000 (7,277,800) (140,000) Balance 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 1,836,312 1,586,312 1,511,312 10,111,312 2,833,512 2,693,512 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT September 17, 2003 Description Amount FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 FY04 Budgeted Addition 9,354,000 4/9/2003 FY04 Capital Projects (8,559,300) 7/23/2003 National search for a developer to revitalize the Cloverleaf Mall area (44,000) Balance 12,047,512 3,488,212 3,444,212 000164 000&65 Prepared by Accounting Department August 31, 2003 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 03/03 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease # 1 - Manchester High School Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation - Building Construction, Expansion and Renovation TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 $37,5O9,9O6 D~e Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 11/23 Outstanding Balance 08/31/03 $13,685,000 8,524 12,805,000 296,708 11,991 9,967 113,886 6,100,000 $33.031.07~6 PENDING EXECUTION Description None Approved Amount 000166 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 14.A. Subject: Resolution Recognizing October 5-11, 2003, 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 5-11, 2003, as ~Legal Assistants' Week". Ms. Virginia F. Butler, CLA, First Vice President of the Richmond Association of Legal Assistants will be in attendance to receive the resolution. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: Yes ~ No 000:1.67 RECOGNIZING OCTOBER 5-11, 2003, AS "LEGAL ASSISTANTS' WEEK" WHEREAS, legal assistants and paralegals provide skilled and essential professional services to licensed attorneys throughout Virginia; and WHEREAS, legal assistants and paralegals receive formal education and training and gain valuable experience working under the supervision of licensed attorneys; and WHEREAS, the Virginia Alliance of Legal Assistant Associations (VALAA) issues educational standards and professional guidelines to ensure that legal assistants are competent and knowledgeable about their field; and WHEREAS, the research and administrative work performed by legal assistants and paralegals are essential to attorneys' ability to provide their clients with quality legal services and representation; and WHEREAS, the Virginia Alliance of Legal Assistant Associations consists of nine member organizations that sponsor educational programs, seminars and forums designed to bring legal assistants together to exchange ideas and methods used in their occupation; and WHEREAS, the VALAA encourages legal assistants and paralegals to adhere to a high degree of ethical and professional conduct and proficiency by issuing a code of ethics for legal assistants and paralegals to practice. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes October 5-11, 2003 as "Legal Assistants' Week" in Chesterfield County. 000 .68 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin Date: September 17, 2003 Number: 14. Subiect: Recognizing Christopher Chase Dingle, Troop 865, Sponsored by Sherbourne United Methodist Church, Timothy Matthew Hichak, Troop 890, Sponsored by The Brandermill Church, Andrew Elliott Turner, Troop 869, Sponsored by Salisbury Presbyterian Church, and Adam Patrick Warf, Troop 876, Sponsored by Mount Pisgah 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 Christopher Chase Dingle, Troop 865, Timothy Matthew Hichak, Troop 890, Andrew Elliott Turner, Troop 869, and Adam Patrick Warf, Troop 876, upon attaining the rank of eagle scout. Ail will be present at the meeting, accompanied by members of their family, to accept the resolutions. Bermuda District Christopher Chase Dingle Parents: Roger and Laurel Clover Hill District Timothy Matthew Hichak Parents: David and Barbara Midlothian District Andrew Elliott Turner Parents: Bryan and Joyce Adam Patrick Warf Parents: Billy and Joyce Preparer: Lisa H. Elko Attachments: Yes Title: Clerk to the Board RECOGNIZING MR. CHRISTOPHER CHASE DINGLE 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. Christopher Chase Dingle, Troop 865, sponsored by Sherbourne 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, Christopher has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes Mr. Christopher Chase Dingle, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000170 RECOGNIZING MR. TIMOTHY MATTHEW HICHAK 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. Timothy Matthew Hichak, Troop 855, 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, Timothy has distinquished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes Mr. Timothy Matthew Hichak, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000iT1 RECOGNIZING MR. ANDREW ELLIOTT TURNER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Andrew Elliott Turner, Troop 869, sponsored by Salisbury Presbyterian Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Andrew has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes Mr. Andrew Elliott Turner, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. ADAM PATRICK WARF 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. Adam Patrick Warf, Troop 869, sponsored by Salisbury Presbyterian 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, Adam has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003, publicly recognizes Mr. Adam Patrick Warf, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000:1.7,.3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 14. C. IIIII Subiect: Resolution Recognizing the Central Chesterfield Little League Senior All- Star Team for Their Outstanding Accomplishments During the 2003 Season and for Their Excellent Representation of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Honorable Arthur S. Warren and the Honorable Jack McHale have requested that the Board of Supervisors commend and recognize the Central Chesterfield Little League All-Star Team for their superior achievements and representation of Chesterfield County. Summary of Information: The Central Chesterfield Little League All-Star Team represented Chesterfield County in the Senior League World Series. Their Team compiled an 18-3 record, winning the District 5 Tournament, the Virginia State Tournament, the Southern Regional Tournament and finished Runner-up in the Senior League World Series. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments~ Yes No 000174 RECOGNIZING THE CENTRAL CHESTEFIELD LITTLE LEAGUE SENIOR ALL-STAR TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS AND EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in youth athletics has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, the 2003 Central Chesterfield Little League Senior All-Star Team managed by Jeff Byrd and coaches Woody Childs and William Childress participated and finished in first place in the District 5 Tournament, the Virginia State Tournament, and the Southern Regional Tournament; and WHEREAS, by winning the Southern Regional Tournament, the team advanced to Bangor, Maine, where it finished runner-up in the Senior League World Series, defeating teams from Hawaii, Maine, Iowa and Russia; and WHEREAS, under the guidance and direction of Mr. Byrd, Mr. Childs and Mr. Childress, the team had a win-loss tournament record of 18-3, and team members include Matt Brown, Bart Burgwyn, Ryan Byrd, Marcus Childress, Will Childs, Lance Firebaugh, Trevor Firebaugh, Nick Marshall, Shaun McEnhimer, Matt Reed, Mike Richardson and Andy Ullom. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17tn day of September 2003, publicly recognizes the 2003 Central Chesterfield Little League Senior All-Stars for its outstanding representation of Chesterfield County, commends the team for its commitment to excellence and sportsmanship and expresses best wishes for continued success. 000 .75 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 14. D. Subiect: Resolution Recognizing Ms. Jennifer Valenzuela, "Miss Hispanic Virginia" County Administrator's Comments: County Administrator: Board Action Requested: Mr. McHale requested that the following resolution be adopted. Summary of Information: This resolution is to recognize Ms. Jennifer Valenzuela's scholastic achievements and to congratulate her on being named "Miss Hispanic Virginia." Preparer: Donald J. Kappel Title: Director, Public Affairs Attachments: Ycs RECOGNIZING MS. JENNIFER VALENZUELA, "MISS HISPANIC VIRGINIA," FOR HER SUPERIOR ACHIEVEMENTS WHEREAS, Ms. Jennifer Valenzuela is a resident of the Bermuda District; and WHEREAS, Ms. Valenzuela is a native of Guatemala who is currently a senior at L.C. Bird High School; and WHEREAS Ms. Valenzuela has just been named as the first Miss Hispanic Virginia; and WHEREAS contestants were judged on scholastic achievement, community service, talent and presentation; and WHEREAS Ms. Valenzuela demonstrated her skills in drawing at the talent show; and WHEREAS in addition to her new crown, Ms. Valenzuela also won a $10,000 scholarship from Virginia Commonwealth University; and WHEREAS Ms. Valenzuela plans to attend VCU and to obtain a degree in bio- medical engineering; and WHEREAS as Miss Hispanic Virginia, Ms. Valenzuela intends to promote the importance of education and also wants to work with the governor to try to address driver's license issues that she believes affect many immigrants in Virginia; and WHEREAS, through her dedication to scholastic achievement, good citizenship and working toward admirable goals, Ms. Valenzuela has brought great pride to Chesterfield County; and WHEREAS, Ms. Valenzuela's future successes in education and bio-medical engineering will continue to reflect positively on Chesterfield County and on Chesterfield County's schools; and WHEREAS, all Chesterfield County residents are fortunate to have such a talented and positive representative of the Hispanic community as a member of our community-at-large. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 17th day of September 2003~ publicly recognizes the superior achievements of Ms. Jennifer Valenzuela, congratulates her on being named as the first Miss Hispanic Virginia, and wishes her continued success in all her endeavors. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: September 17, 2003 Item Number: 16.A. Subject: Public Hearing to Consider an Ordinance to Establish the "Englewood Sewer Assessment District" for 21-Lots in the Englewood Subdivision County Administrator's Comments: County Administrator: Board Action Requested: Should the Board choose to create an assessment district, staff requests that the Board adopt the attached ordinance to establish the ~Englewood Sewer Assessment District"; appropriate funds in the amount of $234,372 for the project from the sewer fund balance; and set interest rate based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. Summary of Information: In April 2002, the Utilities Department was initially contacted by several residents in the Englewood Subdivision with a request to have the public sewer system extended to serve them. In May 2003, based on signed survey forms received, the Utilities Department determined that there was sufficient Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: Yes [---] No #000176 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 community support to pursue a public hearing. On July 23, 2003, a public hearing was held for a 24-1ot assessment district. Property owners spoke both in support of and in opposition to the creation of an assessment district. The Board postponed action on the matter for sixty (60) days and instructed the Utilities Department to pursue alternative districts. Staff has prepared a separate agenda item addressing an alternate assessment district for 24-lots, should the Board decide not to approve the creation of the 21-lot assessment district as presented in this agenda item. If an assessment district is created, the County will initially pay all engineering, construction and other costs to extend a public sewer line along portions of Fillmore Road and Beckham Drive, and will then recoup the cost from the property owners. The sewer assessment on each lot may be repaid in a lump sum or over the 20-year period in semi-annual installments. The property owners will also pay interest based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the assessment ordinance is adopted. A lien in the total amount of the assessment for each property will be recorded. Estimated cost of the proposed sewer lines is $234,372. The proposed ~Englewood Sewer Assessment District" would include twenty-one (21) lots with an assessment of $11,160.57 per lot. This represents an increase of $518.28 over the original 24-1ot assessment district proposal. The Englewood neighborhood has not been re-surveyed to determine support for this alternative proposal. Based on the results indicated by the original survey forms on file with the Utilities Department, we can assume that there are 16 (or 76%) in support, 3 (or 14%) in opposition, and 2 (or 10%) did not respond. Public comment may indicate otherwise. It should be noted that a portion of the sewer lines for this proposal would be constructed within easements between and along the rear of existing lots. Of the three property owners who would be asked to grant an easement, one has agreed, one has stated their objection, and one cannot be contacted due to personal illness. In order to create the "Englewood Sewer Assessment District", the Board must adopt the attached ordinance, with at least 2/3 members (4 out of 5) voting in favor of the ordinance. A map of the proposed 21-lot assessment district and a list of the property owners and assessments are also attached. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests that the Board set a public hearing to consider the attached ordinance to establish a 21-lot ~Englewood Sewer Assessment District" If the Board chooses to adopt the ordinance, the Board is also requested to appropriate $234,372 from the sewer fund balance to pay for engineering, construction and other costs. Once the project is complete, property owners will repay the county in one lump sum or over a 20-year period in semi-annual installments. The interest rate will be based on the index of average yield on United States Treasury securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank at the time the ordinance is adopted. Sufficient funds are available in the sewer fund balance to cover the costs of the project. Preparer: Rebecca T. Dickson Title: Director, Budget and Management 000175 Proposed ~Englewood Sewer Assessment District- Owner Name Jeffery S. & Jennifer C. Nelson Neal L. & Jill B. Sweeney James & Ann P. Kasemersky James Paul Couchman Leana R. Ellcessor George C. & Catherine C. Tolton Frank E. Jr. & Ann U. Ward Keith T. & Renee R. Boswell James A. Redmond Jr. W. M. Mason Jr. & M. P. Mason Paul A. & Leia Tracy Caracciolo Esther Nelson Oscar J. Sr. & Ann D. Honeycutt William D. & G. C. Morrison Charles R. & Pauline B. Kerwath Charles L. & Josephine T. Cuseo Joel R. & Valerie L. Reinford Beulah D. Proffitt Alfred P. & Judith W. Elko Michael E. & Arlyn P. Gleason Cheryl So Gardner Pro~ert~ Address 2502 2430 2422 2414 2400 9535 2419 9544 9530 9525 9536 9522 9515 9528 9514 9505 9504 9447 9429 9446 9436 Fillmore Road Fillmore Road Fillmore Road Fillmore Road Fillmore Road Beckham Drive Fillmore Road Iredell Road Beckham Drive Beckham Drive Iredell Road Beckham Drive Beckham Drive Iredell Road Beckham Drive BackhamDrive Beckham Drive Beckham Drive Beckham Drlve Beckham Drive Beckham Drive Assessmen= $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11,160.57 $11 160.57 $11 160.57 $11 160.57 $11 160.57 $11 160.57 $11 160.57 $11 160.57 $11 160.57 GPIN 7517171256 7517171447 7517171636 7517171727 7517171816 7517173549 7517173935 7517174022 7517174271 7517174749 7517175324 7517175471 7517175845 7517176522 7517176567 7517176841 7517177662 7517177738 7517178734 7517178758 7517179754 (September 2, 2003 - 21 Lots) 000179 ENG LEWOOD SEWER ASSESSMENT DISTRICT 2609 2601 2600 2532 2503 2501 2450 2541 2531 2521 2517 2524 2516 2510 2502 2430 9535 2502 2440 2430 2509 2422 2419 2431 2325 2501 9630 9640 9850 9660 9870 9690 9635 9661 2414 2400 9811 9871 9681 9601 2330 2320 2310 2300 9544 232t 231 7 2307 2333 9523 2308 2304 2332 2324 2316 / 2300 2333 2325 2317 2309 2305 9417 9407 2300 2252 2244 2236 Propo se d Assessment D ist rict Proposed Wastewater Proposed Manhole Proposed Parcels for [-~ A~sessment District Chesterfield County Department of Utilities 1 inch equals 200.00 feet 000:1.80 000~$~. AN ORDINANCE TO CREATE THE ENGLEWOOD SPECIAL TAX OR ASSESSMENT SEWER DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Englewood Special Tax or Assessment Sewer District is created as follows: Section 1. Definitions. In the context of this ordinance, the following words shall have the following meaning: District: The Englewood Special Tax or Assessment Sewer District. Map of the District: The map entitled "Proposed Englewood Sewer Assessment District" prepared by the County Department of Utilities, which map is on file with the director of utilities. Section 2. Establishment of Englewood Special Tax or Assessment Sewer District. Pursuant to Code of Virginia, Section 15.2-2404 et seq., there is hereby created in the county the Englewood Special Tax or Assessment Sewer District. The area of the district shall be and the same is hereby fixed within the boundaries depicted on the map of the district. Section 3. Construction of certain sewer facilities in and adjacent to the district. The utilities department shall cause to be constructed in and adjacent to the district the sewer line and appurtenant facilities depicted on the map of the district. Section 4. Taxes or o~.qessments upon owners of property located within the district. The cost of construction of the sewer line and appurtenant facilities located within the district shall be apportioned among the owners of property abutting the sewer line. The amount of the tax or assessment charged to each such owner shall be one twenty-first (1/21) of the total cost of the improvements constructed within the district, including the legal, financial and other directly attributable costs incurred by the County. The one twenty-first (1/21) charge shall be assessed against each lot located in the district. The amount finally taxed or assessed against each landowner shall be reported to the treasurer as soon as practicable after completion of the sewer line and appurtenant facilities located within the district, and the treasurer shall enter the same as provided for other taxes. O00:l.S; Section 5. Installment payment of assessments. Any person against whom an assessment provided for in this article has been finally made shall pay the full amount of the assessment provided for in this article, on the due date of the first tax bill on which such assessment is shown. In no event, however, shall any part of the assessment be due prior to the completion of the sewer line and appurtenant facilities constructed pursuant to this article. As an alternative to payment as provided above, a person against whom an assessment provided for in this article has been made may pay such assessment in forty (40) equal semiannual principal installments over a period of twenty (20) years, together with simple interest on the unpaid principal balance at an annual rate equal to the index of average yield on United States Treasury_ Securities adjusted to a constant maturity of one year as made available by the Federal Reserve Bank on the date when this ordinance was adopted. The first of such installments shall be due on and interest on the unpaid principal balance shall accrue from the date on which the full amount of the assessment would otherwise have been due as provided above. Section 6. This ordinance shall not be set out in the County Code but shall be kept on file in the office of the director of utilities. (2) This ordinance shall be in effect immediately upon its adoption. 000183 An Affiliate of Media Genera) Advertising Affidavit (This is not a bill. Please pay from invoice) P~ O. Bo× 65333 Richmond, Vi~jinia 23293-0001 (804) 649-6000 Ad Size og, 1 ()/2(}Oq 121 ENGI.EWOC~D SEWER ARRE,%qMENT 400 x 12200 4704 I;2 General Operations, inc. Publisher of DISPATCH E~4C~L-F. WOOr~ .qF, WE~ A,q~qE the City of Richmond, da~es: 09/10/2003 g given .... 1515189 befor~ ~ PUblio SuPerVisor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 16.B. Subject: Public Hearing to Consider an Ordinance Exempting Concession Operations of Certain County Youth Athletic Organizations from State Food Handling Laws County Administrator's Comments: /~,c.~,~ /~~- "~' ~o.~ ~ 3~-~-o~- County Administrator: Board Action Requested: Staff requests that the Board of Supervisors hold a public hearing to consider re-adoption of the attached ordinance, which was adopted on an emergency basis at the August 27, 2003 meeting. Summary of Information: The State Board of Health has recently issued a ruling that concessions sales at youth athletic activities are bound by regulations controlling the preparation and handling of foods. In the past, the Health Department had not required concession operators to purchase a permit and did not regulate their activities. Ail youth athletic associations will now be required to pay for a permit and be subject to stringent rules and regulations regarding the preparation, handling and sale of food similar to those imposed on restaurants. It is anticipated that subjecting concessions to the new requirements will limit the type of food that can be sold and hurt athletic association fundraising efforts. The state Code allows the County to exempt concession stands operated by certain organizations at youth athletic activities from state regulation by adoption of an ordinance. Preparer: Michael S. Golden Attachments: Ycs Title: Director, Parks & Recreation 0623: 62836.1 (62610.1) No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The state law allows the County to exempt two categories of groups who may operate concessions. The first group is youth athletic associations. The second group is any charitable non-profit organization or group recognized by resolution of the County as being part of the County's youth recreational program. At the August 27th meeting, staff recommended that the Board pass, and the Board did pass, a resolution recognizing all the County's organizations, which are part of the County's youth recreational program. The state law does not permit the County to exempt all organizations, which might operate concessions at youth athletic activities. The state law only permits exempting organizations, which are youth athletic associations or otherwise part of the County's youth recreational program. Therefore, some organizations, which operate concessions, like high school band booster clubs, would not be covered under the exemption. The General Assembly would have to amend the law to exempt such non-recreational groups. The Health Department has indicated, however, that it will work with non-exempt groups to facilitate their compliance with the law. Dr. William Nelson has been consulted regarding the ordinance. He agrees with the staff recommendation to adopt the proposed ordinance, which will allow concessions to continue to operate as they have in the past. Under the proposed ordinance, however, the County Health Department will issue advisory standards on the safe operation of concessions and will provide educational material and training to the operators of the concessions to promote safe practices in food preparation and handling. The attached ordinance was adopted on an emergency basis at the August 27, 2003 meeting. When an ordinance is adopted on an emergency basis, the Board must hold a public hearing and readopt the ordinance within 60 days or else the ordinance will no longer be effective. This is a public hearing to consider re-adoption of the ordinance. 000 .85 0623(00) :62836.1 (62610.1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 12-41 RELATING TO CONCESSION STANDS AT YOUTH ATHLETIC FACILITIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 12-41 of the Code of the County of Chesterfield, 1997, as amended, is amended and reenacted to read as follows: ARTICLE III. REGULATION OF FOOD AT COUNTY FAIRS AND CONCESSIONS AT YOUTH ATHLETIC ACTIVITIES Sec. 12-41. Applicability of state law. (a) The Code of Virginia, tit. 35.1, shall not apply to the county fairs sponsored by the Chesterfield County Fair Association or concession stands at youth athletic activities, when such stands are promoted or sponsored by either a youth athletic association or by any charitable nonprofit organization or group thereof which has been recognized by resolution of the county as being part of its youth recreational program. (b) The advisory standards issued by the state board of health are incorporated herein by reference and shall apply to the sale, preparation, serving, transporting and handling of food at such fairs. The county health officer or his designee shall supervise the sale, preparation, service, transporting and handling of food at such fairs. (c) It shall be the duty of the county's director of health, or a qualified person designated by him, to provide education and consultation, establish advisory standards and exercise appropriate supervision regarding the safe preparation, handling, protection and preservation of food at concession stands at youth athletic activities, to protect the public health. (2) That this ordinance shall become effective immediately upon adoption. 0623:62610.1 000 .86 An Affiliate of Media General Advertising Affidavit (This is not a bill, Please pay from invoice) P.O. Bo× 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Date Code Description Ad Size Tota~ Cost TAKF, NOTICF;TAKE N©TICE THAT THE Rf)A RD (3 200 x 94 00 ATTACH Media Genera~ Operations, inc. Publisher of THE RICHMOND TIMES-D~SPATCH This is to certify that the attached TAKE N©TICF, T AKF. N©T'I('~} was published ~y Richmond NeWspapers, ~nc. ~n the City of R~chmond, State of Vkginia, on the following dates: 09/03/2003 09/10/2003 l-ne first insertion being g~ven Newspaper reference: Sworn to and subscribed before me this ~ -~_~ Notary Public State of Virginia City of Richmond My Commission expires 1515671 (19/(T:{/2il(F:; SuperVisor CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: September 17, 2003 Item Number: 16.C. Subiect: Hold a Public Hearing to Consider Amending the County's Unsafe Structures Ordinance to Include a Civil Penalty County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to hold a public hearing to consider whether to prescribe a civil penalty for violation of the county's unsafe structures ordinance. Summary of Information: Under the county's current ordinance, the county is permitted to remove, repair or secure a structure that poses a danger to public health or safety or has a defacement that is visible from public right of way. If public safety is endangered, the county can recover the actual cost to the county for action taken. Effective July 1, 2003, amendments to the state code permit the county to establish an additional civil penalty of up to $1,000 for violating the county's unsafe structures ordinance. The revised ordinance amends Section 5-6 of the County Code to permit the imposition of a civil penalty in appropriate circumstances. The revised ordinance will become effective immediately upon adoption. The proposed ordinance is attached. Preparer: M.D. Pete Stith, Jr. Title: Deputy County Administrator Attachments: Yes ~ No [#000187 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests the Board to hold a public hearing to considerwhether to prescribe a civil penalty for violation of the county's unsafe structures ordinance. Effective July 1, 2003, amendments to the state code permit the county to establish an additional civil penalty of up to $1,000 for violating the county's unsafe structures ordinance. Revenues from these civil penalties were not included in the FY2004 budget and are expected to be minimal. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000~.$8 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 5-6 RELATING TO THE AUTHORITY TO REMOVE, REPAIR OR SECURE UNSAFE OR DEFACED STRUCTURES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 5-6 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 5-6. Authority to remove~ repair or secure unsafe or defaced structures. (a) The building official may require property owners to remove, repair or secure any building, wall or other structure which is located on their property and which the building official has determined (i) poses a danger to public health or safety or (ii) has a defacement that is visible from a public right-of-way. (b) If the building official determines that a building, wall or structure poses a danger to public health or safety, or has a defacement that is visible from a public right-of-way, he shall cause a notice to be served on the owner and any recorded lien holder of the building, wall or other structure, requiring the owner to remove, repair or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the county. No action shall be taken by the county to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, q'~' ...... ~ .......... .,.. ~.~u t. ....... a: .......... ,,'~ ~. ...... ~ ~.~ ~, .... a ~ ~ (c) The property owner shall remove, repair or secure the building, wall or structure, as required by the notice, within 30 days after notice has been given to the owners of such property ~ as provided in subsection (b), whichever is later. If the owner fails to take the action required in the notice within the 30-day period, the building official may remove, repair or secure the building, wall or structure, as required by the notice. With respect to violations of subparagraph (a)(i), the costs and expenses of removing, repairing or securing shall be charged to and paid by the owners of the property and may be collected by the county as taxes and levies are collected. .... ,a..~ a" ..... ;"~* *" ...... ~" Every charge authorized by this section with which the owner of any such property has been assessed and which rem~ns unp~d shall constitute a lien 1325:62556.1 against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, tit. 58.1, ch. 39, art. 3 (§§58.1-3940 et. seq.) and art.4 (§§ 58.1-3965 et. seq.), as amended. The county may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (e) In addition to the remedies set forth above, any owner of such property in violation of subparagraph (a) (i) who fails to take the action required in the notice within the 30-day period, shall be subiect to a civil penalty of $1,000. (2) That this ordinance shall become effective immediately upon adoption. 1325:62556.1 000 .90 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 Accou Date Code Descrip~!qn Ad Size __ TAKRNOTICRTAKENOTICRTHATTHEIA()ARDCI 2(}0 x 2400 Media General Operations, Inc Publisher of ATTACH THE RICHMOND TIM ES-DISPATCH This is to certify that the attached was published ~Y Richmond Newspapers, lnc, in the citY of Richmond, State of Virginia, on the following dates: 09/03/2003 09/10 '2003 The first insertion being given Newspaper reference: Sworn to and subscribed before 1515672 state of Virginia . - Oc~/Oq/?OOq CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of ~. Meetin~l Date: September 17, 2003 Item Number: 16.D. Subject: Public Hearing to Consider Amending Section 9-132 of the County Code to Eliminate the Sunset Provision on Courthouse Security Fees County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to hold a public hearing to consider amending Section 9-132 of the County Code to eliminate the sunset provision relating to courthouse security fees. Summary of Information: When the County first adopted an ordinance assessing a $5.00 courthouse security fee for each criminal and traffic conviction, the state enabling law contained a sunset clause providing that local ordinances would only be effective until July 1, 2004. The General Assembly recently removed the July 1, 2004 sunset provision. This is a public hearing to consider the proposed amendment eliminating the sunset provision in the County's ordinance. Preparer: Attachments: /s/Steven L. Micas Steven L. Micas Yes ~ No Title: County Attorney 0623: 62754.1 (61330.1) %00~.9~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: September 17, 2003 Budget and Management Comments: This item requests that the Board hold a public hearing to consider amending Section 9-132 of the County Code to eliminate the sunset provision on the collection of courthouse security fees. The authority to collect the fees was initially due to expire on July 1, 2004. The Board of Supervisors initially adopted the fees in the FY2003 budget in an effort to help offset reductions in revenue from the Compensation Board. Elimination of the sunset, as authorized by the General Assembly, will allow the county to continue to use a projected $220,000 in revenue to offset these reductions. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000192 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-132 RELATING TO COURTHOUSE SECURITY FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-132 of the Code o£ the County o£ Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-132. Collection of processing fees for persons admitted to jail following conviction and fees for courthouse security. (a)(1) In addition to any other fees prescribed by law, a $25.00 processing fee is hereby imposed on every individual admitted to the county or regional jail following conviction in a district or circuit court. (2) This processing fee shall be ordered as a part of court costs collected by the clerk, deposited into the account of the county treasurer, and shall be appropriated to the sheriff to defray the costs of processing arrested persons into the jail. (b)(1) In addition to any other fees prescribed by law, a fee of $5.00 is hereby imposed in each criminal and traffic case in which the defendant is convicted of a violation of any statute or ordinance. The clerks of the district and circuit courts shall charge and collect this fee as a part of the fees taxed as costs. (2) After collection by the clerk of the court in which the case is heard, the fee shall be remitted to the county treasurer and held subject to appropriation by the board of supervisors to the sheriff's office for funding courthouse security personnel. (3) (2) That this ordinance shall become effective immediately upon adoption. 0623:61330.1 000 .93 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 Accou [Date Code Description Ad Size Total C~- 0/2003 1 ~ 1 TAKE N(')TICF, TAKF, NOTICF, THAT THF, R©ARD O 2 00 x 24 00 Media Genera~ Operations, ~nc, ATTACH PubliSher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE -NC~TICF, TAKF, NlOTIC} State of Virginia, on the following dates: 09/03/2003 09/10/2003 THiS iS NOT A BILL; PLEASE PAY FROM iNVOiCE. The fi~St insertion being given .... Newspaper reference: 1515676 Sworn to and subscribed before Notary Public uperviSor state of Virginia C!tYof RiCh mo n d THANK YoU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 16.E. Subject: PUBLIC HEARING: To Consider an Ordinance to Vacate a Portion of a Fifty-Foot Unimproved Right of Way Known as Plum Street Within Centralia Gardens, Chesswood, Section C, and Sunbury Two Subdivisions County Administrator's Comments: County Administrator: -~~ Board Action Requested: Adopt an ordinance to vacate a portion of a 50' unimproved right of way known as Plum Street within Centralia Gardens, Chesswood, Section C, and Sunbury Two Subdivisions. Summary of Information: Jacqueline P. Goodwin has submitted an application requesting the vacation of a portion of a 50' unimproved right of way known as Plum Street within Centralia Gardens, Chesswood, Section C, and Sunbury Two Subdivisions. This request has been reviewed by staff and approval is recommended. District: Dale Preparer: John W. Harmon Title: Right of Way Manager Attachments: Yes --]No # 000~94 VICINITY SKETCH PUBLIC HEARING: ORDINANCE TO VACATE A PORTION OF A FIFTY FOOT UNIMPROVED RIGHT OF WAY KNOWN AS PLUM STREET WITHIN CENTRALIA GARDENS, CHESSWOOD, SECTION C, AND SUNBURY TWO SUBDIVISIONS DR DERMO' W N ........ 000:1.95 VACATION OF A PORTION OF A FIFTY FOOT RIGHT OF WAY KNOWN AS PLUM STREET WITHIN CENTRALIA GARDENS SUBDIVISION, CHESSWOOD, SECTION C, AND SUNBURY TWO SUBDIVISION ~ IMBERLY DAWN HAMtL't'ON K ~.~ -/p, 666207 r,,-: __06 G 309 · 3300 P ' 9418~'~-~BRIDGE ROAD LOT 1, BLOCK "A", SEC "C" cHESSWOOD 50' AND VARIABLE WIDTH UNIMPROVED RIGHT OF WAY TO BE vACATED CHESSWOOD Tit poRTtON VACATED .,,, ~,tanV,e~LEWID_~_A,~._ cHESSWOOD ~u ,~-_"_-; .,. ~'~.K"A". S"<, v. PB. 38 TO LO'~ ~. ~' ;,:.: tow ~'no~ v^c~'~o 2~ ~OV~-~K'A' su~sU~¥~wo TO LoT 22. I~.t-~-~-, ' SuNBUR¥ TWO PB. 49 PG. 20 jAcQUELINE P' GooDWtN P%N: 7806656194 DB. 2257 pG. 1873 9500 GREATBRIDGE RoAD LOT 22, BLOCK"A", suNBURY 'TWO Chesterfield County Department of Utilities Right Of Way Office AUGUST 29, 2003 -- 000196 An Affiliate of Media General Advertising Affidavit (This ]s not a bill. Please pay from invoice) CHRSTRRFH.D CO RIGHT WAY RIGHT f-IF WAY DEPT 67t{'1 *W KR AIISH ROAD P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 RECEIVED CHESTERFIE{ '~ R/W SECT. IAccount 2206~6 [ Date J 139/113/213133 Date Code Description Ad Size Total COst TAKR NOTICRTHAT ON SF, PTIRM~F,R 17 213133 AT ATTACH HERE Media General Operations, inc. Publisher of THE RICHIVION D TiMES-DiSPATCH This is to certify that the attached TAKE -NOTfCRTFfAT ON ~'F.P was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 09/03/2003 09/10/2003 The first insertion being given .... Newspaper reference: 1518369 Sworn to and subscribed before me this q.- [f'¢ -05 Notary PubNc State of Virginia City of Richmond My Commission expires THIS iS NOT A BILL, PLEASE PAY FROM iNVOICE, THANK YOU---' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: September 17, 2003 Item Number: 18. Subiect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on October 8, 2003 at 4:00 p.m. Preparer: Lisa H. Elko Attachments: [--'] Yes Title: No Clerk to the Board