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12-15-1993 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15, 1993 Item Number: Page 1 of i Subject: COUNTY ADMINISTRATOR'S COMMENTS Count~' Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of I nformation: Mr. Jack Berry, Hanover County Manager and United Way Governmental Campaign Chairman, will be present to assist Mr. Ramsey in the presentation of Certificates of Appreciation to various County departments. Preparer: ~4~j ?~..~ Theresa M. Pitts Attachments: ~'-~ Yes No Title: Clerk to Board of Supervisors 001 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15~ 1993 Page i of i Item Number: 2. Subject: COUNTY AD~INISTRATOR'S CO~IENT Presentation of the Comprehensive Annual Financial Statements for the Fiscal Year Ended 3une 30, 1993. County Administrator's Comments: CountyAdministrator: BoardAction Requested: S u mmary of Information: In 1993 the General Assembly amended a statute ,to require a locality's certified public accountant to present a detail written report to the governing body at a public session by December 31. The County's Comprehensive Annual Financial Statements are prepared by the Accounting Department and audited by Coopers & Lybrand. The final printed document ,includes Coopers & Lybrand's report on the audited financial statements and reports on compliance with various State and Federal laws and regulations and reports on internal controls. Coopers & Lybrand representatives will present the report to the Board and respond to questions about the audit. Preparer: Title: Bradford S. Hammer Attachments: --]Yes No Deputy County Administrator 006 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS December 15, 1993 AGENDA Page 1 of ]- Item Number: 2. Subject: County Administrator's Comments: GFOA Budget Award ,County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: The Government Finance Officers Association of the United States and Canada (GFOA), a national organization, each year nationally recognizes budgets which meet certain rigorous standards. The County has been notified and received the ,~Award For Distinguished Bud eg~ Presentation for the fiscal year b~eginning July 1, 1993. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy docu__.~ment,._~ an operations guide, as a financial pl_ an~..._an_d_a_s_s .a~ communications device..T, his j~ the County's ~en~'v.~' .~Chesterfield County was one of approximately 300 .1~ nationwide, to win this award, and one of very few localities to receive it for the ten-' consecutive years. This award is the highest form of recognition in governmental budgeting, and aids in presenting a quality image of Chesterfield County to bond rating agencies and other outside organizations. Preparer- "~'.( dc'~? r ' ~ · ,_, ~ / c(,~. ~ ,./; . James J.L. Stegmmer Attachments: ['--~ Yes No Title: Director, Budget and Management OO5 Meeting Date: CHESTERFIELD COUNTY BOARD OF gUPERVISORS AGENDA December 15, 1993 Item Number: 2. B. Subject: COUNTY ADMINISTRATOR'S COMMENTS - National Agricultural Agents Recognition of Suzan Craik Count~ Administrator's Comments: Association of County Co u nty Ad mi n istrato r: BoardAction Requested: Summary of Info rmation: Suzan Craik was recently selected as one of 20 Extension Agents in the United States as a Search for Excellence winner by the National Association of County Agricultural Agents. The award was for her water quality educational program in Chesterfield County. It was presented at' a national meeting in Baltimore, Maryland. A summary of the program will be included in the Association's national publication. Richard Nu/nnally / Attachments: [~ Yes No Title: Director, Extension Services 002  ~CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15r 1993 Item Number: Page i of 2 2.C. Subject: COUNTY ADMINISTRATOR' S COMMENTS County Administrator's Comments: County Administrator: BoardAction Requested: Summary of Informafi on: Ms. Kulla Winslow, business representative in the Economic Development Department, has recently been aDDointed by Governor Wilder._~e 15,member 'Film Office~Advisory Board, representing the. Virainia...Economic Developer~--~so~t~ Board w~l ._~~Fllm Office and Its parent, the Department of Economic DeveloDmen_~to__Q~_~~---~_~/-m---~-dustry to the ~o~wealth and educat~__v,~rginians ~ advantaqes ~-~ x~creas~ng production opportunities sta~ewide as well as make n % lon~ conce~.D~-~~n~ tha~ a~~aken to enhance en~ainment industry growth in Vir~~ In conjunction, Ms. Winslow serves as the County's liaison to the Virginia Film Office and currently is coordinating with the Film Office on the production of "Lassie" that is shooting on-location in the County. A portion of the feature film was filmed on-location in Chesterfield County over the past several weeks. LASSIE, produced by Lorne Michaels, takes the premise of the 1960's classic and gives it a 1990's spin. Scenes were filmed at the front gates of DGSC and the Tex-Mex Restaurant on Preparer: Attachments: ~--] Yes iNo Title: 003 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) Jefferson Davis Highway. A number of County departments were involved with the production including the Police Department, the Fire Department, Risk Management, and Economic Development. In addition, The Virginia Film office, in conjunction with the County's Economic Development Department, has been working with EEE YAW KEE Productions since July to find locations around the Commonwealth. Other parts of the film have been shot in Tazewell County. 004 --"~MONDCOALBASIN SWAFTS SD19~ December 17, 1992 Completed Reclamation No. of State No. of No. of Total County Pro~ects EmerKencies Shafts Costs Chesterfield County 4 3 32 $391,047 Goochland County 1 0 3 $ 45,007 Henrico County 1'* 1 2 $ 27,097 Powhatan County 1 1 43* $317,425' TOTALS 7 5 80 $780,576 * Totals include reclamation of associated "mine pits" located near the major shafts. **Part of FY88 Richmond Shafts (one site in Chesterfield County and one in Henrico County) Currently Proposed Reclamation Proiects (Not Funded) County Powhatan County: Watkins Landin§ Shafts Henrico County: Tuckahoe Creek Shafts No. of State No. of No. of Total Proiects EmerKencies Shafts Costs i o 8 $15o,ooo 1 0 20 $175,000 December 17, 1992 AMLRecl-mmti~ Totals im the Richmond Coal Basin Chesterfield County Pro~ects. 1. Murphy Grove Shafts Project reclaimed thirteen (13) shafts at a cost of $205,294. 2. Brighthope Shaft (Richmond Shaft Project FY88) reclaimed one (1) shaft at a cost of $12,126. 3. Oldbury Road Shaft Emergency Project reclaimed one (1) shaft at a cost of $14,450. 4. Kings Lynn Road Shafts Emergency Project reclaimed two (2) shafts at a cost of $13,141. 5. FYg0 Richmond Shafts Project has ten (10) shafts/pits currently under contract cost of $89,527. Work has just been completed. 6. 1st FY92 Cox Mines Project has four (4) shafts currently under contract cost of $52,440. Work has just been completed. 7. Woods Shaft Emergency Project reclaimed one (1) shaft at a cost of $4,364. Powhatan County 1. Powhatan Shafts Project reclaimed forty-two (42) shafts and/or associated pits at a cost of $31§,916. 2. Route 711 Shaft Emergency Project reclaimed one (1) shaft at a cost of $1,509. - Approximately eight (8) shafts located between State Route 711 and the Watkins Landing area of the James River are currently being considered and proposed for funding in 1993. The estimated cost is $150,000. Henrico County 1. Deep Run Shaft (Richmond Shaft Project FY88) reclaimed one (1) shaft at a cost of $26,050. 2. Tuckahoe Village West Shaft Emer§ency Project reclaimed one (1) shaft at a cost of $1,047. Goochland County. 1. Richmond Shafts FY89 Project reclaimed three (3) shafts at a cost of $45,007. C~E STERFI E L~ COUNTY MINE SHAFTS/PITS LEGEND: >' '~6i~i~,'LEYED ABANDONED MINE LAND RECLAMATION SITE PROPOSED SITE FOR FUTURE ABANDONED MINE LAND REC;LAMATION 5o \ MAP REFERENCE: .... '') L) ' ........ .--'<S. '? MiI~LOT'HIAN. VA. 1964 ~_--:.~ 7.5' U.S.G.S. TOPO ' PHoToREVISED 1987 x'-m'~ ~- ~ : L" \ .' i MAP REFERENCE: HALLSBORO, VA. 1963 75'USGS TOPO :...'''' PHOTORE¥1SED 1968 AND 1974 (, '~' 'CHESTERFIELI:::) COUNTY ,.~ MINE SHAFTS/PITS ~ MAP REFERENCE: WINTERPOCK, VA. 19~,3 7.5' U.S.GiS. ToP~)" 2'. PHOTOREVISED 1968 AND ~' '~" '~/, 1974 LEGEND: COMPLETED ABANDONED MINED LAND RECLAMATION SITE PR-'6~osED ~ITE I~0'~R FU~-UR~E ~,'i~,'~NDON'ED MINF--.-~AND RECLAMATION Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15~ 1993 Item Number: Page 1 of._.~.~ 2.F, ~ub]ect: COUNTY ADMINISTRATOR'S COMMENTS Testing of Police Department's Handgun County Administrator's Comments: County Administrator: BoardAction Requested: ~ummary of Information: During the October 20, 1993 Board of Supervisors meeting, approval was given by the Board to test the Police Department issued handgun. The Board also requested a methodology report prior to the test. An engineer representing the testing laboratory will be present at the Board meeting to describe the test and to respond to questions from Board members. Attachments: ~ Yes ,No Title: Chief of Polite 007 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page 1 of z 7.C.11. Subject: Request for Bingo/Raffle Permit County Administrator's Comments: CountyAdministrator: BoardAction Requested: Approval of Bingo/Raffle Permits ,,Summary of Information: The County Attorney's Office has reviewed the following applications for a bingo/raffle permits and has determined that the applications meet all statutory requirements: Organization Type Year La Societe Des 40 Hommes Et 8 Chevaux, Voiture 1530 Bingo/Raffle Tuesdays 7:00 p.m. 15930 Happy Hill Rd. 1994 Central Virginia Council of the Blind Bingo/Raffle Saturdays 11:00 a.m. -4:00 p.m. Sundays Noon - 5:00 p.m. 1994 ~teven L. MIC~tS Yes County Attorney Ug0b:3~9.Z4 1,5 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~- of 3 Summary of Information: (Continued) Organization Cavalier Athletic Club, Inc. Poseidon Swimming, Inc. Knights of Columbus, Council #6189 A1 Bartraw Jr., Chapter 50 Disabled American Veterians Brandermill Lions Club St. Augustine Roman Catholic Church Notre' Dame Club of Richmond Thomas Dale Band Boosters 0905:389.24 Type Bi go Thursdays & Saturdays 7:00 - 10:00 p.m. Bingo/Raffle Sundays 1:30 p.m. Mondays 7:00 p.m. Bingo/Raffle Wednesdays 7:00 p.m. Bingo During Co. Fair Bingo Tuesdays 7:00 - 10:00 p.m. Bingo Fridays 6:00 - 11:00 p.m. Raffle Various dates Raffle Various dates Year 1994 1994 1994 1994 1994 1994 1994 1994 152 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) Organization Beach Community Grange #958 Midlothian Rotary Club, Inc. Mid-Cities Civic Assoc., Inc. Type Bingo Fridays 7:00 p.m. Raffle Tuesdays 7:30 - 8:30 a.m. Bingo/Raffle December 31, 1993 7:30 p.m. Year 1994 1994 1993 0905:389.24 153 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: Item Number: Page 1 of.2 14 .A. Subject: Resolution Recognizing Linwood S. Matthews Upon His Retirement County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summaryoflnformation: W~EREAS, Linwood S. Matthews will retire from the Chesterfield County Police Department on December 31, 1993; and W~EREAS, Linwood S. Matthews has provided 25 years of quality service to the citizens of Chesterfield County; and WI{EREAS, Linwood S. Matthews has served Chesterfield County with dedication, commitment, and courage in the capacity of Patrol Officer, Sergeant, Lieutenant, and Captain; and WI{EREAS, Linwood S. Matthews has directly impacted the safety of the community by the implementation and coordination of the D.A.R.E. Program and various safety education and crime prevention programs during his tenure in the Support Services Unit with the Police Department; and Preparer: //' ColOnel J. E. Pittman, Jr. / Attachments: ~ Yes No Title: Chief of Police CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) WHEREAS, Linwood S. Matthews has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Linwood S. Matthews has contributed 29 years of volunteer service to the community through the Forest View Rescue Squad, as well as assisting other rescue squads, and as an associate of the Virginia Association of Volunteer Rescue Squads, has instructed in rescue techniques and competed in various rescue competitions; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Linwood S. Matthews' diligent service. NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors publicly recognizes Linwood S. Matthew, and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County. AND, BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Linwood S. Matthews and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. # Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS' AGENDA December !5, !993 Item Number: Page I of ! Subject: Refunding of Series 1987 Certificates of Participation with $17,510,000 Certificates of Participation Series 1993 County Administrator's Comments: CountyAdministrator: BoardAction Requested: Approval of Resolution authorizing refunding of Series 1987 Certificates of Participation with $17,510,000 Certificates of Participation Series 1993. Summary of Information: Bradford S. Hammer will present information to Board of Supervisors to explain this agenda item. Preparer: Title: Bradford S. Hammer Attachments: [~/Yes ~ No Deputy County Administrator 1103:5678.1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A GROUND LEASE, TO BE DATED AS OF DECEMBER 15, 1993, TO BE ENTERED INTO BY AND BETWEEN THE COUNTY, AS LESSOR, AND SIGNET MUNICIPAL LEASECORP, INC., AS LESSEE, PROVIDING FOR THE LEASING BY THE COUNTY OF THE SITES FOR A HUMAN SERVICES BUILDING, A DATA PROCESSING BUILDING AND A COURTS BUILDING AND SUCH BUILDINGS NOW OR HEREAFFER EXISTING THEREON, AND AUTHORIZING AND DIRECTING THE COUNTY ADMINISTRATOR OR DEPUTY COUNTY ADMINISTRATOR TO EXECUTE AND DELIVER SUCH GROUND LEASE; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A REAL PROPERTY/LEASE PURCHASE AGREEMENT, TO BE DATED AS OF DECEMBER 15, 1993, TO BE ENTERED INTO BY AND BETWEEN SIGNET MUNICIPAL LEASECORP, INC., AS LESSOR, AND THE COUNTY, AS LESSEE, PROVIDING FOR THE LEASING TO THE COUNTY OF SUCH SITES AND BUILDINGS AND AUTHORIZING AND DIRECTING THE COUNTY ADMINISTRATOR OR DEPUTY COUNTY ADMINISTRATOR TO EXECUTE AND DELIVER SUCH REAL PROPERTY LEASE/PURCHASE AGREEMENT; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF A TRUST AGREEMENT, TO BE DATED AS OF DECEMBER 15, 1993, TO BE ENTERED INTO BY AND AMONG THE COUNTY, SIGNET MUNICIPAL LEASECORP, INC., AND SIGNET TRUST COMPANY, AS TRUSTEE, AND AUTI-IORIZING THE COUNTY ADMINISTRATOR OR DEPUTY COUNTY ADMINISTRATOR TO EXECUTE AND DELIVER SUCH TRUST AGREEMENT; APPROVING THE FORM AND THE TERMS, CONDITIONS AND PROVISIONS OF AN ESCROW DEPOSIT AGREEMENT, TO BE DATED AS OF DECEMBER 15, 1993, TO BE ENTERED INTO BY AND BETWEEN THE COUNTY AND SIGNET TRUST COMPANY, AS ESCROW AGENT, AND AUTHORIZING THE COUNTY ADMINISTRATOR OR DEPUTY COUNTY ADMINISTRATOR TO EXECUTE AND DELIVER SUCH ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE MEMBERS OF SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH COUNTY TO TAKE FURTHER ACTION TO CARRY OUT THIS RESOLUTION AND THE TRANSACTIONS CONTEMPLATED HEREBY AND BY THE AFOREMENTIONED GROUND LEASE, REAL PROPERTY LEASE/PURCHASE AGREEMENT, TRUST AGREEMENT AND ESCROW DEPOSIT AGREEMENT; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS 1103:5676.1 - i - WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County") has determined that it is advisable for the County to enter into a Ground Lease, to be dated as of December 15, 1993, by and between the County, as lessor, and Signet Municipal Leasecorp, Inc. (hereinafter defined as the "Corporation"), as lessee, providing for the leasing by the County to the Corporation of the sites for a Human Services Building, a Data Processing Building and a Courts Building and such buildings now or hereafter existing thereon; and WHEREAS, the Board has determined that it is advisable for the County to enter into a Real Property/Lease Purchase Agreement, to be dated as of December 15, 1993, by and between the Corporation, as lessor, and the County, as lessee, providing for the leasing by the County from the Corporation of a Human Services Building, a Data Processing Building and a Courts Building and the sites therefor; and WHEREAS, in accordance with the budget adopted by the Board for the Fiscal year commencing on July 1, 1993 and ending on June 30, 1994, there have been appropriated sufficient monies to provide for the payment of the rental payments as required to be paid by the County under the Lease/Purchase Agreement; and WHEREAS, the Board has determined that it is advisable for the County to enter into a Trust Agreement (hereinafter defined as the '~rrust Agreement"), to be dated as of December 15, 1993, by and among Signet Trust Company, as Trustee (hereinafter defined as the 'Trustee"), the Corporation and the County; and WHEREAS, the Board has determined that it is advisable for the County to enter into an Escrow Deposit Agreement to be dated as of December 15, 1993 by and between the County and Signet Trust Company, as Escrow Agent, to provide for the refunding and defeasance of the outstanding portion of $23,370,000 aggregate principal amount of Certificates of Participation, dated as of October 1, 1987, issued under a Trust Agreement, dated as of September 1, 1987, by and among the County, Signet Leasing and Financial Corporation and Signet Trust Company, as trustee; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERHELD, VIRGINIA: SECTION 1. Definitions "Corporation" shall mean Signet Municipal Leasecorp, Inc., a corporation organized and existing under and by virtue of the laws of the State of Maryland. "Escrow Agent" shall mean Signet Trust Company, a trust subsidiary company organized under the laws of the Commonwealth of Virginia and having its principal corporate trust office in the City of Richmond, Virginia. 1103:5676.1 - 2 - "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement in the form attached hereto as Exhibit D, to be dated as of December 15, 1993, to be entered into by and between the County and Signet Trust Company, as Escrow Agent, to provide for the refunding and defeasance of the outstanding portion of the 1987 Certificates. "Ground Lease" shall mean the Ground Lease in the form attached hereto as Exhibit A, to be dated December 15, 1993, to be entered into by and between the County and the Corporation. "Lease/Purchase Agreement" shall mean the Real Property Lease/Purchase Agreement in the form attached hereto as Exhibit B, to be dated as of December 15, 1993, to be entered into by and between the Corporation, as lessor, and the County, as lessee, providing for the leasing of the Project to the County. "1987 Certificates" shall mean the $23,370,000 aggregate principal amount of Certificates of Participation, Series 1987, dated October 1, 1987, issued under a Trust Agreement, dated as of September 1, 1987, by and among the County, Signet Leasing and Financial Corporation and Signet Trust Company, as trustee. "1993 Certificates" shall mean the Certificates of Participation, Series 1993, dated December 15, 1993, to be issued under the Trust Agreement. "Project" shall have the meaning given to such term in Article I of the Lease/Purchase Agreement. '~rrust Agreement" shall mean the Trust Agreement in the form attached hereto as Exhibit C, to be dated as of December 15, 1993, to be entered into by and among the Trustee, the Corporation and the County. "Trustee" shall mean Signet Trust Company, a trust subsidiary company organized under the laws of the Commonwealth of Virginia and having its principal corporate trust office in the City of Richmond, Virginia. SECTION 2. Findings and Determinations. The Board hereby finds and determines that: (1) The leasing of the Project is presently essential to the County and is anticipated to continue to be essential to the County. (2) The representations set forth in Section 2.1 of the Lease/Purchase Agreement are true and correct on and as of the date of adoption of this Resolution. (3) The statements set forth in Section 3.4 of the Lease/Purchase Agreement accurately reflect the intention of the Board with respect to the subject 1103:5676.1 - 3 - matter thereof, subject to the qualification recited therein that the Board is not empowered to make any commitment beyond the current fiscal year of the County. (4) A Summary Notice of Sale of the 1993 Certificates (the "Summary Notice of Sale") was published on December 7, 1993, in The Bond Buyer, a financial journal published in the City of New York, New York, and a Detailed Notice of Sale of the 1993 Certificates, dated December 6, 1993 (the "Detailed Notice of Sale"), an Official Proposal Form relating to the 1993 Certificates (the "Offidal Proposal Form") and a Preliminary Offering Statement, dated December 6, 1993 relating to the Certificates (the "Preliminary Offering Statement"), were prepared and distributed to prospective purchasers of the 1993 Certificates. (5) The Summary Notice of Sale and the Detailed Notice of Sale provided that sealed proposals for the purchase of the 1993 Certificates would be received by or on behalf of the County, at Room 402, 4th Floor, Chesterfield County Administration Building, 9901 Lori Road, Chesterfield, Virginia 23832, until 11:00 A.M., Eastern Standard Time, on Wednesday, December 15, 1993, at which time and place all sealed proposals would be publicly opened. (6) Pursuant to the Detailed Notice of Sale, four (4) proposals for the purchase of the 1993 Certificates were received, each accompanied by a certified or bank treasurer's or cashiers good faith check payable to the order of the County of Chesterfield, Virginia, in the amount of $173,400, or in lieu thereof a Surety Bond as provided in the Detailed Notice of Sale. (7) The names of the bidders submitting each such proposal and the true interest cost to the County resulting from such proposal are as follows: Name of Bidder True Interest Cost Prudential Securities, Inc. Craigie Incorporated Merrill Lynch & Co. Wheat First Securities 4.19885% 4.2265225% 4.364766% 4.5836% (8) After due consideration of ali such proposals, the Board has determined that (i) Prudential Securities, Inc. (the "Purchaser") is a responsible bidder; (ii) of the proposals received, the proposal of the Purchaser (the "Proposal") is the proposal to purchase the 1993 Certificates at the lowest true interest cost to the County, determined in accordance with the provisions of the Detailed Notice of Sale; and (iii) the Proposal is the best proposal received, is in accordance with the Detailed Notice of Sale and should be accepted. (9) The Board has determined that the Proposal, being a proposal to 1103:5676.1 - 4 - purchase the Certificates at a true interest cost of 4.19885%, plus accrued interest from the date of the 1993 Certificates to the date of delivery thereof by the Trustee and payment therefor by the Purchaser, with the 1993 Certificates to bear interest at the rates per annum specified in the Proposal, shall be accepted and the 1993 Certificates shall be awarded to the Purchaser. (10) The County Administrator is hereby authorized to confirm the final principal amounts of the 1993 Certificates in accordance with the provisions of the Detailed Notice of Sale. (11) The details of the 1993 Certificates shall be as set forth in the Detailed Notice of Sale, the Preliminary Offering Statement and the Proposal of the Purchaser accepted pursuant to Section 2(i) of this Resolution. The 1993 Certificates shall be in the form set forth as Exhibit A to the Trust Agreement and shall bear interest at the rates set forth in the Proposal of the Purchaser. SECTION 3. Approval of the Form of the Ground Lease and the Terms, Conditions and Provisions Thereof; Authorization and Direction of Execution and Delivery of the Ground Lease. The form of the Ground Lease presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit A, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the holding of the public hearing required by Section 15.1-261.1 of the Code of Virginia, 1950, as amended, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Corporation the Ground Lease in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. SECTION 4. Approval of the Form of the Lease/Purchase Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Lease/Purchase Agreement. The form of the Lease/Purchase Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit B, and the terms, conditions and provisions thereof (including in particular the Base Payments required to be paid under Section 3.3(a) thereof as the same shall be set forth in Exhibit B thereto and the other rental payments required to be paid under such Section 3.3(a)) are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver to the Corporation the Lease/purchase Agreement in such form, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. 1103:5676.1 - 5 - SECTION 5. Approval of the Form of the Trust Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery_ of the Trust A~eement: Approval of Appointment of Trustee. (a) The form of the Trust Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit C, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the Trust Agreement to the Trustee and the Corporation, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. (b) The Board hereby approves the appointment of Signet Trust Company as Trustee under the Trust Agreement. SECTION 6. Approval of the Form of the Escrow Deposit Agreement and the Terms, Conditions and Provisions Thereof; Execution and Delivery of the Escrow Deposit Agreement; Approval of Appointment of Escrow Agent. (a) The form of the Escrow Deposit Agreement presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted, a copy of the form of which is attached hereto as Exhibit D, and the terms, conditions and provisions thereof, are hereby approved, ratified and confirmed, and, subject to the execution and delivery by the County of the Ground Lease in accordance with Section 3, the County Administrator or any Deputy County Administrator is hereby authorized and directed to execute and deliver the Escrow Deposit Agreement to the Escrow Agent, together with such changes as shall be approved by the County Administrator or Deputy County Administrator executing the same upon the advice of counsel to the County, such approval to be conclusively evidenced by his execution thereof. (b) The Board hereby approves the appointment of Signet Trust Company as Escrow Agent under the Escrow Deposit Agreement. (c) The County Administrator and any Deputy County Administrator is hereby authorized to execute, on behalf of the County, subscriptions for United States Treasury Obligations - State and Local Government Series or other investments encompassed by the terms "Government Securities" and "Substitute Government Securities" (as defined in the Escrow Deposit Agreement) to be purchased by the Escrow Agent from moneys deposited in the 1993 Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such United States Treasury Obligations - State and Local Government Series or other Government Securities or Substitute Government Securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. 1103:5676.1 - 6 - (d) The Board hereby approves the refunding and defeasance of the outstanding 1987 Certificates and the redemption on December 15, 1996 of the outstanding 1987 Certificates maturing on and after June 15, 1997 to and including December 15, 2001, all as contemplated by and provided for in the Escrow Deposit Agreement. SECTION 7. Offering Statement; Certificates Concerning Offering Statement; Ratification of Actions Taken With Respect to Summary_ Notice of Sale, Detailed Notice of Sale, Official Proposal Form and Preliminary Offering Statement. The delivery to the Purchaser of an Offering Statement, dated December 15, 1993, relating to the 1993 Certificates, in substantially the form of the Preliminary Offering Statement presented to the meeting of the Board at which this Resolution is being adopted (the "Offering Statement"), after the same has been completed by the insertion of the maturities, interest rates and other details of the 1993 Certificates and by making such other insertions, changes or corrections as the County Administrator, based on the advice of the County's financial advisors and legal counsel (including Bond Counsel), deems necessary or appropriate, is hereby approved; and the Board hereby approves the use by the Purchaser of the Offering Statement and the information contained therein in connection with the sale of the 1993 Certificates. The Preliminary Offering Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. The County Administrator and the Director of Accounting and the County Attorney are hereby authorized and directed to execute on behalf of the County and deliver to the Purchaser certificates in substantially the forms referred to in the Offering Statement under the caption "CERTIFICATES CONCERNING OFFERING STATEMENT". The Board ratifies the actions taken with respect to the preparation and publication of the Summary Notice of Sale and the preparation and distribution of the Detailed Notice of Sale, the Official Proposal Form and the Preliminary Offering Statement, all in the forms presented to and filed with the minutes of the meeting of the Board at which this Resolution is being adopted. SECTION 8. Tax Covenant. The County covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the 1993 Certificates. SECTION 9. Further Action of the Board and of the Official~ and Employees of the County. The members of the Board and the officials and employees of the County are hereby authorized and directed to take any and all such further action as upon advice of counsel to the County they shall deem necessary or desirable in order to carry out, give effect to and consummate the transactions contemplated by this Resolution and by the terms of the Ground Lease, the Lease/purchase Agreement, the Trust Agreement and the Escrow Deposit Agreement and by any of the documents referred to herein or therein or approved hereby or thereby including the refunding and defeasance of the 1987 Certificates and the termination of the transactions entered into in connection with the issuance of the 1987 Certificates. 1103:5676.1 - 7 - SECTION 10. Repeal of Conflicting Resolutions. All resolutions, or portions thereof, heretofore adopted by the Board which are in conflict or inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. SECTION 11. Effectiveness of Resolution. This Resolution shall be effective from and after its adoption. 1103:5676.1 - 8 - Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA 13~.e~rnher 1 q 1Q03 Item Number: Page ~- of, p- Subject: DEFERRED Consideration of amendments to the zoning ordinance limiting the sale of alcoholic beverages Count~, Administrator's Comments: CountyAdministrator: BoardAction Requested: Consideration of the attached amendments to the proposed alcohol ordinance Summaryoflnformation: On November 10, 1993, the Board held a public hearing regarding an ordinance which would require a conditional use permit for all commercial establishments seeking to sell alcoholic beverages for on-premise consumption within 500 feet of any school. The Chesterfield Planning Commission had previously recommended approval of the ordinance. After hearing public comment, the Board closed the public hearing and approved a motion to defer consideration of the ordinance until December 15, 1993 so that the County Attorney's Office could draft a modified version which would "grandfather existing businesses and existing land within 500 feet of Chesterfield County schools with zoning being transferable if the business is sold". Attached are three modified versions of the ordinance. Each version limits the applicability of the ordinance to commercial establishments located within 500 feet of a Chesterfield County school, thus the ordinance no longer applies to establishments located near private schools. All of the versions also grandfather establishments which are selling alcohol on-premises at the time that a County school is built within 500 feet of the establishment. (continued) County Attorney Attachments: Steven L. Micas Yes OOg 1000:5546.1(4757.13,.16,.17) I # [-] mo CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) Version I grandfathers any establishments that sell alcohol on-premises that are ever built on property within 500 feet of a County school and grandfathers purchasers of those businesses° The ordinance also grandfathers all commercial establishments which currently sell alcohol on-premises. Although this version most closely echoes the language proposed by the Board in its motion, it would mean that no business would ever be required to obtain a conditional use permit to sell alcohol on-premises within 500 feet of a County school and renders the ordinance substantively equivalent to current zoning requirements. Version II grandfathers any establishments that subsequently begin to sell alcohol on-premises or that are subsequently built and begin to sell alcohol on-premises on property which is currently zoned for on-premise alcohol sales and grandfathers purchasers of those businesses. The ordinance also grandfathers all commercial establishments which currently sell alcohol on-premises. This ordinance would protect existing establishments that subsequently begin selling alcohol and new businesses that sell alcohol only if they are located on property which is zoned for on-premise alcohol sales today. This version would require any establishment seeking to sell alcohol on- premises which locates on property that needs to be rezoned to obtain a conditional use. Version III grandfathers establishments which currently sell alcohol on-premises and purchasers of those businesses. It will not protect any establishments that subsequently begin to sell alcohol on-premises on property within 500 feet of a County school. 1000:5546.1 (4757.13,16,. 17) # 009 Version I AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-67.1 AND BY ADDING A NEW SECTION 21.1-243.2 RELATING TO SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County that: (1) That Division 11.1 of the Code of the County of Chesterfield, 1978, as amended, is amended to read as follows: DIVISION 11.1. SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (2) That Section 21-67. 1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21-67.1. Generally. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated by the county. (b) Any commercial establishment which applies for an alcoholic beverage license from the Virginia Alcohol Beverage Control Board shall, immediately uDon filing such application, notify the director of planning that such application has been filed. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board and which is situated after the effective date of this ordinance on a piece of real property which is located within 500 feet of a school which is owned or operated by the county shall become a non- conforming use. solely by virtue of the provisions of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold 1000:4757.13 -1- Version I to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board on the effective date of this ordinance shall become a non-conforming use solely by virtue of the enactment of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. {e) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (f) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (3) That Section 21.1-243.2 of the Code of the County of Chesterfield, 1978, as amended, is added to read as follows: Sec. 21.1-243.2. Use limitations; sale of alcoholic beverages near schools. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated by the county. (b) Any commercial establishment which applies for an alcoholic beverage license from the Virginia Alcohol Beverage Control Board shall, immediately upon filing such application, notify the director of planning that such application has been filed. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the surveyor's 1000:4757.13 -2- 011 Version I certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board and which is situated after the effective date of this ordinance on a piece of real property which is located within 500 feet of a school which is owned or operated by the county shall become a non- conforming use. solely by virtue of the provisions of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board on the effective date of this ordinance shall become a non-conforming use solely by virtue of the enactment of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (e) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (f) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (4) This ordinance shall become effective immediately upon adoption. 1000:4757.13 -3- 012 Version II AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-67.1 AND BY ADDING A NEW SECTION 21.1-243.2 RELATING TO SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County that: (1) That Division 11.1 of the Code of the County of Chesterfield, 1978, as amended, is amended to read as folio ws: DIVISION 11.1. SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (2) That Section 21-67. 1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21-67.1. Generally. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated by the county. {b) Any commercial establishment which applies for an alcoholic beverage license from the Virginia Alcohol Beverage Control Board shall, immediately upon filing such application, notify the director of planning that such application has been filed. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license- from the Virginia Alcohol Beverage Control Board on the effective date of this ordinance or which subsequently obtains an alcohol' beverage license from the Virginia Alcohol Beverage Control Board and is situated on real property that was properly zoned for such use on the effective date of this ordinance, shall become a non- conforming use solely by virtue of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, 1000:4757.16 -1- 013 Version II a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. {d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (e) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (3) That Section 21.1-243.2 of the Code of the County of Chesterfield, 1978, as amended, is added to read as follows: Sec. 21.1-243.2. Use limitations; sale of alcoholic beverages near schools. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated by the county. (b) Any commercial establishment which applies for an alcoholic beverage license from the Virginia Alcohol Beverage Control Board shall, immediately upon filing such application, notify the director of planning that such application has been filed. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than .500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment tO any such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board on the effective date of this ordinance or which subsequently obtains an alcohol beverage license from the Virginia Alcohol Beverage Control Board and is situated on real property that was properly zoned for such use on the effective date of this ordinance, shall become a non- 1000:4757.16 -2- 014 Version II conforming use solely by virtue of the enactment of this ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is s01d to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commerci01 establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law, or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (e) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (4) This ordinance shall become effective immediately upon adoption. 1000:4757.16 -3- 015 Version III (d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. (e) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (3) That Section 21. 1-243.2 of the Code of the County of Chesterfield, 1978, as amended, is added to read as follows: Sec. 21.1-243.2. Use limitations; sale of alcoholic beverages near schools. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic. beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within §00 linear feet of a school which is owned or operated by the county. (b) Any commercial establishment which applies for an alcoholic beverage license from the Virginia Alcohol Beverage Control Board shall, immediately upon filing such application, notify the director of planning that such application has been filed If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board on the effective date of thi.~ ordinance shall become a non-conforming use solely by virtue of the enactment of thi~ ordinance, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. 1000:4757.17 -2- 017 Version III (d) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law {e) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (4) This ordinance shall become effective immediately upon adoption. 1000:4757.17 -3- 018 Version AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-67.1 AND BY ADDING A NEW SECTION 21.1-243.2 RELATING TO SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County that: (1) That Division 11.1 of the Code of the County of Chesterfield, 1978, as amended, is amended to read as follows: DIVISION 11.1. SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (2) That Section 21-67. 1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21-67.1. Generally. (a) Notwithstandin~ anv provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic. beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated bv the county and which is built after December 15, 1993. .(b) As part of its regular review of all business license applications, the director of planning, or his designee, shall determine whether a c0mm~r(;ial establishment which has applied for a business license intends to sell alcoholic beverages for 0n- premise consumption and whether it is located within 500 linear feet of a school which is owned or operated by the county. If the director of plannin~ or his designen cannot determine with a reasonable degree of certaintv whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall re(~uire, and the commercial establishment shall provide, a certification from a registered survev0r ~0nfirming the distance from the commercial establishment to anv such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that th,~ establishment is within 500 linear feet of a school which is owned or operated bv thc county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virqinia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use or be required tO obtain a 1000:4757.13 -1- Version conditional use permit solely by virtue of the location of such school, so 10ng as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided bY law, (d) The distances _prescribed in this section shall be measured by extending straight line from the nearest _orooerW line of the establishment selling alc0holi(~ beverages to the nearest property line of the school. (3) That Section 21.1-243.2 of the Code of the County of Chesterfield, 1978, as amended, is added to read as follows: Sec. 21.1-243.2. Use limitations; sale of alcoholic beverages near schools. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia. for on-premise Consumoti0n, within 500 linear feet of a school which is owned or operated bY the county and which is built after December 15, 1993. (b) As part of its regular review of all business license applications, th.e dire(;t0r of planning, or his designee, shall determine whether a commercial establishment which has applied for a business license intends to sell alcoholic beverages for on- premise consumption and whether it is located within 500 linear feet of a school which is owned or operated by the county. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which i8 owned or operated bv the county, the planning director shall rec~uire, and the commercial establishment shall provide, a certification from a registered survevor confirming tha distance from the commercial establishment to anv such school. If the commercial establishment fails to provide the surveyor's certification, it shall be oresumed that the establishment is within 500 linear feet of a school which is owned or operated bv the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which i8 owned or operated by the county locates within 500 linear feet ~f the commercial establishment shall become a non-conforming use or be reouired to obtain a conditional use permit solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law, 1000:4757.13 -2- Version (d) The distanCes prescribed in this se~llion shall be measured bv extending a straight line from the nearest oroDertv line of the establishment sellin_a alcoholic beverages to the nearest property line of the school. (4) This ordinance sha# become effective immediately upon adoption. 1000:4757.13 -3- Chesterfield Coun~ 1~1 S. Pro~dence Rd. ~c~ond, VA ~6 (~) 276.3~3 Management Se~es '~eaching Out ~ Othe~ To S~ His ~ve." November 15, 1993 Mr. Harry Daniel Chesterfield County Board of Supervisor P.O. Box 40 Chesterfield, VA 23832 Dear Mr. Daniel: I would like to thank you for your affirmative vote concerning the ordinance banning alcohol within 500 yards of school areas. I understand that there are some provisions concerning this ordinance. Due to our church's annual business meeting, the parents of youth were unable to attend last night's supervisors meeting. Otherwise, I feel there would have been a show of concerned parents from Bethany Place. If possible, I would like to be kept informed of upcoming issues concerning schools, or areas that could relate to youth in the future. I need to make our people aware of concerning issues in advance so that parents of my youth can make preparation to attend. I would also like more information on the provisions of this ordinance concerning alcohol. Once again, thank you for casting a consev:ative vote on an issue that ,,,m,,l~ protect our youth in Chesterfield County. Sincerely, Randy Bonner Youth Minister RB/lps Garvin C. Martin Pastor H. D. Harman Minister of Education and Administration Mark Lancaster Minister of Music Randy Bonncr Miniclnr nf Ynnth Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA ~ q ~oo~ Item Number: Page 1 of! Subject: 'DEFERRED Consideration of legislative request relating to the cutting of trees County Administrator's Comments: Count~,Administrator: ,~~ BoardAction Requested: Summary of Information: Attached is a copy of the 1994 Legislative Program as amended by the Board at the November 23, 1993 meeting. The Board deferred making a decision on Item 26 relating to the removal of trees until this meeting. Preparer: ~ ~~L~itle: Steven L. Micas Attachments: Yes V--] No County Attorney 0800:5586.1(5114.5) 26. Amend § 10.1-560 of the Code of Virainia, the State Erosion and Sediment Control Law, to permit localities to environmentally protect the removal of trees (except for disease eradicati.on) when it is part of real estate, development. Rational~e.' State law curren[~y exempts all timbering activity (the removal of trees to stump level) from erosion control regulation. This exemption applies whether the timbering is part of an ongoing forestry operation ("forestry timbering") or whether the timbering is the first step in clearing land to develop property ("development timbering"). The County has not experienced sedimentation problems with forestry timbering, which is adequately regulated by the state Department of Forestry. The County has, however, experienced sedimentation problems with development timbering, which is not currently regulated by any mandatory program. Recently, the Environmental Engineer began attempting to have developers voluntarily install erosion and sedimentation devices before they timber land for development in order to minimize sedimentation problems. We are optimistic that most developers will cooperate with this voluntary program. However, in order for development timbering to be regulated as part of a mandatory erosion control program that will minimize sedimentation in the County, the state exemption must be amended. The proposed amendment would not change the manner in which forestry timbering is currently regulated by the state Department of Forestry. State erosion control officials have indicated to staff that they believe that the state erosion control exemption was only intended to cover forestry timbering, and that the exemption was written using overly broad language that has inadvertently resulted in exempting development timbering as well. (To be considered by the Board at the December 15, 1993 meeting.) 020 1994 LEGISLATIVE PROGRAM CHARTER AMENDMENTS Amend the County Charter to provide that newly appointed School Board members serve terms to run concurrently with the terms of Board members. New appointments will be made for shorter time periods based on the election cycle until all members' terms run concurrently. Rationale: Presently, these two boards do not have concurrent terms and School Board members appointed by previous Board members often remain in service for several years after new Board members have been elected. This amendment would correct this problem by providing parallel terms for members of both Boards. Amend § 6.12 of the County Charter to permit a city or county's Internal Auditor to (1) review the accounts and records of constitutional officers other than the Clerk of the Circuit Court regarding revenues derived from County activities and (2) conduct performance or management audits of constitutional officers for county-related revenue. Amend § 58.1-3 to insure confidentiality of any records reviewed by the internal auditor. Rationale: Constitutional officers may voluntarily submit their accounts and records to the Internal Audit Department for review. All constitutional officers are now audited by independent auditors with the internal auditor as part of the independent audit in accordance with Auditor of Public Accounts standards. This proposed amendment would permit the County itself to audit certain constitutional officers and would restrict the review to only those accounts and records which relate to local activities while continuing to protect the confidentiality of those records. 1000:5114.5 -1- (12/9/93) 021 Amend the County Charter to provide for a separately-recognized Department of Economic Development and a Director of Economic Development (request of Chesterfield Business Council, Rationale: The Charter, at present, does not list a Department of Economic Development. It is felt that there is a definite need for increased economic development and the elevation of this department would enhance business development and growth. Amend Section 6.6 of the Charter to include the Director of Department of Economic Development among County officials who meet periodically to coordinate the financial needs of the County (request of Chesterfield Business Council). Rationale: Members of the Governance Committee of the Chesterfield Business Council feel it would be helpful to Economic Development efforts, as well as the general well-being of the County, to add this position to those officials presently listed in the Charter, Amend Section 4.2 of the County Charter to provide for the appointment of Deputy County Administrators by the County Administrator upon the approval of the Board of Supervisors. Rationale: This is a request from the Governance Committee of the Chesterfield Business Council. 1000:5114.5 -2- (12/9/93) O22 REQUESTS THAT REQUIRE A PUBLIC HEARING None. 1000:5114,5 -3- (12/9/93) 023 ADMINISTRATION OF GOVERNMENT Amend § 65.2-102 of the Code of Virginia to require that secondary employers of off-duty police officers, sheriff's deputies or firefighters must provide workers' compensation coverage only in those circumstances where the officer is performing work at the direction of the secondary employer. Rationale: The Code of Virginia was amended in 1993 to provide that workers' compensation coverage is available to off-duty firefighters or police officers who undertake a law enforcement or rescue activity. An off-duty officer moonlighting as a security guard could be construed to be undertaking a law enforcement activity and Chesterfield could be required to provide coverage if such an officer is injured. The proposed amendment clarifies that the officer or firefighter is the employee of the off-duty employer for purposes of workers' compensation when he is performing work at the direction of the secondary employer. Amend § 15.1-9.1:1 of the Code of Virginia to clarify that the County Attorney and his assistants may prosecute violations of the Uniform Statewide Building and Fire Codes in accordance with agreements with the Commonwealth's Attorney, Rationale: A recent Attorney General's opinion has questioned whether a County Attorney can prosecute violations of Building and Fire Codes. Presently, the Chesterfield County Attorney's office prosecutes these violations. This proposed amendment clarifies that they may continue to do so so long as the Commonwealth's Attorney agrees and enters into a cooperative agreement. 98. Amend § 8.01-261(2) to provide that preferred venue for civil suits against local government employees is the locality where the injury occurs. Rationale: Plaintiffs are now regularly suing Chesterfield officials in the City of Richmond for automobile accidents that occur in Chesterfield County during official business merely because a passenger in the car may live in the city or regularly engage in business in the city. Chesterfield accidents involving Chesterfield officials should be properly heard by Chesterfield juries who are most familiar with circumstances within the County. 109. Amend § 11-54(A) of the Code of Virginia to require that a bidder submit original work papers along with its bid if the bidder wishes to withdraw its bid due to a mistake. 1000:5114.5 -4- (12/9/93) 024 Rationale: This code section provides that a public body may select one of two procedures to use when a bidder wishes to withdraw a bid due to a clerical or mathematical error. In order to determine whether the bidder legitimately made a mistake, the public body must review the bidder's original work papers. Chesterfield County uses procedure one which requires the bidder to give notice in writing of his claim to withdraw his bid within two business days of the bid opening but does not specify a due date for original work papers. A recent Chesterfield Circuit Court ruling held that the public body cannot specify when work papers must be submitted under procedure one. Chesterfield currently requires the papers to be supplied with the withdrawal notice under procedures one. 1000:5114.5 -5- (12/9/93) 025 BUDGET AND FINANCE 1110. Amend § 59.1-279 of the Code of Virginia to permit businesses within an Enterprise Zone to qualify for tax incentives if 50% of their gross receipts are attributable to the active conduct of their trade or business within their own enterprise zone or any other enterprise zone within the Commonwealth. Rationale: Currently, tax incentives are only awarded to businesses which can certify that 50% of their gross receipts are attributable to the active conduct of their trade or business within their Enterprise Zone. This amendment would reward businesses with gross receipts from any Enterprise Zone, thus furthering the reach of this program. 1211. Amend the Code of Virginia to permit localities to provide differential tax rates for real estate, personal property or machinery and tools for businesses within an Enterprise Zone. Rationale: Enterprise zone statutes specifically mention the opportunity to reduce business license taxes and fees but are silent as to the abiliW to reduce other taxes. These more significant taxes are frequently necessary to induce businesses into enterprise zones. 1312. Amend the Public Procurement Act to provide that a Iocality's procurement ordinances may permit a local preference in the event of a tie bid. Rationale: Current law provides for a limited preference opportunity for State bids but does not allow localities to create a local preference in the event of a tie bid. This change would allow localities to reward those businesses that are located within the community by insuring their preference in the event of a tie bid. [Requested by Chesterfield Business Council.] Amend § 46.2-749.4 of the Code of Virginia to allow a local governing body to adopt a resolution, after a public hearing, to request the Commissioner of DMV to issue special license plates whose design incorporates the seal or logo of the local government. Rationale: In 1993, the General Assembly passed legislation which authorizes the Commissioner of DMV to issue special license plates whose design incorporates the seal, symbol, emblem or logotype of any county or city. The regular license fee plus $25 must be paid in order to 1000:5114.5 (12/9/93) -6- 026 1514. purchase a special plate and $15 from each purchase of 1,000 is given to the locality. However, before the Commissioner can design and issue the special plates, a minimum of 1,000 paid applications must be received. This amendment would allow the Commissioner to design and issue the plates upon authorization of the local governing body after a public hearing. Amend § 58.1-3516(a) of the Code of Virginia to permit localities to exclude trailers as well as boats from the requirement to prorate personal property taxes. Rationale: The State Code permits the proration of personal property for vehicles, boats and trailers. Chesterfield County now prorates personal property for motor vehicles only. The County does not prorate boats and trailers because such an assessment basis is not cost effective. This code change would give localities the ability to choose what proratable personal property it elects to prorate. 1000:5114.5 (12/9/93) -7- 02'2 BUDGET AND FINANCE I~15. Amend § 30-1903 of the Code of Virginia to require than any legislative or regulatory mandate be accompanied by a fiscal impact analysis showing the financial impact on localities. Rationale: This amendment would extend the requirement for a fiscal impact analysis to any mandate either legislative or regulatory. It is hoped that such a practice would reduce the passage of additional unfunded mandates. 1716. Amend the 1994-96 Appropriations Act to provide $65,000 in State funding for a fire prevention (sprinkler) system at Eppington. Rationale: Eppington is an important Colonial residence where Tom Thomas Jefferson's daughter was raised and was visited frequently by Jefferson which requires a fire prevention system in order to protect the structure. Chesterfield Parks and Recreation Department is applying for a grant from the State Department of Historic Resources which would provide 50% of the funding. The grant specifies that an amendment to the State budget is required to receive the State funds. -t-817. Amend § 15.1-33.2 to provide for the indexing of the $50.00 per meeting payment for advisory boards. Rationale: Current legislation limits payment to members of advisory committees to $50.00 per meeting. In order to avoid future changes by the General Assembly, the statute should permit local governments to index the $50.00 payment based on the change in the Consumer Price Index. 1000:5114.5 (12/9/93) -8- 025 PLANNING AND COMMUNITY DEVELOPMENT Add a section to the Code of Virginia to permit localities to accept cash proffers from developers when they submit their subdivision plat for review. Rationale: Presently, Virginia law allows the County to accept cash proffers to be used for public facilities in connection with rezoning. Chesterfield has implemented a cash proffer policy with regard to residential rezoning. This system has worked well for the County but has limited application. This proposed section would broaden the reach of the cash proffer policy by allowing localities to accept cash proffers at the subdivision approval stage and will ensure that the funds for facilities necessitated by the subdivision are provided for by the subdivision. 2119. Adopt a provision requiring home builders to provide a performance bond to be used to correct deficiencies in the home found within one year of completion. Rationale: There is no statutory provision which requires home builders to provide performance bonds to be used to correct deficiencies found in new homes. When defects are discovered, some builders are unwilling to make corrections and by declaring bankruptcy can also avoid responsibility. 2220. Amend the Code of Virginia to provide that the general home warranty and the foundation warranty cannot be waived by a home buyer and that the warranties are automatically assigned to the first occupant of the home. Rationale: The builder is often the first record owner of a home and the warranties attach at that time. The warranties lapse when the first record owner sells the home, thus the first occupant, the home buyer, may be left without warranty protection. In addition, some builders require the home buyer to sign a warranty waiver at closing, again leaving the home buyer without protection. This change would protect the home buyer who actually occupies the home by insuring that they receive the warranty protection to which they are entitled. In addition, the statute would exempt a bank or other secured creditor from the waiver restrictions. 1000:5114.5 (12/9/93) -9- O29 2422. 2523. Permit local governments to hold new building permits of a builder for up to six months if the builder has not repaired any Building Code deficiencies determined by the Building Official to have occurred in the last five years under the then-existing Code, Rationale: This action would give local governments the leverage needed to require the repair of Building Code deficiencies while limiting the exposure to a reasonable period of time. Amend the Code of Virginia to permit direct allocation of Congestion Mitigation Air Quality Funds ("CMAQ") to localities so that the locality can accelerate the design, right of way acquisition, and construction of CMAQ projects. Rationale: Currently the Metropolitan Planning Organization ("MPO") designates CMAQ projects that are to receive funding in the respective non-attainment areas. The projects are approved by the MPO, VDOT, the Federal Highway Administration ("FHWA") and Federal Transit Administration ("FTA"). Once approved, the implementation of the projects is left up to VDOT. If localities are authorized legislatively to implement the projects after receiving MPO, VDOT, FHWA, and FTA approval, the projects could be implemented more quickly. Amend § 33.1-72.1 of the Code of Virginia to eliminate the "non- speculative interest" certification VDOT requires localities to make on rural addition projects. Rationale: VDOT's administrative interpretation of what constitutes "speculative interest" on rural addition projects is so restrictive (basically any time someone owns two (2) parcels of property, whether the person is a "developer" or not, VDOT has ruled that speculative interest exists and, therefore, the "developer" must pay part of the cost of the rural addition project), that it is very difficult to proceed with legitimate rural addition projects. The elimination of the "non-speculative interest" certification would remove this obstacle and leave the authority to the Board of Supervisors ("BOS") to decide which projects should receive rural addition funding. 1000:5114.5 (12/9/93) -10- 03U -2624. Amend § 33.1-75.1 of the Code of Virginia to grant localities desiring to do so the authority to proceed with the design, right of way acquisition, and construction of road projects once the allocation of funds to the project is approved by the CTB. Other "restrictive clauses" relating to time of completion of a project should also be removed. Rationale: Currently, Chesterfield must request VDOT to allow it to proceed with the design, right of way, or construction of a road (formerly known as "revenue sharing") project. VDOT must determine that they cannot proceed with the project in a timely fashion before the County can assume responsibility for the project. This "determination" often adds significant delay to the project. In addition, the Code's current language is overly restrictive regarding time of completion of a project. Most road projects are more complex today than in years past and require more time to complete. The time restriction should be removed. 2725. Amend § 33.1-221 of the Code of Virginia to prohibit VDOT from requiring, unless requested by the BOS, an industrial access road to be constructed as a four lane or greater roadway because of future development traffic. Rationale: For years, VDOT's practice was to provide funding for two lane industrial access roads only. Recently, VDOT changed their administrative practice and has ruled an industrial access project in Chesterfield must be constructed as a four lane road because of traffic generated by "future development." Since VDOT funding is inadequate to cover the cost of a four lane road, imposing this requirement on the initial phase of an "industrial park" creates a financial hardship on the County and economic development prospects. The BOS should be granted the authority to determine what type of road should be provided to serve a new industry. ~O Amend § 10.1-560 of the Code of Virginia, the State Erosion and Sediment Control Law, to permit localities to environmentally protect the removal of trees (except for disease eradication) when it is part of real estate development. 1000:5114.5 (12/9/93) -11- 03i ~d:J27. ~,.,,j ............. f ..... s State law currently exempts all timbering activity {the removal of trees to stump levell from erosion Control regulation. This exemption applies whether the timbering is part of an ongoing forestry operation {"forestry timbering"l or whether the timbering is the first steP in clearing land to develop property {"development timbering"). The County has not experienced sedimentation problems with forestry timbering, which is adequately regulated by the state Department of Forestry. The County has, however, experienced sedimentation problems with development timbering, which is not currently re_oulated by any mandatory program. Recently, the Environmental Engineer began attempting to have developers voluntarily install erosion and sedimentation devices before they timber land for development in order to minimize sedimentation problems. We are optimistic that most developers will cooperate with this voluntary program. However, in order for development timbering to be regulated as part of a mandatory erosion control program that will minimize sedimentation in the County, the state exemption must be amended. The proposed amendment would not change the manner in which forestry timbering is currently regulated by the state Department of Forestry. State erosion control officials have indicated tO staff that they believe that the state erosion control exemotion was only intended to cover forestry timbering, and that the exemotion was written using overly broad languaoe that has inadvertently resulted in exempting development timbering as well. {To be considered by the Board at the December 15, 1993 meeting.) Amend Code of Virginia to permit zoning inspectors, after written notice of a violation, to issue a court summOns to individuals who violate the zoning ordinance. Rationale: Prior to the issuance of a summons, the property owners would receive written notification of the zoning violation and would have refused to take corrective action. The enforcement process is currently delayed for up to 3 - 4 weeks because the summonses are served by sheriff's deputies. 1000:5114.5 (1 2/9/93) -12- 032 3129. Amend State law to prevent businesses from cashing checks at a discounted amount if their primary business is not check cashing. Rationale: Some businesses cash large checks at a discounted amount (generally 98% of face value) when those checks are not used to purchase the primary product of that business, Since a high percentage of these checks are dishonored or forged, police departments spend a considerable amount of time locating the check writer when the business swears out a "bad check" warrant, Since these businesses charge a fee in addition to paying a discounted amount while using a free "location" service (police department); the businesses can still make money knowing that a high percentage of those checks (up to $20,000 face amount) will be dishonored, Amend State law to permit complete privatization of the building inspection program by removing the statutory duty of the County to enforce USBC Rationale: If privatization for the building inspection provides certain efficiencies, it would only be legally and financially feasible if the County was exempted from the duty to enforce the USBC 1000:5114.5 (12/9/93) -13- 033 LEGISLATION TO SUPPORT/OPPOSE 3230. Support funding for the development of Phase I of the John Tyler Community College, Midlothian campus. Rationale: The County and VDOT have made a significant financial contribution tot he development of a Midlothian Campus for John Tyler Community College. The college expansion is necessary to meet student demands in the area and will serve a number of localities in the region. Support State appropriations to aid Virginia Commonwealth University's undergraduate engineering school and biomedical park. Rationale: Chesterfield has already contributed to the Virginia Biomedical Research Park and, because of the industry located in the County, has a strong interest in the development of an undergraduate engineering school for the Richmond area. -3~32. Support the capital improvement program for Virginia State University ("VSU"). Rationale: The construction projects approved as part of the higher education bond package for VSU should be undertaken as soon as practical. 3533. Support legislation which would eliminate the use of poll books on Election Day and replace them with printed Registered Voter Lists. Rationale: After each election, the Registered Voter Lists, poll books and the list of those who voted must be reconciled to ensure that each voter receives credit for voting. Currently, when a voter appears at the polls, an "X" is marked by his name on the Registered Voter List and his name is written in the poll book by order of appearance. Under this legislation, the poll book would be eliminated and the voter would sign his name on the Registered Voter List. This legislation would eliminate the time- consuming task of comparing the names on the Registered Voter List to the non-alphabetized poll book and allow the registrars to compare two alphabetized documents. Support legislation which eliminates the conflict between the National Voter Registration Act and Virginia election law. 1000:5114.5 (12/9/93) -14- 034 3735. 3836. -"3937. Rationale: The recently enacted federal National Voter Registration Act, commonly known as the Motor Voter Act, allows people to register to vote for federal elections at their local DMV without giving oath in person. The Virginia Constitution requires all voters to register in person and give oath. If the Virginia Constitution is not amended to parallel the Motor Voter Act, then citizens who register through their DMV will only be eligible to vote in federal elections and will not be permitted to vote for state and local candidates or issues. Furthermore, the registrar will be required to keep two separate voter lists, a confusing and time- consuming activity. In order to amend the Virginia Constitution, the General Assembly needs to pass this legislation two times with an election year in between and then it must be placed on the ballot for a public vote. The amendment has passed the General Assembly once and will be before them again this year. Support any legislation providing for specific penalties to be applied to juveniles who escape or attempt to escape from secure detention facilities. Rationale: Adult who escape from prison are subject to specific penalties which may act as a deterrent. There is no correlative in the juvenile justice system. Specific penalties may deter juveniles from attempting to escape. Support legislation to require that juveniles who have been adjudicated adults serve their sentence in adult facilities. Rationale: Many juveniles who have been adjudicated adults still serve their time in juvenile facilities. Since these juveniles are often more violent and sophisticated, they should be housed separately so they cannot influence or harm other juveniles. Support VACO's position on the courthouse maintenance fee bill that must be reenacted in the 1994 Legislative Session. This bill extends the $2.00 courthouse fee for construction, renovation and maintenance to civil proceedings, in addition to traffic penalties. VACO further urges that the total permissible fees on all cases be increased to no less than $6.00. Rationale: This is needed because local governments must provide facilities and equipment for the new family court structure. 1000:5114.5 (12/9/93) -15- 035 4938. Oppose any reductions in aid to localities from the State without reduction or elimination of unfunded State mandates. Rationale: State officials have indicated that reductions in aid to localities are possible as a means of balancing the State budget. Local governments oppose any further cost shifting without reductions or eliminations of unfunded State mandates. 4-~39. Oppose any legislation which would require a IocaliW to pay compensation for a regulatory taking of private property if less than 100% of the owner's interest in the property is taken. Rationale: A recent U.S. Supreme Court decision has reaffirmed that governmental actions that do not formally invoke the condemnation power may result in a taking of property for which just compensation is required under the U.S. Constitution, but only if the regulations have deprived the landowner of all economically beneficial uses of the property. A requirement that compensation be paid for a regulatory taking of less than all of the property would inhibit localities from implementing necessary laws and regulations and could result in needless litigation every time an ordinance or zoning change is approved. Oppose any Growth Strategies legislation that would encroach upon the rights of localities to make land use decisions. Rationale: The Growth Commission plans to introduce two pieces of legislation in 1994, (1) will require state agencies to work closely in strategic planning and (2) would direct the state to have a coordinated computerized data system. Local governments support these two goals but would oppose any legislation that encroaches on local land use decisions. 4-341. Oppose legislation requiring separation of pre- and post-dispositional juveniles in local detention facilities and support any legislation preventing post-dispositional juveniles from being sent to local facilities. Rationale: Currently, very few post-dispositional juveniles are housed in County detention facilities. Even so, this statute would require an expensive renovation of the current facilities to allow for separation of those few juveniles and funds are unavailable for such a renovation. Furthermore, local facilities are not equipped to handle post-dispositional juveniles and any legislation which would prevent such juveniles from being sent to local facilities should be supported. 1000:5114.5 (12/9/93) -16- 036 REPLACEMENT 6.B. 65. Amend the County Charter to provide for a Separately-recognized Department of Economic Development and a Director of Economic Development (request D ~ Governance Committee of the Committee on the Future (of the Chesterfield Business Council). Rationale: The Charter, at present, does not list a Department of Economic Development. It is felt that there is a definite need for increased economic development and the elevation of this department would enhance business development and growth. Amend Section 6.6 of the Charter to include the Director of Department of Economic Development among County officials who meet periodically to coordinate the financial needs of the County (request of Chesterfield Business Council). Rationale: Members of the Governance Committee of the Chesterfield Business Council feel it would be helpful to Economic Development efforts, as well as the general well-being of the County, to add this position to those officials presently listed in the Charter. Amend Section 4.2 of the County Charter to provide for the appointment of Deputy County Administrators by the County Administrator upon the approval of the Board of Supervisors. Rationale: This is a request from the Governance Committee of the Chesterfield Business Council. 1000:5114.6 -2- (12/13/93) 022 REPLACEMENT 6.B. 2321. -2-422. Permit local governments to hold new building permits of a builder for up to six months if the builder has not repaired any Building Code deficiencies determined by the Building Official to have occurred in the last five years under the then-existing Code, Rationale: This action would give local governments the Icvcrc§c nccdcd opportunity to require the repair of Building Code deficiencies while limiting the exposure to a reasonable period of time. Amend the Code of Virginia to permit direct allocation of Congestion Mitigation Air Quality Funds ("CMAQ") to localities so that the locality can accelerate the design, right of way acquisition, and construction of CMAQ projects. Rationale: Currently the Metropolitan Planning Organization ("MPO") designates CMAQ projects that are to receive funding in the respective non-attainment areas. The projects are approved by the MPO, VDOT, the Federal Highway Administration ("FHWA") and Federal Transit Administration ("FTA"). Once approved, the implementation of the projects is left up to VDOT. If localities are authorized legislatively to implement the projects after receiving MPO, VDOT, FHWA, and FTA approval, the projects could be implemented more quickly. Amend § 33.1-72.1 of the Code of Virginia to eliminate the "non- speculative interest" certification VDOT requires localities to make on rural addition projects. Rationale: VDOT's administrative interpretation of what constitutes "speculative interest" on rural addition projects is so restrictive (basically any time someone owns two (2) parcels of property, whether the person is a "developer" or not, VDOT has ruled that speculative interest exists and, therefore, the "developer" must pay part of the cost of the rural addition project), that it is very difficult to proceed with legitimate rural addition projects. The elimination of the "non-speculative interest" certification would remove this obstacle and leave the authority to the Board of Supervisors ("BOS") to decide which projects should receive rural addition funding. 1000:5114.6 (12/13/93) -10- 030 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15r 1993 Item Number: Page ~__of ~ 6oCo Subject: Deferred Nominations to Boards and Committees with Terms Expiring Through December 31, 1993 County Administrator's Comments: CountyAdministrator: ~~ BoardAction Requested: Summary oflnformation: The following is a list of nominations deferred from the Board meeting on November 23, 1993. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless rules are suspended by a unanimous vote of the Board. Nominees are voted on in the order in which they are nominated. CHESTERFIELD/COLONIAL HEIGHTS COMMUNITY CORRECTIONS RRSOURCE~ BOARD (CDX) *Ms. Deloris Jackson, representing County at large **Mr. Samuel R. Furcron, alternate Each has declined reappointment. Appointment of an alternate is at the discretion of the Board. Preparer: Theresa M. Pitts Attachments: Y~$ ~ No Title: Clerk to Board of Supervisors 037 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) Terms for new members will be effective January 1, 1994 and expire December 31, 1995. COMMUNITY SERVICES BOARD Bermuda District Ms. Betty M. Beverly Ineligible for reappointment. Midlothian District Mr. Peter C. Ward Ineligible for reappointment. Terms will be effective January 1, 1994 and expire December 31, 1996. It is Mr. McHale's intention to nominate Dr. Carolyn S. Cockrell, representing Bermuda District. See attached. MAYMONT FOUNDATION Ms. Pamela M. Womack, representing County at large. Ms. Womack has expressed a desire to continue serving. Term will be effective January 1, 1994 and expire December 31, 1994. PERSONNEL APPEALS BOA~n Dr. William S. Edmonds, representing County at large Dr. Edmonds has declined reappointment. Term for the new member will be effective January 1, 1994 and expire December 31, 1996. 038 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA IIII II [I II I I ~ I1[ I r Iiiiiiiiiiii Page .3 of ,3 Summary of Information: (Continued) SOLID WASTE ADVISORY COMMITTEE Clover Hill District Mr. Bill Barthlow Mr. Hugh C. Hawthorne Dale District Mr. Ray L. Cash Mr. John Vogt Midlothian District Ms. Jill Quinley Staff has contacted each member regarding their willingness to continue serving and is waiting on responses. Terms will be effective January 1, 1994 and expire December 31, 1994. 039 Nov~nber 29, 1993 Mr. Jack MCHalo 5641 Teterling Court Chester, Virginia 23831 Dear Jack: I have enclosed a C.V. put together in a hurried fashion. I haven't had much need for one until now, so please forgive me for its less than polished appearance, ffyou're seeking further information, just give me a call. I enjoyed meeting Burr Lowe and am looking forward to attending the CSB's meeting on December 16. My immediate goal is to become well-versed in the agency's programs as soon as possible so that I may assume an active role. Please advise me on how I may best serve you, and the people in our county, in my capacity as a Board member. Once again, thank you for nominating me to the CSB. I am hopeful that there will be no objections to my appointment. Sincerely yours, Carolyn Cockrell VITA November 28, 1993 NAME: Carolyn S. Cockrell ADDRESS: 5830 Turkey Oak Road Richmond, Virginia 23237 PHONE: 796-1811 DATE OF BIRTH: 02/06/56 SOCIAL SECURITY NUMBER: 223-72-2856 MARITAL STATUS: married to Charles H. Cockrell, M.D. since 1980 CHILDREN: John (7) and Hannah (2) EDUCATION: Ph.D. in Clinical Psychology from VCU awarded in 1991; Dissertation title: The Role of Separation-lndividuation and Family Environment in Predicting Psychological Adjustment in College Women M.S. in Clinical Psychology from VCU awarded in 1987; Thesis title: Developmental Aspects of Children's Knowledge About Pain and Coping B.S., cum laude, in Biology from Westhampton College of the University of Richmond in 1978 EMPLOYMENT: Currently, I am a homemaker. 1990-1991 Westhampton Associates (private child and family psychotherapy practice in Richmond, VA) 1989-1990 Psychology Intern at the Virginia Treatment Center for Children, now part of MCV 1978-1984 Research Specialist, Departments of Medicine and Pharmacology at MCV MEMBERSHIP IN PROFESSIONAL/COMMUNITY ORGANIZATIONS: 1991 to present - American Psychological Association 1991 to present- Junior Federated Woman's Club of Chester (currently First Vice-President) 1991 to 1993- Ecoff Elementary School Council (Secretary) 1993 - Chesterfield PAGE (Parents Advocating Gifted Education, currently, Secretary) 1991 to present- Ecoff Elementary PTA St. John's Episcopal Church 04t Cockrell Vita Page 2 PUBLICATIONS/PRES ENTATIONS: 1992- dissertation research presented during an invited poster session of the division of Family Therapy at the American Psychological Association Centennial Convention 1986 - one publication in the area of pediatric psychology 1980 to 1984- seven publications with others in the area of lipid metabolism 042 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA ~5, ~00~ Item Number: Page 1 of 2 Subject: Adopt on an Emergency Basis an Ordinance Amending and Reenacting Section 14.1-1 of the Code of the Coun~ of Chesterfield, 1978, as amended, Relating to the Penalties for Driving while Intoxicated and Set a Public Hearing Date for Readoption. Count~ Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: The County Code incorporates all driving violations set forth in the Code of Virginia into the County Code so that offenders can be charged with local ordinance violations instead of State statute violations, which results in fines going to the County rather than the State. One provision incorporated by the County provides that a person violating the drunk driving laws shall be guilty of a Class 1 misdemeanor. The Commonwealth's Attorney, however, has informed staff that a General District Judge has recently held that the County's incorporation provision for drunk driving does not also incorporate by reference the Class 1 misdemeanor penalty for drunk driving, notwithstanding the clear language of the Code. Therefore, the Judge is limiting fines to no more than $100.00 which is the general catch-all penalty provision in the ordinance. Consequently, the Commonwealth's Attorney is charging and prosecuting DWI offenders under the State statute, resulting in the fines going to the State, until the County's ordinance is amended to satisfy the Judge. Steven L. Micas Attachments: Title: County Attorney 0603:5593.2(260.5) Yes V-~ No O43  CHESTERFIELD COUNTY ~ ~ BOARD OF SUPERVISORS Page 2 of 2 · AGENDA Summary of Information: (Continued) Recommendation: Although staff believes the meaning of the County's ordinance is clear and unambiguous, staff recommends adoption on an emergency basis of the attached ordinance amending and reenacting Section 14.1-! of the Coun~ Code so that DWI offenses can be charged and 1)rOl~erly sentenced under the County Code. Staff also recommends that a l~ublic hearing be set for January 12, 1994 to readopt the ordinance~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING ARTICLE I, SECTION 14.1-1 RELATING TO THE INCORPORATION OF ALL DRIVING VIOLATIONS INTO THE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14.1-1 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 14.1-1. Adoption of state law. Pursuant to the authority of sections 1-13.39:2 and 46.2-1313 of the Code of Virginia, 1950, as amended, all of the provisions and requirements of the laws of the state contained in title 46.2 and article 2 of chapter 7 of title 18.2 and article 9 of chapter 11 of title 16.1 of the Code of Virginia, as in force on July 1, 1992 and as may be amended from time to time by the General Assembly, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. The following articles of Title 46.2 of the Code of Virginia are specifically excluded from such adoption and incorporation: Article 2 of Chapter 2; Articles 6, 13, 14, 15, 16, 17, 18 and 19 of Chapter 3; Articles 4 and 5 of Chapter 6; Articles 2 and 23 of Chapter 10; and Chapter 14. References to "highways of the state" contained in the provisions and requirements hereby adopted and incorporated shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail, neglect or refuse to comply with any provision of title 46.2, article 2 of chapter 7 of title 18.2 or article 9 of chapter 11 of title 16.1 of the Code of Virginia which is adopted by this section, and;V.,~,..,..~,~.,,'~'4'~'4 .h,,,,..,.~ In' ,.,.~,~ ...... ~,~,.,.~.* ~,.....~h~11 the penalty imposed for the violation of any provision or requirement hereby adopted shall be the same e-aeeed4he penalty imposed for a similar offense under title 46.2, article 2 of chapter 7 of title 18.2 or article 9 of chapter 11 of title 16.1 of the Code of Virginia. (2) This ordinance shall become effective immediately upon adoptio~ 1103:260.4 O46 Meeting Date: December CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA 15, 1993 Item Number: Subject: Streetlight Installation Cost Approvals Page ~..~_ of_~_~ 7ege County Administrator's Comments: CountyAdministrator: BoardAction Requested: This item requests Board approval m, Streetlight Installation Costs Districts. in the Bermuda and Matoaca 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 quotation is received, staff re-examines each request and presents them at the next available regular meeting of the Board of Supervisors for consideration. Staff provides the Board with an evaluation of each request based on the following criteria: 1. Streetlights should be located at intersections; There should be a minimum average of 600 vehicles per day (VPD) passing the requested location if it is an intersection, or 400 VPD if the requested location is not an intersection; CONTINUED NEXT PAGE ' 'o"hard M..-McElfish, P E. Attachments: Yes [~ No Director Environmental Engineering 046 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of~ Summat7 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 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: * Intersection of Sandy Oak Road and Stoney Creek Parkway Cost to install light: $ 334.00 Meets all minimum criteria. Intersection of Dodomead Street and Railroad Street Cost to install light: $ 0.00 Does not meet minimum criterion for vehicles per day. Intersection of Stanwix Lane and Strathcona Road Request to incorporate a private resideritial security light into the County Streetlight System and upgrade the fixture to the 8000 lumen standard. Cost to upgrade and incorporate light into the County system: $ 350.00 CONTINUED NEXT PAGE # 047 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of._~ Summar~ of Information: (Continued) BERMUDA DISTRICT (cont'd): Meets all minimum criteria. * North cul-de-sac o£ Traywick Drive Cost to install light: $ 279.00 Does not meet minimum criteria for intersection, petition, or vehicles per day. * Intersection of Bermuda Avenue and Traywick Drive Cost to install light: $ 515.00 Does not meet minimum criterion for petition. * Swineford Road, vicinity of 2811, on existing pole. Cost to install light: $ 0.00 Does not meet minimum criteria for intersection or vehicles per day. * Drewrys Bluff Road, opposite 2644, on existing pole Cost to install light: $ 0.00 Does not meet minimum criterion for intersection. CONTINUED NEXT PAGE 048 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of~.~ Summar~ of Information: (Continued) BERMUDA DISTRICT (cont'd):. Bermuda Streetlight Funds (unaudited) Balance Forward Requested Expenditure Effective Balance Remainin~ $12,949.00 $334.00 $12,615.00 0.00 12,615.00 350.00 12,265.00 279.00 11,986.00 515.00 11,471.00 0.00 11,471.00 0.00 11,471.00 MATOACA DISTRICT: * Cul-de-sac of Candlelamp Lane, between 9815 and 9816 Cost to install light: $ 1,557.00 Does not meet minimum criteria for intersection or vehicles per day. Matoaca Streetlight Funds (unaudited) Balance Forward Requested Effective Expenditure Balance Remainin~ $7,565.00 $ 1,557.00 $6,008.00 049 REQUEST RECEIVED: ESTIMATE RECEIVED: -~ STREETLIGHT REQUEST --~ Bermuda District ESTIMATE September 17, 1993 REQUESTED: DAYS ESTIMATE November 15, 1993 OUTSTANDING: 56 COST TO INSTALL STREETLIGHT: $334.00 September 20, 1993 NAME OF REQUESTOR: Robert Frink ADDRESS: Stoney Glen Community Assoc., 4633 laurel Spring Court Chester, VA 23831 PHONE NUMBER: HOME - 748-8587 WORK - 520-3348  R EQUEST IS LOCATED AT THE INTERSECTION OF Sandy Oak Road and Stoney Creek Parkway REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Qualified COMMENTS: Requestor states: "The Stoney Glen Board of Directors, on behalf of the homeowners, requests that this light be similar in appearance to the streetlights we currently have." Staff notes: Requested style light is the Virginia Power Colonial Style fixture. The lights which are currently in this subdivision were installed at the developer's expense. Attachments? Map 050 ,C~eet Light Request 12/15/93 RNETTEDAL£ C~ WRAYWOO HICKO£),, LA/ PL TR RD HILL RI) Street Light Legend ',~ existing light ~ requested light This map shows citizen requested srreetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. REQUEST RECEIVED: October 29, 1993 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: October 29, 1993 ESTIMATE DAYS ESTIMATE RECEIVED: November 19, 1993 OUTSTANDING: 21 COST TO INSTALL STREETLIGHT: $0.00 NAME OF REQUESTOR: Luther Dixon ADDRESS: 12541 Winfree Street, Chester, VA 23831 PHONE NUMBER: HOME - 796-2380 WORK - 524-3312  IS LOCATED AT THE INTERSECTION OF REQUEST Dodomead Street and Railroad Street REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Not Qualified, less that 600 VPD Qualified COMMENTS: Requestor states: "The proposed light is in front of Boy Scout Troop No. 819's cabin. We have had a number of break-ins and non-troop activity in the darkness of our front yard. We feel that the light might discourage some of this activity." Attachments? Map 082 Light Request 12/15/93 ~ rn~ i~ a copy~g~ prod~ of Street Light Legend !~i existing light ~ requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. REQUEST RECEIVED: STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: November 2, 1993 ESTIMATE DAYS ESTIMATE RECEIVED: November 19, 1993 OUTSTANDING: COST TO INSTALL STREETLIGHT: $350.00 NAME OF REQUESTOR: Carolyn Rogers ADDRESS: 2913 Stanwix Lane, Richmond, VA 23234 PHONE NUMBER: HOME - 743-7805 WORK - November 2, 1993 17 REQUEST AT THE INTERSECTION OF IS LOCATED Stanwix Ln and Strathcona Rd, Upgrade to 8000 & add to system REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Not required, existing light. Not required, existing light. COMMENTS: Requestor states: "We have been paying for electrical service on this light for more than 15 years. Although the light is not di- rected over the street, the pole is adjacent to the street. We request that the County take over service payments for this light." Staff notes that this light does not extend over the roadway as do County owned lights. This light is an open 3300 lumen mercury vapor. For the light to be incorproated into the County system, it should be upgraded to an enclosed 8000 lumen sodium vapor light and turned to face over the street. Attachments? No -- STREETLIGHT REQUEST Bermuda District REQUEST RECEIVED: September 15, 1993 ESTIMATE REQUESTED: September 20, 1993 ESTIMATE RECEIVED: November 15, 1993 DAYS ESTIMATE OUTSTANDING: 56 COST TO INSTALL STREETLIGHT: $279.00 NAME OF REQUESTOR: Wolfgang Webner ADDRESS: Enon Civic Association, 210 Enon Church Road Chester, VA 23831 PHONE NUMBER: HOME - WORK - 530-5292 REQUEST IS LOCATED AT THE INTERSECTION OF REQUEST IS NOT AT AN INTERSECTION. Traywick Drive, north cul-de-sac REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Not Qualified, less than 400 VPD Not Qualified, less than 75% of residents within 200 feet of location COMMENTS: Requestor states: "This request is to petition Chesterfield County for the installation of streetlighting in the Point of Rocks subdivision on Enon Church road. This is to reduce the occurrence of thefts in our neighborhood and to make our subdivision safer." Attachments? STREETLIGHT REQUEST Bermuda District REQUEST RECEIVED: September 15, 1993 ESTIMATE REQUESTED: September 20, 1993 ESTIMATE RECEIVED: November 15, 1993 DAYS ESTIMATE OUTSTANDING: 56 COST TO INSTALL STREETLIGHT: $515.00 NAME OF REQUESTOR: Wolfgang Webner ADDRESS: Enon Civic Association, 210 Enon Church Road Chester, VA 23831 PHONE NUMBER: HOME - WORK - 530-5292 REQUEST IS LOCATED AT THE INTERSECTION OF Bermuda Avenue and Traywick Drive REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS POLE ALREADY EXISTS AT THIS LOCATION POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Qualified Qualified Not Qualified, less than 75% of residents within 200 feet of location COMMENTS: Requestor states: "This request is to petition Chesterfield County for the installation of streetlighting in the Point of Rocks subdivision on Enon Church road. This is to reduce the occurrence of thefts in our neighborhood and to make our subdivision safer." Attachments? ,~eet Light Request 12/15/93 Street Light Legend 4k! existing light 0i requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. STREETLIGHT REQUEST Bermuda District REQUEST RECEIVED: November 2, 1993 ESTIMATE REQUESTED: November 2, 1993 ESTIMATE RECEIVED: November 19, 1993 DAYS ESTIMATE OUTSTANDING: 17 COST TO INSTALL STREETLIGHT: $0.00 NAME OF REQUESTOR: Mark Copper ADDRESS: 2801Swineford Road, Richmond, VA 23234 PHONE NUMBER: HOME - 275-1350 WORK - 743-6224 REQUEST IS LOCATED AT THE INTERSECTION OF REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Swineford Road, vicinity of 2811. on pole # IK23 POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection. Not Qualified, less than 400 VPD Qualified COMMENTS: Requestor states: "Having problem with kids sitting in yards of 2801, 2810, and 2811 (Swineford Road) at night. They are painting on trees and leaving trash in yards. Have called police several times and they have suggested a streetlight on this pole and said that should take care of the problem." Attachments? Map O58 REQUEST RECEIVED: ESTIMATE RECEIVED: November 3, 1993 STREETLIGHT REQUEST Bermuda District ESTIMATE REQUESTED: November 3, 1993 DAYS ESTIMATE November 19, 1993 OUTSTANDING: 16 COST TO INSTALL STREETLIGHT: $0.00 NAME OF REQUESTOR: Judith Shaw ADDRESS: 2644 Drewrys Bluff Road, Richmond, VA 23237 PHONE NUMBER: HOME - 271-7780 WORK - REQUEST IS LOCATED AT THE INTERSECTION OF REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Drewrys Bluff Road, opposite 2644, on pole #JH-51 POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection Qualified Qualified COMMENTS: Requestor states: "I'd like this light at this location for several reasons. One is, I live alone and am a disabled widow. Re- cently, someone has been in my back yard several times at night and left my fence open. I have found footprints next to my porch and I'm afraid. I think the light will help. Also, my neighbor has to work alot until 3:00 am and everyone else is asleep when she gets home. It is dangerous to her to come into her home with it dark. Also, about 3 months ago someone stole a lot of equipment out of my other neighbor's car. We've never had any problems on this street until lately, but now it seems that people are braver about coming into your yard and home. We are hoping that a light close by will help. Please consider this light to help us. We will really appreciate it." Attachments? Map .~reet Light Request 12/25/93 IDEEN RD Street Light Legend ~i existing light :~ requested light This map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering Department. STREETLIGHT REQUEST REQUEST RECEIVED: ESTIMATE RECEIVED: Matoaca District August 19, 1993 ESTIMATE REQUESTED: November 24, 1993 DAYS ESTIMATE OUTSTANDING: COST TO INSTALL STREETLIGHT: $1557.00 August 20, 1993 101 NAME OF REQUESTOR: Rick Hall ADDRESS: 9811 Candlelamp Lane, Chesterfield, VA 23832 PHONE NUMBER: HOME - 379-4801 WORK - 790-1650 REQUEST IS LOCATED AT THE INTERSECTION OF REQUEST IS NOT AT AN INTERSECTION. REQUESTED LOCATION IS Candlelamp Lane, between 9815 and 9816, in cul-de-sac POLE ALREADY EXISTS AT THIS LOCATION. POLICY CRITERIA: INTERSECTION: VEHICLES PER DAY: PETITION: Not Qualified, location not an intersection. Not Qualified, less than 400 VPD. Qualified. COMMENTS: Requestor states: "This request is due to a growing problem of vehicles using this dark and remote stretch of road as a parking area during the late hours of the night. On numerous occasions, there has been loud music and trash deposited along the roadside from late night gatherings. This request is a unified request from the homeowners of this neighborhood in developing a safer and more restful subdivision." Attachments? Map 06i ~e~'eet Light Request 12/15/93 c~ Street Light Legend ~ existing light ~ requested light ~is map shows citizen requested streetlight installations in relation to existing streetlights. Existing streetlight information was obtained from the Chesterfield County Environmental Engineering D~,m. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page 1 of~__ 7.C.l.a. SUbject: Resolution Recognizing Donald L. Moore upon his Retirement County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: WHEREAS, Donald L. Moore retired from the School Bus Garage Division of the Department of General Services on November 12, 1993; and WHEREAS, Donald L. Moore was hired on July 28, 1975; and WHEREAS, Donald L. Moore has provided over 18 years of quality service to the citizens of Chesterfield County; and WHEREAS, Donald L. Moore was hired as a vehicle mechanic at the Walmsley Garage to work on school buses in July, 1975 and was transferred to the new bus garage facility on Krause Road in June, 1978 to organize and supervise the school bus body shop until his retirement; and WHEREAS, Donald L. Moore has seen the school bus fleet grow from approximately 250 buses to the present fleet of 465 and maintained the appearance of the buses to the county's high standards with the addition of only one staff member; and Prepar~ Title: Attachments: ~--~ Yes No 063 Page 2 of 2 Summary of Information: (Continued) WHEREAS, Donald L. Moore has trained several staff personnel who have come and gone, while he has remained as the mainstay of the school bus body shop until his retirement; and WHEREAS, Donald L. Moore's vast knowledge in body shop repairs, diesel engine, air brake, and all other phases of automotive repair will be sorely missed by the supervisors and staff of the school bus garage. Now, therefore, be it resolved, that this Board of Supervisors publicly recognizes Donald L. Moore and extends on behalf of its members and the Citizens of Chesterfield County their appreciation for his service to the county. And, be it further resolved, that a copy of this resolution be presented to Donald L. Moore and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. 064  CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page i of 1... AGENDA Meeting Date: December 15, 1993 Item Number: 7.c.l.b. Subject: Resolution Recognizing Mr. W. J. "Bill" Atkinson Upon His Retirement from ICI Films Count~' Administrator's Comments: County Admlnistrator: BoardAcfion Requested: Summary of Information: Mr. McHale has requested the Board adopt a resolution recognizing Mr. W. J. "Bill" Atkinson upon his retirement from ICI Films. Mr. Atkinson has been responsible for ICI Films in Hopewell since April, 1988 and since that time, ICI Films has become a responsible industrial neighbor to those living in Chesterfield County. The resolution will be presented to Mr. Atkinson at a retirement party on December 17, 1993. See~attached. Preparer: · Title: Director of Econg~qic Development Gary R. Mcnaren # 06~ Attachments: 1 Yes ~ No Chesterfield. County Recognizing Mr. W.J. "Bill" Atkinson Upon His Retirement from ICI Films Resolution WHEREAS, Mr. W. J. "Bill" Atkinson announced his retirement effective December 31, 1993 from ICI Films where he served as Director of Melinexe Operations since April 1988, and WItEREAS, during his tenure at the Chesterfield site Mr. Atkinson has been the champion of many initiatives to improve the competitiveness of the U.S. Films business. These include the successful MELINEX Manufacturing Strategy, safety programs, and quality programs at the Chesterfield plant. WHEREAS, Mr. Atkinson has demonstrated leadership, sensitivity, and commitment to issues within his community by serving on the Education Committee of the Virginia Manufacturers Association, by being an active participant, host and contributor to the County's Economic Development Existing Industry Program, by spearheading the successful community open house held in 1992 and establishing a strong commitment to environmental initiatives. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby express its gratitude and admiration toward Mr. Atkinson for his service to ICI Films and to Chesterfield County AND, BE IT FURTHER RESOLVED, that a copy of this resolution be appropriately prepared and presented to Mr. W. J. "Bill" Atkinson mis3n69/erk P.O. Box 760, Chesterfield, VA 23832 (804) 748-3963 FAX (804) 796-3638 066  CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: December 15, 1993 Item Number: 7.C.l.c. Subject: Naming the Building. Meadowdale Branch Library the J. Ruffin Apperson Count~ Administrator's Comments: Board Action Requested: Approval of Board Resolution naming the Meadowdale Branch Library the J. Ruffin Apperson Building is requested. The resolution will be presented to Mr. Apperson at the Library dedication ceremony on January 19, 1994. Summar~ of Information: W~EREAS, J. Ruffin Apperson served the citizens of Chesterfield County as a member of the Board of Supervisors from 1963 to 1979 representing the Dale District; and WHEREAS, Mr. Apperson was a member of the Board of Supervisors which established the Chesterfield County Public Library system in 1965; and WHEREAS, Mr. Apperson's dedication to the community has been exhibited by his service on numerous boards and commissions. Mr. Apperson served as Chairman of the Regional Planning Commission, Chairman of the Welfare Board, and as a founding Director of the Central Virginia Health Systems Agency; and WHEREAS, Mr. Apperson played a major role in the establishment of the Lucy Corr Nursing Home; and Robert E. ~agenkn~ County Administrator: Attachments: ~-~ Yes No Library Director 067 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) W~EREAS, Mr. Apperson volunteered his services as a member of the Dale Volunteer Fire Department, and later chaired the Board of Supervisors' Fire Commission, recommended paid professional firefighters and the establishment of a communications center; and W}{EREAS, Mr. Apperson has been an active charter member of the Dale Ruritan Club, an active supporter of the Boy Scouts of America, Robert E. Lee Council, serving as Shawondassee District Chairman within the Manchester District, and the American Legion, Post 137, from which he received its Citizenship Award. In 1976 he served as National Historian for the American Legion. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby unanimously endorses naming the Meadowdale Branch Library in honor of J. Ruffin Apperson. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr~ Apperson and that this resolution be permanently recorded among the papers of the Board of Supervisors of Chesterfield County, Virginia. '068 Meeting CHESTERFIELD COUNTY BOARD OF SUPERVISORS December 15, 1993 AGENDA Date: Item Number: Page ~- of 1 7.C.2. Subject: Resolution to: Cancel existing 1987 Series B General Obligation School Bond; Issue a new Refunding Series 1994 A General Obligation School Bond; Accept a $288,933 lump sum cash payment; and Authorization of county officials to execute dosing documents for the bond exchange. County Administrator's Comments: CountyAdministmtor: ,BoardAcfion Requested: 1) Adopt the attached resolution to: cancel the existing 1987 Series B General Obligation School Bond; issue a new refunding Series 1994 A General Obligation School Bond; and accept a $288,933 lump sum cash payment; 2) Appropriate the $288,933 lump sum cash payment to the Reserve for School Capital Projects; and 3) Authorize county officiais te execute the closing documents for this bond exchange transaction. ,Summary of Information: In June, 1993, the Virginia Public School Authority (VPSA) refunded a number of its outstanding bonds and issued its 1993 B Refunding Bonds. These 1993 B Refunding bonds refunded certain bonds previously issued under VPSA's 1963 and 1987 Resolutions. The VPSA received present value savings of approximately $7.19 million from this refunding, which savings the VPSA intends to distribute to the local issuers whose local school bonds were purchased with the refunded VPSA bonds. The method for distributing this savings involves a 'q)ond exchange" offer. In order for Chesterfield County to receive this savings, the VPSA requires that Chesterfield issue new non- callable bonds in exchange for its old bonds currently held by VPSA. Chesterfield will then receive its cancelled old bonds and its lump sum cash payment. The lump sum cash payment is $288,933. Staff recommends that this cash payment be appropriated to the Reserve for School Capital Projects and a corresponding amount be transferred from the Reserve for School Capital Projects to a Reserve for Future Debt Service payments. Preparer: / 7~.- ,.7'-~'., ~..~T~.~, 4. Attachments: Yes ~-~ No Title: Director, Budget and Management 069 3. Paymentl Pa_ying Agent and Bond Registrar. The following provisions shall apply to the Refunding Bond: (a) For as long as the Authority is the registered owner of the Refunding Bond, all payments of principal of, premium, if any, and interest on the Refunding Bond shall be made in immediately available funds to the Authority at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, if applicable, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, if applicable. (b) All overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Refunding Bond. (c) CenWal Fidelity Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Refunding Bond. 4. Execution of the Bonds. The Chairman or Vice-Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Refunding Bond in the principal amount of $14,750,000 and to affix the seal of the County thereto. 5. Pledge of Full Faith and Credit. For the prompt payment of the principal of and interest on the Refunding Bond authorized by this Resolution as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and each year while the Refunding Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and the interest on the Refunding Bond as such principal and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 6. Tax Covenant. The County covenants to take all action, and to refrain from taking any action, necessary under the Internal Revenue Code of 1986, as amended, to ensure that interest on the Refunding Bond will remain excludable from gross income for Federal income tax purposes to the same extent as it is excludable on the date of issue thereof. 7. Certificate. The appropriate officers and agents of the County are hereby authorized and directed to execute and deliver the Certificate substantially in the form attached hereto as Exhibit D, including the Form 8038-G appended thereto. 8. Exchan~e of the Bonds. It is determined to be in the best interests of the County to issue the Refunding Bond to the Authority in exchange for the Refunded Bonds and the lump sum cash payment set forth in Exhibit B. The appropriate officers of the County are hereby authorized and directed to exchange the Refunding Bond with the Authority for the Refunded Bonds and the lump sum cash payment. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the expenditure of the lump sum cash payment. 9. Certification and Filing. The Clerk of the Board is hereby authorized and directed to file a certified copy of this Resolution with the Circuit Court of the County. 10. Further Actions. Each Supervisor and all other officers, employees and agents of the County are authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and exchange of the Refunding Bond for the Refunded Bonds and the lump sum cash payment and to accept and comply with the terms of the offer of the Authority. 11. Effective Date. This Resolution shall take effect immediately. O72 Chesterfield County Local School Bonds ("Refunded Bonds") EXHIBIT A (1 of.- 2) Name of Local School Bond Corresponding Original Outstanding VPSA Bond Principal Principal County of Chesterfield General 1987 Refunding Obligation School Bonds Series A Refunding Series 1990A {Chesterfield County, General Obligation School Bond, Series of 1985] $3,000,000 $1,650,000 Rates 8.74% Original Maturity 12/15/2004 County of Chesterfield 1987 Series B $22,850,000 General Obligation School Bond $14,750,000 N/P,. 12/15/2007 * (NCR) ~Vo rateprovidedfor local school bondspurchased under the 1987Eesolution because rates vary by maturity date. 074 Chesterfield County Virginia Public School Authority School Financing Bonds (1987 Resolution) 1991 Refunding Series C Refunding of School Financing Bonds: Refunded Bonds Debt Service Schedule 1987 Series B EXHIBIT A (2 of 2) Interest Date Principal Rate Total Annual Interest Debt Service Debt Service 6/15/94 1 2/15/94 1,355,000 7.050 6/15/95 12/15/95 1,350,000 7.000 6/15/96 12/15/96 1,355,000 7.100 6/15/97 12/15/97 1,350,000 7.250 6/15/98 12/15/98 1,350,000 7.400 6/I 5/99 12/15/99 1,355,000 7.600 6/15/00 12/15/00 1,355,000 7.700 6/15/01 1 2/15/01 1,355,000 7.800 6/15/02 12/15/02 1,355,000 7.900 6/15/03 12/15/03 1,350,000 8.000 6115/04 12/15/04 305,000 8.100 6115/05 12/15/05 305,000 8.1 O0 6/15/06 1 2/15/06 305,000 8.100 6/15/07 12/15/07 305,000 8.100 6115/08 1 2/15/08 6/15/09 1 2/15/09 6115/10 1 2/15/10 6115/11 1 2/15/11 6115/12 12/15/12 14,750,000 555,438.75 555,438.75 555,438.75 1,910,438.75 2,465,877.50 507,675.00 507,675.00 507,675.00 1,857,675.OO 2,365,350.00 460,425.00 460,425.00 460,425.00 1,815,425.00 2,275,850.00 412,322.50 412,322.50 412,322.50 1,762,322.50 2,174,645.00 363,385.00 363,385.00 363,385.00 1,713,385.00 2,076,770.00 313,435.00 313,435.00 313,435.00 1,668,435.00 1,981,870.00 261,945.00 261,945.00 261,945.00 1,616,945.00 1,878,890.00 209,777.50 209,777.50 209,777.50 1,564,777.50 1,774,555.00 156,932.50 156,932.50 156,932.50 1,511,932.50 1,668,865.00 103,410.00 103,410.00 103,410.00 1,453,410.00 1,556,820.00 49,410.00 49,410.00 49,410.00 354,410.00 403,820.00 37,057.50 37,057.50 37,057.50 342,057.50 379,115.00 24,705.00 24,705.00 24,705.00 329,705.00 354,410.00 12,352.50 12,352.50 12,352.50 317,352.50 329,705.00 6,936,542.50 21,686,542.50 21,686,542.50 Chesterfield 'County Virginia Pubtic School AuthoritY School Financing Bonds (1987 Resolution) 1991 Refunding Series C Refunding of VPSA School Financing Bonds: 1987 Series B Calculation of Debt Service Savings Reimbursement (Net Amount) EXHIBIT B Present value of debt service to maturity at Present value of debt service to call date at Gross Debt Service Savings 6.13452191% 6.07250706% 10,514,925.08 10,171,464.36 343,460.71 Less pro rata allocation of underwriters' discount and costs of issuance on VPSA 1991 Refunding Series C Bonds (104,881.98) Net savings as of 12/23/91 238,578.73 investment income on Net Savings through at 3.50% Net Amount Net Amount as % of outstanding I)rincil~al of local school bonds 1/1/94 16,886.07 255,464.80 2.74% EXHIBIT C No. TR-1 United States of America Commonwealth of Virginia COUNTY OF General Obligation School Bond Refunding Series 1994 A THE COUNTY OF , VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of MILLION HUNDRED THOUSAND DOLLARS ($ ), in annual installments on December 15 of each year, commencing on December 15, 1994 (each a "Principal Payment Date"), as shown on Schedule 1 attached hereto, together with interest on the unpaid installments at the annual rate set forth on Schedule 1 attached hereto, from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on June 15, 1994, and semi-annually thereafter on December 15 and June 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as shown on Schedule 1 attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority (the "Authority") is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of principal of and interest on this Bond, without the presentation or surrender hereof, to the Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of principal of and interest on this Bond. The resolution adopted by the Board of Supervisors 077 authorizing the issuance of this Bond provides, and Section 15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to ali other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended, and a resolution duly adopted by the Board of County Supervisors of the County, in exchange for an aggregate like principal amount of the County's general obligation school bonds of the same tenor held, and a lump sum cash payment made, by the Authority. This Bond is registered in the name of the Authority as to both principal and interest on books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon request by the Authority, the County will prepare the Bond in marketable form in $5,000 denominations and whole multiples thereof, with maturities corresponding to the unpaid principal installments of this Bond, and deliver to or upon the order of the Authority the same in exchange for this Bond. The principal installments on this Bond are not subject to redemption or prepayment prior to their respective payment dates. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia, and provision has been made for the levy and collection of an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due. c-2 072 GENERAL CERTIFICATE OF THE COUNTY OF , VIRGINIA The undersigned officers of the County of 1. County, on consisted of the following N~me of Supervisor EXHIBIT D , Virginia (the "County") hereby Board of Supervisors. The Board of Supervisors (the "Board") of the ,1993 and at all times to and including the date of this Certificate, O persons: Expiration of Term 2. Chairman. Chairman of the Board. 3. Vice-Chairman. Vice-Chairman of the Board. 4. County Attorney. serving County Attorney. 5. County Administrator. and serving County Administrator of the County. 6. Clerk. Clerk of the Board of the County. 7. Deputy Clerk. Deputy Clerk of the Board of the County. 8. Bonds Executed. The $ , is the duly elected, qualified and serving is the duly elected, qualified and serving , is the duly appointed, qualified and , is the duly appointed, qualified ., is the duly appointed, qualified and serving , is a duly appointed, qualified and serving General Obligation School Bond, Refunding Series 1994 A, of the County, in the form authorized by the Resolution (as defined in paragraph 9 below), numbered R-1 (the "Bond"), has been duly executed by the Chairman O8O or Vice-Chairman 'of the' Board and sealed by the Clerk or Deputy Clerk of the Board in the manner required by the Resolution. In connection with the issuance of the Bond, the County shall receive from the Virginia Public School Authority (the "Authority") the Prior Bonds of the County and a lump sum cash payment of $ (the "Lump Sum Cash Payment"). The Lump Sum Cash Payment is treated as a new money portion of the proceeds of the Bond. References herein to the Bond and proceeds of the Bond include the Lump Sum Cash Payment. 9. Resolution., The Bond is issued pursuant to a resolution duly adopted by the Board on , 1993 (the "Resolution"). The meeting of the Board held ..., 1993 at which the Board adopted the Resolution was a [duly called and held special or regular] meeting of the Board at which a quorum of the Supervisors was present during the consideration of and voting on the Resolution. No notes or bonds have heretofore been issued under the Resolution. The Resolution has not been repealed, modified or amended and remains in full force and effect on the date hereof. No other authority, ordinance, resolution or proceedings for the issuance of the Bond has been repealed, revoked or rescinded. 10. County Charter. The provisions of the County Charter, if applicable, and any other special laws to which the County is bound, have been complied with respect to the issuance of the Bond. 11. ~. No litigation or administrative action of any kind is now pending or, to our knowledge, threatened to (a) restrain or enjoin the issuance, sale or delivery of the Bond or the levy and collection of taxes to pay the principal of and interest on the Bond; (b) contest or challenge the due adoption of the Resolution by the Board of Supervisors; (c) contest or challenge the Validity of the Bond or in any manner question the proceedings and authority under which the Bond is issued; or (d) affect the existence of the County or the titles of the officers 081 to their.respective office.3 executing the Bond. The undersigned hereby certify that the titles of the officers signing the Bond No. TR-1 have not been contested. 12. NQ Sinking, Funds. The County has not created or established, and will not create or establish, any funds or accounts which are reasonably expected to be used to pay debt service on the Bond or which are pledged (including negative pledges) as collateral for the Bond for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the Bond if the County encounters financial difficulty. 13. Use 0f Proceeds. The Bond is being issued to refund the bonds listed in Schedule A attached hereto of the County (the "Refunded Bonds", which financed prior capital projects of the County, the "Prior Projects"); the Lump Sum Cash Payment, including the investment income thereon, will be used to finance certain capital projects of the County (the "Projects"). All of the proceeds derived from the sale of the Refunded Bonds and the investment earnings thereon have been expended for the purpose for which the Refunded Bonds were issued. The County represents that all portions of the Projects and the Prior Projects are and will be owned by the County. No portion of the Projects or the Prior Projects are expected to be sold or otherwise disposed of, in whole or in part, except due to normal wear, tear and obsolescence, before payment in full of the Bond. The County represents, warrants and covenants that the facilities financed or refinanced with the proceeds of the Bond will be used in pursuit of the exempt purposes of the County during the period of time the Bond is Outstanding, unless an opinion of nationally recognized bond counsel is received with respect to any proposed change in use of the proceeds of the Bond, the Prior Projects or the Projects. The County (a) has entered into or expects to enter into within six months of the date hereof, substantial binding obligations, which are not subject to contingencies within the control of the County or a related party, to third parties to expend at least 5 % of the net sale proceeds of the Lump Sum Cash D-3 082 Payment on the Projects,.or (b) will reimburse, pursuant to Treasury Regulation Section 1.150- 2, the general fund of the County in the amount of the Lump Sum Cash Payment for advances made from the general fund, in anticipation of reimbursement from borrowed money, for the cost of the Projects heretofore incurred. reimbursement resolution dated lin this regard, the County has adopted a , a copy of which is attached hereto as Exhibit B.] The County expects to proceed with due diligence on the Projects and to spend all of the Lump Sum Cash Payment in the manner and within the period provided in the Expenditure Exception, as described in Section 23 hereof. The Lump Sum Cash Payment will not be used to provide for the payment of any principal of or interest on any obligation of the County incurred in the exercise of its borrowing power other than the Refunded Bonds. The proceeds of the Bonds will not be used directly or indirectly to make or finance loans to persons other than governmental units. The County shall notify the Authority on or before May 15, 1994 if it expects that it will be unable to meet the Expenditure Exception. 14. Temporary_ Periods. The County shall invest the Lump Sum Cash Payment as follows: (i) The Lump Sum Cash Payment, which will be applied toward the cost of the Projects will be invested at an unrestricted yield for a period not in excess of three (3) years from the date hereof; (ii) Amounts earned from the investment of the Lump Sum Cash Payment will be invested at an unrestricted yield for a period not in excess of three (3) years from the date hereof or one (1) year from the date of receipt of the amount earned, whichever period is longer; and (iii) Amounts described in subparagraphs (i) and (ii), together with investment earnings thereon, not invested at an unrestricted yield pursuant to such subparagraphs shall be invested at a composite yield equal to or less than the yield on the Bond plus one-eighth of one percent D-4 083 or shall be invested in obligations the interest on which is excludable from gross income for federal income tax purposes and that is not a specific item of preference under Section 57(a) of the Code, as defined below ("Tax Exempt Investments"). Notwithstanding the preceding, if any proceeds of the Bond restricted to the yield on the Bond ("Yield Restricted Proceeds") are invested in SLGs (as such term is defined in Exhibit A hereto), all Yield-Restricted Proceeds shall be invested in SLGs. 15. Yield. For purposes of this certificate, "yield" means that yield which when used in computing the present worth of all payments of principal and interest to be paid on an~ obligation produces an amount equal to the purchase price of such obligation. The yield on obligations acquired with amounts described in Section 14 above and the yield on the Bond shall be calculated by the use of the same frequency interval of compounding interest. For purposes of calculating the yield on the Bond, the purchase price of the Bond is the price of the Bond paid by the Authority. Any investments acquired with amounts that may not be invested at an unrestricted yield pursuant to Section 14 above shall be purchased at prevailing market prices (an investment that is not of a type traded on an established market, within the meaning of Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that 'is not equal to its fair market value), or shall be SLGs or Tax-Exempt Obligations (as such terms are defined in Exhibit A). SLGS are available at the Federal Reserve Bank. Under current Treasury Department Regulations governing SLGS, such obligations cannot be purchased until fifteen (15) days after a subscription for them is tendered and received by a Federal Reserve Bank or Branch. Accordingly, the County shall act promptly in subscribing for SLGS in the event it determines such restricted investments are necessary. 16. Private Use Restrictions. The County shall not exceed the private use restrictions set forth in Section 141 of the Internal Revenue Code of 1986, as amended (the 084 "Code':). The County shall not use or permit the use of the Projects or the Prior Projects financed or refinanced with the proceeds of the Bond in any manner that would cause both (a) more than ten percent of the proceeds of the Bond to be treated as used for Private Business Llse, i.e,, used directly or indirectly in any trade or business carried on by any person other than a governmental unit (excluding use as a member of the general public) and (b) the payment of principal of or interest on more than ten percent of the proceeds of the Bond to be treated as meeting the Private Security Test, i,e.., the debt service on the Bond is directly or indirectly (i) secured by (A) any interest in property used or to be used for a Private Business Use or (B) payments in respect of such property or (ii) derived from payments in respect of property or borrowed money used or to be used for a Private Business Use. If, however, more than five percent of the proceeds of the Bond is used for Private Business Use and more than five percent of the proceeds of the Bond meet the Private Security Test, then the excess over five percent (the "Excess Private Use Portion") shall be used for a Private Business Use that is related to the governmental use of the Projects and the Excess Private Use Portion shall not exceed the amount of proceeds of the Bond used for the governmental use of the Projects or the Prior Projects to which such Private Business Use is related. With respect to management contracts, the determination of whether a particular use constitutes Private Use shall be determined on the basis of applying Revenue Procedure 93-19, 1993-11 I.R.B. 52 (Feb. 25, 1993), or if applicable, Revenue Procedure 82-14, 1982-1 C.B. 459, as modified by Section i301(e) of the Tax Reform Act of 1986. As of the date hereof, no portion of the proceeds derived from the sale of the Bond is being used to finance property subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of D-6 O85 services with respect to property financed with proceeds of the Bond that do not comply with the standards of Revenue Procedure 93-19. 17. No Replacement. No portion of Bond will be used as a substitute for other funds that prior to the County's resolving to proceed with the issuance of the Bond were used or to be used to pay for any cost of the Projects or to refund the Refunded Bonds and that have been or will be used to acquire directly or indirectly securities or obligations or other investment property producing a yield in excess of the yield with respect to the Bonds. 18. No Com_oosite Issues. There are no other obligations of the County that have been or will be sold or issued within fifteen (15) days of the sale or issuance of the Bond, sold or issued pursuant to a common plan of financing together with the Bond, and will be paid out of substantially the same source of funds as the Bond (or will have substantially the same claim to be paid out of substantially the same source of funds) as the Bond. 19. NO Federal Guaranty. The County shall not take or permit any action which would cause (a) the payment of principal of or interest on the Bond to be guaranteed, directly or indirectly, in whole or part by the United States or any agency or instrumentality thereof or (b) five percent or more of the proceeds of the issue to be (i) used in making loans the payment of principal of or interest on which are guaranteed in whole or in part by the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in federally insured deposits or accounts (except as permitted under Section 149(13) of the Internal Revenue Code or 1986, as amended (the "Code") or the regulations promulgated thereunder). The County has not and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government D-7 086 agencies, and (iii) lease of property to any federal government agency, that would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code. 20. NO Hedge Bonds. With respect to the Refunded Bonds, based upon the Certificate as to Arbitrage executed in connection with the issuance of the Refunded Bonds, the County reasonably expected that at least 85 percent of the proceeds of the Refunded Bonds would be used to carry out the governmental purposes of the issue within the three year period beginning on the date of the Refunded Bonds were issued, and that not more than 50 percent of the proceeds of the Refunded Bonds were invested in nonpurpose investments having a substantially guaranteed yield for four years or more. With respect to the Lump Sum Cash Payment, the County reasonably expects that all of the proceeds of the Lump Sum Cash Payment will be allocated to expenditures for the Projects within three years of the date hereof. Accordingly, not more than 50 percent of the proceeds of the Lump Sum Cash Payment will be invested in nonpurpose investments having a substantially guaranteed yield for four years or more. 21. Tax Covenant. The County will take all action, and refrain from taking any action, necessary under the Code to ensure that interest on the Bond will remain excludable from gross income for federal tax purposes to the same extent as is now excludable. Accordingly, the County covenants that it shall (a) pay or cause to be paid to the United States the amount earned on the investment of the gross proceeds of the Bond from the date hereof over the amount that would have been earned if such proceeds had been invested at a yield equal to the yield on the Bond, plus the income earnings attributable to the excess amount described in the first paragraph of the "Rebate Requirement" unless an exception is available to the County and (b) to restrict the investment of any money to the yield on the Bond to the extent necessary to prevent the Bond from becoming arbitrage bonds within the meaning of Code Section 148. D-O 08 7 22. Rebate Rea_uirement; In furtherance of its Tax Covenant above, the County covenants that, in the event it fails to expend all of the proceeds of the Bond (which include the Lump Sum Cash Payment) in the manner and within the period provided in the Expenditure Exception, the County shall retain an expert recognized in the calculation of the Rebate Requirement under the rules promulgated under Treasury Regulations § 1.148-0 through § 1.148- 11, §1.149(b)-1, §1.149(d)-1, §1.149(e)-1, §1.149(g)-1, §1.150-1 and §1.150-2 to prepare within 45 days after the close of each five-year period ending on (the "Installment Computation Date"), and the date on which the Bond has been redeemed or has matured (the "Final Computation Date"), beginning a statement setting forth the Rebate Requirement and the method for making the determination in any form or statement prescribed therefor by the Internal Revenue Service or U.S. Treasury. The Rebate Requirement shall be paid to the United States in installments. Ninety percent of the Rebate Requirement as of each Installment Computation Date must be paid to the United States within 60 days after such Installment Computation Date. All of the Rebate Requirement must be paid to the United States within 60 days after the Final Computation Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 and be accompanied by Form 8038-T. Records of the determinations made hereunder shall be retained until 6 years after the retirement of the last obligation of the Bond. 23. Expenditure Exception. With respect to the Lump Sum Cash Payment, the Rebate Requirement will be considered met if the expenditure schedule for the Six-Month Exception (set forth below) is satisfied. Six-Month Exception. The Rebate Requirement will be considered satisfied if the following rule is met. 088 (a). In General. The Six-Month Exception will be treated as having been satisfied if (i) all Gross Proceeds of the Lump Sum Cash Payment are allocated to expenditures for the governmental purposes of the Lump Sum Cash Payment no later than the date that is six months after the date of issuance of the Lump Sum Cash Payment, and (ii) the Rebate Requirement is satisfied with respect to (A) other Gross Proceeds of the Lump Sum Cash Payment that arise after six months from the date hereof but that are not reasonably anticipated to arise as of the date hereof, (B) repayment of any grants made with proceeds of the Lump Sum Cash Payment, (C) sale or investment proceeds on payments under a purpose investment acquired to carry out a governmental purpose of the Lump Sum Cash Payment (a "purpose investment"), and 03) amounts on deposit in a reasonably required reserve or replacement fund, if any. (b) Gross Proceeds. For purposes of meeting clause (a)(i) above, the term Gross Proceeds excludes (i) amounts on deposit in any bona fide debt service fund, (ii) other Gross Proceeds that arise after six months from the date hereof but that are not reasonably anticipated to arise as of the date hereof, (iii) repayment of any grants made with proceeds of the Lump Sum Cash Payment, (iv) sale or investment proceeds on payments under any purpose investment, and (v) amounts on deposit (if any) in a reasonably required reserve or replacement fund, as defined in Treasury Regulation Section 1.148-7(b)(5). (c) Additional Six Months for Non-Private Activity Bond. The Six-Month Exception will be treated as satisfied if, in addition to satisfying subparagraph (b) of this section 23, all Gross Proceeds of the Lump Sum Cash Payment are expended as provided in paragraph (a) of this section 23 except for an amount of D-10 088 Gross Proceeds that does not exceed the lesser of five percent (5%) of the proceeds of the Lump Sum Cash Payment or $100,000 and such unexpended amount of Gross Proceeds is expended within one year from the date of issuance of the Lump Sum Cash Payment. 24. Investments and Recordkeepin-. The County covenants that it shall invest the Lump Sum Cash Payment and any earnings thereon in the State Non-Arbitrage Program and shall keep or cause to be kept records of such investments in accordance with the instructions set forth in Exhibit A hereto. 25. Mi~ellaneou$ Tax Matters. a. The County will not take or fail to take any action which would cause the Bond to be an arbitrage obligation within the meaning of Section 148 of the Code and applicable Treasury Regulations. b. To the best of our knowledge, information and belief, the expectations set forth in paragraphs 12 through 25 are reasonable and there are no other facts, estimates and circumstances which would materially change the expectations expressed herein. c. The County has not received notice that its certificate may not be relied upon with respect to its issues, nor has it been advised that the Commissioner of Internal Revenue has listed or is contemplating listing the County as a governmental unit whose arbitrage certificate may not be relied upon. d. The undersigned are those officers of the County charged with the responsibility of issuing and delivering the Bond. e. This non-arbitrage certification is being executed and delivered pursuant to Treasury Regulations promulgated under Section 148 of the Code. f. The County has, on or before the date hereof, mailed by first class mail, postage prepaid, a signed copy of Form 8038-G, to the Internal Revenue Service, 8038 D-ii 090 Registration Division, Philadelphia, PA 19255 and a certified copy of such Form 8038-G to the State Treasurer, Commonwealth of Virginia, 101 North 14th Street, 3rd Floor, Richmond, VA 23219. 26. Receipt of Refunded Bond and Cash. The County hereby acknowledges receipt of (i) the bonds described in Exhibit A to the Resolution or evidence satisfactory to the County that the Authority has lost said bonds and that the County's obligation on said bonds has been duly satisfied and discharged, (ii) the lump sum cash payment of $ and (iii) a cross receipt of the Authority acknowledging receipt of the Bond. 27. Seal. The seal of the Board of the County is the same seal of which an impression appears below, as well as on the Bond. The signatures of the Chairman [Vice- Chairman] and the Clerk [Deputy Clerk] of the Board appearing below are the same signatures appearing on the Bond. [SEAL] Dated: January 3, 1994 Chairman [Vice-Chairman] of the Board of Supervisors of the County of , Virginia Clerk [Deputy-Clerk] of the Board of Supervisors of the County of ..., Virginia The undersigned County Attorney certifies that the officers of the County named above are the duly elected and qualified incumbents of the offices set forth below their signatures and that their signatures as appearing above are true and genuine. County Attorney County of , Virginia D-12 091 REBATE REQUIREMENTS. EXHIBIT A Instructions with Respect to Investment and Recordkeeping The Lump Sum Cash Payment will be invested and maintained in the State Non-Arbitrage Program ("SNAP"). SNAP is a professionally-managed money market investment pool which provides the local issuers with a convenient method of pooling bond proceeds for temporary investment pending their expenditure and with recordkeeping, depository and arbitrage rebate calculation services. For purposes of calculating the Rebate Requirement of Section 148(0 of the Internal Revenue Code of 1986, as amended (the "Code"), as set forth in the General Certificate of the County to which this Exhibit is attached, the following definitions and rules apply: Bond Year shall mean each one-year (or shorter) period ending on each January 1 until there is no outstanding Bond. The first Bond Year shall begin on the date hereof. N0npurpose Investments shall mean any security, obligation, annuity contract or any other investment-type property (as such term is defined in Section 1.148-1Co) of the Treasury Regulations) that is not required to carry out the governmental purpose of the Bond ("Nonpurpose Investments"). Nonpurpose Investments shall not include Tax-Exempt Obligations. Tax-Exempt Obligations shall include (i) obligations the interest on which is excludable from gross income for federal income tax purposes, and not treated as an item of tax preference under Section 57(a)(5)(C) of the Code, (ii) stock in a regulated investment company to the extent that at least 95 % of the income to the holder of the interest is excludable from gross income under Section 103 of the Code, and (iii) certificates of indebtedness issued by the United States Treasury pursuant to Demand Deposit State and Local Government Series program described in 31 CFR part 344 ("SLGs"). Gross Proceeds shall mean: (a) proceeds derived from the sale of the Bond, including the Lump Sum Cash Payment; Co) amounts that are reasonably expected to be or are in fact used to pay debt service, on the Bond; (c) amounts pledged as security for the payment of debt service with respect to the Bond; (d) amounts treated as "transferred proceeds" of the Bond, within the meaning of Section 1.148-1(b) of the Treasury Regulations, if any; O92 (e) .amounts treated as "replacement proceeds" of the Bond, within the meaning of SeCtion 1.1484(c) of the Treasury Regulations, if any; and (f) investment earnings on amounts described in paragraphs (a)-(e) above. Yield Restricted Amounts. Where amounts must be restricted to a certain yield and investments cannot be purchased on an established market or a bona fide fair market price'cannot be established at a yield that does not exceed the maximum permissible yield, the County may acquire or hold tax-exempt securities, currency, or SLGs that yield no more than the maximum permissible yield. The Borrower recognizes that SLGs are available at the Federal Reserve Bank, and that, under current Treasury Department Regulations governing SLGs, SLGs may not be purchased until 15 calendar days (3 business days in the case of demand deposit SLGs) after a subscription for them is tendered and received by a Federal Reserve Bank or Branch. Accordingly, the County will act promptly in subscribing for SLGs in the event it is determined that such restricted investments are neCessary. Record Keeping. With respect to all Nonpurpose Investments acquired in any fund or account established and held by the County, or by the Trustee on behalf of or for the benefit of the VPSA or the County, the entity in custody of such fund or account or for whose benefit the fund or account is held shall record or cause to be recorded the following information: (i) purchase date, (ii) purchase price, (iii) information establishing that the purchase price is the fair market value as of such date (e.g., the published quoted bid by a dealer in such an investment on the date of purchase), (iv) any accrued interest paid, (v) face amount, (vi) coupon rate, (vii) periodicity of interest payments, (viii) disposition price, (ix) any accrued interest reCeived, and (x) disposition date. To the extent any investment becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally purchased, it shall be treated as if it were acquired at its fair market value at the time it becomes a Nonpurpose Investment. Retention of Rex2ord$. Amounts determined to be required to be paid to the United States in compliance with the Rebate Requirement shall be paid by the County to the United States in accordance with the rules set forth in the Treasury Regulations. ReCords of all determinations made hereunder shall be retained by the County or by the Trustee, on behalf of or for the benefit of the County until six years after the complete retirement of the Bonds. Bona Fide Debt Service Fund Exception. With respect to issues that are not private activity bonds and that have an average maturity of greater than 5 years and a fixed rate of interest, amounts earned on moneys in a bona fide debt service fund shall not be taken into account for a Bond Year for purposes of complying with the Rebate Requirement. For purposes of complying with the Rebate Requirement with respect to issues other than as described in the preceding sentence, such as the Bonds, amounts earned on moneys in a bona fide debt service fund shall not be taken into account for a Bond Year if the gross earnings thereon are less than $100,000; an issue with an average annual debt service not in excess of $2,500,000, may be treated as satisfying this $1t30,000 limitation. Fo~ 8038-G In~r*mat. ion Return for Tax-Exempt Governmental Obligations · Under Internal Revenue Code section 149{e) OMB No. 1545-0720 (Rev. May 1993) · See separate Instructions. Oeoartme~ of ~e Treasury ~r=~na~ ~eve~ue S~ce (Use Form 8038-GC if the issue [once is under $100,000.) !~-I~1! Reporting Authority If Amended Return, check here · r--] 1 Issuer's name [ 2 Issuer's:: employer identification number 3 Number and street (or P.O. DbX ~f mad is not delivered to street address) Room/suite 4 Report number Gl9 - 5 City, town, state, anti ZIP code 6 Date of issue 7 Name of Issue 8 CUSIP Number l:b'T'~a[.! Type of Issue (check applicable box(es} and enter the issue price) once 9 [] Education (attach schedule-see instructions) ................. $ 10 ,ri Health and hospital (attach schedule-see instructions) .............. 11 [] Transportation ........................... 12 [] Public safety ............................ 13 [] Environment (including sewage bonds) ................... 14 [] Housing ............................. 15 [] Utilities ............................. 16 [] Other. Describe (see Instructions) · 17 If obligations are tax or other revenue anticipation bonds, check box · [] ~ 18 If oblic~ations are in the form of a lease or installment sale, check box · [] l:.qT~all! Descril)fion of Obli~lafions lu~r~a~,m Uses of Original Proceeds of Bond I_~u~_ue (includin9 underwriters' discount) 21 Proceeds used for accrued interest ..................... 22 Issue pdce of entire issue (enter amount from line 20, column (c)) ........... 23 Proceeds used for bond issuance costs (including underwriters' discount) . 23 I :24 Proceeds used for credit enhancement ............ 24!. 25 Proceeds allocated to reasonably required reserve or replaCement fund . · I 26 Proceeds used to refund pdor issues ............ I 26 I 27 Total (add lines 23 through 26) ....................... 28 Nonrefundinc. I proceeds of the issue (subtract line 27 from line 22 and enter amount here). . . ! :m'~l~m Description of Refunded Bonds (complete this part only for refundin~ bonds} 29 Enter the remaining weighted average matudty of the bonds to be refunded ...... · years 30 Enter the last date on which the refunded bonds will be called ........... · 31 Enter the date{s) the refunded bonds were issued · I =,~"I~AU I Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue .......... · 33 Enter the amount of the bonds designated by the issuer under section 265(b){3){B){iXIII) (small issuer exception) ............................. · 34 Pooled financings: a Enter the Amount of the proceeds 0f this issue that are to be used to make loans to other g0vemmental units · b If this issue is a loan made from the proceeds of another tax-exempt issue, check box · [] and enter the name of the issuer · and the date of the issue · 35 If the issuer has elected to pa]/a penalt~ in lieu of rebate, check box ...... · [] Un=er oenames of pequry, ] declare that I have exam~necl this rmum ancl accomoanymg schedules ancl statements, anti to tl3e Oest of my knowleclge ariel Oetief. ti3ey are true. correct. ~ conlplate. Please Sign Here Signature of officm' Oa~e ~1~ Tyoe or pnnt name ar,3 094 For Paperworl( Reduction Act Notice, see page I of the Instructions. Form 8038-G (Rev. 5-93) 'U.S. Go~m'rwm~ Prfrtfln~ OWk~: 19~3 -- 343-03,t/8015~) Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS December 15, 1993 AGENDA Item Number: Page ~__.of ~. 7.c.3. Subject: To adopt a resolution stating the Board of Supervisors' opposition to a proposal by the State Compensation Board to reduce state funding for its share of the fringe benefit expense of Constitutional Officers' budgets for July 1, 1995. Count~' Administrator's Comments: CountyAdministrator: BoardAction Requested: Adopt the attached resolution. Summary of Information: One proposal put forth by the Compensation Board to help balance the State's projected revenue shortfall is to eliminate State reimbursement on its share of fringe benefits for Constitutional Officers. This revenue totals $518,600 in FY94 for Chesterfield County. The State proposal allows localities to offset this loss by increasing fees for deeds and civil process. The preliminary estimate for the additional county revenues is about $290,000 which results in a net revenue loss for Chesterfield of $228,600. In addition, because the State shares in the revenues for deeds and civil process (State receives 1/3 of the revenue from deeds and 2/3 of the revenue for civil process papers), the State would receive an additional $180,000. Staff recommends the Board of Supervisors pass the attached resolution opposing the proposal. //" /Jame ~..' ~ s J.L. Stegmaier Attachments: Yes V--] No Title: Director, Budget and Management # 095 A RESOLUTION STATING THE BOARD OF SUPERVlSOR'S OPPOSITION TO A PROPOSAL BY THE STATE COMPENSATION BOARD TO AGAIN REDUCE STATE FUNDING FOR ITS SHARE OF THE EXPENSES OF CONSTITUTIONAL OFFICERS' BUDGETS BEGINNING JULY 1, 1995. WHEREAS, Governor Wilder has projected a $500 million shortfall in State revenues for the upcoming biennium; and WHEREAS, the State Compensation Board has been targeted to be reduced by $24.4 million; and WHEREAS, the State Compensation Board in an effort to address its reduction has proposed, among other things, to eliminate funding of its share of fringe benefits for Constitutional Officers, which would result in a loss of funding to the County in an amount of approximately $229,000 and WHEREAS, the State Compensation Board has in past years already significantly reduced its level of funding for its share of the costs of the budgets for the Constitutional Officers to address prior State budget shortfalls; and WHERAS, the State Compensation Board has, in an effort to reduce the impact of its reduced funding, indicated that it will be proposing to the General Assembly a fee for civil process for General District Court and Circuit Court cases, a fee which has been proposed in the past by other entities and has yet to be approved by the General Assembly and, therefore, appears to be a wasted effort; 096 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chesterfield County, Virginia that it does hereby express its opposition to a current proposal by the state Compensation Board to address its share of Governor Wilder's anticipated $500 million shortfall by reducing funding of the county's Constitutional Officers. AND BE IT FURTHER RESOLVED that the Board does hereby call upon the State Compensation Board, the Governor and the General Assembly to address State shortfalls of revenue in a forthright manner and to be open and honest with the citizens of the Commonwealth and not to address this issue by passing along its revenue shortfalls to local government so as to say that it did not increase taxes. AND BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the State Compensation Board, the Honorable Douglas L. Wilder and the County's representatives in the General Assembly. APPROVED: 097 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page AGENDA December 15, 1993 Item Number: 7.C.4. · 0f_~_ Subject: Approval of Resolution and Subsequent Appropriation of Recreation Access Grant Funds for the Warbro Road Athletic Complex. Count}, Administrator's Comments: CountyAdministrator: BoardAction Requested: The Board of Supervisors is requested to approve the attached resolution requesting grant funds and appropriate up to $250,000 for the construction of turn lane improvements to Warbro Road and a 1200' long entrance road to Warbro Road Athletic Complex. The resolution also requests designation of the new roadway as a "Virginia Byway." Summaryoflnformafion: The Board of Supervisors has appropriated funds for the Phase I development of the Warbro Road Athletic Complex on the Northern Area Landfill site. Additional funding will be required from Recreation Access Grant funds to construct the entrance road and improvements to Warbro Road to access the athletic complex. Preparer: "c hae~-~ Golden Attachments: Yes ~ No Title: Director for Parks and Recreation # 098 BOARD OF SUPERVISORS CHESTERFIELD COUNTY December 15, 1993 RE: RECREATIONAL AREA ACCESS ROAD FUNDS - WARBRO ROAD ATHLETIC COMPLEX WHEREAS, the Warbro Road Athletic Complex is owned and is to be developed by the County of Chesterfield as a recreational facility serving the residents of Chesterfield County and adjoining counties; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is provided by the County of Chesterfield at no cost to the State; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33-136.3, Code of Virginia 1966, as amended, requires joint action by the Director of Conservation and Historic Resources and the Highway and Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves tile use of such funds for the construction of access roads to publicly-owned recreational areas; and WHEREAS, the Board of Supervisors of Chesterfield County has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et seq.), Chapter 11, title 15.1; and WHEREAS, it appears to the Board that all requirements of the law have been met to permit the Director of Conservation and Historic Resources to designate Warbro Road Athletic Complex as a recreational facility and further permit the Virginia Highway and Transportation Board to provide funds for access to this public recreation area in accordance with Section 33-136.3, Code of Virginia 1966, as amended; and WHEREAS, the Board acknowledges that pursuant to the provisions of Section 33.1-233, as amended, this road shall be designated a "Virginia Byway" and recommends the State Highway and Transportation Board in cooperation with the Director of Conservation and Historic Resources, take the appropriate action to implement this designation. Further, the Board agrees, that in keeping with the intent of Section 33.1-63, to use its good office to reasonably protect the aesthetic or cultural value of this road: NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Chesterfield County hereby requests the Director of Conservation and Historic Resources to designate the Warbro Road Athletic Complex as a public recreation area; and to recommend to the State Highway and Transportation Board that recreational access funds be allocated for an access road to serve said athletic complex; and 099 BE IT FURTHER RESOLVED, that tile Virginia Highway and Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. A Certified Copy County Administrator 10O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15, 1993 Item Number: Page i of 2 7.C.5. Subject: Appropriation of Funds for the Redesign of the 1-95/Walthall Interchange Count}, Administrator's Comments: CountyAdministrator: BoardAction Requested: The Board is requested to appropriate $50,000 for preliminary engineering for reconstruction of the 1-95/Walthall Interchange. Summary of Information: BACKGROUND: The 1-95/Walthall Interchange becomes congested during peak periods. This congestion is expected to worsen as the 1,600 acres east of 1-95 and the 450 acres west of 1-95 currently zoned for industrial uses are developed. Major economic development prospects considering this area of Chesterfield County have expressed concern over potential congestion at the Walthall Interchange. A preliminary plan for the reconstruction of the interchange needs to be prepared for Federal Highway Administration and VDOT approval. This engineering is expected to cost approximately $50,000. After the plan is approved, the County should request VDOT to provide funding for the final engineering and reconstruction. (Continued on next page) Preparer: ~ ~ /7 Y/~'~C~-~-- ~'~./ Attachments: Yes ~ No Title: Director of Transportation CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) RECOMMENDATION: Staff recommends that the Board appropriate $50,000 from the Industrial Access Road Account for the preparation of a preliminary reconstruction plan for the 1-95/Walthall Interchange. The County Administrator should be authorized to enter into agreements with VDOT or private consultants for the design. DISTRICT: Bermuda and Matoaca 102 INTERSTATE INN TEXACO OI.D STAGE HOTEL N \ X. \, \ \ \ \ \ \ EXISTING WALTH ALL INTERCHANGE \\ CONCEPTUAL DESIGN FOR RECONSTRUCTED WALTHALL INTERCHANGE Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page ...~..~ of i 7.C.6. Subject: Transfer of Funds for Construction of Turn Lanes at Bermuda Orchard Lane/Route 10 Count}, Administrator's Comments: County Ad ministrator: BoardAction Requested: The Board is requested to adopt the attached resolution asking the Virginia Department of Transportation (VDOT) to transfer $65,000 of previously appropriated County/VDOT matching funds for the construction of turn lanes on Route 10 at Bermuda Orchard Lane. Summary of Information: BACKGROUND: Mr. McHale has received requests from citizens to construct turn lanes on Route 10 at Bermuda Orchard Lane. The turn lanes can be constructed for $65,000. Funding for the turn lanes can be provided by transferring $65,000 from the County/VDOT matching funds previously appropriated for the Centre Street Extension project. No additional funding is required from the County or VDOT. RECOMMENDATION: Staff recommends the Board adopt the attached resolution asking VDOT to transfer $65,000 in County/VDOT matching funds from the Centre Street Extension project to the Bermuda Orchard Lane/Route 10 turn lane project. The attached Project Development Schedule should also be adopted. DISTRICT: Bermuda Preparer: McCracken Attachments: ~-~ No Title: Director of Transportation f# 105 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors held at the Courthouse on December 15, 1993 at 3:00 p.m. WHEREAS, citizens have requested the Board of Supervisors to construct turn lanes at the Bermuda Orchard Lane/Route 10 intersection; and WHEREAS, turning movements at the intersection are currently unsafe due to the lack of turn lanes. NOW, THEREFORE, BE IT RESOLVED that the Board requests the Virginia Department of Transportation (VDOT) to transfer $65,000 from previously appropriated County/VDOT matching funds (revenue sharing) for the Centre Street Extension project to the Bermuda Orchard Lane/Route 10 turn lane project. BE IT FURTHER RESOLVED that the Board requests VDOT to immediately proceed with the construction of these turn lanes. Vote: Certified By: Theresa M. Pitts, Clerk to the Board of Supervisors 106 Construcf Turn ¥.-- To Rte. I Lanes To Hopewell ~ Route I0/Bermuda Orchard Lane ~ Left and Right Turn Lanes ~ Remove Crossover 1 0'/ COST ~65,000 3: I- Z 0 0 Z 0 oo ooo ooo ooo ooo §§§oo°°§ §§§oo°°§ 000 000 000 000 000 000 ~ qqq z o ~ ~ m>-  >~ 000 000 oo~o mo Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page of 7.c.7. Subject! Amending the Quality Alert Institute Contract for FY94 County Administrator's Comments:,, CountyAdministrator: BoardAction Requested,:, Approve an amendment to the Quality Alert Institute FY94 contract in the amount of $20,000. Summary of Information: .... The County's implementation of Total Quality Improvement (T.Q.I.) is moving faster than anticipated for FY94. More departments are requesting classes than planned when the contract was negotiated which allowed $50,000 per year for FY93, FY94, and FY95. In order to keep the level of enthusiasm high, staff recommends amending the contract to provide the requested classes. The total amount of the change for FY94 will be $20,000. State law requires Board approval of any change to this contract which exceeds $12,500 (25% of 50,000). Although the additional authority needed amounts to $7,500 staff is requesting Board approval for a $20,000 change to the Quality Alert Institute contract due to legal requirements. Preparer: Attachments: ~'~ Yes No Title: Director, Budget and Management # 109  CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page AGENDA Meeting Date: December 15, 1993 Item Number: 7.C.8. of 1 Subject: Expansion of Curbside Recycling Program Count}, Administrator's Comments: CountyAdministrator: BoardAction Requested: Authorize the County Administrator to execute a special project agreement with the Central Virginia Waste Management Authority (CVWMA) to expand the Chesterfield County Program to 40,000 homes, effective April 15, 1994. Summaryoflnformation: On August 25, 1993, the Board authorized an expansion of the Curbside Recycling Program to 40,000 homes, effective April 15, 1994. The additional cost for FY94 ($19,500) will be absorbed in the Management Services Division. Funding for FY95 will be addressed in the upcoming operations budget. This item only requests Board authority to execute the necessary special project agreement with CVWMA for the April 15, 1994 expansion. Attachments: ~-~ Yes No General Services Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA DecemXer !5, 1993 Item Number: Page ~- of 2 7.C.9. Subject: Refer to the Planning Commission Consideration of Designating Certain Categories of Special Exception Uses as Conditional Uses Count~ Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: By statute, the Board of Zoning Appeals CBZA'') is appointed by the Circuit Court and must hear variances and those Special Exceptions delegated to thereby the Board of Supervisors. A Special Exception is a special permit which allows a landowner to use his property for a particular purpose not explicitly allowed as a matter of right in the applicable zoning district. The factors considered in deciding Special Exceptions are similar in many ways to those considered for conditional uses. In each zoning district, the current ordinance specifies the types of uses for which Special Exceptions are available. For example, businesses are not allowed to be operated in a residential district. However, a person can operate a business from his home with a Special Exception granted by the BZA. Other than mobile home permits, operating a business from the home is the most common Special Exception granted by the BZA. Of the 19 non-mobile home Special Exception applications filed in FY93, roughly 80% of them were for businesses in the home. In 1984, the Board of Supervisors redefined Special Exceptions for daycare facilities to be conditional uses, but the following Special Exceptions are still available under the existing ordinance: Preparer: . ~ Title: Steven L. Micas Attachments: ~-~ Yes No County Attorney 0603:5558.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) 1. businesses from the home; 2. garage sales in excess of 7 days; 3. government buildings; 4. cemeteries; 5. charitable institutions; 6. non-profit clubs; 7. emergency rescue squads; 8. residential kennels (3 or more dogs); 9. fire stations; 10. greenhouses; 11. mobile homes in Agricultural districts; and 12. plant nurseries. The Planning Commission is requested to review all categories of Special Exception uses to determine whether any of those categories should be treated as conditional uses to be granted by the Board of Supervisors after public hearings before the Planning Commission and Board of Supervisors. # 112 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December !5, 1993 Item Number: Page 1 of~_._ 7.C.lO.a. Subject: Set a Public Hearing for January 12 to Consider Adopting Amendments to Section 14.1-27.1 of the County Code Relating to the Keeping of Inoperable Vehicles Count~ Administrator's Comments: CountyAdministrator: BoardAction Requested: Consideration of the attached ordinance Summary of Information: At the November 10 meeting, the Board responded to numerous complaints about junk vehicles by adopting an ordinance which prohibits residents from keeping inoperable vehicles on their property unless enclosed in a building or otherwise screened from view. The ordinance allows one (1) inoperable vehicle to be kept outside of an enclosed building so long as it is covered or screened from view, but does not limit where on the lot the vehicle may be kept. As suggested by a Board member, the proposed amendment will limit placement of abandoned vehicles to the rear yard. Steven L. Micas Attachments: ~S No Title: County Attorney 0603:5569.1 113 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD., 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 14.1-27.1 RELATING TO RESTRICTION ON KEEPING INOPERATIVE MOTOR VEHICLES; REMOVAL OF SUCH VEHICLES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14.1-27.1 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 14.1-27.1. Restriction on keeping inoperative motor vehicles; removal of such vehicles. 000 (b) Notwithstanding provision (a) above ~` ~h..ll 1-. .... I,...,-P,.1 I~ ............ .¢; .... ,--,~r .............. }, no._lt more than one (1) motor vehicle, trailer or semitrailer, as such are defined in Code of Virginia, section 46.2-100, which is inoperative may be kept outside of a fully enclosed building and shielded or screened from view pursuant to sections (a)(1), (2) or (3) above on any property zoned A, R-88, R-40, R-25, R-15, R-12, R-9, R-7, R-TH, R-MF, MH-1, MH-2, O-1, 0-2, C-l, C-2, C-3, C-4 or C-5 and such vehicle must be kept in the rear yard of the proper _ty. The rear yard shall be the yard extending across the rear of the lot between the rear line of the lot and the nearest line of the rear of the main building on the lot. 000 (2) That this ordinance shall become effective immediately upon adoption. 0603:4603.3 -1- 114 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15, 1993 Item Number: Page i of 2 7.C.10.b. Subject: Request to Set a Public Hearing Date for Through Truck Traffic Prohibition - Wadsworth Drive, Scottingham Drive, and Redbridge Road Count~, Administrator's Comments: CountyAdministrator: BoardAction Requested: The Board is requested to set January 12, 1993, as a public hearing date to consider prohibition of through truck traffic on Wadsworth Drive, Scottingham Drive, and Redbridge Road. Summary of Information: BACKGROUND: Staff has received a request from area citizens to prohibit any through truck or truck and trailer or semi-trailer combination, except pickup or panel trucks from using Wadsworth Drive (Route 2687) from 0.24 mile south of Midlothian Turnpike (Route 60) to Redbridge Road (Route 2510); Scottingham Drive (Routes 2728 and 3360) from Wadsworth Drive to Providence Road (Route 678); and Redbridge Road from Arch Road (Route 672) to Wadsworth Drive. The recommended alternate routes are Arch Road (Route 672), Midlothian Turnpike, Providence Road (Route 678), and Wadsworth Drive from Midlothian Turnpike to 0.24 mile south of Midlothian Turnpike. The Virginia Department of Transportation (VDOT) has five (5) primary criteria it considers when a prohibition is requested. Based on Staff's preliminary review, this request will satisfy three (3) of VDOT's five (5) criteria for imposing a prohibition, in that: 1) a reasonable alternate route is available, 2) Wadsworth Drive, Scottingham Drive, and Redbridge Road are Preparer: ~. J. ~/~ c_.~.~ ~ R.J. McCracken Attachments: Yes ~-] No Title: Director of Transportation # 115 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) classified as local roads, and, 3) within 150 feet of the centerline of Wadsworth Drive, Scottingham Drive, and Redbridge Road, there are at least 12 dwellings per 1000 feet. This request will not meet the remaining two (2) VDOT criteria in that: 1) the accident history of the roadway does not indicate that the road is not suited to truck traffic, and 2) the volume of through trucks does not exceed VDOT's 100 to 200 truck daily minimum. A request that satisfies three (3) of VDOT's five (5) criteria will generally qualify for a prohibition. VDOT has initiated a new administrative procedure wherein signs prohibiting through truck traffic on predominantly residential streets will be installed upon Board adoption of a resolution. This should eliminate six months to one year from the time VDOT has normally taken to impose a restriction. RECOMMENDATION: Staff recommends that the Board set a public hearing date to consider a through truck traffic prohibition on Wadsworth. Drive~ Scottingham Drive, and Redbridge Road and authorize the advertisement for that hearing. DISTRICT: Clover Hill N PROPOSED THROUGH TRUCK TRAFFIC PROHIBITION '"' '"" """ PROPOSED PROHIBITION ALTERNATE ROUTES 117 Z ~ 22> ~- Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15~ 1993 Item Number: Page 1 of 2 7.C.10.c. Subject: Set Public hearing for January 12, 1994 for consideration of a lease of a parcel in the Airport Industrial Park to C.K. Richmond Business Services L.P. for construction of' an approved industrial pad on said parcel. County Administrator's Comments: Board Action Requested: To set January 12, 1994 as the public hearing date for consideration ora lease to C.K. Richmond Business Services L.P. of a parcel in the Airport Industrial Park for construction of an industrial building pad on said site. Summary of Information: There is a need for additional industrial buildings in Chesterfield County to compete for new industry. While the office and retail real estate markets have been relatively sof~ over the past two years the industrial market has been comparatively strong. However, the financial regulations and reservations of financial institutions brought on by widespread real estate losses have resulted in virtually no new speculative construction, and thus alarmingly little available industrial space. As companies have discovered the lack of available buildings they have had to turn to new construc- tion backed by the company's financial strength. While there are numerous sites available to develop, the lead time to develop the site and building are frequently too long to meet corporate needs. Thus the need for developing a prepared industrial pad site. The concept is to get site plan approval and clear a site which would accommodate a 50,000 square foot building which is expandable to at least 100,000 square feet. Advantages include saving time so that Chesterfield is in a position to compete for time sensitive projects and having a Preparer: ~,/ ~. ¢/~,,¢'.¢,~//~/'~'~-/ County Admihfstrator: Attachments: Yes ~ No Title: Director? Economic Development 119 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page 2 of 2 Subject: Summary of Information (Continued) site that is visably more marketable. An agreement has been reached to develop such a pad site through a public-private part- nership. A private developer will lease land in the Airpark and proceed with site plan approval. Upon site plan approval construction of the pad will begin and be completed to specified standards. The developer will expend funds to develop the site with provisions under which the County can reimburse the developers for their costs and gain control of the site to sell to an end user. Obviously, the developer also has a vested interest in mar- keting the property through its network of corporate contacts. Overall, it is felt that this proposal is a unique opportunity for the county to stimulate economic activity. It is also offers the opportunity of forging new ties with the private sector while at the same time creating a marketing tool for Chesterfield. Therefore, staff recommends granting the County Administrator authority to execute the lease agreement with Childress Klein Properties to develop a pad site in the Airpark. agi3dl0/erk I# 120 I~ EY'"A N ROAD REDPINE I~OAD /';- UTILITY EASEMENT WAT EI~ AND' I~OUTE mem. ~ ~E A'5, h4"[ Ic:~' ' ~V'I ~ )0 m 12i Reycan Road Pad Site Property Description All that certain tract or parcel of land containing 13 + acres, located in the Dale Magisterial District of Chesterfield County, Virginia at the Chesterfield Airport Industrial Park, which parcel fronts approximately 561 feet on Reycan Road approximately 800 feet southwest of the intersection of Reycan Road and Whitepine Road, and is bordered approximately 860 feet on the northeast by Reynolds Metals, on the southwest approximately 875 feet by Route 288 and on the northwest by a line drawn between Reynolds Metals and Route 288 of approximately 775 feet, and is shown on the attached plat. MIS3070/jal 122 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page i of j_ 7.C.10.d. Subject: Set Public Hearing for Zoning Conversion Project and Related Zoning Ordinance Amendments Count~ Administrator's Comments: CountyAdministrator: BoardAction Requested: Set January 12, 1993, for a public hearing to consider the Zoning Conversion Project and related Zoning Ordinance Amendments. Summary of Information: On November 30, 1993, the Planning Commission recommended approval of the Zoning Conversion Project which will convert "old" zoning districts to "new" zoning districts and various ordinance amendments which address discrepancies between the "old" ordinance and the"new" ordinance as well as concerns identified by various individual property owners, civic associations and business organization. The Conversion Project will eliminate the need to maintain and explain two (2) zoning ordinances; result in adjacent properties being subject to the same development standards except where previous zoning conditions established different standards; and result in less confusion for property owners, citizens and the County. The attached memo and ordinances outline the project in more detail. Preparer: - .~~o~a s f ~~o~o~n~'~, Attachments: Yes ~ No Title: Director of Planning 123 BOARD OF SUPERVISORS ARTHUR S. WARREN, CHAIRMAN CLOVER HILL DISTRICT EDWARD B. BARBER, VICE CHAIRMAN MIDLOTHIAN DISTRICT J. L. McHALE, III BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT WHALEY M. COLBERT MATOACA DISTRICT CHESTERFIELD COUIYTY P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 LANE B. RAMSEY COUNTY ADMINISTRATOR MEMORANDUM TO: FROM: DATE: SUBJECT: Chesterfield County Board of Supervisors Thomas E. Jacobson, Director of Planning'~I/''' December 1, 1993 Zoning Conversion Project and Related Ordinance Amendments NOTIFICATION, ADVERTISEMENT AND PUBLIC RESPONSE Staff prepared detailed documents explaining the project and comparing the "old" district uses and requirements to those in the "new" districts. In addition, staff and members of the Planning Commission had several meetings with business and civic groups, as well as individual property owners to discuss and review the project. 2,350 individuals who own 3,861 properties as well as almost 1,000 other potentially interested individuals and groups were notified of the project and invited to attend one or all of the six (6) informational meetings held throughout the County during May 1993. The project and the date and time of the informational meetings were advertised in the Richmond Times Dispatch. Many individuals who could not attend the meetings contacted the Planning Department directly for more detailed information. These notifications and meetings were not required by County or State law, but rather were performed as part of the County's customer service efforts to explain this important project and its impact on the Community. Staff again notified the previous list of individuals and groups of the Planning Commission's September 30, 1993, public hearing. A large advertisement ran in the Richmond Times Dispatch on September 16. These notifications and advertisements also noted that updated information on future public hearings could be obtained by calling the teleworks line at 751- 4700 (998). These notifications and advertisements were not required by County or State Law, but again, were made to help the Community follow this project. As required by State Law, all Planning Commission and Board of Supervisors' public hearings are advertised in the Richmond Times Dispatch Classified Section fourteen (14) and seven (7) days prior to each public hearing. 124 Providing a FIRST CHOICE community through excellence in public service. Chesterfield County Board of Supervisors December 1, 1993 Page: 2 In general, the response to the project has been positive. As meetings were held throughout the Community, minor concerns were raised about certain use restrictions and development standards in the "new" Zoning Ordinance. Staff evaluated those concerns and agreed that certain Zoning Ordinance Amendments were warranted. On September 30, 1993, the Planning Commission held their first public hearing on the project and agreed to defer final action to allow staff and the Richmond Board of Realtors to meet and attempt to address particular concerns. Following that public hearing, staff met with the Richmond Board of Realtors and agreed that additional Ordinance Amendments would be appropriate to address discrepancies between the "old" and "new" Ordinances. On November 30, 1993, the Planning Commission held a second public hearing and following receipt of positive comments, recommended approval of the conversion and related Ordinance Amendments. Following is a synopsis of the related Ordinance Amendments: RELATED ORDINANCE AMENDMENTS ORDINANCE I This Ordinance: (1) Converts the "old" O, B and M Districts to the "new" O, C and I Districts; (2) Retains conditions of previous land use cases; and (3) Repeals Chapter 21. This Ordinance and Ordinance II actually accomplish the conversion project. ORDINANCE II This Ordinance will establish the date on which the "Zoning Conversion Project" is adopted as the date on which any use legally existing prior to the conversion becomes legally non- conforming, if applicable. ORDINANCE III The "old" Zoning Ordinance permits churches by right in commercial districts. During several Community meetings, representatives of various churches currently located in commercial districts, expressed concern that churches are not a permitted use in the "new" commercial classifications. This Ordinance Amendment will permit churches by right in C- 2, C-3, C-4 and C-5 Districts. Chesterfield County Board of Supervisors December 1, 1993 Page: 3 ORDINANCE IV The "old" Zoning Ordinance did not require setbacks adjacent to railroad sidings or navigable waterways in industrial districts. The "new" Zoning Ordinance requires a setback from these features. Several industrially zoned property owners expressed concern relative to the "new" Zoning Ordinance requirements. Following the Planning Commission's September 30, 1993, public hearing, the Director of Economic Development expressed concern that there was any required setback adjacent to a railroad for any non-residential use. Staff evaluated these concerns and agreed that those uses dependent upon a navigable waterway should not be required to have a setback adjacent to the waterway. Staff also agrees that there should be no setback adjacent to railroads for non-residential uses. The second part of Ordinance IV addresses flexibility in setbacks and other development standards where adjacent to A, R, R-TH or R-MF zoned property occupied by or zoned for non-residential or non-agricultural use. At the Planning Commission's September 21, 1993, work session, it was suggested that this Ordinance also include a provision that would not allow the flexibility if there is a time limit on the zoning for the adjacent non-agricultural or non-residential use on the A, R, R-TH or R-MF property. ORDINANCE V The "old" Zoning Ordinance allowed General Business (B-3) permitted uses and Conditional Uses by Conditional Use in all Industrial Districts. The "new" Zoning Ordinance allows Community Business (C-3) permitted uses and Conditional Uses by Conditional Use in all Industrial Districts. The Board of Realtors expressed concern that General Business (C-5) permitted uses and Conditional Uses were not allowed by Conditional Use in any of the Industrial Districts. It was generally agreed that C-5 permitted and Conditional Uses would be appropriate through Conditional Use in the more intense Industrial Districts (i.e., I-2 and I-3). ORDINANCE VI The Board of Realtors expressed concerns relative to inconsistencies between the "old" and "new" Ordinances relative to appropriate locations for shopping centers and motor vehicle rental. In addition, staff identified that drive-in theaters are not listed as a use in the "new" Zoning Ordinance. 126 Chesterfield County Board of Supervisors December 1, 1993 Page: 4 Shoppin~ Centers The "old" Zoning Ordinance did not address shopping centers in any zoning district. As a matter of interpretation, shopping centers had been permitted by right in all Commercial Districts (i.e., B-l, B-2 and B-3). The "new" Zoning Ordinance does not permit shopping centers in Convenience Business (C-1) Districts and in all other commercial districts has certain size and Iocational restrictions. Without an amendment to the "new" Zoning Ordinance, the conversion would render many existing shopping centers non-conforming. Staff recommends an amendment to delete the restrictions on shopping centers and to allow shopping centers by right in all commercial districts. It should be noted, however, that staff will continue to rely on the Comprehensive Plan for guidance as to the appropriate locations for new shopping centers as well as the various zoning districts "purpose and intent" statements outlined in the Zoning Ordinance. The most recently adopted Plans recommend locations and sizes in accordance with the standards currently outlined in the "new" Zoning Ordinances as well as the "purpose and intent" statements of each zoning district. Motor Vehicle Rental The "old" Zoning Ordinance permits motor vehicle rental in all commercial districts. The "new" Zoning Ordinance permits motor vehicle rental in a General Business (C-5) District and as accessory to motor vehicle sales in a Community Business (C-3) District. The Board of Realtors expressed concerns that the "new" Ordinance is more restrictive with respect to appropriate locations for motor vehicle rental. Staff recommends that the "new" Ordinance be amended to allow motor vehicle rental as a restricted use in C-2, C-3 and C-4 Districts. Motor vehicle rental would continue to be permitted by right in the C-5 District. Drive-In Theaters The "old" Zoning Ordinance permitted drive-in theaters in a B-3 District. The "new" Zoning Ordinance fails to address this use. Staff recommends that the "new" Ordinance be amended to include drive-in theaters as a use and to permit the use in a C-5 District. 127 Chesterfield County Board of Supervisors December 1, 1993 Page: 5 ORDINANCE VII At the time of the Ettrick Village Business Core and the Jefferson Davis Highway Corridor District standards were adopted, revisions to the areas of applicability of Post Development and Emerging Growth Districts Standards were not amended to reflect these new districts. Staff recommends that the "new" Ordinance be amended to address these discrepancies. The second part of the Ordinance relates to any Conditional Use Planned Development being exempt from the requirements of Post Development and Emerging Growth District Standards. Ordinance I addresses this issue and therefore, these references should be deleted. SUMMARY: Ordinances I and II are integrally related to the actual conversion of "old" zoning districts to the "new" zoning districts and should not be acted upon separately. The remaining Ordinances are independent of Ordinances I and II, as well as each other. These Ordinances are in response to concerns expressed at various meetings or to correct discrepancies. These Ordinances can be acted upon independently and are not necessary to actually accomplish the Zoning Conversion project; however, in staff's estimation, adoption of all of the Ordinances is reasonable and would maintain equity of certain uses and restrictions through the Conversion project. Should you have any questions concerning the project, contact me or Beverly Musselman. Enclosure WP/DEC93/DEC1/dm ZONING CONVER$1©N ORDINANCE I AN ORDINANCE TO AMEND THE ZONING DISTRICT MAPS OF CHESTERFIELD COUNTY, VIRGINIA; TO REPEAL CHAPTER 21 OF THE COOE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED; AND TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 5-2; SECTIONS 7.2-1 AND 7.2..8; SECTION 10-21, SECTIONS 18.1-1, 18.1-2, 18.1-t7, 18.1-21, 18.1-24, AND 18.1-54; AND SECTIONS 20-34, 20-37, 20-68, AND 20-69 RELATING TO THE DELETION OF OBSOLETE REFERENCES TO CHAPTER 21 [3E IT ORDAINED by the [3oard of Supervisors of Chesterfield County: _ as follows: That the Zoning District Maps of Chesterfield County, Virginia are amended Convert ail O, B, M Districts to O, C and I Districts as follows: Chapter 21 Chaoter 21.1 O to O-2 B-1 to C-2 B-2 to C-3 B-3 to C-5 [3-T to C-5 /vi-1 to I-1 M-2 to 1-2 M-3 to 1-3 3. All properties whose zoning classifications are changed pursuant to Section (1)A. shall be subject to the requirements of Chapter 21.1, except as otherwise provided in this resolution. (2) Section 4: That the following land use decisions remain in effect, except as provided in Ao B. C. D. E. Variances Conditional Uses Conditional Use Planned Developments Special Exceptions Mobile Home Permits 129 (3) That any conditions imposed or accepted as part of the followin§ !and use decisions shall remain in effect, except as provided in Section 4: B. C. D. E. F. Rezonings Variances Conditional Uses Conditional Use Planned Deve]oprnents Special Exceptions Mobile Home Permits If there is a conflict between conditions and Chapter 21.1, then the conditions shall apply. If there is no condition which addresses a specific use or development standard in Chapter 21.1, then the use and development standards of Chapter 21.1 shall apply. (4) That to the extent a change in zoning classification resulting from the conversion in Section (1)A. renders a previous Variance decision unnecessary then the standards of Chapter 21.1 shall control. (5) That to the extent there is an inconsistency between any information shown on the Zonin§ District Maps and any decision made by the Board of Supervisors or Board of Zoning Appeals since January 1, 1973, then the decision of the Board of Supervisors or Board of Zoning Appeals shall control. (6) That Chapter 21 is repealed and that Chapter 21.1 is reenacted. (7) That the Ordinance adopted April 12, 1989, enacting Chapter 21.1 and amending Chapter 21 and subsequently amended on April 22, 1992, June 24, 1992, and April 28, 1993, is repealed. (8) That the following sections of the Code of the County of Chesterfield, 1978, as amended, are amended and reenacted as follows: Sec. 5.2. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section: 0o0 Pig or Pigs: Swine of all ages except Vietnamese pot-bellied pigs, kept as household pe~ and in compliance with chapter= 2~, :nd 21.1 of this Code. 000 ORDI/NOV93/NOV25/dm 180 Sec. 7.2-1. Definitions. The following terms, whenever used or referred to in this chapter, shall have the respective meanings set forth below, unless the context dearly requires a contraw meaning or any such term is expressly defined to the contrary elsewhere in this chapter. 000 Land Disturbing Activity: Any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands in the county or adjacent jurisdictions, including but not limited to clearing, grubbing, grading, excavating, transporting and filling of land, and the installing of water, sewer, Ss or oil lines, drainage pipes and storm sewers, unless occurring on a hard-surfaced road, street or sidewalk; except, that the term shall not include any of the following: OO0 (3) Septic ~nk lines or drainage fields unless such lines or drainage fields: Are located in the Chesapeake Bay Preservation Areas described in ~h ~''" ~ ~ "' ch pre .1; ~,~, ....... a r 21 or 000 (7) Preparation for single-family residences separately built, unless such residences: Are located in Chesapeake Bay Preservation Areas described in ~ 21 or chapter 21.1; or 000 (8) Disturbed land areas for uses located in the Chesapeake Bay Preservation Areas described in chaptcr 21 ar chapter 21.1 which are less than twenty-five hundred (2,5000) square feet in size and disturbed land areas for uses less than ten thousand (10,000) square feet in size which are located outside of such areas. 000 ORDI/NOV93/NOV25/dm Sec. 7.2-8. Submission of olans. (a) Any person who applied for approval of an erosion and sediment control plan shall submit to the environmental engineer two (2) copies of such plan accompanfed by the program administration fee, identification of any Chesapeake Bay Preservation Areas described in ch:~,*c.: 2"' or chapter 21.1 and other support information which meets the requirements set forth in the Virginia Erosion and Sediment Control Regulations and the Virginia Erosion and Sediment Control Handbook. 000 .Sec. 10-21. Ino~eratiYe automobiles on residential, etc., proDerty. It shall be unlawful for any person to keep any automobile or automobiles on any property within the county zoned for residential, commercial and o_.r industrial pu~:poses by "~""*"' 2", of ~his C~dc whose condition is such that it is economically impractical to make them operative, except when kept within a fully enclosed building or structure. The provisions of this article as to notices to property owners, removal of unlawful substances by the property owner and by the county and collection of costs of removal by the county shall be applicable to such automobiles. 000 Sec. 18.1-1. Purpose of chapter. This chapter is adopted for the following purposes: 000 (10) To facilitate the further resubdivision of tracts or parcels of land. These regulations are established with reasonable consideration of the character of the county with a view toward conserving the value of buiidinBs upon the land and providing the best possible environment for human habitation. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and development standards confined in the Uniform Statewide Building Code, chapter ~ 21.1 of this Code, the utilities department water and sewer ordinance and the general plan and other applicable laws and re§uiations. A copy of this chapter shall be maintained on file in the office of the director of plannin§. 4 ORD I/NOV93/NOV25/dm 132 Sec. 18.1-2. Definitions. In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context dearly indicates otherwise: " ooo Final Plat: The plan of a subdivision of land which meets all the requirements of this chapter and chapter -2q- 21.1 of this Code, including any accompanying material, as described in division 3 of article II of this chapter, section 18.1-22 et seq. ooo Sec, 18.1-1 7. Recordation of plat prior to compliance with zoning ordinance prohibited. No plat of a subdivision of land shall be recorded by the subdivider unless and'until the area is included within a residential or townhouse zoning district as defined by chapter _--%1- 21.1 of this Code. ooo Sec. 18.1-21. Tentative 01at. The tentative plat shall be drawn at a scale no greater than one (1) inch equals fifty (50) feet for townhouse for sale subdivisions; other residential subdivisions shall be at a scale of one (1) inch equals one hundred (100) feet. Variations in scale may be made upon request at the discretion of the department of plannin§. The plat shall show correctly on its face the foilowin§ information: ooo (18) Chesapeake Bay Preservation Areas described in ";-"*~' *" ~' chapter 21.1 ooo Sec. 18.1-24. Final plat. The final ptat sheet(s) shall be sixteen (16) inches by twenty-four (24) inches and shall be prepared by a certified professional engineer or land surveyor. The final plat of the subdivision shall conform to the approved layout of the tentative plat unless changes are approved and show on its face the following information: 000 5 0 RD I/NOV93/NOV25/dm 133 (19) Chesapeake Bay Preservation Areas described in ck~ptc: ~ ~, ..or chapter 2t.1. 000 ,Sec. 18.1-54. Generally. (a) In general, the size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lot dimensions shall conform to the requirements of chapter _a-l. 21.1 of this Code. 000 (c) Depth and width of properties laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in chapter 21 21.1 of this Code. 000 Sec. 20-34. Water connection fees. The connection fee for water in the county shall be the capital cost recovery charge plus the meter installation charge based on the meter size and type of installation in accordance with the following schedules: 000 '" Per unit for a dwelling with a 5/8-inch meter. Dwellings served by larger size meters pay in accordance with the schedule shown for "ail other customer classes." See chapter _~- 21.1 for definition. Per unit, the per unit charge is based on 0.85 at the 5/8" meter charge. See. chapter .1 for definition. Sec. 20-37. Water rates. 000 In all cases not covered by contract made by the board of supervisors prior to July 1977 the consumer shall pay charges in accordance with the following schedules: 000 ORIDI/NOV93/NOV25/dm 134 ~'~ Per unit for a dwelling residence with a 5/8-inch meter. Dwellings served by larger size meters pay in accordance with the schedule shown for "all other customer classes." See chapter ~ 2'1.1 for definition. Per unit. The per-unit charge is based on 0.85 of the 5/8" meter charge. See chapter 1.1 for definition. OOO Sec. 20-68. Wa~tewater connection char~es The connection fee for wastewater in the county shall be as follows: OOO * Per unit for a dwelling with a 5/8-inch meter. Dwellings service by larger size meters pay in accordance with the schedule shown for "all other customer classes." See chapter ~ 2'1.1 for definition. Per unit, the per unit charge is based on 0.85 of We 5/8" meter charge. See, chapter .1 for definition Sec. 20-69. Wastewater charges. 000 All consumers shall pay ail applicable charges as follows: OOO '" Per unit for a dwelling with a 5/8-inch meter. Dwellings served by larger size meters pay in accordance with the schedule shown for "all other customer classes," except where virtual meter size policies apply..See chapter ~ 21.1 for definition. x~x Per unit. The per-unit charge is based on 0.85 of the 5/8" meter charge. See chapter ~ 21.1 for definition. (8) OOO That this Ordinance shall become effe~ive immediately upon adoption. 7 ORD I/NOV93/NOV25/dm 136 ZONING CONVERSION ORDINANCE II AN ORDINANCE TO AMEND THE CODE OF THE COUNTY '~ OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-3 RFLATING TO NONCONFORMING USES. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 0 0 0 (1) That Chapter 21.1 of the Code of the County of Chesterfield, amended is amended and reenacted to read as follows: ARTI(;LE 1. IN GENERAL. DIVISION 1. PURPOSE AND INTERPRETATION, 1978, as 0 0 0 Sec. 21.1-3. Nonconforming Uses. A~,:~ ,-~ In~ (Date of (a) Any lawful use, building or structure existing on ,,~, ..... , Adoption), or existing at the time of any amendment of this Chapter, may be continued even though such use, building or structure may not conform with the provisions of this Chapter for the district in which it is located. Such use, building or structure shall be deemed a "nonconforming use." A change in occupancy or ownership shall not affect such right to continue such use, building or structure. Nothing herein contained shall be construed to affect any building permit lawfully granted before A~':' "" I'~°'~ (Date of Adoption), nor any authorization of a Conditional Use or Special Exception lawfully granted before ^ ~-;I ~ ~ ~ non (Date of Adoption) (2) That this Ordinance shall become effective immediately upon adoption. 136 1 ORDII/NOV93/NOV26/dm ZONING CONVERSION ORDINANCE II! AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.'1-152 RELATING TO CHURCHES IN COMMERCIAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21.1 of the Code of the County of Chesterfield. 1978, as amended, is amended and reenacted to read as follows: ARTICLE 3. DISTRICTS o o o DIVISION 19. C-2 NEIGHBORHOOD BUSINESS DISTRICT. o o o Sec. 21.1-t52. Permitted Uses-By Right. Within any C-2 District, no buildings, structures or premises shall be used or arran§ed or designed to be used except for one (1) or more of the followin§ uses: o o o i.(j). Churches and/or Sunday Schools. ~ Clothes stores. ~(10 Communication studios, offices and stations, exclusive of towers. {-k--)(I) Curio or gift shops. ~(m) Department stores. (m)(n) Delicatessens. Frozen food locker and sales. Funeral homes or mortuaries. Furniture stores. 137 (q~(r) Health clubs. (-r-)(s) Hobby stores. (s~t~ Jewelry stores. ~ u.(~.Libraries. (-u-)(v) Locksmith operations. (-w)(w) Meat markets. f,.,v,,~ Medical facilities or clinics. ~ Messenger or telegraph services. ~ Motor vehicle accessory stores. (-z-}(aa) Musical instrument stores. (a:)(bb) Occult sciences such as palm readers, astrologers, fortune teilers, tea leaf readers, prophets, etc. ,~,~,,(CC) Office supply stores. r,-,.~ta,4~,,.,.,~,~,,t Optometrists sales and services. ,,,~,,(ee) Paint and wallpaper stores. (e.c),'ff) Pet shops, inc]uding pet grooming. ~(~¢) Philanthropic and charitable uses. {8g~hh) Photography studios. ,~.~.',nn Post offices. 0-;9(ii) Radio, teJevision and other home entertainment, sales and services. (~-)(kk) Rental of health and party equipment; and small home hardware, tools and equipment. (kk)(ll) Rest, nursing and convalescent homes and other group care facilities. 2 ORDII I/NOV93/N OV2 7/dm 138 (-kt)(mm) Restaurants to include carry out restaurants, but not fast food restaurants. ,,~--~,,,~, ,,, ,,,, ,, ,, Schools-music, dance and business. -~ (nn)(oo) Sewing machine sales', instruction, and services. (oo)(DO) Sporting goods sales. (i~)(ao) Telephone exchanges. <-qq-)(rr) Toy stores. (rr)(ss) Travel arrangin§ and transportation ticket services. (ss).(_~). Veterinary clinics. (2) That this Ordinance shall become effective immediately upon adoption. 3 ORDII I/N OV93/NOV2 7/dm _139 ZONING CONVERSION ORDINANCE IV AN ORDINANCE TO AMEND THE CODE OF THE COUNT~. OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 2.1.1-185~ 2'1.1-192, 2'1.1-199, 2'1.'I-243 AND 2.1.1-28'1 RELATING TO SETBAC]( AND YAI~D REQUIREMENTS ADJACENT TO RAILROADS OR NAVIGABLE WATERWAYS IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS AND DEFINING NAVIGABLE WATERWAYS; AND AMENDING AND ENACTING SECTION 2'1.1-243.1 RELATING TO YARD AND OTHER DEVELOPMENT REQUIREMENTS IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS WHICH AI~E ADJACENT TO A, R~ I~-TH OR R-MF ZONED PI~OP£P, TY OCCUPIED BY OR ZONED FOR NON~..StDENTIAL OR NON-AGt~ICULTURAL USE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21.1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to r~d'as follows: ART1CLE I!1. DISTRICTS 0 0 0 DIVISION 23. I-1 I. IGHT INDUSTRIAL DISTRICT 0 0 0 Sec. 21.1-185. Required Conditi0ns. In addition to the other requirements of this Chapter, the conditions specified in this section shall be met in the I-1 District: 0 0 0 (d) In addition to any other requirement of this Chapter, and except where adjacent to a railroad, the uses permitted in this District, plus any accessory uses shall, be located at least 100 feet from any agricultural, residential, townhouse residential or multi- ff~mily residential district subject to Section 21.1-202. 0 o 0 140 DIVISION 24. I-2 GENERAL INDUSTRIAL DISTRICT 0 0 0 Sec. 21.1-192. Required Conditions. In addition to the other requirements of this Chapter, the conditions specified in this section shall be met in the 1-2 District: 0 0 0 (cl In addition to any other requirement of this Chapter, and except where adjacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 200 feet from any agricultural, residential, townhouse residential and multi- family residential district subject to Section 21.1-202. 0 0 0 DIVISION 25. 1-3 HEAVY INDUSTRIAL OlSTRIC'[ 0 0 0 21.1-199. Re(~uired Conditions~ In addition to the other requirements of this Chapter, the conditions specified in this section shall be met in the I-3 District: (a) In addition to any other requirements of this Chapter, and except where adiacent to a railroad, the uses permitted in this district, plus any accessory uses, shall be located at least 300 feet from any agricultural, residential, townhouse residential, or multi- family residential district and at least 200 feet from any office, research and development, or business district subject to Section 21.1-202. 0 0 0 14i ORDIV/NOV93/N©V28/dm ARTICLE 6. DE'v'ELOPMENT REQUIREMENTS. OFFICE, COMMERCIAL AND INDUSTRIAL. DIVISION 1. GENERALLY. DEVELOPMENT REQUIREMENTS-COUNTYWIDE 0 0 0 Sec. 21.1-243.,,,,~.~,~ ..... ..~. Setback and Yard Requirements Adjacent to Railroads or Navi~ble Waterways,., Where required setbacks or yards are adjacent to a railroad, there shall be no setback or yard required for any use which is adjacent tO the railroad. Further, where required setback~ or yards are adjacent tO a navi~hle waterway, there shall be no setback or yard required for any use which is dependent upon the navi._~ble waterway. Provided, however, that nothing in this section shall supersede the provisions of Article 3, Division 3 relating tO Floodplain Districts; Article 4, Division 5 relating tO Chesapeake Bay Preservation Areas; or Article 4, Division 6, relating to the U~per Swift Creek Watershed. Sec. 21.1-243.1. Yard Requirement~ and Other Development Standards Adjacent to A, R, R-TH, R-MF Districts Where the A, R, R-TH, R-A, tF Property is Occupied by or Zoned for Non-Residential or Non-Agricultural Use. If O, C or I zoned property is adjacent to property zoned A, R, R-TH or R-MF and such adjacent property is occupied by or zoned for a non-residential or non-agricultural use, and such zoning does not have a time limit, the variations in yard requirements and other development standards specified by this Chapter where adjacent to O, C or I Districts shall be permitted. ARTICLE 10. DEFINITIONS Sec. 21.1-281. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: ooo Navigable waterways. Those creeks, streams or rivers which are subject to tidal influences. (2) That this Ordinance shall become effective immediately upon adoption. 3 ORDIV/NOV93/NOV28/dm J. 48 ZONING CONVERSION ORDINANCE V AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELDs. 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 21.1-190 RELATING TO USES PERMITTED BY CONDITIONAL USE IN GENERAL INDUSTRIAL (!-2) AND HEAVY INDUSTRIAL (!-3) DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21.1 of the Code of the County_ of Chesterfield. 1978, as amended, is amended and reenacted to read as follows: ARTICLE 3. DISTRICTS. o o o DIVISION 24. I-2 GENERAL INDUSTRIAL DISTRICT.. o o o Sec. 21.1-t90. (;onditionai Uses. The following uses may be allowed by Conditional Use in the I-2 District, subject to the provisions of Section 21.1-9: 0 0 0 (b). Any permitted or Conditional Use allowed in the C-5 District, unless otherwise permitted in the I-2 District. (-b)(c) Petroleum products or fuel (gas or liquid distribution) in exc~s of 18,000 gallons or cubic feet, but not to exceed 50,000 gallons or cubic feet. (e}L~ Mining and quarrying operations, subject to the restrictions outlined for such uses in Section 21.1-195 (b) plus any additional conditions which may be required by the Board of Supervisors. Steam generation plants producing steam for others. Marine terminals. ~. Subject to the requirements hereinbetow set forth, other uses which are not specifically enumerated in this chapter and which are of the same general character as the 143 specifically enumerated uses allowed in this district. Before consideration of an application to allow any use by Conditional Use pursuant to this subsection, the Director of Plannin§ must find in writ;n§ that the proposed use's operatin§ characteristics are subst~nti.a.lly similar to, and its impact on neighbor;n§ properties no greater than, the operating; characteristics and impacts of the specifically enumerated uses allowed in this district. Such find;n§ shall be based upon an analysis of the proposed use which includes among other things, consideration of the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. (2) That this Ordinance shall become effective immediateiy upon adoption. ORIDV/NOV93/NOVS/dm ZONING CONVERSION ORDINANCE VI AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF C;HESTERFtE:I D, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTtONS 21.1-145, 2'1..1-.153, 2.1.1-.159, 21.1-160, 2'1.'1-166 AND 2'1.1-173 RELAT1NG TO SHOPPING CENTERS AND MOTOR VEHICLE RENTAL A~ ?E]~iTI'ED AND RES-i'R]CTED USES IN COMMERCIAL DISTRICTS AND DRIVE-IN THEATERS AS A PERMITTED USE 1N GENERAL COMMERC]AL (C-5) DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21.1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: ARTICLE 3. DISYRIO'S 0 0 0 DIVISION 18. C-1 (;©NVENIEN(;E BUSINESS DISTRIO-. 0 0 0 Sec. 21.1-t45. Permitted Uses-By Ri~;ht. Within any C-1 District, no buildings, structures, or premises shall be used or arranged or designed to be used except for one or more of the following uses: 0 0 0 (t) ShoopinR centers. Tailoring and dressmaking shops. (-bg(v~ Underground utilib/uses except as provided in Section 21.1 -t 46(a), when such uses are located in easements, or in public roads rights of way. Variety store. ~,.,(x) Video rental and sales store. o 0 0 148 DIVISION 19. C-2 NEIGHBORHOOD BUSINESS DtSTRIC'T. o o o Sec. 21.1-1 53. Uses Permitted with (:ertain Restrictions. The following uses shall be permitted in the C-2 District subject to compliance with the following conditions and other applicable standards of this Chapter. If the following restrictions cannot be met, these uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: o o o (e) Motor vehicle rental provided that:. .0J No motor vehic;te repair ~hall be permitted; and (2_). No motor vehicle .~ales shall be permitted. o o o DIVISION 20. C-3 COMMUNITY BUSINESS DISTRICT. o o o Sec. 21.1-159. Permitted Uses-By Right. Within any C-3 District, no buildings, structures, or premises shall be used or arranged or designed to be used except for one or more of the following uses: o o o ~,~ c',,,~,,,,; ..... , ........ ;,I,,,4 ~*,..,, ~.1-, .... m-..;....4 ~ ,~--~4,-.,,,~- of +' .... +" 2 ORDVI/NOV93/NOV6/dm Sec. 21.1-'t60. Uses Pertained with Ce.main Restrictions. The following uses shall be permitted in the C-3 District subject to comp[i.ance with the following conditions and other applicable standards of this Chapter. If the following restrictions c~nnot be met, these uses may be allowed by Conditional Use, subject to the provisions of Section 21.1-9: O O O (c) .,,,+~_..~;,,..~.,4 ~,~+ ..... ~,~ Motor vehicle sales and rental and as accessory ~ provided that: to sales~ and rental, service and. repair or r (1) All such uses shall be set back a minimum of 100 f~t from adjacent residential and office properties or areas currently zoned agricultural and shown on the general Plan for residential or office use. This setback shall be landscaped according to Section 21.1-228(a)(4). (2) Storage yards for vehicles awaiting body repair/painting, auction or wholesale sales, shall be screened from view of any adjacent properties on which such yards are not permitted or do not exist, external public roads or areas currently zoned agricultural and shown on the General Plan for residential or office use; and (3) All gnrage-~ype doors shall be oriented away from, or screened from view of, adjacent residential or office properties, external roads or areas currently zoned agricultural and shown on the General Ptan. for residential or office use. (4) There shall be no elevated display structures for motor vehicles. 0 0 0 0 0 0 DIVISION 21. C.-.4 REGIONAL BUSINESS DISTRICT. 0 0 0 Sec. 21.1-166. Permitted Uses-By RiRht. Within any C-4 District, no buildings, structures, or premises shall be arranged or designed to be used except for one (1) or more of the following uses: used or ORIDVI/NOV93/NOV6/dm 147 0 0 0 DIVISION 22. C-5 GENERAL BUSINESS DISTRICT.. 0 0 0 ,Seq. 21.1-173. Permitted Uses---By R,i§ht. Within any C-5 District, no buildings, structures or premises sh;~ll be used, arran§ed or designed to be used, except for one or more of the following uses: O O O (s) Theaters, to include drive-in theaters. ~ Tire recapping and vulcanizing establishments. (~d(_.g.). Towers. (-u-)(v) Truck terminals. 6,~w) Utility trailer and truc!< rentats. (,;;)ff~) Wholesale trade of any products permitted to be sold at retail in this District. (2) That this Ordinance shall become effective immediateJy upon adoption. 4 ORDV1/NC)V93/NOV6/dm ZONING CONVERSION ORDINANCE VIi AN ORDINANCE TO AMEND THE CODE OF THE COUNTY " OF (~HESTERF]ELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21.1-245 AND 21.1-252 RELATING TO APPLICABILITY OF POST DEVELOPMENT AND EMERGING GROWTH DISTRICTS STANDARDS AND CONDITIONAL USE PLANNED DEVELOPMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 21.1 of the (;ode of the (;ounty of Chesterfield, 1978, amended, is amended and reenacted as follows: ARTICLE VI. DEVELOPMENT REOUIREMENT$ -OFFICE, C©MMERC]AL AND INDL,JSTRIAL, 0 0 0 DIVISION 2. DEVELOPMENT REQUIREMENTS - E/vlERGING GROWTH AREAS. 0 0 0 Sec. 21.1-245. Areas of Applicability and Exemptions. (a) The standards outlined in this division shall apply to all development in office, commercial and industrial districts with the exception of those areas outlined in divisions 3, :nd 4, and 5 of this article. DIVISION 3. DEVELOPMENT REQUIREMENTS - POST DEVELOPMENT AREAS. 0 0 0 Sec. 21.1-252. Areas of Applicability and Exemptions. The post-development areas shall include ali lands as specified herein and which are located in office, commercial and industrial districts. Post-developed area shall include: 000 149 (c) Jefferson Davis Highway: (1) Northern area, excluding that land area identified by this .chapter as Highway Corridor District - The Jefferson Davi~ Highway Corridor,. extending from the Richmond corporate limits to Proctors Creek, including all land, east of Jefferson Davis Highway and all land to a depth of eight hundred (800) feet west of the centerline of Jefferson Davis Highway, unless the parcel or project extends further than eight hundred (800) feet in which case the requirements shall apply to the entire parcel or project. (2) Central area, extending from Pro~or: Creek the centerline of Route 288 to the centerline of Old Bermuda Hundred Road and including all land to a depth of eight hundred (800) feet from west of the centertine of Jefferson Davis Highway, unless the parcel or project extends further than eight hundred (800) feet, in which case the requirements shall apply to the entire parcel or project. Further, extending from the centertine of Route 10 to the centerline of Old Bermuda Hundred Road and including all land to a depth of eight hundred (800) feet east of the centerline of Jefferson Davis Highway, unless the parcel or project extends further than eight hundred (800) feet, in which case the requirements shall apply to the entire parcel or project. O O O (0 Ettrick Community, excludinR that land area identified bY this chapter as Village Overlay District - The Ettrick Busines~ Core,. bounded by Dupuy Road on the north, the Colonial Heights corporate limits on the east, the Petersburg corporate limits on the south and the Seaboard Coastline Railroad on the west. 0 0 0 (h) ° ....... ~ (2) That this Ordinance shall become effective immediately upon adoption. 2 ORDVII/NOV93/NOV15/jab 2,50 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page 1 of, REPLACEMENT 7.C.11. Subject: Request for Bingo/Raffle Permit County Administrator's Comments: CountyAdministrator: BoardAction Requested: Approval of Bingo/Raffle Permits Summary of Information: The County Attorney's Office has reviewed the following applications for a bingo/raffle permits and has determined that the applications meet all statutory requirements: Organization Type Year La Societe Des 40 Hommes Et 8 Chevaux, Voiture 1530 Bingo/Raffle Tuesdays 7:00 p.m. 15930 Happy Hill Rd. 1994 Central Virginia Council of the Blind Bingo/Raffle Saturdays 11:00 a.m. -4:00 p.m. Sundays Noon - 5:00 p.m. 1994 Preparer: · Title: ~teven L. m~cas ---]Yes County Attorney 0903:5159.24 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary of Information: (Continued) .Organization Cavalier Athletic Club, Inc. Poseidon Swimming, Inc. Knights of Columbus, Council #6189 A1 Bartraw Jr., Chapter 50 Disabled American Veterians Brandermill Lions Club St. Augustine Roman Catholic Church Notre Dame Club of Richmond Thomas Dale Band Boosters 0905:389.24 .TYpe Bingo Thursdays & Saturdays 7:00 - 10:00 p.m. Bingo/Raffle Sundays 1:30 p.m. Mondays 7:00 p.m. Bingo/Raffle Wednesdays 7:00 p.m. Bingo During Co. Fair Bingo Tuesdays 7:00 - 10:00 p.m. Bingo Fridays 6:00 - 11:00 p.m. Raffle Various dates Raffle Various dates Year 1994 1994 1994 1994 1994 1994 1994 1994 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Summary of Information: (Continued) Organization Beach Community Grange #958 Midlothian Rotary Club, Inc. Mid-Cities Civic Assoc., Inc. Type Bingo Fridays 7:00 p.m. Raffle Tuesdays 7:30 - 8:30 a.m. Bingo/Raffle December 31, 1993 7:30 p.m. Year 1994 1994 1993 Manchester-Richmond Chapter #1078 Women of the Moose Raffle Various dates 1994 0905:389.24 CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles The undersigned application, pursuant to §18.2-340.1,e__t seq. of the Code of Virginia, requests the Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games X , raffles X , or both __ during the 199 4 calendar year. This application is for a new ~ or renewal X permit. In support of this application, the applicant offers the following information under oath: 1. Official name of organization: La Societe Des 40 Hommes Et 8 Chevaux, Voiture 15_30 Address of organization's headquarters (please include street address, city and zip code): 15930 Happy Hill Road, Colonial Heights, VA 23834 Address where all records of receipts and disbursements are permanently filed: 15930 Happy Hill Road, Colonial Heiyhts: VA 2383~ Names and address of owner of the property described in 3 above: Voiture 1530, La Soc].ete Des 40 Hommes Et 8 Chevaux, 15930 Happy Hill Road: ~olonin.l Mo. lght~ VA ~3834 Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and zip code: 15930 Happy Hill Road, Colonial Hei~hts~ VA 23834 NOTE: THIS PERMIT IS V.4L1D ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): Every Tuesday, 7:00 PM 10. 11. 12. Time patrons are admitted and sales begin: 5:00 PM Date when organization was founded: March 22, 1922 Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes X No __ Is your organization currently and has your organization always been operated in the past as a non-profit organization? Yes X No __ Tax exemption status under the Internal Revenue Code (if applicable): Non-Profit 0257 (50iC) State the specific type and purpose of your organization: Veterans' Organization, established to promote Child Welfare, Americanism, Nurses Training 13. 14. 15. If renewing a permit, were financial reports filed on time and in compliance with all applicable legal requirements? Yes X No ~ List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $49587.89 2nd qtr: $50850.35 3rd qtr: $55654.i6 4th qtr: $ 58518.32 Officers of Organization: Nsme President: Royic e Rasnake v~ pr~,~a~. W.F. Carwile Secretary: Layrenc e Byam Treasurer: Thoma~ Lavinka Address 2 4Bu 'n t Ay 23834 1401 Covington Road ~ nl nlra. in I 1~ n-~ .h+..~ VA i5 1--g~lver ~regt Roa~ Che. ster, VA 23831 506 Mac Arthur Avenue Colonial Heights, VA 2~834 Bus. Phone Home Phone 287-7097 330-7131 _526-5454 526r2252 765-1495 796-4738 526-2214 16. 17. Member authorized within the organization to be responsible for conduct and operation of bingo games or raffles; and who will be responsible for filing the financial report if the organization ceases to exist: Name: Richard Kirkland Address: 14117 Cherry Street, Chester, VA23831 Home Telephone: 748-2679 Business Telephone: Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-340.13of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No - over- The organization mus' mintain and filed with the County's Inter Audit Department complete recc, rds of receipts and disbm-~-_dents pertaining to bingo games and raffie'o--~ required b~ State had County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes X No The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes X No __ The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Vireinia, is subject to having such permit revoked by the local governing body? Yes X No Any person violating the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, shall be guilty of a Class I misdemeanor and any person violating the provisions of §18.2-340.gshall be guilty of a Class 6 felony? Yes X No __ The organization must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit? Yes X . No H. The organization must comply With the provisions of the current Chesterfield Coun~ Bingo-Raffle Administrative Manual? Yes X No 18. Your organization must attach a copy of the organization's Charter, articles of incorporation, bylaws, or other legal documents which describe the specific purposes for which the organization is chartered or organized and must complete the Resolution below. 19. Your organization must submit a check in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee. 20. Additional pages where necessary to fully complete this application may be attached. 21. Have you and each officer of your organization read the attached permit and do y~u and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes . No 22. 23. Submit this application to the Chesterfield County Attorney's Office by mail to: P. O. Box 40, Chesterfield, Virginia 23832 or by hand to: Route 10 and Lori Road, Administration Building, Room 503. I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief WITNESS the following signatu~ls: Signature of Applicant: Name: Thomas Lavinka Title: Treasurer Address: 506 Mac Arthur Avenue, Colonial Heights, VA 25854 Business Phone: Home Phone: 526-2214 Subscribed and sworn to ~e~o~ ~//~~ ,~ ~ ~.a ~om~ ~blic in ~a for the Ci~/Coun, ~d State aforesaid, t~s ~. y ~.~ ~~t ~ , 199 ~. ~ ~ ~./ Nom~ ~blic e, c rs e eruomz O ar m cro or THE ORG~I~TION TO ~PLY FOR THE PE~IT ON BEH~F OF THE ORG~I~TION. ~PLIC~T MAY NOT BE ~ AUTHO~ZING SIGNATORY. RESOLUTION BE IT RESOLVED THIS 21st day of October ,199 3 (date resolution passed), that Thomas'~. Lavinka is hereby authorized to apply to the Chesterfield County Board of Supervisors fora bingo/raffle permit on behalf of this organization for the 199.25~/)calendar ig~f~./~ / Revised 10/1/92 ~uth"o~fi~ed signature ~Officer or Director) 40 ommes 8 hevaux VOITURE 1530 15930 HAPPY HILL ROAD COLONIAL HEIGHTS, VIRGINIA 23834 CONSTITUTION of VOITURE 1530 PREAMBLE "For God and country we associate ourselves together for the following purposes: To create a charitable and non-profit organ- ization; to uphold and defend the Constitution of the United States of America; to assist and promote the welfare and wellbe- lng of those who served in the Armed Forces of the United States during all wars and conflicts, recognized by the Congress of the United States, and their widows and orphans; to participate in all memorial services for and to be present at the funerals of departed comrades; to take part in and to encourage others to participate in the proper observance of all days honoring veter- ans; to preserve the memories of our Service in the Armed Forces of our Country; to actively participate within our membership in projects relating to (a) the welfare of the children of America; (b) the health of our Nation by fostering a nurses training program; and (c) Selected charitable endeavors." ARTICLE I - NAME Section I - The name of this Voiture shall be Chesterfield County Voiture Locale 1530 La Grande Voiture de la Virginie, La Societe des Quarante Hommes et Huit Chevaux, but shall be referred to as the Colonial Heights Voiture. ARTICLE II - NATURE AND PURPOSE Section I - The nature and purpose of this organization are set forth in Article II of the Constitution of La Voiture Nation- ale and Article II of the Constitution of La Grande Voiture, de la Virginie. ARTICLE III - ELIGIBILITY AND PETITION FOR MEMBERSHIP Section I - Eligibility for membership in La Societe shall be determined in accordance with the provisions of Article IV of the Constitution of La Voiture Nationale. 0 >.. "-r- X t,.,,~ ,.,v' -,,-~ LI.J 0 0 0 l_k.l -'t- -1.- ry..U X I.ll ULLI Z I'-'- C) _J I ZO~ z~z ~Z~ ~0~ Z~ u~ z ~0 ~a ~o~e~e ~es 40 ~ommes e! 8 ~hevaux VOITURE 1530 15930 HAPPY HILL ROAD COLONIAL HEIGHTS, VIRGINIA 23834 RESOLUTION WHEREAS: WHEREAS VOITURE 1550 OF THE FORTY AND EIGHT IS AN ORGANIZATION OF WAR VETERANS AND VOITURE i550 IS INVOLVED 'IN MANY CHARITABLE, COMMUNITY AND EDUCATIONAL ACTIVITIES AND THE FUNDS FOR THE ABOVE ACTIVITIES ARE MAINLY DERIVED FROM OUR WEEKLY BINGO OPERATION THEREFORE, BE IT RESOLVED: THAT COLONIAL HEIGHTS VOITURE 1550 AT A REGULAR MEETING ON 21 OCTOBER 1995 DOES HEREBY AUTHORIZE THOMAS LAVINKA TO APPLY FOR A BINGO/RAFFLE PERMIT FROM THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS ON BEHA-I~F OF THIS ORGANIZATION FOR THE i99~ CAIL~NDAR YEAR. ROY~CE RASNAKE, CHEF DE GARE (PRESIdenT)  CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organi:,ation: ~ 7'/; ,~ 0 J,'//~- ~. ,,T dd,.t,/_ _ 0'/<., 0 ,,,~ ,/~/ff Zr"' o Ad&ess of organi?ation's headquarters (please include street ad&ess, city and zip code): Ad&ess where all records of receipts and disbursements are permanently fded: /~.b--J:'O,~r ~/~,~- Names and ad&ess of owner of the property described in 3 above: ,,'~fi'~ ~g/ ~d- ~aJd/(~ 4,' Ad&ess(es) where bingo games will be held or rafflE &awings conducted (please include strce~ ad&ess, city and NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above ad&ess(es): Date when org ' ation was founded: ×//o X/~ ,d~Z / ?a° Has your organi?afion been in existence and met regularly in Chesterfield Co.unJy or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes ~-... No Is your organi?ation currently and has your organi?ation always been operated in the past as a non-profit organi?ation? Yes ~. No ~ If not, explain 10. Tax exempt status under the Internal Revenue Code (if applicable): /'~,.J-~/~/O/&~ /d)/~v/~,)~--~c-O/- ~- '~ 11. Sta. te~the spec'.~c type and purpose .of .your organi?ation: /)~'~~~.'..~Td ~~"~ 'o~ ~o,/-~-'~ 12.TM -Type of permit applied forf Bi~go Games 'V Raffles ~ Both ~ 13. Application is for a new rcn permit. If renewing a pe~rmit, were financial reports fdcd on time and in compliance with ~'~ppl~ble legal requirements? Yes ~,,'~. No 14. 16. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the da~s application: 1st qtr: $ ~,33"~.,.~aCQnd qtr: $d~'7'/,.~./~ 3rd qtr: $ ~L'I~.I~' 4th qtr: $ I.~.,.,.q Officers of Organi?afion: President: Vice President: Secretary: Treasurer. Name Address Bus. Phone '..:2:~a-:z. &~J~,,J~,H er' ~/0 3/70~eX AR, ~[~'~11 Home Phone Member ~uthorized ~thin the. organi?ation to be responsible for conduct and operation of bingo games or raffles; Same: co 9/ & Ad&ess: Home Telephode: ~.. O,.,~...C' Business Telephone: o~'Z:g',.,-?'O,_?, ~,~q" . 17. Member authorizejt~within th.e organization to be responsible for fding the financial report if the organi?ation ceases to exist: -~6_9 ~ {.~9//7~,~ ~t 18. Do you, and each officer, director and member of the organi?ation fully understand the following: Ao It is a violation of law to enter into a contract with any person, firm, association, organi?ation (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classificatio~9/whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes I,/ · No - over- The organiTation mu,~ ~aintain and file with the County's Interr ~udit Deoartment complete {ecords of receipts and disbure-~aents pert_ainlng to bingo games and raffle~,_~s required by State and County I~aw, and that s records are subject to audit by the County's Internal Audit Department? The organization must remit an audit fee of 2% of gross receipts with the Ann~al Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes '~-f. No . The organi?ation must furnish a complete list of its membership upon the request of the County's Internal Audit De.pj~rtment or other designated representative of the Board of Supervisors? Yes..q~ . No The organi?ation shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organiTation is specifically chartered or organized, ~t no less than 8% of gross receipts averaged for three consecutive annual reporting periods· Yes ,t/,r . No No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the.,preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes lc,,~. No Go No person shall participate in the management, oPeration or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was f.,q~d by a local jurisdiCtion to have been operated in violation of state law or local ordinance. Yes '[/ . No Ho Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18·2 of the Code of Vireinii~. is subject to having such permit revoked by the local governing body? Yes %,,'/ . No~ Any person violating the provisions of Article 1.! of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemean/and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes ~/r . No Jo The organization must provide written notificatiOn to the County's Internal Audit Department of any change in/elected officers or bingo chairperson during the calendar year covered by this permit. Yes J. No The organiTation must comply/with the provisiOns of the current Chesterfield County Bingo-Raffle Administrative Manual Yes b/ . No 19. Have you and each officer of your organi2ation read the attached permit and do yo31.nmd each officer agree on behalf of the organiTation to Comply with each of the conditions therein? Yes ~ . No I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: fl Title: '~'~/~) ~ o ~//~/~ .~ B~ess Phone: Home Phone: STATE OF VIRGINIA ~ffi:t~/COUNTY OF /(~a..- '~'-' TO-WIT: wor, to .-f~/County ~d State aores~ this ~ ~.~ ~ay ~ ~ ~~. , My Commission Expkes: /~__ t~-~t~j P~c .' , a Notary Public in and for the 19925 RESOLUTION BE IT RESOLVED THIS day of /~/o k'/ff~//o .g~.,ff'~: , 199 ~'--~' (date resolution passed), that is hereby authorized to apply to the Chesterfield County Board of Supervisors fora bingo/raffi_~_.~e permit on behalf of this organization for the 199 ff,2. calenda[~,, ye~.~. f,e o rAuth&ized si Revised 10/1/93 g~rature (O r D' ecto ) CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT By Resolution of the Chesterfield County Board of Supervisors duly adopted on ,19 , permission is hereby granted to to conduct located at during the calendar year THIS PERMIT WILL EXPIRE ON DECEMBER 31, 19 . This permission is granted subject to compliance with § 18.2-340.1 - 18.2-340.14, Code of Virginia, 1950, as amended, and the following conditions: Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those lawful religious, charitable, community or educational purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involving the operation of your organization and used for lawful religious, charitable, community or educational purposes. Your organization shall be required to contribute an annual minimum of five percent (5%) of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and no less than eight percent (8%) of gross receipts averaged for three (3) consecutive annual reporting periods. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of' the Code of Virginia, 1950 as amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles. Your organization shall not enter into any contract with or otherwise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment. Your organization shall not place or permit to be placed any sign or signs advertising any bingo game on the premises or within one hundred (100) yards of the exterior of the premises where such bingo game is to be conducted. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed annually under oath with the County. Internal Audit Department on a form furnished by that department. Your report shall be submitted to Internal Audit as outlined in the County Bingo-Raffle Administrative Manual. Your report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the period which commenced on the first day of October of the previous year and ended - over - 10. 11. 12. 13. 14. September 30 of the current year. In addition, if your organization's gross receipts exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disbursements during suCh quarter no later than 60 days following the last day of such quarter. ANY ORGANIZATION VIOLATING THIS CONDITION SHALL HAVE ITS PERMIT A UTOMA TICALLY REVOKED. No person, firm, association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to conduct bingo games or raffles any consideration in excess of the current fair market rental value of the premises and in no event shall such sum of money be based upon or determined by a percentage of the proceeds derived from the bingo games or raffles. No orga~zation ~hall hold bingo games more frequently than two calendar day's in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. No person shall manage, operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted on a felony or a crime involving moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the CounW of Chesterfield or the Code of Virginia. TO CONTINUE OPERATIONS INTO THE SUCCEEDING YEAR, THIS PERMIT MUST BE RENEWED BY THE BOARD OF SUPERVISORS BEFORE THE END OF EACH CALENDAR YEAR. THE PERMIT IS VALID ONLY AT THE PLAYING LOCATION LISTED ON THE PERMIT APPLICATION. THIS PERMIT OR A COPY THEREOF MUST BE POSTED ON THE PREMISES WHERE BINGO GA ~!ES .... OR ~r:'..~'~ ~'~r, ~, ~.,~o~v ,-~RE CONDUCTED. THIS PERMIT IS NOT ASSIGNABLE. By: Chairman, Board of Revised 10/1/93 0905:2246.2 Supervisors Attest: County Administrator APPLICATION FOR A PERMIT TO CONDUCT BINGO GAMES OR RAFFLEs I'ne undersigned application, pursuant to §18.2-340.1, et set. of the Code of Vir~inia, requests ~he Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games X , raffles ~ or both durin~ the 1994 calendar ye,~. Th~s application is for a new or renewal X permit. I__9.n support of this application; the applicant offers the followin~ information under oath: 1. Proper name of organization: CAVALIER ATHLETIC CLUB~ INC. 2. Address of organization's headquarters: 20910 jAMES STREET~ ETTRICK~ VA. ~O~ 3. Addres-~ where all records of receipts and disbursements are permanently filed: 20910 JAMES STREET~ ETTRICK~ VA. LI3~D~ 4. Name and address of owner of the property described in 3 above. CAVALIE~ ATHLETIC CLUB. INC. 20910 JAMES STREET, ETTRICK, VA. 23803 5. Address or addresses where bingo games will be held or raffle drawings conducted:' 20910 3AMES STREET, ETTRICK, va. ~35~ NOTE: THIS PERMIT IS V~ZID ONLY AT THE ABOVE LOCATION. 6. Dates or days of week and time when bingo games or raffles will be held at the above address(es): THURSDAYS~ 7 P.M. TO 10 P.M. AND SATURDAYS 7 P.M. TO 10 P.M. 7.' Time patrons are admitted and sales begin: 6:15 P,M. ~ACH NIGHT 8. Date when organization was founded: 1948 9. Has your organization been in existence and met regularly in Chesterfield County for two years !~fltat-ly prior to making this application? Yes X No __-- 10. Is your organization currently and has your organization always been operated in the past as a non-profit organization? Yes X NO __ ~(~J~ 1~&7 11. Internal Revenue Code section for tax-exempt status was granted (if applicable) yER (COPY INCLOSES) 12. State the specific type and purpose of your organization: TO PROMOTE AND SPONSOR HIGH STANDARDS OF ATHLETICS AND FELLOWSHIP 13. 14. 15. 16. If renewing a permit, were financial reports filed on time and in compliance with applicable legal requirements? Yes X No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $33,450.75 2nd qtr: S34,646.00 3rd qtr: $ 36~960.25 4th qtr: Officers of Organization: Name Address President: RICKY BROCKWELL 18104 BONNIEVILLE LN.,DINWIDDIE,VA. 469-753~. ROBERT BELCHER 27516 FLANK RD, PETERSBURG,VA. 733-9155 Vice President: Secretary: WILLIAM MOORE 1658 MONTICELLO ST.,PETERSBURG.VA. '732-59~6 Treasurer: ROBERT CHEELY RT.1, BOX 158, WARFIELD, VA. 734-4643 ~49-.7561 Member authorized within the organization to be responsible for conduct and operation of bingo games or raffles: Name: ROBERT M. CHEELY,III. Address: RT.1, BOX 158, WARFIELD~ VA. 23889 Home Telephone Number804-949-7561 Business Telephone Number: 804-734-4643 17. Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No -- -over- cd11668:C~2 B. The organization must maintain and file with the County's Internal Audit Department complete records of receipts and disbursements pertaining to bingo games and raffles as required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes X No C. The organization must remit an audit fee of.lWof gross receipts with the Annual Financzal Report not later than ~aa~oe~ 1 unless gross receipts are less than S2,0007 Yes X No D. The organization must furnish a complete list of its membership upon the request of the County Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No E. Any organization found in violation of §18.2-3~0.10 of the Code of Virsinta, authorizing this permit is subject to having such permit revoked and any organization or person, shareholder, agent, member or employee of such organization who violated §18.2-3~0 or Article 1.1 of Chapter 8 of Title 18.2 of the Code of Vtr~inia, may be guilty of a felony? Yes ._X .. No F. The organization must providewTitten notification to the County Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit? Yes X No 18. Your organization must attach a copy of the organization's charter, articles of incorporation, bylaws, or other legal documents which describe the specific purpose~ for which the organization is chartered or organized and must complet~ the Resolution below. 19. Your organization must submit a check in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee. 20. Additional pages where necessary to fully complete this application may be attached. 21. Have you and each officer of your organization read the attached permit and do you and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes X No -- 22. Submit this application to the Chesterfield County Attorney's Office by mail to: P. O. Box ~0= Chester£ield~ V~r~t~la 23832 or by hand to: Route 10 and Lori Road~ Administration Bldg, Room 503. 23. I hereby swear or affirmunder the penalties of perjury as set forth in §18.2-~3~ of the Code cf Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: Name: Title: Address: 804-734-4643 Business Phone: ~ . Irtl ROBERT M. CHEELY, III. ~/' TREASURER/BINGO CHAIRMAN RT.1, BOX 158, WARFIELD, VA. 23889 Home Phone: 804-949-7561 STATE OF VIRGINIA ~/Co,u'~y and State aforesaid, this ~. da~ of ~ ~. , 19 ~..~ . ~4y CcmmA~sion Expires: BE IT RESOLVED THIS Notary Public~ RESOLUTION 16TH~ay Supervisors for a bingo/raffle Authorized signature (Of~! :er )f NOV. , 19~__ (date resolution passed), that ROBERT M. CHEELY,III. is hereby authorized to apply to the Chesterfield County Board of permit on behalf of this organization for the 1994 calendar year. or Director) cd11668:C~2 Inlernal Revenue Service District Director Cavalier AthleYio Club of Peterabu:g, 7irginia Y-noorpo=aYe6 3806 Galena Ave . F~pewell, Vt=ginia 23860 ent el the Treasury Internal Revenue Code: Section 601lei ~) Fetm 990 Requir~d: G Period Ending: ~ ~n~ac~t ~ber: 3o - 2- 773 Dear Applicant: ~,:: 9ased on tntorflatton suppli'e~. as stated in your applicatiofl:!£o~.~recognit determined you are exempt £r0m::~Federa: of the Internal Revenue Code See~ion Unless specifically exoepted~-r:'~you ar Federal Insurance Contributto~$':'Aot ( remuneration o£ $50 or moret~;,~eaeh quarter. And. unless Federal Unemployment Ta~ your employees during a preceding calendar year, one each of 20 calendar weeks quarter. If you have any fi~:'aboUt Federal taxes, please address'-theato Zf Four purposes, chares(e! you must let us know es we can.?boaside] your exempt-status. Also, name or address. The block checked at th, of tht~' must file Form 990, Returri'o~0r~ the Yes _box is checked, yOU are~O~ly gross receipts each yea~ required, it must be filed by end of your annual accounting: a day, up to a max£mua Of time. r:operations will be we have tho provisions under the ) on Lng a calendar under the to each of ourrent or at any time in in any calendar or other is changed, the ch§nge on in your OWS'whether you Income Tax. If 990 if your 0~0. If a return is month after the penalty of SIO return on 31 Hopkins Plaza, Baltin~e, MO 21201 Letter 948 IDOl You are not req~ ed to file Federat4heoms tax .urns unless you are subject to the tax on unrelated bU~:{fleSS:'in¢ome under s~ction 511 of the Code. 1£ you are subject to thief.tAx, you must rile an incoa~ tax return on Form 990-T. In this 1erie! ~ ~ot determinin~ whether any of your present or proposed activities~' I trade or business as defined in section 51~ or the You need an employer.identification n~eb~ r even ir you have no. employees. Ir an employer identiftcatio~numberwas not entered on your application, a number will be asst~ned.'tO~:yoU?and you will be advised of it. Please use that number'on all re{~tnS Yeu file and in all correspondence with the Internal Revenue Service, Please keep this determination lettar~in.~our permanent records. '~ ' lincerely yours. --T ~rald ~, Portmey~ Oistrict Oireotor This exemption is effeotive as of the da2e y~ pro.hired 2~s~tions oeaeed to be conducted. Letter 948 (DO) (7-771 CAVALIER ATttLE. ~ Ct, LIB OF PETERSBURG, VIRGINIA, NCORPORATED CONSTITUTION Article I - Organization SECTION / - This organization shall be known as the Cavalier Athletic Club of Petersburg, "Vi. rginia, Incorporated. SECTION 2 -The purpose of the Cl,b sha].l, be to promote and sponsor high standards of athletics and fellowship. SECTION 3 - The club shall operate on a calendar year commencing January 1st and ending on December 31st. Article II - MembershiE SECTION! - Any male 18 years of. age or older may apply for membership in this club with a written application accompanied by the established membershi, p fee. All applications for membersliip will be turned over to tbe Club's Board of Directors for approval. The Board of Directors will take sufficient amount of time as needed in approving each new applicant. SECTION 2 - Any person who had held prior membership in the club and was terminated for any reason and desires membership again must reapply for such membershJp as outlined in section 1 above, however, in addition to approval by the Board of Directors a two thirds majority vote of clnb members present at a regular club meeting will be necessary before the applicant can rejoin the club. SECTION 3 - There shall be seven types of membership in the club as follows: a) Re. gular Membership: Any male 18 years of age or older may apply for membership. A membership of $15.00 must accompany each app}ication of new members. Member- ship dues are $30.00 per year payable by February 15 of each year. This member- ship entitles a person to participate in all phases of the club program. Any dues not paid by February 15th will result in termination of club membership. b) Armed Forces or College Membership: Any member of the club who becomes a member of the Armed Forbes or attends a college or University that will cause his absence shall pay dues for the first year and will become inactive and not be required to pay dues during his absenses. A 60 day grace period will.be allowed before converting back to regular membership. c) Athletic MembershiE: Any person male or female 18 years of age or older may apply for an athletic membership for the purpose of participating in the club's athletic program. The cost of such a membership will be $15.00~per calendar year. A person holding this type of membership shall have full privileges of participating in the club athletic program, however, shall be limited to participating tn the club's social program to only those events previously designated to allow participation. · d) Non-Resident Membership: A Non-resident club membership shall be available to any club m~nber whb moves more than 50 miles from the city of Petersburg, Virginia. The cost of such a membership will be $15.O0 per year and the member shall have full participating rights in' the club. e) Complementary Membership: Complementary membership may be awarded and conferred upon such persons, as may be deemed worthy of such honor, upon unanimous vote of the Board of Directors. Complementary members will not be requi~ed to pay a membership fee or dues and will be considered a full pledged member of the club. Complementary membership can only be awarded for one year at a time. O Hononary Membership: A Honorary membership can be awarded to a club member who. has been an active member for ten consectutive years or more and has contributed outstanding service to the club. Dues .for Honorary members shall be $]5.00 per year. Honorary membership will be awarded by the Board of Directors at the Annual Budget Meeting and will be presented to member at the Annual Awards Banquet. Only one Honorary membership may be awarded each year. In case of a tie vote, the member with the most club seniority shall receive the award. Lifetime Membership: Lifetime membership can be awarded to an honorary club member who has been an active club member for twenty consectutive years or more. Such a member must have contributed outstanding service to the club. Lifetime memberships will be awarded · by the Board of Directors at the Annual Budget Meeting and will be presented to member at the Annual Awards Banquet. Lifetime members shall not be required to pay any dues to the club. Once a member is awarded this type of membership it will be in effect for life. Only one lifetime membership may be awarded each year. In case of tie vote, the member with the most club seniority shall receive the award. SECTION l: a) Article III - Officers Officers of the club shall be as follows: President: The President shall supervise the club's business and activities; tie shall create any and all committees deemed necessary, with the exception of the athletic program, and define the duties as may be set forth in this constitution. He shall preside over all club meetings and shall have the authority to call a meeting of the club any time provided each member is given adequate advance ndtice of such meeting. b) c) d) Vice President: The Vice President shall assist the President, as needed, in insuring that the club's operations, activities and p~ogram are run in accordance with procedure as set forth in this constitution. The Vice President shall perform the duties of the President in the absence of the President or in the event of his death, inability or refusal to act, or in the event for any reason it shall be impractical for the President to act personally. ~en so acting he shall have the powers of and be subject to all the restrictions upon the President. Treasurer: The Tleasurer shall receive and receipt all money and securities received in the name of the club; he shall deposit all funds in the name of the club in such banks or 5ther depositories as shall be designated by the Board of Directors; i~e sh~ll prepare a report relative to the financial matters of the club and present same at each club 'meeting; and, in general, he shall perform all the duties of the office of Treasurer and have such other duties and exercise such other authority as from time to time may be delegated or assigned by the President or the Board of Directors. Secretary: ~e Secretary shall attend all meeting of the club and ali. meeting of the Board of Directors, record the official minutes of said meeting and keep the same in the official records of the club. He shall assist the President, in conducting all official correspondence of the club. In general, he stall perform all duties incidental to the office of Secretary and have such other duties and exercise such authority as from time to time may be delegated or assigned by the President. Sergeant-At-Arms: The Sergeant-at-Arms should attend all meetings of the club and assume the responsibility of General order at such meetings. He shall be in charge of. the 50/50 drawing and the attendance drawing at each meeting. He shall perform other duties as from time to time may be delegated or assigned by the President. SECTION 2 - The Nominating Committee for election of officers shall consist of three club members appointed by the President. The Nominating Committee shall meet in November of each year for ~he purpose of preparing a slate of officers for the next year. SECTION 3 - Election of officers will be held at the December club meeting each year. The slate of officers shall be presented by the Nominating Committee at this meeting. 'Further nominations may be accepted from the floor. All officers can remain the same if voted as so. Article IV - Board of Directors SECTION 1 - The Board of Directors shall consist of eight club members who shall serve as permanent board members plus two additional club members who will serve as temporary board members for one year. Temporary Board Members %~1!~% ~{~t%% ~rom club membership at the December club meeting, a · ~' ....... i a d members must have been in the club for at least one year. Aii club officers shall automatically be members of the Board of Directors during their term of office. Any vacancieg as pegmanent Board Members will be filled by appointment from the remaining permanent Board Members. SECTION 2 - A].i c].ub ;,.timbers 'will be under the jurisdiction of the Board of Directors. The Board shall have the authority to act on any matter which in their view point intends to incriminate the club. The Board of Directors shall be responsible for preparing a yearly operational budget and program which must be approved by club mem- bership. The Board of Directors shall have powers and duties as are enumerated herein. SECTION 3 - The Board of Directors shall elect a Board member to serve each year as chairman of the board. The Board Chairman shall preside at ali. Board of Directors meetings. In the absence of the Board Chairman at such meetings, then the President shall preside. Article V - Athletic Program SECTION 1 - The club will sponsor various types of athletics and as far as possible, players on teams will be picked from club membership, however, the manager or coach of said sport will have the authority to go outside of club membership in selecting players if he so chooses. SECTION 2 - Ail sports sponsored by the club shall come under the jurisdiction of the Athletic Director's staff. The Board of Directors shall select a club member each year to serve as club Athletic Director. The Athletic Director's staff shall consist of one or more club mem- bers, appointed by the Athletic Director, who will serve as Assistant Athletic Director. It shall be the responsibility of the -Athletic Director's staff to coordinate the entire club athletic program including appointment of athletic program committees. SECTION 3 - Each manager or coach of a club sponsored team shall be appointed by the Athletic Director's staff. Ar~tic!e VI - Meeting~ SECTION 1 - Regular meetings of the club shall be held once each month, 12 months a year. The date and location of each regular club meeting shall be selected by the President. SECTION 2 - Other club meetings, designated special meetings, may be called at the discretion of the President. Advance notice of such meeting shall, be sent out by the Secretary. SECTIOn; 3 - Board of Director meetings shall be called at the discretion of the Chairman of the Board of Directors. Advance notice of such meetings shall, be sent out by the Secretary. It shall be mandatory that the Board of Directors meet at least once each year. SECTION 4 - Athletic Director's staff meetings shall be called at the discretion of the Athletic D~rector. Article VII - Salaries & Wages No salary or wages shall be paid to any member of the club except with the advance approval of the Board of Directors. Article VIII - Treasury Withdrawals SECTION 1 - The club's Treasurer shall promptly pay all budgeted debts. The approved budget shall be considered as the authority to pay such debts. SECTION 2 - Unbudgeted debts $25.00 and under may be paid by the Treasurer with the consent of the President. SECTION 3 - Unbudgeted debts in excess of $25.00 must be approved by 2/3 vote of the Board of Directors. The club shall not be responsible for debts made by individuals not following this procedure. SECTION 4 - The club's Treasurer may be required to be bonded should the Board of Directors so rule. Aritcle IX - Trophies and Awards All trophies and awards will be governed by the By-Laws set up for trophies and awards. Article X - Termination of Membership SECTION 1 - A member may terminate his club membership at any time upon notifi- cation to the President or Chairman of the Board of Directors. - SECTION 2 - Failure to pay annual dues by February 15th of each year, unless deadline is extended by the Board of Directors, will result in auto- matic termination of club membership. SECTION 3 - A club membership may be terminated at any time, by the Board of Directors, for cause such as, unsportsmanship, immoral or bad con- duct as a club member. Article XI - Amendments to Constitution The constitution may be amended only with a 2/3 majority vote of the Board of Directors. After approval, the constitution change must then be submitted to the club for a 2/3 affirmative vote of approval. Article XII - Parliamentary Authority In all matters not covered by this constitution, Robert's Rules of Parliamentary Procedure shall be consulted as ~e proper authority, and said rules shall be followed as though they were a part hereof. CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles The undersigned application, pursuant to §18.2-340.1,et seq. of the Code ~ requests the Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games ~., raffles .. , or both ¢ during the 199q calendar year. This application is for a new or renewal ~ permit. In support of this application, the applicant offers the following information under oath: ~ Official name of organization:... '"~Ose,¢lOq ~t.~3;rrxen;..qc~ 1~2.. Address of org~anization's headquarters (please include street address, city and zip code):l g ~3/_ Address where all records of receipts and disbursements are permanently filed: Na~e.~Nand address of owner of the property described in 3 above: 10. 11. 12. Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): Time patrons are admitted and sales begin: Date when organization was founded: Has your organization been in existence and met regularly in Chesterfield County/or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes W/ . No Is your organization c~rr. ently and has your organization always been operated in the past as a non-profit organization? Yes ~ . No Tax exemption status under the Internal Revenue Code (if applicable): ~e_~_4rr S'gl (&/~i <e3<~ ¢tf~¢tc/~ 7 State the specific type and purpose of your organization: ~ ~ o-~ ..%~o ~_~, <~ ~---'~.~. 13. 14. 15. 16. 17. If renewing~t, permit, were financial reports filed on time and in compliance with all applicable legal requirements? Yes 1~- No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ Iq'] ~Ob.qb2nd qtr: $ Ig'~.,3/}.~}3rd qtr: $ lqq~'Jch']'~ 4th qtr: $ 1,36 '316.~.~' Officers of Organization: President: Vice President: Secretary: Name Address Bus. Phone Home Phone Member authorized within the organization to be responsible for conduct and operation of bingo games or raffles; and who will be responsibl~e for filing the financial report if the organization ceases to exi5t: ~. , Name:O_~i~'-~2~r¢-o~,~4 ~c~:e_ Address: 152_~5'~ ~-~o~e~...[~, ~ ~[~O~a~:~.~ Home Telephone: ~ ~,-~ 2_ ~ ~ Bus.ess Telephone: ~ Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-340.13of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes ~. No - over ~ · 's Inter ~ Audit Department. complete records The organization mu naintain and filed wath the County .~ of receipts and disbu>,~qnents pertaining to bingo games and raft.,..as required by State and Count~ Law, and that such records ~re subject to audit by the County's Inter~al Audit Department? Yes ~ No ' The organization must later than December I The organization must Audit Department or 'remit an audit fee of 2% of gross receipts with the Annual Financial Report not unless gross receipts are less than $2.0007 Yes t..-'"'. No ~ ?urnish a complete list of its membership upon the request of the County's Internal ',ther designated representative of the Board of Supervisors? Yes ~ No Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code. of Viminia. is subject to having such permit revoked by the local governing body? Yes ~.~. No 18. 19. 20. 21. 22. 23. F. Any person violating the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of §18.2-340.gshall be guilty of a Class 6 felony? Yes ~ No ~ G. The organization must provide written notification to the County's Internal Audit Department of any change in retted officers er bingo ehedrperson during the c',dendar year covered by this permit? Yes ~'. No~ H. The organization must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual? Yes x~ · No~ Your organization must attach a copy of the organization's charter, articles of incorporation, bylaws, or other legal documents which describe the specific oumoses_ for which the organization is chartered or organized and must complete, the Resolution below. Your organization must submit a check in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee. Additional pages where necessary to fully complete this application may be attached. Have you and each officer of your organization read the .attached permit and do you and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes ~ . No Submit this application to the Chesterfield County' Attorney's ~ce by mail to: P. O. Box 40, Chesterfield, Virginia 23832 or by hand to: Route 10 and Lori Road, Administration Building, Room 503. I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief WITNESS the following signatures and seals: Signature of Applicant: Name: ~'~ Title: Address: Bus.ess Phone: STATE OF VIRGINIA ; . ~/COUNTY OF (_~.-'t0--( ']~--g' "~ ~.[d TO-WIT: ifa. r-,,.3-, ,q./~ C"'~_, Subscribed and sworn to before me, ~ cfi ~ Notary Public in and for the City/County and State aforesaid, this ~ (,o day of ~0 ~r , 199_q . Notary Public My Commission Expires: ~(.4:. -~ Iq q ~ ALL APPLICANTS MUST BE AUTHORIZED BY AN OFFICER OR DIRECTOR OF T~ ~RGA~iZA'I:IO---N--~£O' APPLY FOR-~HE PERMIT ON B~ALF OF ORGANIZATION. APPLICANT MAY NOT BE AN AUTHORIZING SIGNATORY. RESOLUTION BE IT RESOLVED THIS for a bingo/raffle permit on behalf Revised 10/1/92 ~l~'~' day of___f~/~'~Lerv~-c-c- ,199 ~ (date resolution passed), that is hereby m~thorized to apply to the Chesterfield County Board of Supervisors this organization for the 199c~ calendar year. Auth~-rized si~a~re (O~ficer ~ Dir~tor) ~ INTERNAL~REVENUE SERVICE DISTRICT DIRECTOR '31 HOPKINS PLAZA BALTIMORE~ MD 21201 Oote: B 2 8 POSEIDON SWIMMING INC 2930 GLENDOWER CIRCLE MIDLOTHIAN~ VA 23113 DEPARTMENT OF THE TREASURY Empfoyer Identification Number: 54-1507037 Contact Person: T FARR Contact Telephone Number:. (410) 962-9431 , Accounting Period Ending: August 31. Foundation Status Classification: Advance~Ruling Period Begins: December 16, Advance Ruling Period Ends: August 31, 1996 Addendum Applies: YES D~ar Applicant: Based on information you supplied, and assuming ~3ur operations .ill be as stated in your application for recognition of exemption, He have determined you are exempt from federal income tax under' section 501(a) of. the Internal Revenue Code as an organization described in section 50I(c)(3). Because yo~; are a ne~ly created organization, we are not no~ making a final determination of your foundation status under section 509(a) of the Code. Ho~ever, ~e have determined that you ca~ reasonably expect to be a pub!icly sqpported organization described in section 507(a)(2). Accordingly, during an advance ruling period you ~ill be treated as'a publicly supported organization, and not as a private foundation. This advance reling period begins and ends on the dates sho~n above. Within ~0 days after the end of your advance ruling period, you must send us the information needed to determine ~hether yo~ have met the require- ments of the applicable support test during the advance full-ag period. If you establish that you have been a publicly supported organization~ ~e will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not ~eet the public support requirements d~ring the advance ruling period, we classify you as a private foundation for' future periods. A{so, if ~e classify yo~ as a private foundation, ~? ~ill treat you as a private foundation fron~ your beginning date for purposes of section 507(d) and 4940. Grantors a;:d contributors may rely on our determir~atior~ that you are not a private foundation until 90 days after the end of your advance ruling period. If you send us the required information ~ithin the 90 days~ grantors and contributors may cc, n~inue to rely o~ the advsn~e determination until ~e make a final determination of your foundation mtn'bus. Letter 1045 (O0/Cf..~) ARTICLES OF INCORPORATION OF POSEIDON SWIMMING, INC. We are hereby associated to form a non-stock corporation under the provisions of Chapter 2 of Title !3.1, Code of Virginia, and to that end set forth the following: 1. The name of the Corporation is POSEIDON SWIMMING, INC. 2. The Corporatio~ is not formed for pecuniary profit or financial gain. The Corporation is formed exclusively for religious, educational and charitable purposes, within the limitations prescribed under Section 501 (c] (3) of tke Internal Revenue Code as follows: (a) To provide educational and ckaracter building, competitive swimming programs for the youth of the Commonwealth of Virginia, (b) To instruct youth for the purpose of developing their capabilities through a personally taught course of instruction relating to the sport of competitive swimming, (c) To combat juvenile delinquency in the community by promoting competitive swimming as a recreational outlet for young people, (d) No part of the earnings of the Corporation shall inure to the benefit of the Directors, or any person having any personal and private interest in the activities of the Corporation, and no Director or Officer of the Corporation,'or any person having a personal or private interest in the any person haviing a personal or private interest in the activities of the organization, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the Corporatioin. No direct or indirect activities of the Corporation sh!all consist of the carrying on or propaganda or otherwise attempting to influence legislation or participating in or intervening in any political campaign on behalf of any candidate for political office. (e) The CorpQration shall not engage in any transaction which inures to the private advantage of any substantial contributor to the Corporation, a member of the family of such substantial contributor, or a corporation controlled by such substantial contributor. 3. The Corporation is to have only one class of members. These members must be approved by the Board of Directors. The members shall have no right to vote with respect to the election of Directors, Amendments to the Articles of Incorporation, or any other matter; however, the Board of Directors may, at their discretion, elect to place certain issues before an advisory vo~e of the membership of the Corporation. 4. The business affairs of the Corporation shall be managed by a Board of Directors. The Directors shall be divided into three groups known as Class A, Class B and Class C. The initial Directors in Class A shall be elected for a term of one (1) year. The initial Diirectors in Class B shall be elected for a t~rm of two (2) years The initial Directors in Class C shall be elected for a term of three (3) years. Thereafter, the Directors in each class shall be elected for a term of three (3) years. After having been elected for a term of three (3) years, no Director shall be eligible for election to a successive term for at least one (1) year. All vacancies in the Board shall be filled by the existing Board of Directors. 5. The By-Laws may provide for the election or appointment by the Board of Directors of any Executive Committee consisting of two or more of their number. Executive Committee shall have such duties and shall possess such rights and powers as'may lawfully be delegated to it by the Board of Directors. 6. Upon dissolution of the Corporation, the Board of Directors shall, after paying or making provisions for the payment of all of the Corporation's liabilities, turn over all assets to one or more organizations organized and operated exclusively for charitable, educational or other purposes as shall at the time qualify as exempt organization(s) under Section 501 (c) (3) of the Internal Revenue Code, as the Board of Directors shall determine. 7. The post office address of the initial registered office of the Corporation is P.O. Box 300, 10100 Iron Bridge Road, Chesterfield, Virginia, 23832. The name of the county in which the initial registered office is located in the County of Chesterfield, Virginia and the name of its initial registered agent is Joan M. O'Donnell, who is a resident of the State of Virginia and a member of the Virginia State Bar and whose business address is the same as the address of the initial registered office of the Corporation. 8. The duiration of the Corporation is to be perpetual. WITNESS the following signatures and seals this day of , 1989. JOAN M. O'DONNELL, Incorporator STATE OF VIRGINIA, County o~ Chesterfield, to-wit: I, , a Notary Public of and for ~he County and Stake aforesaid, do hereby certify that Joan M. O'Donnell, Incorporator, whose name is signed to the writing above bearing date on the day of , 1989, has acknowledged the same before me in my County and State aforesaid. Given under my hand this day of , 1989. My commission expires Notary Public CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: Official name of organi?ation: i~ff/7/~ a~ ~----~//o/g/~O$ , ~i/ Ad&ess~s~of org~tion's~ O~o~05eheadqu~ters (~e. ,~clude~~ ;street address, ~' and zip code): Address where ~ recor& of receipts ~d disbursements ~e perm~ently fried: W. Address(es) where bingo games will be held or raffle drawin~ conducted (please include street address, dty and NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): Date when organi?afion was founded: ~_.~. t/~4¢ Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes ~ . No ~ Is your organization currently and has your organi?ation always been operated in the past as a non-profit organization? Yes l/"' No~ If not, explain 10. 11. Tax exempt status under the Internal Revenue Code (if applicable): State the specific type. and purpose of your organization: ~- ~.~' ~- 12. Type of permit applied for: Bingo Games Raffles Both 3. Application is for a new ~ or renewal / permit. If renewing a permit, were financial reports fried on time and in compliance with all applicable legal requirements? Yes r/'~. No 14. 15. 16. 17. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately priOr to the date of this application: 1st qtr: $/,~.. ~. ~g/ 2nd qtr: $ IZ~:/$,~, tS/3rd qtr: $ Officers of Organization: Name Address Bus. Phone Home Phone Member authorized within the organization to be'responsible for conduct ~/nd operation of_bingo games or raffles; Home Telephone: ~,?~/.a~/ff Business Telephone: ~,~g,,/. ?tt~/ / Member authorized within the organization to be responsible for filing the f'mancial report if the organivation ceases to exist: ~..~4-~ 18. Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-340.]3 of the Code of Virginia), partnership or corporation of an~, ClasSification~9~vhatsO~,/ei' for the purpose of organizing, managing or conducting bingo games or raffles? Yes / . No - ol~et'- The organization m' maintain and file with the County's Int¢ ! Audit Department eo,~aplei~ iecords of receipts and disb'.-._~ments pertaining to bingo games and raft,_-~ as required by State ahd County Law, and that sfl~a records are subject to audit by the County's Internal Audit Department?- . ~ Yes ~.l.~. No The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes ~. No The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes ~. No~ · · The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for..those~lawful, religious, charitable, community of educational purposes for which the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes ~'~'. No ~ No .person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five year~s, he has been convicted of a felony or crime of moral turpitude. Yes ~/~. No ' No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes ,//. No Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes t,//. No~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes t~'. No ~ Jo The organiTation must provide written notification to the County's Internal Audit Department of any change in e~ected officers or bingo chairperson during the calendar year covered by this permit. Yes i,~. No The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes ~/. No~ Have: you and. each bfficer ~of your organization read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes ~ . No ~ 0. I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: ame: ' Title: Ad&ess: Bushess Phone: ~75-¢q~ Home Phone: STATE OF VIRGINIA subscribed ~d sworn to before,me,.. ~ ~y Ci~/Coun~~ ~nO gtat~foresaSd, this ~7 ~ day of~. ~~ ~ ...... ~" My Commission Expires: Notary Public RESOLUTION day of , a N~tary Public in and for the BE IT RESOLVED THIS , 199 ~ / for a bingo/raffle permit on behalf of this organi?ation for the 199 calendar year. Revised 10//1/93 Authorized signature (Officer or Director) (date resolution passed), that is hereby authorized to apply to the Chesterfield County Board of Supervisors CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organi?ation: AL BARTRAW JR., CHAPTER 50 Address of organi?ation's headquarters (please include street address, city and zip code): P 0 BOX 456, 6221 NEWBYS BRIDGE RD.~ CHESTERFIELD~ VIRGINIA 23832 3. Address where all records of receipts and disbursements are permanently f'fled: 6221 NEW B Y S B R I D GE RD. , CHESTERFIELD, VIRGINIA 23832 4. Names and address of owner of the property described in 3 above: DISABLED AMERICAN VETERANS, AL BARTRAW ..IR., CHAPTER 50, 6221 NEWBYS BRIDGE RD., CHESTERFIELD, VA 23832 Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and zip code: CHESTERFIELD COUNTY FAIRGROUNDS NOTE: THIS PERMIT IS VALID ONLY.AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): TO BE DETERMINED BY THE CHESTERFIELD COUNTY FAIR ASSOCIATION Date when organi?ation was founded: CHARTER GRANTED JUN 18~ 1971 Has your organiTation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes XXX No __ Is your organi?afion currently and has your organi:mtion always been operated in the past as a non-profit organiTafion? Yes XXX . No __ If not, explain 10. 11. Tax exempt status under the Internal Revenue Code (if applicable): TAX State the specific type and purpose of your organi?ation: SERVICE TO THEIR FAMILIES, WIDOWS OR ORPHANS EXEMPT CHARITY DISABLED VETERANS AND 14. 16. 17. 18. Type of permit applied for: Bingo Games XXX Raffles Both Application is for a new __ or renewal XXX permit. If renewing a permit, were financial reports ffled on time and in compliance with all applicable legal requirements? Yes XXX No __ List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: REG BINGO 80 1st qtr: $ 2nd qtr: $ 3rd qtr: $ 15,631. 4th qtr: $ INSTANT BINGO $4,693.10 Officers of Organization: TOTAL $20,324.90 Name Address Bus. Phone President: Vice President: Secretary:. Treasure~. WILLIAM E. ROSS JIM WHITEMAN ROBERT O. SCHAICg FRANKLIN LLOYD P 0 BOX 9211 Mlnln~UlA~ 23113 980I-~EF~REE RD RICHMOND 2323/ 1212 WADSWORTH DR RICHMOND 23236 Home Phone 744-0986 796-2128 748-8578 276-1146 11119 GUILFORD RD 32-3274 RICHMOND 2323~ Member authorized within the organi?ation to be responsible for conduct and operation of bingo games or raffles; Name: JIM WHITEMAN Address:9801 ALFAREE RD, RICHMOND 23237 Home Telephone: 748 - 8578 Business Telephone: 796- 2128 Member authorized within the organi?ation to be responsible for filing the financial report if the organi?ation ceases to exist: FRANKLIN LLOYD Do you, and each officer, director and member of the organization fully understand the following: ho It is a violation of law to enter into a contract with any person, firm, association, organi2ation (other than another qualified organi?ation pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes No XXX ' - ovel'- Bo The organization mi naintaln and fde with the County's Inter' ' Audit Depa~rtment complete ~ecords of receipts and disbur'~ments pertaining to bingo games and raffit~..~as required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes XX.__.~.X. No The organi?ation must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes XXX No ~ The organi?ation must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes XXX No The organi?ation shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organi?ation is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes XXX No ~ No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes X X X No No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes XXX. No Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes ×××. No ~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes XXX. No ~ Jo The organi?ation must provide written notifcafion to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes ww¥. No~ The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes XXX . No 19. liave you and each officea' of yom otgaaiTai, iOn read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes XXX No I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signature~ and seals.'t~<~__' /~, Signature of Applicant: /~~-~ ~_i~. ~ Name: ROBERT O. SCHAICH Title: ADJUTANT(SECRETARY) Ad,ess: !2!2 WADSWaRTH nR Business Phone: STATE OF VIRGINIA Subscribed and sworn to before m~, 'l~itl~/County and State aforesaid, this My Commission Expires: Home Phone: 2 7 6 - 1 1 4 6 TO-WIT: , a Notary Public in and for the RESOLUTION BE IT RESOLVED THIS 2 0 t h day of 0 c t o b e r , 199 3 . (date resolution passed), that ROBERT 0. SCHAICH, ADJUTANT is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this orga-17ation for the 199 4 calendar year. , CURTIS Cd. tSHI~FIELD~ 1st JR VICE CDR Revised 10/1/93 Authorized signature (Officer or Director) CONSTITUTION AND BY-LAWS AL BARTRAW, JR. CHAPTER #50, INC. DISABLED'AMERICAN VETERANS CHESTERFIELD, VIRGINIA ARTICLE I NAM~ SECTION 1. Under the authority of Article IV of the National Constitution of the DISABLED AMERICAN VETERANS, a Federal Corporation, there has been, and is hereby established the "DISABLED AMERICAN VETERANS, AL BARTRAW JR., CHAPTER 50, INCORPORATED", located in the County of Chesterfield, Commonwealth of virginia. ARTICLE II ALLEGIANCE SECTION 1. The "DISABLED AMERICAN VETERANS, AL BARTRAW JR, CHAPTER 50, INCORPORATED", organized and existing under the provisions of ARTICLE XVII of the National Constitution of the National Veteran Service Organization, known as the "DISABLED AMERICAN VETERANS" incorporated and chartered by an Act of Congress, hereby acknowledges its allegiance to and affiliation with, and submits itself to the control of the National Organization, according to decisions made in conformance with its National Constitution and By-Laws, and regulations legally adopted by vote of a National Constitution, or by a majority vote of the National Executive Conumittee and agree to abide and be bound by the National Constitution and By-Laws, as now in force or hereafter amended. ARTICLE III MEMBERSHIP SECTION 1. Eligibility for membership in this Chapter shall be as provided for in Article III of the National Constitution of the DISABLED AF~ERICAN VETERANS, as now exist or hereafter amended. SECTION 2. There shall be but two (2) classes of membership; to wit; Annual and Life. Honorary and "STAND-BY" memberships are prohibited. SECTION 3. The amount of annual membership dues for this Chapter shall be $15.00. Dues payable for Life Membership shall be governed by the National Constitution, By-Laws, and mandates. Annual dues expire each June SECT]ON 4. The membership year shall oomJnence on July 1 and expire at midnight of the following June 30th. The Chapter fiscal year shall commence on May 1st and expire on the following April 30th. Dues shall not be apportioned, or prorated. SECTION 5. A membership transfer may be made from another Chapter to this Chapter by petitioning member presenting his membership card to this Chapter and upon acceptance by this Chapter of his application. Such membership card should then be sent to National Headquarters, together with the notification that the transferee has been accepted by this Chapter. SECTION 6. No member shall, by virtue of his membership, acquire any property rights or any present or existing: right in or to, the property which this Chapter may now have, or hereafter acquire. Each member agrees that he shall not be entitled to any refund on dues or other payment upon resignation, transfer, or expulsion, or other termination of his membership. Upon voluntary dissolution of this Chapter, or upon revo~cation of its charter; as provided in the National By-Laws of the DAV, its assets shall contributed to The Department of Virginia, DAV, after which it becomes the property of the Department of Virginia, DAY, as outlined in Article 6, Section 6.5 of the National By-Laws. Each member agrees that he shall not receive any money or other thing of value because of any services rendered or to be rendered the Chapter, as a member crlofficer, or otherwise, unless the same is expressly authorized byl this Chapter. ARTICLE IV ~EETI~GS SECTION 1. The regular meetings of this Chapter shall be held on the third (Jrd) Wednesday evening of each month at 7:30 P.~. at a location selected by the members of the Chapter in the county mentioned in Article I, Section 1, as designated by this chapter. SECTION 2. One regular meeting MUST be held each calender month. A second meeting may be held at the call of the Commander, with a majority vote of the Executive Committee, or by a majority vote of the Chapter, for the purpose of holding a social evening or other special event, or for other good cause. SECTION 3. A special meeting may be called by the Commander, whenever he may deem it necessary, or when requested in writing to do so by five (5) or more members of the Chapter in ~ood standing. The call of any special meeting shall state specifically the purpose for which it is called, and no other business than'that! specified in the call shall be transacted at that special meeting. SECTION 4. Notices of any such meeting (SPECIAL) shall be mailed each member in good standing, residing within the Chapter membership, at least ten (10) days prior thereto, stat.lng time, date, place and the purpose thereof. SECTION 5. A quorum shall consist of 10% of the total membership, or ten (10) members in good standing, whichever is smaller. SECTION O. Any member in good standing of: another Chapter of the DAY may attend any meeting of this Chapter, without, the right to vote. Excepting Department or National Officers, i no visiting member shall speak on any subject under debate with out: the permission of the Commander or approval of the Chapterlby majority vote. SECTION 7. Ail notices of meetings will be by mil where practical. -2- i ARTICLE V OFFICERS AND THEIR DUTIES SECTION 1. The elective officers of~this Chapter shall consist of a Commander, Senior Vice Commander, First Junior Vice Commander, Second Junior Vice Commander, Treasurer, Chaplain, two (2) members to represent the membership On the Chapter Executive Connnittee, and a Department Executive Committee Member and ~Alternate who shall be elected annually. ' , SECTION 2. The appointive officers of this Chapter shall consist of an Adjutant, Historian, Chief ServiceOfficer and such assistants as he may require, Judge Advocate, Sergeant-at-Arms, Officer of the Day, and two (2) Color Guards. They shall be appointed by the Commander with the approval of the Chapter. The AdJ. u%~nt may also hold the Office of the Treasurer, if so elected.: SECTION 3. The Commander, or in his absence, the next highest officer, shall preside at all regular' or special meetings of this Chapter. He shall maintain order and dispatch such business as may legally come before him. All checks issued by the Chapter Treasurer must be countersigned by the Commander, other Officer designated by the Executive Committee of this Chapter. iHe shall perform all other duties that may reasonably be assumed to be inci. dential to his office, including those set forth in this constitution and in the official DAV Ritual, and such other duties as may be legally delegated to him by this Chapter. SECTION 4. The Senior Vice Commander, First Junior Vice Commander, Second Junior Vice Commander, Chaplain and Treasurer, in the order named, shall perform the duties of the Commander in the event of his absence, or, if he should die, resign or be removed, until his successor is elected. The Commander or Adjutant, shall, upon being appointed as Department or National Adjutant, or elected as Department or National Commander at the time of this election or appointment, be automatically relieved of his Chapter Office. To fulfill the vacancy of the Office of Commander, a chapter election shall be held at the next regular meeting of the Chapter following his election to higher office. SECTION 5. The Adjutant shall keep a true and accurate complete record of all business conducted by the Chapter, including the minutes of each chapter meeting. If the minutes of any meeting are tape recorded, such recordings shall be maintained by the Adjutant for a minimum of 90 days after the date of such meeting. He shall conduct all necessary correspondence; keep an up-to-date list of the membership in good standing; maintain lists of former members and other eligibles. Dues and other income received by the Adjutant shall be remitted without deduction or offset, to the Treasurer, immediately upon receipt. SECTION 6. The ~epartment Executive Committee Member and Alternate shall attend the Department Conferences and Convention to represent the Chapter. They shall make reports to the executive committee and chapter on activities at these functions. -S- SECTION 7. The Treasurer shall receive and ilmmediately deposit all money in a bank account in the name of the Chapter, without any deductions or offsets. He shall make authorized disbursements only by checks or vouchers, signed by himself and countersigned by the Commander, or other officer designated by the Executive Committee of this Chapter. He shall.keep a system of accounts approved by the Chapter and shall preserve.all receipts and checks or vouchers for payments made. He shall render a monthly report of receipts and expenditures to the Chapter for its approval. He shall submit his records annually as of.April S0th to. an approved CPA for an annual audit and preparation of the Chapter Financial Statement in accordance with National Headquarters Guidelines. A copy of such annual report shall be filed with National Headquarters and the Department of Virginia. He shall serve as a member of the Chapter Finance Committee. SECTION 8. The Senior Vice Commander shall Perform the duties of his station as set forth in the official DAY Ritual. He shall be encourase true firendship among the members of this organization, discourage discord, and promote harmony. He shall be responsible for coordinating all fund raising activities of the Chapter, i.e., see that permits required by local authority, permission from the Department of Virginia, DAY, any other DAV Chapter, if necessary, and coordinate with the Chairman of the Fund Rai~ing Committee and merchants as to locations to conduct activities. He shall ensure that all bills and monies are turned over.to the Chapter Treasurer at the end of the fund raising drive. SECTION 9. The First Junior Vice Commander shall perform the duties of his station as set forth in the official DAV Ritual. He shall see that every member is given a reasonable opportunity to state his views on any subject under discussion in a meeting of this Chapter, not inconsistant with this constitution, or Robert's Rules of Order (Revised). He shall at all times encourage loyalty to the United States of America, to the DAV, and to members of this Chapter. Sub3ect to the direction of the Chapter, he shall act as Chairman of the Americianism Activities of this Chapter, Chairman of the Entertainment Committee, and with approval of the Chapter, may appoint one (1) or more members to assist him as Chairman. SECTION 10. The Second 3unior Vice Colmmander shall perform the duties of his station as set forth in the official DAV Ritual. He shall act as the Chairman of Membership Solicitation Activities to the end that every eligible person may become a member, and with the approval of the Chapter, may appoint one or more members %o assist him in such membership duties. SECT1ON 11. The Chaplain shall perform the duties of his station as set forth in the official DAV Ritual. He shall see that and visit the sick and comfort the families of those members who from time to time are called to the Great Beyond. He shall be responsible for encouraging atteDdance at DAV conducted funerals and proper conduct thereof. Subject to the direction of the Chapter, he shall act as Chairman of the Visitation and Hospital Committee, and with approval of the Chapter, may appoint one (1) or more members to assist him. -4- SECTION 12. The Historian shall keep a brief history of the activities of the Chapter during his term of office, to be kept as a permanent record of the Chapter. He shall also act as Publicity Officer of the Chapter and regularly furnish proper publicity materials to local newspapers, radio and TV stations and the official DAV National and Department newspapers with the approval of the Chapter Connuander. No other member shall cause any publicity to be given on any chapter activity or concerning this Chapter without the approval of this Chapter. SECTION 13. The Chief Service Officer or !his assistants shall assist and advise veterans DISABLED in the line of duty during time of war, or who was a prisoner of war during time of war, while serving in any of the Armed Forces of the United States or its Allies, and their dependents, in the technical preparation and prosecution of their equitable claims for benefits from any governmental agency and in securing suitable, gainful employment. SECTION 14. The 3udge Advocate, upon request of the Commander or the Chapter, shall render an opinion upon all iparlimentary questions, upon any questions arising out of any dispute upon the floor of the assembly, or concerning the interpretation of this Constitution, or the Constitution and By-Laws of the National and Department organizations. Upon the receipt of his opinion, the Connnander, or presiding officer, if the Commander is not in %he Chair, shall announce his ruling or decision, which need no~ be in accordance with opinion of the Judge Advocate, and such decision shall be final and binding upon the Chapter unless (1) Overruled by a two-thirds vote upon an appeal from such decision, taken at the meeting during which the decision is announced, or (2) reversed upon an appeal taken to the next higher governing body within thirty (SO) days after such decision is made known. SECTION 15. The Officer of the Day shall perform the duties of his station as set forth in the official. DAV Ritual. He shall welcome all visitors and see that each is properly introduced. SECTION 16. The Sergeant-at-Arlms and the Color Guards shall perform the duties of their respective office as set forth in the official DAV Ritual. SECTION 17. In addition to the foregoing, the respective Chapter Officers shall faithfully perform and carry out such other and further duties as may be properly assigned to them, from time to time by this Chapter. SECTION 18. Only one member can hold one(l) elective office at one (1) time. A Delegate to a National or Department Convention is not holding an "ELECTIVE OFFICE" within the meaning of this section, except as otherwise provided herein;' an elective officer may also hold an appointive office and vice-versa, SECTION 19. Th~'AdJutant and Treasurer may be the same person and vice-versa. The Chief Service Officer may hold any other elective or appointive office. 'The Comunander or any Vice Commander shall NOT hold the Office or Adjutant or Treasurer. -5- SECTION 20. By acceptin5 any elective or appointive office, each member agrees that his services shalll be rendered gratuitously and that he shall not be entitled to reimbursement for any sums advanced, incurred or spent unless expressly authorized by the Chapter at a regular Chapter meeting; and no Chairman, Committeeman, Chapter Officer or other Chapte~ member' shall~ have the authority to incur any expense or obligation or bind this Chapter, unless by prior express approval of this Chapter, evidenced byl a majority vote at a regular meeting. SECTION 21. Each member, by accepting any elective or appointive office, promises and agrees to perform the duties of such office or appointive office to the best of his ability; to act and conduct himself in such a manner, at all times and}places, as will only affect the good of the organization; to enforce and sustain the Constitution and By-Laws of the National and Department organizations; and when his successor has been duly elected or appointed, to surrender to him, without notice or demand, all the records and other property of this Chapter or of this organization in his possession or under his control. ~ SECTION 22. Any elected or appointed Chapter officer or member of the Chapter Executive Committee elected as thei Department Co~unander or appointed as the Department Adjutant shall!immediately resign his position within the Chapter to prevent anyi possible conflict of interest. ARTICLE VI COMMITTEES SECTION 1. The Standing Committees of this'Chapter, in addition to those otherwise provided for in this Constitution, shall be: HEALTH AND WELFARE COMMITTEE, FINANCE COMMITTEE, ENTERTAINMENT COMMITTEE, MEMBERSHIP COMMITTEE, BUILDING & GROUND COMMITTEE, and FUND RAISING COMMITTEE and such other committees as mayi be authorized by the Chapter. SECTION 2. The Commander, except as otherwise expressly provided in this Constitution, shall appoint the membership of each Committee and designate the Chairman, by and with approval of the Chapter, and may serve as Ex-officio member of all committees appointed by him, except the Nominating Committee. ! I SECTION 3. HEALTH AND WELFARE COMMITTEE: ~ The Health and Welfare Committee shall consist of 3 members appointed by the Commander and confirmed by the membership. It shall be the duty of this committee to keep informed as to public and private agencies or organizations which can offer temporary or permanent assistance to Disabled Veterans or their dependents and to assist such persons in securing proper and adequate aid and assistance. The Health and Welfare Committee may make emergency grants in any individual case of~ not more than $200.00, without prior Chapter approval. Emergencyi grants in excess of $200.00 may be approved 5y the Executive Committee subject to confirmation by the Chapter. The Health and Welfare Committee shall be bound by the Guidelines established, reviewed and approved annually by the Chapter. -6- SECTION 4, AUDITING COMMITTEE: The Commander shall appoint an Audi% Cammittee at any time either he or the membership at a regular meeting shall determine the need for the same. Such committee shall be for a specific purpose. Upon completion of the assignment, the committee shall be disolved. The Annual Financial Audit shall be conducted by an approved CPA in accordance with National Headquarters Guidelines. SECTION 5. ENTERTAINMENT COMMITTEE: This Co~mittee shall secure speakers, on other than partisan, political s~bJects, or concerning sectarian or labor disputes, and entertainers for Chapter meetings and other Chapter affairs, by and with the prior approval of the Commander. Subject to Article V, Section 19 of this Constitution. SECTION 6. MEMBERSHIP COMMITTEE: All applicants for membership in this Chapter shall be investigated by the Membership Connmittee and a report made to the Chapter at the next regular meeting. No applicant shall be denied Chapter membership if he meets the eligibility requirements as set forth in the National Constitution and By-Laws. The Membership Committee shall activgly recruit new eligible members and work on renewals of delinquent members, The Second Junior Vice Commander shall be the Chairman of.the Membership Committee SECTION 7. FINANCE COMMITTEE: The Commander shall appoint a Finance Co~nittee of at least 8 persons, one of which will be the Chapter Treasurer. It shall be the responsibility of this committee to review the receipts and disbursements of the chapter for the prior year and to prepare an Operating Budget for the coming fiscal year that reflects the projected receipts and disbursements. The Operating Budget shall be presented to the Chapter at the March meeting for consideration and at the April meeting for adoption. This co~nittee shall review the receipts and disbursements at least each quarter and make reconkmendations for any adjustments to the Chapter. SECTION 8. BUILDING & GROUNDS COMMITTEE: 'The Commander shall appoint a Buildings & Grounds Committee of at least 3 persons. It shall be the responsibility of this committee to ensure the proper maintenance, upkeep, and utilization of the Chapter Home. They shalll maintain a schedule of other organizations or individuals approved to use the Chapter Home. They shall investigate any group requesting to use the Chapter Home and make a recommendation to the Chapter for approval. They shall inform the Chapter of any repairs or services required for the proper maintenance of the building and shall secure the services of qualified individuals for repairs beyond the membership's ability. The Chairman of the Building and Grounds Committee shall be authorized to maintain a Petty Cash Fund of $250.00 to be used for routine repairs and maintainance. This fund shall' be reimbursed by the Treasurer upon submission of a voucher and the proper receipts. SECTION 9. FUND RAISINS COMMITTEE: The Connnander shall appoint at least S people to the Fund Raising Conu~ittee. It shall be the respon- sibility of this committee to assist the Senior Vice Commander in all fund raising activities of the Chapter. This is to include but not be limited to recommending participation in specific fund raising projects, selecting and obtaining approval for the locations of the fund raising, coordinating on the ordering of supplies and materials and recruiting people to assist with thelfund raising. All funds raised will either be deposited directly~or turned over to the Treasurer without any off set. Any expenses incurred will be presented to the Treasurer with the bills for payment. ARTICLE VII NOMINATIONS AND ELECTIONS SECTION 1. The regular annual election of Officers shall be held the last regular meeting in April of each calender year. The Chapter shall at the February Chapter meeting elect a Nominating Committee of at least 3 persons. One of the 8 persons must be a Past Chapter Comanander and no one on this conumittee shall be a member of the Chapter Executive Committee except the Past Chapter Co~nmander. This Committee shall read its report at the March meeting. SECTION 2. All nominations may be submitted from the floor of the next regular meeting preceding the meeting for elections, or at the election meeting. Nominations and election of Office shall be nu%de in the order of the Officers mentioned in Section 1 of Article V. SECTION 3. All voting for officers or delegates shall be by written ballot, except by. unanimous consent. SECTION 4. It shall require a majority vote of votes cast to elect a candidate for any office. It shall require a majority of votes cast to elect a delegate or alternate to National or Department Conventions provided, HOWEVER, that if there are less candidates nominated for Office as Delegate or Alternate than that number allowed the Chapter, then all such candidates nominated shall~ be declared elected. SECTION 5. In the event a vacancy of any elective office, nomination~ and election to fill such vacancy may be made at the same meeting. SECTION 6, The Chapter shall elect a Department Executive Committee Member and Alternate to attend the Department Convention and Conferences at the annual election of officers for the Chapter. The Department Executive Committee Member and Alternate shall be reimbursed hotel, mileage, registration and banquet costs upon presentation of receipts and proper voucher. In the event the Department Executive Committee Member or Alternate cannot attend such functions the Executive Committee' or Chapter may appoint someone for that specific meeting. SECTION ?. Installation of Officers elected at the regular annual meeting shall be performed at the same meeting as elected; an installation dinner and awards presentation meeting will be conducted at a date acceptable and agreed to by a~maJority of the members in attendance at the election meeting. Installation of Officers elected to fill vacancies shall be made at the same time they are elected. SECTION 8. Ali officers, with the execption of the Treasurer, Historian, Chaplain and Adjutant, may serve in no more than two (2) successive terms of Office without a break of at least one (1) term. -8- SECTION 9~ A member desiring to attend the National Convention may request to be elected as a Chapter Delegate iupon release of the National Information in order for the member to complete registration within National Guidelines. ~ . i ARTICLE VIII · EXECUTIVE COMMITTEE SECTION 1. The Commander my, or at the request of two (2) or more officers, call an Executive Committee Meeting. SECTION 2. The Executive Committee shall be composed of the Commander, the Vice Commanders, the Treasurer, the Chaplain, the Immediate Past Commander and two (2) members representing the Chapter membership, who are elected for this duty by the Chapter. All Past Chapter Commanders shall be considered as members of the Executive Comnmittee with no vote and shall not count,as part of the quorum needed for a meeting. The Adjutant shall act as Secretary of this Committee, and keep its minutes, but without a vote. The Commander will be the Chairman. SECTION 3. After an Executive Committee has been elected, as so long as it continues to function, no expenditures shall be voted upon or authorized by the Chapter in excess of $200,00, unless first referred to the Executive Committee for its recommendations. All fund raising projects along with all agreements and contracts must be referred to the Executive Committee for its recommendations prior to being acted upon by the Chapter. The Executive Committee may act for the Chapter only in an emergency and confirmed later by the Chapter. All other actions must be ratified by a simple majority vote of the Chapter. SECTION 4. The Executive Committee shall make recommendations to the Chapter, from time to time, which it believes will be of benefit to the Chapter. SECTION 5. This Committee shall also act as a resolutions committee, and no resolutions shall be adopted by the Chapter unless first submitted to the Executive Committee for its recommendation except by a three-fourths affirmative Chapter vote, SECTION 6. In the event this Committee fails to make recommendations upon any matter referred to it, within a reasonable length of time but no more than 30 days, the Chapter, by majority vote, may act upon such matter without receiving the recommendations of the Executive Committee. SECTION 7. The minutes of each Executive Committee Meeting shall be read, by the Adjutant, at the next meeting of the Chapter. After the reading of these minutes, they must be approved by a simple vote of the Chapter members, such vote shall constitute an approval of the recommendations and actions taken by the Executive Committee as reported in such minutes. Prior to approval of the Executive Committee minutes,' any Chapter member may request that any part thereof be discussed or voted upon separately. Such request shall be noted and acted upon accordingly. -9- SECTION 8. Any one (1) or more of the Chapter Executive Committeemen may be removed from office and the vacancy filled as provided in ARTICLE IX, SECTION 1 of this constitution. ~ SECTION 9. One of the purposes for the creation and continuance of the Executive Committee shall be to provide a means for the discussion of routine and other business affairs of the Chapter and to make recommendations of desired action, to reduce the time which might otherwise be consumed during the Chapter meetings in such discussion, and thus assist in streamlining .Chapter meetings and to provide for earlier adjournment and time for entertainment and social activities, but leaving in the hands of the Chapter the sole power to approve or disapprove such recom- mendations or to aot,~ in whole or part, contrary thereto, the Chapter to retain the final right of action. ARTICLE IX RESTRICTIONS AND MISCELLANEOUS SECTION 1. The Chapter may direct that notice be sent to any elective or appointive officer who has failed to attend three (3) consecutive meetings at the Chapter without being excused by the Commander or other Elective Officer or Adjutant, or who, in the opinion of the Chapter, does not appear to be fulfilling the duties of his office, stating that at the next regular meeting(giving the time and place), meeting set forth in such notice, the Chapter, by two-thirds vote, may declare such office vacant and such officers, recalled. If an elective officer, his office shall be filled by nomination and election at the same time and meeting. If an appointive officer, the Commander shall appoint another member to fill such vacancy with the approval of the Chapter. SECTION 2. The Rules contained in Roberts' Rules of Order (Revised) shall govern this Chapter in all cases to which they are applicable and in which they are inconsistent with this Constitution, the National or Department Constitutions and By-Laws. SECTION 3. The Order of Business of any regular meeting shall be as prescribed in the official DAV Ritual and as the needs of the Chapter may necessitate. SECTION 4. There shall be no voting by proxy. Only members in good standing shall be entitled to vote on any question. SECTION 5. The presiding officer shall be entitled to vote only in case of a tie, or where voting is by written ballot. SECTION 6. Each member accepting or retaining membership in this Chapter agrees to be bound by this constitution and the DAV National and Department Constitution and By-Laws, now in force or hereafter adopted or amended, and agrees not to bring any action in any court of law or equity rela~ing to his rights or privileges as a member or officer until all remedies provided by this ~Chapters' Constitution and the National and Department Constitutions, By-Laws and lawful mandates, Lave been exhausted. -10- SECTION 7. All disciplinary actions taken or commenced against officers or members shall be in accordance with ARTICLES _Xzk~==mr XVI of the National By-Laws. SECTION 6. Except as otherwise expressly provided in the National By-Laws, this Chapter shal. 1 not sponsor or engage in, directly or indirectly, in any fund raising or finance project without the prior approval of its Department, or, if the Chapter is located in a state not having a State Department, then notlwithout the prior approval of the National Adjutant. SECTION 9. This Chapter shall not conduct a f~nd raising drive or project in the territory of any other Chapter. unless the prior written approval of the Chapter or Chapters concerned is first obtained, nor shall any other Chapter be allowed to solicit in Chapter #50 area without first obtaining written permission from Chapter #50 and the County of Chesterfield, Virginia. In additio~, permission must be secured as in Section 8 above. The Chapter shall at all times strictly comply with all provisions of the National and Department Constitutions and By-Laws concerning fund raising.drives or projects and shall neither sponsor nor conduct, directly or indirectly, any lottery in the name of or using any part of the name, DAY or its initials. SECTION 10. The full official' DAV Ritual shall.be observed at not less than one (1) Chapter meeting each month~ All members shall be encouraged to purchase and wear the official DAV cap. SECTION 11. The name of this Chapter or of the Disabled American Veterans must no be used in connection with nor shall the Chapter enter tutu or engage in any political, sectarian, or labor dispute, not in any matter not directly relating to wartime service disabled veterans; provided, however, that nothing inithis section shall prohibit this Chapter from participatingiin political issues which have a direct bearing upon the welfare of America's disabled veterans. Section 12. Whenever used in this Constitution requires, the masculine shall include the feminine, and the singular shall include the plural, and vice-versa, The initials "DAY", whenever used in this Constitution, refer toi"DISABLED AMERICAN VETERANS". ARTICLE EFFECTIVE DATES AND AHENDHENTS SECTION 1. This Constitution and By-Laws shall not be or become effective until adopted by a two-thirds vote of this Chapter and approved by the Department of Virginia Judgel Adv°cate and the National Judge Advocate. SECTION 2. This Constitution and By-Laws may be amended only by having the proposed amendment submitted and read at one (1) meeting and adopted by two-'thirds vote of the Chapter at the next regular meeting, and no amendment shall become effective until approved as provided in Section i above. The members shall be notified of the proposed amendment prior to the two meetings. -11- SECTION 3. To the extent to which the provisions of this Constitution and By-Laws may be at any time, or become inconsistent with the provisions of the Constitution and By-Laws, i and lawful mandates, decisions and regulations of either %he Department or National Headquarters, as now in force or as hereafter amended, this Con~titution and By-Laws. shall be deemed amended to conform thereto. CERTIEICA~ION OF ADOPTION The above ConstttutionV~as adopted by the A1Bartraw, Jr., Chapter #50, Incorporated of the DISABLED AMERICAN VETERANS at Chesterfield, Virginia, this the 16th day of October 19Q1, subject to the approval of the Department of Virginia Judge Advocate and the National Judge Advocate. ATTEST: AdJutant A1 Bartraw, Jr., Chapter #50 A1 Bartraw, Jr., Chapter #50 For review and approvals of the Department of Virginia Judge Advocate and National Judge Advocate. Judge Advocate Department of Virginia ri CERTIFY that the withln constitution and/or by-laws does not conflict with those of tho National Organiza/t~on,~.~r~o that ~ent, approved. ~/.~ DAV National Judge Advocato ~ational Judge Advocate -12-  -~ CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organi?ation:, ~ f'(~/q J~' f L77/,// ~/'aS. ~ C_~ Address of organization's headquarters (please include street address, city and zip code): ;p o /_5,07 / 7-'7 / o/ 7 /, / . , Address where all records of receipts and disbursements are permanently fred: /'-3 ~ / 7 L~/,;fI 'I'--E/'~ctrfV' /~/ 4¢'e,...,,'Y-ff /,.V//c"zf-~ i(.r~, Names and address of owner of the property described in 3 above: Address(es) where bingo games will be held or raffle drawings conducted (please include street address, city and zip code: NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE,. Dates or days of week and time when bingo games or raffles will be held at the above address(es): '7"c.¢' C' 5 da v' 7~9..",4 / Date when organi?ation was founded: Has your organi?ation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes b"" · No ~ Is your organi?ation currently and has your organi?ation always been operated in the past as a 'non-profit organi?ation? Yes C-"'-. No~ If not, explain 10. 11. 14. 16. 17. 18. Tax exempt status under the Internal Revenue Code (if applicable): State the specific type and purpose of your organi?ation: ~ Z ~//'( (' C~/arX Type of permit applied for: Bingo Games /,~ Raffles Both Application is for a new ~ or renewal ,/'-' permit. If renewing a permit, were financial reports f'ded on time and in compliance with all applicable legal requirements? Yes ~. No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ ....~/~. 2nd qtr: * /7'"'/~ 3rd qtr: $ /~,4 4th qtr: $ .pr,../ Officers of Organi?ation: Name Address Bus. Phone Home Phone President: _ Member anthorNed ~thln the organization to be responsible for conduct ~d operation of bNgo gmes or r~es; Home Telephone: 7~-- 2 ~ Bus,ess Telephone: Member authorNed ~thN the org~tion to be [esponsible for fffing the fin~ciM report d ~e organization Do you, ~d each officer, dkector ~d member of the organization hHy ~derst~d the foHo~g: A. It ~ a ~olation of law to enter hto a contract ~th ~y per,on, f~, associatio~ organiTation (o~er ~o~er qu~ed organization pursuit to $18.2-~.B of the Code of Vir~nia), p~mersMp or co~orafioa of ~y cl~s~tion wha~oever, for ~e purpose of organizing m~a~g or conducthg bhgo gmes or r~es? Yes ~ No - oPe~- The organization m, maintain and file with the County's Inter- ~ Audit Department complete iecords of receipts and disbt~".~ements pertaining to bingo games and rafL~.~.as required by'State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes c~. No Co The organization must remit an audit fee of 2% of gross receipts with the Annum Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes /~-. No Do The organi?ation must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes f- . No The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organization is specifically chartered or organized d no three consecutive annual reporting periods.Yes ~, NoleSs than 8% of gross receipts averaged for Fo No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the~ preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes '~. No Go No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes J. No Ho Any organivation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes f . No ~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes ~ No Jo The organi?ation must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes /~ No The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes //~-. No 19. Have you and each officer of your organi?ation read the attached permit and doyou~ and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes ~. No I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that ali of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: . .. ? . Signature of Applicant: :.~.r?~ ?~'-': Title: /~,~¢/5 r ]~,~/£/,~t~,/~ Address: / ~ ~ / f/~/Ff 5~ ~c[ Bus~e~ PhOne: ? ~ % 5' 7 ~ / ' Home Phone: STATE OF VIRGI~~t~(~C~ CITY/COUNTY OF TO-WIT: Subscribed and sworn to before me,. /,-.,x/r/& (~Q~_~c.~ City/County and State aforesaid, this ~ohcl~ daf'of tq~_~ ' Vublic My Commission Expires: ~ ~,~, ~.nirns~ November 30, 1996 , a,~otary publii "- in and fo~ the RESOLUTION BE IT RESOLVED THIS ~ 3 day of ~~ , 199 ~ (date resolution passed), that ~'~~~ ~.,6~ is hereby authorized t° apply to the Chesterfield County Board of Supervisors the 199 4 ~ calendar year fora bingo/raffle permit on behalf of this organi?ation for ~c~~ :~/~r: /f , 7///. Revised 10/1/93 Atlthorized si~nature~(Officer or Director) CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT By Resolution of the Chesterfield County Board of Supervisors duly adopted on ,19 , permission is hereby granted to to conduct located at during the calendar year :I'HIS PERMIT WILL EXPIRE ON DECEMBER 31, 19 . This permission is granted subject to compliance with § 18.2-340.1 - 18.2-340.14, Code of Virginia, 1950, as amended, and the following conditions: Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those lawful religious, charitable, community or educational purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest Jn the real property involving the operation of your organization and used for lawful religious, charitable, community or educational purposes. Your organization shall be required to contribute an annual minimum of five percent (5%) of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and no less than eight percent (8%) of gross receipts averaged for three (3) consecutive annual reporting periods. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia, 1950 as' amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles. Your organization shall not enter into any contract with or otherwise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment. Your orga~zation shall not place or permit to be placed an), sign or signs advertisLn..g bingo game on the premises or within one hundred (100) yards of the exterior of the premises where such bingo game is to be conducted. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed annually under oath with the County Internal Audit Department on a form furnished by that department. Your report shall be submitted to Internal Audit as outlined in the County Bingo-Raffle Administrative Manual. Your report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the period which commenced on the first day of October of the previous year and ended - over - 10. 11. 12. 13. 14. September 30 of the current year. In addition, if your orgmfization's gross receipts exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disbursements during such quarter no later than 60 days following the last day of such quarter. ANY ORGANIZATION VIOLATING THIS CONDITION SHALL HAVE ITS PERMIT A UTOMA TICALLY REVOKED. No person, firm, association, organization, partnership, or corporation shali pay or receive for use of any premises devoted, in whole or in part, to conduct bingo games or raffles any consideration in excess of the current fair market rental value of the premises and in no event shall such sum of money be based upon or determined by a percentage of the proceeds derived from the bingo games or raffles. No organization shall hold bingo games more frequently than two calendar days in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. No person shall manage~ operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted on a felony or a crime involv/ng moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the Coun_ty of Chesterfield or the Code of Virginia. TO CONTINUE OPERATIONS INTO THE SUCCEEDING YEAR, THIS PERMIT MUST BE RENEWED BY THE BOAt~ OF SUPERVISORS BEFORE THE END OF EACH CALENDAR YEAR. THE PERMIT IS VALID ONLY AT THE PLAYING LOCATION LISTED ON THE PERMIT APpLICATION. THIS PERMIT OR A COPY THEREOF MUST BE POSTED ON THE PREMISES WHERE BINGO GAMES OR RAFFLES ARE CONDUCTED. THIS PERMIT IS ,VOT _.4,%¢IGNABLE. By: Attest: Chairman, Board of Supervisors County Administrator Revised 10/1/93 0905:2246.2  " CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: Official name of organization: ~'F guSu.~-r, oe Ad.ess of organization's headqu~ters (please ~clude street ad.ess, ci~ ~d ~p code): Ad.ess where ~ rocor& of receipts ~d ~sbursements Names and address of owner of the property described in 3 above: '-~e~oln of ~om~' Ctn ~[~o Irc Address(es) where_bingo games will be held:or raffle drawin~conducted (pleas~e include street address, city and zip code: ~T-fltl~ct£T~L~ C~u~¢~ ~#i.L, q~lvV~t~ot, r~h ~d,, /~r~r-~J, u/4, z~z~-7 NOTE: THIS PERMIT IS V~4LID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bin~o games or raffles will be held at the above address(es): Date when organization w~ fo~ded: /~ ~ Has your organi?ation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes t/' No Is your organi?ation currently and has your organi?ation always been operated in the past as a non-profit organi?ation? Yes ~/. No~ If not, explain 10. 1I. Tax exempt status under the Internal Revenue Code (if applicable): State the specific type and purpose of your organization: itlt~[j'{,~gU$ 12. 13. 14. 16. 17. 18. Type of permit applied for: Bingo Games f/ Raffles Both Application is for a new ~ or renewal v/ permit. If renewing a permit, were financial reports filed on time and in compliance with all applicable legal requirements? Yes // No List below gro.~sss recei_0p~, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $~ 2nd qtr: $..~771~/~' 3rd qtr: $~0~.~,~ 4th qtr: $~q~..)tj~g,~ Officers of Organi?ation: Name Vice P~idcnt: ~ Address Bus. Phone Home Phone Member authorized within the organiTation to be responsible for conduct and operation of bingo games' or raffles; Home Telephone: 76/~'-i~?g ~ Business Telephone: S t/'m ceasesMemberto authorizedexist:/~--~a,~,~swithin J',the ~a~2~ation to be responsible for fding the fmancial report if the organ~?ation Do you, and each officer, director and member of the organization fully understand the following: A. It is a violation of law to enter into a contract with any pergon, fa'm, association, organi?ation (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes v.~. No - oveY - The organi:,atlon mu aalntain and fde with the County's Iht,re '~ Audit Department complete ~ecords of receipts and disbu~fments pertaining to bingo games and raffl~..~ required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes ~. No Do The organi?ation must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes J No ~ The organi?atiou must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes //. No The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive anmlal reporting periods. Yes t/'. No ~ No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the,preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes t/. No No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes /~ No Ho Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes /,~. No Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes t~. No ~ The organization must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes ~. No The organization must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes ~. No 19. Have you and each officer of your organization read the attached permit and do yop and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes //~ . No I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all . of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: Name: / Title: Address: Business Phone: 7~ ~'~ & C~'~, Home Phone: STATE OF VIRGINIA ~+ d Subscribed and sworn to before me, .~6[1~ Ef--~), G ~P~ }1~ C~tY/Coun, ~d State Mores~ ~s ~ ~ d~y of ~ )D~m k~ My omm sion-- Exp es: gammi a ub c . RESOLUTION , a Notary Public in and for the (date resolution passed), that RevVed 10/1/93 Authorized~ignatla'~5 (Officer or Director)~ / ~" ' ,?f ~ ' .,, · , ').;, , . · BE IT RESOLVED THIS ~/~cq/~y/~.5' 'xff- .~(./z is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organization for the 199 .3 - calendar year. CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT By Resolution of the Chesterfield County Board of Supervisors duly adopted on ,19 , permission is hereby granted to to conduct located at during the calendar year THIS PERMIT WILL EXPIRE ON DECEMBER 31, 19 . This permission is granted subject to compliance with § 18.2-340.1 - 18.2-340.14, Code of Virginia, 1950, as amended, and the following conditions: e Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those lawful religious, charitable, community or educational purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involving the operation of your organization and used for lawful religious, charitable, community or educational purposes. Your organization shall be required to contribute an annual minimum of five percent (5%) of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and no less than eight percent (8%) of gross receipts averaged for three (3) consecutive annual reporting periods. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code Of Virginia, 1950 as' amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles. Your organization shall not enter into any contrac~ with or othemrise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment. Your organization shall not place or permit to be placed any sign or signs advertising any bingo game on the premises or within one hundred (100) yards of the exterior of the premises where such bingo game is to be conducted. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed annually under oath with the County Internal Audit Department on a form furnished by that department. Your report shall be submitted to Internal Audit as outlined in the County Bingo-Raffle Administrative Manual. Your report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the period which commenced on the first day of October of the previous year and ended - over - o 10. 1¸1. 12. ].3. 14. September 30 of the current year. In addition, if your organization's gross receipts exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disbursements during such quarter no later than 60 days following the last day of such quarter. ANY ORGANIZATION VIOLATING THIS CONDITION SHALL HAVE ITS PERMIT AUTOMATICALLY REVOKED. No person, firm, association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to conduct bingo games or raffles any consideration in excess of the current fair market rental value of the premises and in no event shall such sum of money be based upon or determined by a percentage of the proceeds derived from the bingo games or raffles. No organization shall hold bingo games more frequently than two calendar days in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. No person shall manage, operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted on a felony or a crime involving moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the County of Chesterfield or the Code of Virginia. TO CONTINUE OPERATIONS INTO THE SUCCEEDING YEAR, THIS PERMIT MUST BE RENEWED BY THE BOARD OF SUPERVISORS BEFORE THE END OF EACH CALENDAR YEA~ THE PERMIT IS VALID ONLY AT THE PLAYING LOCATION LISTED ON THE PERMIT AppLICATION. THIS PERMIT OR .ri COPY THEREOF MUST BE POSTED ON THE PREMISES WHERE BINGO GAMES OR RAFFLES ARE CONDUCTED. THIS PERMIT IS NOT ASSIGNABLE. By: Attest: Chairman, Board of Supervisors County Administrator Revised 10/1/93 0905:2246.2 November 15, 1993 The Board of Supervisors Chesterfield County, Virginia Greetings: St. Augustine Parish herewith submits an application for a permit to conduct Bingo games. St. Augustine Parish is a Roman Catho~ic parish church, validly and licitly erected under the authority of the Catholic Diocese of Richmond, according to the norms of universal church law (Codex Iuris Canonici). It is owned and directed by the Bishop of Richmond according to the same norms. The bishop has appointed the Reverend George E. Zahn, pastor and administrator with power to govern the parish. Proceeds from our Bingo games are used solely for ecclesiastical and charitable purposes. As a parish church, St. Augustine parish is a non-profit organization. Sincerely yours November 15, 1993 The Board of Supervisors Chesterfield County, Virginia Greetings: I hereby authorize Thomas J. Hoof to submit an application for a permit to conduct Bingo games at St. Augustine Parish. Sincerely yours,. (Reu.) Georgg~'. P~stor  CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organization: ~RE DAME CLUB of RICI~O~ 2. Address of (~igaa~ m's headquarters (please include street address, city and zip code): 3. Address wi 4. Names an, 9510 H, 5. Address(e~, zip code: NOTE: TI~ 9524 Redington Dr., t Ii · ~l ~W~N )rds of receipts and disbursements are permanently fded' 9510 Heather SDrincr Dr., i~~llflo~3~~3wn;rD;f. ~h%~O~ort~dd~es72b~d3~3~ above: Thomas J. Eichl~r ~re.~ingo games will be held or raffle drawings conducted (please include street ~j?' 11500 W. HUGUENOT RD., MIDLOTHIAN, VA. 23113 address, city and fSi'PERMIT IS VALID ONLY AT THE LOCdTION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): Various dates and times of the year; initial raffle: March 30, 1994, approx. 8pm. Date when organization was founded: June 29, 1982 Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes X No Is your organi?ation currently and has your organi?ation always been operated in the past as a non-profit organi?ation? Yes X No ~ If not, explain 10. 11. Tax exempt status under the Internal Revenue Code (if applicable): Tax ex~-npt under section 501(.c)(3) State the specific, type and purpose of your organization: TYpe=Alumni Association for the purpose of non-profit, charitable and educational endeavors 14. 15. 16. 17. 18. Type of permit applied for: Bingo Games Raffles X Both Application is for a new X or renewal ~ permit. If renewing a permit, were financial reports fried on time and in compliance with all applicable legal requirements? Yes No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ -0- 2nd qtr: $ -0- 3rd qtr: $ -0- 4th qtr: $ -0- Officers of OrganiTation: Name Address Bus. Phone Home Phone President: Goc~rgO W. M~ro~t-:TTI qqP4 R~d4ncxt-c~n Dr'_'~ 7~q-6461 %93-5976 ~ Richmond, VA 23235'- :~'.': · . VicePr~iaent: David C.~ Stumpf .5307 Sylvan Rd. 782-3320 231-6915 "" '~'~. ~.. ':':. ~ '.~ .. ~chmohdf YA 232~5 ~crem~ Thom~s J. E~hler,~ ~'~10; Heather';~pr~ng 266-7762 270-0965 ~Richm6nd, VA 23233 Tre~u~= Francesca Parch .2601 Radnor Pl. 378-8209 ' · ~ P~h~h~['~VA 23113 Member authorized within the organi?ation to 6e i~esponsibte for con, dUct ahd' operation qf bingo games or raffles; Name:George W. blarget, III Address:9324 Red~_ngton Dr., Rzchmond, V~ 23235 Home Telephone: 3 23- 59 76 Business Telephone: 7 83 - 6 4 61 Member authorized within the organi?ation to be responsible for f'fling the financial report if the organi:,ation ceases to exist: Thomas J. Eichler Do you, and each officer, director and member of the organization fully understand the following: A. It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organi?ation pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of tiny. classification whatsoeber, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No - over- Bo Do Ho The organi?ation my maintain and file with the County's Inter~l Audit De.partmen. t complete iecords of receipts and disbu,..-~ments pertaining to bingo games and raffi ...~.~.~s required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes X No The organi?afion must remit an audit fee of 2% of gross receipts with the Ann~al Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes X No _ The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No The organi?ation shall be required to contribute an _annual minimum of 5% '6f the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organiTation is specifically chartered or organi?cd, and no less than 8% of gross~receipts averaged for three consecutive :annual reporting periods. Yes X No ~ .. ' No person shall participate in the management, operation or conduct of any bing game or raffle if, within the preceding five years, he has been convicted of a felony or crime of ~n6i'al turpitude. Yes X No ~ No person shall participate in the management, operation or conduct of any bingo gapfi, e or raffle if that person, within the past five years, has participated in the management, operation, 0r~conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes X No ~ Any organization found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body7 Yes X No Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes X No ~ The org`aniTation must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes X No Ko The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes X No ~ 19. 0. Have you and each officer of your organi?ation read the attached permit and do ~ou and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes No I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatu~nd sea~ ~[~ Signature of Applicant: ~ J/lln~---' ~Z_ 4.---,--- Name: Thomas J. Eichler Title: Secretary, Notre Dame Club of Richmond Address: 9510 Heather Spring Dr., Richmond, VA 23233 Business Phone: 2 6 6- 7 7 6 2 Home Phone: 2 7 0- 0 9 6 5 ST~¥1:F~ O F VIRGINIA Subscribed and sworn to before me, City/County and State aforesaid, this ~ day of My Commission expires: ~C~gl~le.q Z~fl l q~q · TO-WIT: 'J'jl~V}~,.~ F. 6/d.~L~l~/$~4~_.~Jtg~ a Notary Public in and for the , 199 ~ . RESOLUTION BE IT RESOLVED THIS ib~'- day of ~~2(~' , 199 3' (date resolution passed), that Thomas J Eichler is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organiTation for the 1~,<~ calendar~year~ ~. /r~ Revised 10/1/93 c~Alg'h~z e (C~r 'Director) Ko ~Y-I~ ANB CEB~IFXCA~ O1~ l]J~O~q~&TlOg[ BY-LAMS OF TltE IK)TRE DAHE (N. UIJ' O~ RICHMOND ADOPTED - June 29, 1982 REVISBD - ARTICI~ ! The name of the corporation shall be the Notre Dame Club of RICHMOND (hereinafter referred to as "club"). ARTICLE I! Purpose The purpose for which the club is for~ed is exclusively non-profit, charitable and educational as contemplated by Section 501(c)(3) of the Internal Revenue Code of 1954o Any references to any provlslou of such code shall be deemed to mean such provision as now or hereinafter amended, supplemental or superceded, as the case may be. The purpose of this club shall also be to promote solidarity and friendship among graduates, former students and friends of the University of Notre Dame by encouraging the perpetuation of the same ideals which Notre Dame men and women have been taught to uphold while students at ~he University; sponsor, d{~ec~ and.participate ia activities of any nature, including charitable, educational, religious, social and athletic activities, which further the interests of ~he club members or the interests of the University of No,re Dame, to raise funds for and make and promote contributions to the University of Notre Dame developmen~ foundations establish scholarships for students and/or prospective students of ~he University of Notre Dame and to assist ~orthy and needy students of Zhe University by loans and/or gifts'o[ money; to raise, hold, manage and dispose of funds and Co receive, hold, transfer and convey all an~ any real and personal property tha~ may be necessary or convenient for attaln~ng the objectives of ~he club. ARTICLE III lle~bershlp Any graduate, former student, faculty member or friend of the University of Notre D~me living or working in (specify geographical area) may become a member of the club upon payment of annual dues. The board of directors may grant honorary membership but the holders of such memberships shall not enjoy the right to vote or hold office in the club and shall not be liable for the payment of dues, ARTICLE IV lieeting of Ne~bera Sec..tlon 1. Annual Heeting. The annual meeting of the club shall be held in August of each year for the purpose of electing the board of directors and officers and for the transaction of such other business as may come before the meeting. The date, time and location of such meeting shall be determined by the board of directors. Notice of the date, time and locatiOn of the meeting, together with the slate of nominees for all offices or positions to. be filled pursuant to the by-laws, shall be given personally or mailed to each member not more thah 40 and not less than ten days before the meeting. Section 2. Special Heetlngs. Special meetings of the club may be called by the president) four of the members of the board of directors, or 2§I of the general membership. Notice of the date, time and location and purpose of the meeting shall be given personally or mailed to each member not less than five days before the meeting. If mailed, the notice of the meeting shall be deemed to be delivered when deposited in the United States mall addressed to the member at his/her address as it appears on the records of the club, with postage ~hereon prepaid. No business shall be transacted except that for which the meeting has been called. Section 3. Voting Rights. Each member present in person shall be entitled to one vote on each matter submitted to a vote of the members. Section 4. Voting Procedures. Election of the board of directors shall be by ballot but other business may be by voice vote. All voting shall be determined by a majority vote of the members present in person and voting. ARTICLKV Board of lFirectora Section 1. Ceneral Powers. The affairs of the club shall be managed by the board of directors. A Section 2. Number, qualifications~ Term and Vacancies. The number of seat, on the board of directors shall be 6 (six) At least 4 {~o~r~ of the seats on £he board of directors shall be held by graduates, former students or faculty members of £he University of Notre Dame. . The four officers and the innnediate past president of the club shall automatically be directors. Each director shall serve for a term of three years commencing on the 1st day of January following th~ election, and shall serve only two terms successlvel within a ten year .period. 1 (one) directors shall be elected each year. A d/rector who fails to attend three consecutive board meetings without a reasonable excuse may have his/her office declared vacant by majority vote of the board of directors after the secretary has given notice to any director who has missed two consecutive meetings. The board of directors shall have the power to fill any vacancy by resignation, removal from office or death and the term of the director so named by the board of directors shall be for the remainder of the unexpired term of the vacating director. Section 3. Regular Heetings. There shall be at least two meetings of the board of directors each year· The date, time and location of such meetings aha11 be determined by the board of directors. Notice of such meetings aha11 be given personally or mailed to each director at IsaaC.ten days before any meeting. Any official business or a~endment of these by-laws aha11 be stated in said notice. Section 4.. Special Meetings. 'Special meetings of the board may be called by or at the request of the president or any two directors. The person or persons calling a special meeting may fix an~ date, time, .~location and purpose for the holding of such special meeting. Notice of any special meeting of the board of directors shall be given at least five days previously thereto by written notice to each director at his/her address as shown by the records of the club. If mailed,'the notice shall be deemed to be delivered when deposited in the United States mall in a sealed envelope so addressed, with postage thereon prepaid. Notice of any special meeting of the board of directors may be waived in writing si&ned by the person or persons entitled to the notice either before or after the time of the meeting. The attendance of a director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecClns to the transaction of any business because the meeting is not lawfully called or convened. No business shall be transacted except that for ~hich the meeting has been called. Section 5. Removal. Any elected or appointed director may be removed with or ~ithout cause by a majority vote of the total board of. directors. Section 6. .~uorum. shall constitute a quorum. th6 dlrec~ors. 4 (four) members of the board of directors All decisions shall be made by a majority of Section 7. Compensation. Directors shall not receive any stated salaries for their services, but may be reimbursed for reasonable expenses incurred vhen in the course of the£r duties as directors. There shall be no salary or fee paid for attendance at regular, special or other types of meetings. .Section 8. Transition. To facilitate the orderly conClnuation of the club under the By-Lays herein set out, the current officers shall submit to the general membership a llst of six proposed directors to constitute the' original board of directors under these By-Lays. The lllst shall designate two proposed directors to serve for a two year tern, two propOsed directors to serve for a three year tern, and two proposed directors to serve for a fou~ y~ar tern. Adoption of these By-Laws by the general membership shall constitute an election of the persons named in such list to the terms set out opposite their respective names. ARTICLE VI Officers Section 1. ~umbert Title and qualifications. ~he officers of the club shall be a president, vice president, secretary and treasurer. Section 2. Election~ Tern and Vacancies. The officers shall be . elected by the general membership by a plurality of the members in attendance at the annual meeting for a term of two years) commencing on the 1st day of January followlng the election, or until their successors are elected, and, with the exception of the secretary, shall serve no more than two consecutive terns. In the event of a vacancy, such vacancy shall be filled by a vote of the board of directors. Election of an officer shall not of itself create contract rights. Section 3. Re,oval. Any elected or appointed officer may be remOved with ~r without cause by a majority vote of the total board of directors. Section ~. Transition. The first election of officers by the general membership pursuant to the By-Laws herein set out shall be held during the month of August at a meeting duly noticed and called. The terms of all current officers shall terninate upon the installation of the officers duly elected at such meeting. AtTICL~ VII Committees The president shall appoint the ch~irnan and membership of any committees vhich viii advise th~'Club in a manner dictated by the president. Appointments of any chairman shall be subject to the approval of the board of directors. Section 1. Contracts. ~he board of directors may authorize any officer or office~s, agent or agents of the club, in addition to the president ~ho is hereby authorized to enter into any contract or execute and deliver .~ay instrument in the name of and on behalf of the' club, and such authority may be general or confined to specific instances. .Section 2. ~hecksl. Draftsl Etc. All checks, drafts or 'oth'er orders for lthe payment of money, notes, withdrawals fro~ savings accounts or other evidences of indebtedness issued in the name of the.club shall be. signed by the president and the treasure. }ectlon 3. Deposits. All funds of the club shall be deposited from time to time to the credit of the club in such banks, trust companies or other depositaries aa the board of directors may select. Section 4. Gifts. The board of directors may accept.on behalf of the club any contribution, gift, bequest or devise for the general purposes or for any special purpose of the club. Guidelines for accepting contributions shall be established by the board of directors. A~TICI~ IX Indesni flcatlon The board of directors shall have the power to indemnify any and all of the directors or officers or former directors or officers or any person who may have served at its request against the expenses actually and necessarily incurred by them in connection with the defense or settlement of any action, suit or proceeding in which they, or any of them, are made partlea, or a party, by reason of being or having been directors or a director or officer of the club except in relation to matters as to which such director or officer or person shall be liable for willful misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such llalbility. Such indemnification may, at the discretion of the board of directors, include the payment of any or part of such fines or expenses incurred by a director or officer while performing regular duties for the club. A~rlCLE X Dissolution Upon the dissolution of the club, ~he board of directors shall, after paying or making provision for the payment of all of the liabilities of the club, distribute all of the property and assets of the club to the University of Notre Dame or a similar organization organized and operated exclusively for educational or charitable purposes as contemplated by Section 501(c)(3) of the Internal Revenue Code, as amended. Any such assets not so disposed of shall be disposed of by the Supreme Court of the county in which the principal office of the club is then located, exclusively ~or such purposes or to such orsanlzatlon or orsanizations as aald Court shall determine which are orsanized and operated exclusively for such purposes. ARTXCL~ XI llon-Allenation of Benefits No parc of the net earnings of the club shall inure to ~he benefit of, or be distributable to, its members, directors, officers, or other private persons, except that the club shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. A~'fICIJ~XII Legislative or FolitlcalActlvitles No substantial part of the activities of the club shall be the coununlcation of propasanda or otherwise attempting to influence legislation and the club shall not participate in or intervene in (including the publish[nS or distribution of statements) any political campaisn on behalf of any candidate for public office. AITICLK IIII Operation Limitations Notwithstanding any other provisions of these articles, the club shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) or Section 501(c)(7) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation concr[bution.s to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future Un[ted States Internal Revenue Law). A.R*fXCLKXIV These by=laws may be amended aC any regular or special meet[ns of the seneral membership noticed for such purpose by a majority vote of the general membership. ' Affillatio~rlth ' ' - ~heAssociation of Notre ~ ClUbs,. I~c. Section 1. Authorization. This club is affiliated rich the Association of No"ire Dame Clubs, Inc. ("Association"). It is expressly recognized that the chartering and continued recognition of this club, and its affiliation vlth the University of Notre Dame and the Association shall be in accordance vith such rules and regulations as may be promulgated from time to time by the Association. '. ~ec£ion 2. By-Laws. A copy of these by-laws, and any. amendments thereto, shall be filled with the Alumni Association. No by-law shall be adopted which is inconsistent vith the by-laws of the Associatlon~ , }.ection 3. Elections. The club shall notify the Alumni lss0clatlo~ of the results of' the election of officers within one month thereafter. Section 4. Reports. The club shall file an annual report elth the Alumni Association. Section 5. Assocatlon Council of the Assocatlon of Notre D~__e Clue. The club president, or his accredited representative, shall represent the club at all meetings of the Council. Hiscellaneoua Section 1. Books and Records. The club shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, board of d/rectors and committees having any of the authority of the board of directors, and shall keep ac the registered or. principal office a record giving the names and addresses of the members entitled to vote. All books and records of the club may be inspected by any member, or his/her agent or attorney for any proper purpose at any reasonable time. Section 2. Fiscal Year. The fiscal year of the club shall be a calendar year. Section 3. Seal. The corporate seal sha~l have inscribed thereon the name ~:f the club and £he words "Corporate Seal . Section 4. Office. The club shall maintain in the State of Indiana a registered office and a registered agent. If no designation is made for any regular or special meeting, the place of the meeting shall be the registered office of the club in the State of_ N/A . Section 5. Audit. An audit shall be conducted annually by a commtctee appo£n~ed by the board of directors. Section 6. Financial Report. A s,~-~ry report of She financial operation of the club shall be made at least annually co the membership in such for~a as the hoard of directors shall prescribe. 88-C02 Rm~. 2-8O Stile Form 3g721 STATE OF INDIANA OFFICE OF THE SECRETARY OF STATE To Whom These Presenls Come, Greeting: CERTIFICATE OF INCORPORATION ' THE ASSOCIATION .OF NOTRE DAME CLUBS~ INC. 1, ED WIN ]. 51M COX, Secretary of State of Indiana, hereby cerlify that Articles of Incorporalion of the above not- for-profit corporation, in the form prescribed by this Office, prepared and signed in duplicate by the Incorporator(si ~l acknou~ledged and verified by the same before a Nolary Public, have been presented lo me al this office accompanied by the fees prescribed by law; that I have found such Arlicles conform to law; Ihat I have endorsed my approval upon the duplicate copies of such Articles; that all fees have been paid as required by.. law; that one copy of such Articles has been filed in this office; and that lhe remaining copy(les}of such ArHcles beanng the endorsement of my approval and filing has.(have) been returned by me to the incorporator(s} or his {~helr} representatives; all as prescribed by the Indiana Not-For-Profit Corporation Acl of 197 I. NO W, THEREFORE, I hereby issue to such Corporation Ibis Cerh'ficate of lncorporation, and further cerlify Ihat ils corporate existence ha's begun. In Witness Whereof. i have hereunto sd my ha,d and Wfixed the seal of the State 4 India,a. at the City W Indianapolis. this 29th da~ ~ _ June 19 ..8 2 A · Intema! Revenue Service Dtstricl Director Th~ Associ.'ltL.(~ ¢)~ Notre Dame CZubsr Zflc, Untw= stty n[ ~tr~ U,~e ~tre Uame~ IN dc~55b IRS TAX Department of the Treasury P.O. Box 2508. Cincinnali, OH 45201 Person 10 COnlaCl: Joseph R,sso Telephone Number: 513-684- :l$7tJ Rele~ Reply Io' Dale: OCT 2 5 ]983 t~o have consi¢ler<,d ye)tlr al,pljc.,~tion for o group ~,X,~l~tlon letter rocoonixin9 you~ sul~rdi, nate~ oroanizntions of tho type descrll,~ tn section ~1(c)(3) oE the Internal Revenue Cmle o~ 1954. ~r records show that ~t ~r~, recog~t/ze(! as ex~mpt ~r~ ire~loral inco~n tax u~er section ~1(c)(3) el tho Code. The exemption letter remains Based on the in£ormaticm supplitxl~ wo recognize y~,ttr named sub- tax u~et sectj(.~ r~1(c)(3) oC the Cmlo e~octJvc July ~1, 19{~:1. Additiormlly~ w,; havo classi£Jcd Lite oxgani~.atJc,~,~.l.,nt opcr..~te~ sup(:rvJsoj ur co-tL'ol~ alJtl which to uss as (~.gaj~i..;tLit)llS that .~.rc, t~(~l they are o~:ga,5zatlons or th(: type described of the Code. Donors may deduct C¢)lll. ril,utlons to yotlr section 170 of the Cfldo. Bcquosts~ leo,~cies, clevis,~s~ tr.ans~c~rs~ or gl[ts to th~, or ~or tlmir u~(, ,ar~- dqductiblc lot F~lornl ost.~t.e ~nd gift tax J)tlri),)$1~S if they mec, t tho al)i~li(:abh~ pr~vLsi, c)ns c~f ~ections ~55~ 21~, and ~522 of the Code. You~ exempt suls~rdlnates ~d~osu gross receipts each y~:ar arc normally more tha, $25~O(X3~ are each requirc~ to fil~ Form 990, I(~ttt['ll Organizations Ext,nl)t from Incom~ Tax~ by the 15th day of the /'i/th month afftor the et~c! of tho am~ual accountin9 pori(xl. If you you may ~ile a 9roup return r()r those sulcrdinnt~ that you in w~i tin9 to includc~ rhea i.~1 that return. This t~utd i;o addition to yo,r separate teturp. Tho taw im~ses a l~naIty el $10 a day~ up to a maxim,a el $5,~), when a returns'is fi[~ late, unless there ts a ~asonable cause ~oz.,the d~lay. -2- The Association of'Notre Dame Clubs~ Inco Your exempt :sUtx~r¢linates are not required to /'i1~.* Federal income tax returns unJe.sn stdLiect to the tax on unrt, lated bu.~illeSs income under section 511 of the Cod(.. Each organization subject to this tax must file Form 990-T, Exempt Organlza.tion Bus(ness Income Tax Return. In this latt~:r we are not ¢l.o. ten, ining whether any of your sill.~r, dlnates present or l)~Opo.~ed activities are unreJated tra~l,. ~r hu.~[l~t,ss as de:~ned tn section 513 o~ the Code. ' Under section ~.~O-l(a)(2) o.t' the Income Tax Regulations~ nn organ,- ration which seeks exeml,t~on undt,r sect~ol~ 5Ol(c)(~) o~ the ~e must ~[e ~ts ex,pt[on aPl)l~cation w~th~n 15 months from the end o~ the month ~n which ~t Was formed. You did not apply [o: recognition o~ exemption for yottr subordinates within 15 months t'rom the end o~ the 'month in which they wore lormod. Your letter of St,ptember 23~ 1983~ agreed that the n~.fective dat~ of their exemption u.der section ~l(c) (3) o~ th~ Code ts the date on which their applicat:lo, was filed and not retroactively to the date th~,y were termed. Ther~:~nr~ iC i5 neces- sary ~or us to hr~ld that tho e~f~'ctiv~ date o~ y~ur sul~rdinates~ exempti,m is as stated in tho third paragraph o: this letter. 5c~ section 1.508-1 o~ the Income Tax Regulations. Based on i~t£ormation supplied with your letter o£ Septc,nbe[' 23~ 1983~ your subordinates are exempt £~om Federal income tax under section 501(c)(4) of the Internal Revenue C,~de £or the period beginnln9 with their dates of £ormation to the effective date of their exemption under section .%01(c)(3) of the Cod~, For the pe~'~od they are exempt under section r~Jt(c)(4) o£ the Coder contributions ~o th~m are not ', deductible by donoz's under section 170 o£ the Code, Also, for the period beginnin9 with their date o£ formation to the effective date of their exemption under section ,501(c)(3) of the Code~ they are liable ~or Federal taxes~ includi~9 incom~ tax a.d Federal Insurance Contributions Act (Society S~ctlrJ ti') ta);i~Ss to the exten't provided by law. They are also liabte ~(,r I~ctl~,:nt unemploy- ment taxes iff, du~in9 the current or prcccdin9 calendar year, they have one or more emptoyees aL any time in each o~ th(~ 20 cale~ar weeks or pay wages o~ $1,~0 or more in any calendar quarter. As of July ~)~ 1933~ your sul~dinatcs are not liabl~ for Social Security (FICA)~taxes unless the;' ~:ither (1) ~i lc a ce:tific~tei Form 5S-15~ waivin9 their exemption ~rom these taxes or (~) pay FlU taxes for at Jcast three consecutive calend~r quarters after you re- ceive this letter (in such cases they are considered to havt~'waiv~ their exemptoin '~rom FiCA taxes~. The~ are not l.[ablo for the tax trussed under the FederaZ Unemployment Tax ~t (FUTA). Beginnin9 January 1~ 1984~ unless speci£ically excepted, you must pay taxes under the Federal Insurance Contrihut$on.~ Act (social security r ~ch ye~r~ v:~ Lhin '.J~ d~y~ ~FLcc th~ ~,d ~ your 2~ A 1'.,iL .~howinr.! th., I~mes, matlinu add~t.-.~s (iii- di£.fcrr,nt, .',nd ,:mployer iclenti£ic.~tlou uumt~rs o£ subordinates that durln9 the year: a, chanued Ilames .or addresses; b. werl: deleted £ro, m your roster; or c. were added to ybur ~oster, 3. For su[~.)rdlnates to be added attach.' Cm a statement tllat the information on witich your present 9roup exempt/on Zett~,r is ba~ed appZies to the new subordinates. a statement that each has given you written authorizat~on to add its name to the roster; a fist of thos(, to which the Servlc~,$ pre- viousiy issued exemption rulings or deter- mJ nnt~on letters~ dm a statement that nol~e of the suL~r(linate~ are private X'ntmdations as de£1m:d in sec- tion 509(a) o£ the Code; anti the street address of subordinates where the mailing ad(Jr.ss is a P.O. Box. Irt the event that any subordinate is a school claimin0 exe'nl~tion under sect/on 501(c)(3)~ contact the DisZriat U/zector at the addr,:ss shown in the h(mdin0 o~ this /otter so that you can be notifi~.of any .~dditional requirements ~or schools. Sm if ,~pp.l. tcable~ a stai. em~-nt that your group exemption tester did not chanoe du'rin9 the year. The above informatLon should f~, sent, "Addition: Entity Control Unit*** to the Iht.maX Revenue Sorvice Center~ Clnctnnati~ Ohio 4509q. -4- The Asso¢i.~tion o£,Notre Da~e Clubs, Inc. The Service Center will s~:nd you a Group ~ption N~r. :You are ~quir~ lo inci. uge this number on ~ach Form ~ition Ex~mp~ F~om Income Tax~ and For~ 990-T~ Examj~t Organization Business Income Tax R~tu~n. Pleas~ advise ~our subordinates et this r~ui~e~nt ami provide them with the Group ~xm, p~ion Number. If you have any flueSttonSa please contact the I~ernon whose nmni~ and telephone numar are sho~ tn the heading of this' letter. Sincerely yours~ · Dir~'ctor District cct Philip T. Temple Kathleen ~k~un t ~ Prerau & Teitell 375 Park ~venue New York~ NY 101.52 CHESTERFIELD COUNTY Application for a Permit to Conduct Bim, o Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organl?ation: Thomas Dale Band Boosters Address of organi?ation's headquarters (please include street address, city and zip code): Thomas Dale High School 3626 W. Hundred Road Chester~ Va. 23831 Address where all records of receipts and disbursements are permanently filed: Thomas Dale High School 3626 W. Hundred Road Chester~ Va. 23831 Names and address of owner of the property described in 3 above: Chesterfield County Schools Chesterfield, Va. 23832 Address(es) where bingo games will be held or raffle drawings conducted (please include street ad&ess, city and zip code: 3626 W. Hundred Road 'Chester, Va. 23831 NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): Various dates and times 7. Date when organization was founded: 1973 Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes X No o Is your organi?ation currently and has your organi?ation always been operated in the past as a non-profit organiTation? Yes X No If not, explain 10. Tax exempt status under the Internal Revenue Code (if applicable): 509-8-2 11. 14. 15. 16. 17. 18. State the specifctypeand purpose of your organi?ation: To Support the Thomas Dale Band by purchasing uniforms~ music~ instruments~ etc as needed. Provididing scholorships and helping with expenses for trips~ instruction~ camps: etc. Type of permit applied for: Bingo Games Raffles X Both Application is for a new ~ or renewal X permit. If renewing a permit, were financial reports filed on time and in compliance with all applicable legal requirements? Yes X. No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $6~819.64 2nd qtr: $ 3rd qtr: $ 4th qtr: $ Officers of Organi?ation: Name Addre~ Bus. Phone Home Phone President: Rebbecca Lang 11421Driscoll Road 768-6245 748-8656 Cho~rer: Va. 2383'I ~ce Pr~iOcnt: John Inzan~ 14808 Fox Drive 530-2216 Cnl~nni~l Hei~h~. Va. 23834 ~eta~ Tina. Loomis 13517 GreTfi~ld Dkive 796-9595 Chester, Va. 23831 Tre~,~. Sharon D. Shephard 2101 Burgess Road 732-9115 530-2008 Chester, Va. 72821 Member authorized within the organi?ation to be responsible for conduct and operation of bingo games or raffles; Name:. Reb.becca Lang Address: 11421 Driscoll Road Chester, Va. 23831 Home Telephone: 748- 8656 Business Telephone: 768- 6245 Member- authorized within the organi?ation to be responsible for filing the financial report if the organization ceases to exist: Treasurer~ Sharon D. Shephard~ President Rebbecca Lang Do you, and each officer, director and member of the organi?ation fully understand the following: A. It is a violation of law to enter into a contract with any pergon, firm, association, organi?ation (other than another qualified organi?ation pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No __.. - over- Bo The organiTation my" maintain and file with the County's Inter' ! Audit Department complete records of receipts and disbt,_~ments pertaining to bingo games and raff,._/as required by'State' arid County Law, and that such records are subject to audit by the County's Internal Audit ~:partm.ent? Yes X No Co Do The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes × No The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organi?ation is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes X No ~ Fo No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the preceding five years, he has been convicted' of a felony or crime of moral turpitude. Yes X No Go No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes X No Ho Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the .Code of Virginia, is subject to having such permit revoked by the local governing body? Yes X No Any person violating the provisions of Article 1.! of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes X No ~ Jo The organi?ation must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes X No The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes X No 19. Have you and each officer of your organi?ation read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes X No ~ 0. I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: ~( ~,.~d~2~ Name: ]~ebecca Lang Title: President Address: 11421 Driscoll Road Chester, Va. 23831 Business Phone: 768-6245 Home Phone: 748-8656 STATE OF VIRGINIA CITY/COUNTY OF /"~/~t'e-~,~b 6'~-~2 'TO-WIT: Subscribed ~d sworn to before me, ~fM~{ j ~&~ Ci~/Co~ ~d State dores~d, t~ go day'of ~c~ e Not~ Public My Comm~sion Expires: ~ ~ ~ ~ ~5 ~ RESOLUTION BE IT RESOLVED THIS 30 day of November , a Notary Public in and for the 1995 . ., 199 3 (date resolution passed), that Rebecca Lang is hereby authorized to apPly to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organization for the 199 3 calendar year. Revised' 10/1/93 ~Authorized sigfiature (Oltlcer or Director) CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT By Resolution of the Chesterfield County Board of Supervisors duly adopted on ,19 , permission is hereby granted to located at to conduct during the calendar year TttlS PERMIT WILl, EXPIRE ON DECEMBER 31, 19. This permission is granted subject to compliance with § 18.2-340.1 - 18.2-340.14, Code of Virginia, 1950, as amended, and the following conditions: e e Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those, lawful religious, charitable, community or educational purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involving the operation of your organization and used for lawful religious, charitable, community or educational purposes. Your organization shall be required to contribute an annual minimum of five percent (5%) of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and no less than eight percent (8%) of gross receipts averaged for three (3) consecutive annual reporting periods. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia~ 1950 as' amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles. Your organization shall not enter into any contract with or otherwise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment. Your organization shall not place or permit to be placed any sign or signs advertising any bingo game on the premises or within one hundred (100) yards of the exterior of the premises where such bingo game is to be conducted. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed annually under oath with the County Internal Audit Department on'a form furnished by that department. Your report shall be submitted to Internal Audit as outlined in the County Bingo-Raffle Administrative Manual. Your report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the period which commenced on the first day of October of the previous year and ended - over - 10. 12. 13. 14. September 30 of the current year. In addition, if your organization's gross .receipts exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disbursements during such quarter no later than 60 days following the last day of such quarter. ANY ORGANIZATION VIOLATING THIS CONDITION SHALL HAVE ITS PERMIT AUTOMATICALLY REVOKED. No person, firm, association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to conduct bingo games or raffles any consideration in excess of the current fair market rental value of the premises and in no event shall such sum of money be based upon or determined by a percentage of the proceeds derived from the bingo games or raffles. No organization shall hold bingo games more frequently than two calendar days in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. No person shall manage, operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted on a felony or a crime involving moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the County of Chesterfield or the Code of Virginia. TO CONTINUE OPERATIONS INTO THE SUCCEEDING YEAR, THIS PERMIT MUST BE RENEWED BY THE BOARD OF SUPERVISORS BEFORE THE END OF EACH CALENDAR YEAR. THE PERMIT IS VALID ONLY AT THE PLAYING LOCATION LISTED ON THE PERMIT APPLICATION. THIS PERMIT OR A COPY THEREOF MUST BE POSTED ON THE PREMISES WHERE BINGO GAMES OR RAFFLES ARE CONDUCTED. THIS PERMIT IS NOT ASSIGNABLE. By: Attest: Chairman, Board of Supervisors County Administrator Revised 10/1/93 0905:2246.2 CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT APPLICATION SUBMISSION INSTRUCTIONS New Applicants must attach a copy of the organization's charter, articles of incorporation, bylaws, or other legal documents which describe the specific purposes for which the organization is chartered or organized. Applicants _must submit a check in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee. In order to fully complete this application additional pages may be attached where necessary. Submit this application to the ChesterfieM County Attorney's Office by mail to: P. O. Box 40, Chesterfield, Virginia 23832 or by hand to: Route 10 and Lod Road, ~ldministration Building, Room 503. o Before submitting the application to the County Attorney, care should be taken to complete the Resolution at the bottom of the permit application. ALL APPLICANTS MUST BE AUTHORIZED BY AN OFFICER OR DIRECTOR OF THE ORGANIZATION TO APPLY FOR THE PERMIT ON BEHALF OF THE ORGANIZATION. THE AUTHORIZING OFFICER/DIRECTOR MUST BE SOMEONE OTHER THAN THE APPLICANT. 0905:2249.1 o CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles the applicant offers the following information under oath: Official name o£ organi-ation: ~ ~0.n~t,~i {~ (~ran~e Address of organiration's headquarters (p ease include street address, city and zip code): Address where all records of receipts and disbursements are permanently f'ded: Names and address of owner of the property described in 3 above: Address(es) where bingo games will bc held or raffle drawings conducted (please include street address, city and zip code: II~ot -~u,~d[e. R~,<t : C~e~'l-~r~C;.e_/cl_, t/a, NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates or days of week and time when bingo games or raffles will be held at the above address(es): ~:r,'da~ q:oo p.m. Date when organi?ation was founded: .&~t"J' / I Q 5 o° Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes ~,~. No Is your organi?ation currently and has your organization always been operated in the past as a non-profit organivation? Yes ~. No~ If not, explain 10. 11. Tax exempt status under the Internal Revenue Code (if applicable): State the specific type and purpose of your organi?ation: ~am{Ij 12. 13. 14. 17. 18. Type of permit applied for: Bingo Games ~ Raffles Both Application is for a new ~. or renewal ~ permit. If renewing a permit, were fmandal reports fried on time and in compliance with all applicable legal requirements? Yes No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ qqt~l..5O 2nd qtr: $ gg~O.OO 3rd qtr: $ lagarC, t~O .4th qtr: $*6qqo., 5o..· Officers of Organization: Address Bus. Phone Home Phone President: Treas,:ret. Name z 7 6-Tg g~ qqo -tS,g! 1Vlember.aUthov~ed within the organization to be responsible for conduct and operation of bingo games or raffles; I~omv,-'Telb3hone: t"/q~o.Io~$ Business Telephone: ~ Member authorized within the organi?ation to be responsible for fding the financial report if the organi?afion ceases to exist: :5~ldt't'A It~ , ~0114/c$ Do you, and each officer, director and member of the organization fully understand the following: A. It is a violation of law to enter into a contract with any person, firm, association, org~aizafion (other than another qualified organi?ation pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation ef any. classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X/. No - over - The organi?ation mr maintain and file with the County's Inter ' Audit Department complete iecords of receipts and disb~c, ments pertaining to bingo games and rafft,....'as required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? . Yes ~ No ' ~' Co The organi:,ation must remit an audit fee of 2% of gross receipts with thc Annual Financial Report not later than December I unless gross receipts are less than $2,000? Yes v~ No ~ The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes ¥/:~. No .'.. ., go The organi?ation shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful reli~ous, ..charitable, community-of, educational purposes for which the organi?ation is specifically chartered or organi?ed, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes ~./ No ~ Fo No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the. preceding five.years, he has been convicted of a felony or crime of moral turpitude. Yes ~/ No ~ No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes ~. No Ho Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body?. Yes ~. No Any person violating the provisions 'of Articie'l.i of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty ofaClass6 felony? Yes v~ . No~ The organi?ation must provide written notification to thc County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes ~/. No 19. K. The organizatipn 'must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes ~. No Havb you and each officer of );our organi?ation read the attached permit .and d° you~md each offiCer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes v/. No 0, I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signature/s and seals: / Signature of Applicant: ~E/'Z~gr/d'F~C/~~ ~! Title: B,~ 'Tre~,q c~r Address: Ilglo ~p:lO~r~ l,,tm~ , C. Jaa~'ber.6'e~M Business Phone: "lqq--~q-t~ Home Phone: STATE OF VIRGINIA c- e/coum- OF To.WiT,.-, Subscribed ~d sworn to before m~, Ci~/Co~ ~d State ~ores~d, t~ r~r~;~ day ~of ~ _., Not~y Pu~ My Comm~sion Expires: , a Notary Public ~ for the - .. BE IT RESOLVED THIS RESOLUTION ~-f'~( day of d~c~c__e.,~J~e: , 199 ~'-~. (date resolution passed), that is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organization for the 199 4t. calendar year. Revised 10/1/93 j~'ano'rized signature (Of. ricer or Director) -~ CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. Official name of organization:_ lfffi7 I'd ~dS ¢ g i ~ MI ~ 0 P~ ~'V Address of organization's headquarter, (pleaseo. ~:~o)~include~ stre. et~)o~/address,/C,/lcityc~d[ofh;~.l.4~zip code): Address where ~ records of receipts and disbursements are perm~entlLffled:, ~ Nines and_ address of o~er of the ~roperty desc0bed in 3 above: Addmss(es)~ ~r~ b~go games ~H b~ h~ld o~ ~fle dr~ngs conducted (pl~as~ ~!ud~ s~eet ad&ess, d~ ~d NOTE: THIS PE~IT IS VALID ONLY A'T THE LO~TION DESC~BED IN 5 ABO~. Dates or days~_._t~, t~. ~°f weekT'andlj ~timewhen.% d4~bine°'7.'g~m~s orta raffles~j~0will/~./~ ,be held at the above address(es): Date when organization was founded: ~'~ 2~! IQ<~ ~ Has your organization been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes 9~ No ~ Is your organiTation currently and has your organization always been operated in the past as a 'non-profit organization? Yes /~ No~ If not, explain 10. Tax exempt status under the Internal Revenue Code (if applicable): 11. Sltate the ~rl~citic type alld purpose of your organization: ~ V; I i 12. 13. 14. 15. 16. 17. 18. Type of permit applied for: Bingo Games ~ Application is for a new Ora~"~e~ on time and in compliance with all Raffles X Both permit. If renewing a permit, were f'mancial reports ffled legal requirements? Yes ~ No ~ List below gross receipts, i_Lg3.E, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ J 2ndqtr:$ J 3rdqtr: $ ~J 4thqtr:$ / Officers oI Orgmfization: Name Address Bus. Phone President: C~~~2 Home Phone 7ff c Membe~ ~,,hnrized within the organization to be responsible f;or conduct and operation of bingo games or raffles; Name: /~/z:t~f-~Or ~, fi/tSt;~~ Address: Home Telephon6: (~_~#re) Business Telephone: Member authorized within the organization to be responsible for f'fling the financial report if the organi?ation ceases to exist: ~/~'~d/,~d~ ,y. ~/~/475e..r" Do you, and each officer, director and member of the organization fully understand the following: It is a violation of law to enter into a contract with any per~on, firm, association, organi?ation (other' than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes X No - oPer- The organi?ation must maintain and file with the County's Internal Audit Department complete /ecords of receipts and disbursements pertaining to bingo games and raffles as required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes _X_._. No.~. The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December I unless gross receipts are less than $2,000? Yes ~ No ~.. The organiTation must furnish a complete list of its membership upon the request of the County's Internal Audit .D. epartment or other designated representative of the Board of Supervisors? Yes )~ . No The organization shah be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organization is specifically chartered or organiz.ed, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes ~ . No No person shall participate in the management, operation or conduct of any bingo game or raffle if, within the' preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes X No Go No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes ~ . No Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes . ~ No ~ Jo Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes ~ . No ~ The organi?ation must provide written notification to the County's Internal Audit Department of any change, in elected officers or bingo chairperson during the calendar year covered by this permit. Yes )~ . No The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes ~' No 19. Have you and each officer of your organization read the attached permit and do you and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes ~' No ~.. I hereby swear or afftrm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all . of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: ~ /~ Name: radT rd $. Title: ~-t'-~ at $ ore- ," Address: , (f. hes e /d l/q Business Phone: ..7~' "[ Z / z.- · ' Home P~arme: -5 ? ~ ~'t7 g q' STATE OF VIRGINIA ___ ~ crrv/coum v OF Subscribed and sworn to before me, · City/County and State aforesaid, thls ~ ~h. My Commission Expires: TO-WIT: 77 e esa m. day of ~'~-~ b42t Notary Public , a Notary Public in and for the RESOLUTION . day of ~ BE IT RESOLVED THIS / , · 199 ~.~ (date resolution passed), that ,/~~///~/'~d. ~, /~t~~~'~ is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organization for the 199q.3-.~¢ calendar year. Revised 10/1/93 Authorized signature (Officer or Director) ~ t~ prOvi~ions O~ thc curro~ hcstcrfitld Couaty Bingo-R~ffic ~c A~iu~t~a~ve M~ual, Yes ~, No _ _ behalf cf tho or~i~t[o~ to rumply ruth each of tho cofldit~ons th~Fela? yo~ ~. No ~. I hereby swc~ m affirm ~r ~h~ ~naiti~ of ~rju~ ~ gt foflh in ~18,2.4~ of thc ~ ~ha~ ~1 of thc a~c questlo~ have beau ~plctely a~swor~ ~d that ~ thc ~tatcments ho~ arc truo Lo thc ~st of my k~ow]od~e~ ~fo~Mion ~d bo~c~ STATR OF VIRGINIA.,,/ . ,,f,..; TO-WIT; S~btcribed and ~wota to before me, City/County and State afor~ald, this ~sy 0[ _i~.~l~. _ ~ 199_~. Nota~ry Public My Commlasion Explrea: .- _ ~-~& ~_ , ..... , a Notary Public in a,d [or thc (date rc~olution pa~sed), that  nut~r~ apply to th~ Chesterfield County Board of h~re~y ~e~:ed ;0/I~3 Aut~d-S~it6re (O ~ or D~e~rW ' f,O'd 800'°~4 ~;O:.ql '~_6,ZO oa<q ~-96Z-?08:~3± SLNFiOD 093IJ~3ZS3H2 '- "-'-~"~~~ Application for a Permit to Conduct .Bjpeo _Games or Raffles In support ~f this application, the tippllcant offers thc following Information under oath: 2. Add[ess of organi~'atlon's ' r ' ' ' headquarterl (pleaSS mclud~.strc, et add os~, clt~, ~p ~do), /, Ad.ess wls~rc~ records of rcccints and ditbsrsc~cnts ar~ ~rm~cntly_ff~ed: . 4, N~cs an~ddre~f o~er of. t~ Rrop~r~ dcsc~d ~ 3 a~e: of r~ip~ ~d ~bursemcnts ~rt~ahg (o b~go ~es ~ r~s m requ~cd ~ StAte. and Coimty and th~ su~ re~r~ ~e subject to audit by thc ~un~s lntem~ Audit Dep~rtmcnt? C, ~ or~ani~on mint rcmlt ~ nudlt ~ ~ 2~ O~ ~o~ ~p~ ~t~ th~a~ F~fl&nc~aL ~port later than D~em~ I ufllc~ ~ rc~ip~ ~c i~ than $~ Yes ~. ~o ~. D. ~e orgn~tion ~u~t f~nh~ a ~omplct~ ~t of its membership ~ thc roqucst of the Cou~t~& Internal Audit ~6p~tment or ~her ~nat~ r~p~n~zi~ of thc Board of Thc organl~fion ih~ ~ rzqulred tO con~ibute an ~nual ~tnimam of 5% of thc ~oss rC~pts from all h~o ~met Or r~flei for th~ Jain[ rei~O~ ch~tltabtc, ~omm~m~ty ~f cdu~t~ou~l pu~e~ for ~hich · c ~g~t~ ~ sp~y ~artoted or 0rga~, and no l~ss tha~ 8% of ~o~s tc~ipts ~vcrag~d for F. NO ~rson ~hall participate in the m~age~eDt, op~ration or conduct of ~y bingo g~c or raffl~ if, ~ ~t' pz~ag fiv~ yeart, ho has baea ~nMct~d o~ a ~alony or cr~a of moral t~itudc. Yts ~, No ~, No poraon thgl parti~pato ~ tho maflagemen~ o~ratioa or condu~ of any bin~ game or raffl~ if that ~t~on, ~ ~e pa~t fx~ ~e~s, has participated ~ the m~ement, operation, or conduct of ~y bingo gnma or r~e ~ wM gonad by n 1~ ju~ction to ha~ b~n operated in ~oiation of state law or H. Any ~gagon [0~d ~ ~lngon of ~ pro~i0ns of ~ficle 1,1 of Chapter 8 of Title 18.1 of th~ ~ h subject to ha~g s~ch ~mit revoked by tho 1~ governing body? I. Any ~t~n ~latin~ the pr~sio~ of ~clc I.X of Chapter 8 of T~tle 8.2 of the ~ bm ~ of n C~ I ~ademe~or ~d ~y ~erson ~olat~ the pro~gons of ~ ~8.2-~.9 th~ of a ~ass 6 fclony~ YOs ~. No ~ ~e otpni~ttOu m~t prairie ~it/cn uotifi~tion to the Co~t~s Intcm~ Au&t Dep~tmcnt of apy ~S*e~ ckcted o~fl~rs or b~so ch~erson d~s ~c ~lcnd~ year c~crcd by this permit. 1L 12. 14. 15, 17, 18. Dates or dtys of week and tlmeWhcn bingo 8~tmcs 01' ri~fl~,~ W~ bg h~ld at tho ubo~ addre~(~): 7_0 e 7 i, _ .......... Has you organization been i~ o. gstea~ a~d met resul.arly hi Ch~t,~rflcld Co.u?y or sn adjacent cotmty, cit~ or to~n for tw~ (2) years Jmmedlatcly prior to maklnt this appllcati~? Y~ _.3[_. . No . Is your orgaaizatio .c. urm~tly ~md has yo~ ol'l~ani~tlo~ alwa~ b~cn o~ratcd in the past as a 'non-profit otsantzatlon? Yes..~' No ...__._. If not, cxplain ................ T~e of permit appllcd for: Blnso Gsmes ---.., Raffles ~ Both ~ Applicatio~t is for ancw or ~'~ ,,,,/ permit. If renc:wJo~; a permit, w~re tZqanctld reports tiled on tlmc and la comptla.n~all apple legal requirements? Yca . No .__,,,,_, List below gross r~ccipts, ~ From ail $ource~ related t~ tho oper~tl0~t 0i biago ]~p.m~s ot ia~tant bLngo by ~lm,dar quarter~,t~r the 12.month p~riod inlmcdiatcly prior to ~ dat~ of t~a app~oa: hr q,r: $ ~/__ 2,d qtt: ~./. 3rd q,:$ ./ 4,h q~,$/ O{'ficars ol Organ~6oa: Mcmbe~,,ha,~d ~thin ~he ots~tio~ to bo tclpo~ibic~r conduct ~d opcr~ion of b~go g~cs o~ r~es; Member aot~.d~cd with~ th~ otgm~tiofl ~o b~ resvonsibl~ for fdiflg the tm~ci~ ~cpott ~ thc ors~t~n Do you, and ca~ officer, d~ector and member of th~ or?.t.e~toa A, I~ ia a ~olatioa of law lo onttr into a ~on~a~t ~th any pcr~on, a.othcr qu~cd or~anl~attoa pursumt to 1i8,~,t3 of the ~, ~ts~p or ~rporat~n of an~ d~iiflcation wba~ot~t, for ~ purpose o~ orsa~ r~cs? Yes ~ No ~, SOO'oN t~0:9~ iG,ZO aa~ $$~-96Z-~08:93± X±N/'I03 093iSa3±S3H3 CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: Ad._dress of qrganizafion's headquarters (please include street address, city and zip:/~e): Address where all records o_~_f receipts an~_,disbu, rsements are permanently filed: Names and address of owner of the property described in 3 above: Address(es) where bin~go games ~ be held or raffle drawings conducted (please include street address, city and NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE, o o Dates or days of week and time when bingo games or raffles will be held at the above address(es): Date when organl,ation was founded: .j'~4.)~ Has your organi?ation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes /.~'"". No Is your organi?ation currently and has your organi?ation always been operated in the past as a non-profit organi?afion? Yes /.....t. No~ If not, explain 10. 11. 12. 13. 14. 16. 17. 18. Tax exempt status under the Internal Revenue Code (if applicable): ..0'b /- State the specitie type and purpose of your organi?ation: -5'~/~r~/~ ~- ' ' .~,~, ~£tn~u/~; l-c./ ~_~,~ ol :~/ ~'~-~,~,~- aJ Type of permit applied for: Bingo Games ~ Raffles Both ~--'~ Application is for a new ~ or renewal ~ permit. If renewing a permit, were Financial reports fried on time and in compliance with all applicable legal requirements? Yes List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: Ist qtr: $ 2nd qtr: $ 3rd qtr: ~$ 4th qtr: $ Officers of Organi?ation: Name Address Bus. Phone Home Phone Member an~orN~d Mt~ th~ orgmtion to be responsibi~ for conduct and operation of bNgo games or rdfl~s; Home Telephone::/::~.... ~ ,~ ~ ~- Bus,ess Telephone: .:~ Member author~ed ~thin the org~tion to be responsible for ~ding the financial report d the org~tion Do you, and each officer, director and member of the organization fully understand the following: A. It is a violation of law to enter into a contract with any person, firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles? Yes /. No - over- The organization must :ntain and file with the County's Internal a, udit Department complete iecords of receipts and disburse~ts pertaining to bingo games and raffles ~ :equired by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? . Yes No The organization must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes t~~. No ~ The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes ~.. No The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community of educational purposes for which the organization is specifically chartered or organized, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes ~.~J'~. No ~ No person shall participate in the management, operation or conduct of any bingo game or raffle if, within ~. recedingthe five years, he has been convicted of a felony or crime of moral turpitude. Yes ~ . No No person shall participate in the management, operation or conduct of any bingo game or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes /' No Any org~ni?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes ~. No~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemean~cr and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes ~ . No The organi?ation must provide written notification to the County's Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit. Yes /./~ ,. No The organi?ation must comply with the provisions of the current Chesterfield County Bingo-Raffle Administrative Manual. Yes v' No 19. Have you and each officer of your organization read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes ~ No ~ I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief?. Sign~th'e of Applicant: Address: Business Phone: Home Phone: STATE OF VIRGINIA CITY/COUNTY OF ~x~x.~c~,4'NX TO-WIT: Subscribed and sworn to before me, ~x',_~ ~X~Csgx City/County and State aforesaid, this ~ day of 9g',}~\. ' Notary Pt~ My Commission Expires: " ..... ~' , a Notary Public in and for the 199.3. RESOLUTION BE IT RESOLVED THIS ¢~q day of ~:P C.), , 199 ~ (date resolution passed), that /~/tg6 ~/'~ 7L ~ ~g .~e~q is hereby authorized to apply to the Chesterfield County Board of Supervisors for a bingo/raffle permit on behalf of this organization for the 199 ~,~ calendar year. Revised 10/1/93 Authorized signature (Officer or Direc"'etm') CHESTERFIELD COUNTY BINGO/RAFFLE PERMIT By Resolution of the Chesterfield County Board of Supervisors duly adopted on ,19 , permission is hereby granted to ,,t;:~,'DM'J,'~'~$ /~_C_.cO C / tl 7'-, o~J, ~ ~' ~ to conduct located at ~/~ (~.~',~,~L/.~fa/4.~/' ffou-/~v',4,qd 7~/~-,~,,~,~./id ~ during the ~alendar ye~ IUlS PE~IT ~.L EXPI~ ON DECEMBER 31, ~9 . This permission is granted subject to compliance with § 18.2-340.1 - 18.2-340.14, Code of Virginia, 1950, as amended, and the following conditions: 0 Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by your organization may be used for any purpose other than (i) those lawful religious, charitable, community or educational purposes for which your organization is specifically chartered or organized and (ii) expenses relating to the acquisition, construction, maintenance, or repair of any interest in the real property involving the operation of your organization and used for lawful religious, charitable, community or educational purposes. Your organization shall be required to contribute an annual minimum of five percent (5%) of the gross receipts from all bingo games or raffles for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, and no less than eight percent (8%) of gross receipts averaged for three (3) consecutive annual reporting periods. Your organization shall not enter into a contract with or otherwise employ for compensation any person or firm, association, organization (other than another qualified organization pursuant to §18.2-340.13 of the Code of Virginia, 1950 as amended), partnership or corporation of any classification whatsoever, for the purpose of organizing, managing or conducting bingo games or raffles. Your organization shall not enter into any contract with or otherwise employ or compensate any member of your organization regarding the sale of bingo supplies or equipment. Records of all bingo and raffle receipts and disbursements shall be kept and shall be filed aImually under oath with the County. Internal Audit Department on a form furnished by that department. Your report shall be submitted to Internal Audit as outlined in the COunty Bingo-Raffle Administrative Manual. Your report shall be a matter of public record. Each report shall include a record of the gross receipts and disbursements of your organization for the period which commenced on the first day of October of the previous year and ended - over - 10. 11. 12. 13. 14. September 30 of the current year. In addition, if your organization's gross receipts, exceed $50,000 during any calendar quarter, you must file an additional accounting of all receipts and disbursements during such quarter no later than 60 days following the last day of such quarter. ANY ORGANIZATION VIOLATING THIS CONDITION SHALL HAVE ITS PERMIT AUTOMATICALLY REVOKED. No person, firm, association, organization, partnership, or corporation shall pay or receive for use of any premises devoted, in whole or in part, to conduct bingo games or raffles any consideration in excess of the current fair market rental value of the premises and in no event shall such sum of money be based upon or determined by a percentage of the proceeds derived from the bingo games or raffles. No organization shall hold bingo games more frequently than two calendar days in any one calendar week unless a special permit is granted by the Board of Supervisors of Chesterfield County for more frequent games. No person shall manage, operate or conduct bingo games or raffles if, within the past five (5) years, he has been convicted on a felony or a crime involving moral turpitude, or has operated a bingo game or raffle in violation of state law or local ordinance. The Board of Supervisors may deny, suspend or revoke the permit of your organization for any non-compliance with the conditions of the Code of the County of Chesterfield or the Code of Virginia. TO CONTINUE OPERATIONS INTO THE SUCCEEDING YEAR, THIS PERMIT MUST BE RENEWED BY THE BOARD OF SUPERVISORS BEFORE THE END OF EACH CALENDAR YEAR. THE PERMIT IS VALID ONLY AT THE PLAYING LOCATION LISTED ON THE PERMIT APPLICATION. THIS PERMIT OR A COPY THEREOF MUST BE POSTED ON THE PP~MISES WHERE BINGO GAMES OR RAFFLES ARE CONDUCTED. THIS PERMIT IS NOT ASSIGNABLE. By: Attest: Chairman, Board of Supervisors County Administrator Revised 10/1/93 0905:2246.2 A ~B~uL~ The Ra~a Pork ~ ~n~r met eu~; no~, the~fore, s~d co~tlon, ~der ~ ~ eertl~ am follo~= FI~T~ ~t on the amerind., · aootln~ of the board of tn~tee, of remolu~on ~cloflnq ~t m~h ~tt Is a~ma~et That ~ho name of thio corporuttou bo ~ ~7~T~Z~ CIVIC ~A~ ~t ~ ~ti~ votJ~ ~er ts ,fl~d tn ~e t~t~, b~ ~ no fott~ per, T~IR~ Thet th~ proceedings of meld meetin~ mere duly entered on the minutes of t~e Beetind~. of' the tz~tee~o Therefore, this certiflcpte ia no- mit~ne~ by Joseph E. Ihr~lu, President of Rayon P~rk ~o~flity ~or~orfl~ion, eforeeeid, with ltl ~orporeto seal thereto affixed, atteotod Mia O. ~dnctall, itu 3ecretsry, thte 19th d~y of 8ecrm tar7 ~0 Joseph E. ~la~tin .......... "/~ Pre~le~ ~e~d~e~~by- - ~u/a O. RandalZ - ....... b ,%=~, .. Attest: VIRGINIA: '~Y ')/ / '" ~ - 19~ The fiJrc'gt)ing charter amt't~dmt..t and certificate of the S~te Coq~mti(m ~mmission ther~ w~ re~iv~, dui)' udmhlcd t- ~vc.rd. ,hdv ~prvad. :md ~ mJw certitk, d to the ~erk of lbo State Cuq~ratlon Commission. Internal Revenue Service Department of the Treasury District Baltimore District Director 31 Hopkins Plaza, Baltimore, Md. 21201 Mid-Cities Civic Association, Inc. 9010 Quinnford Boulevard Richmond, Virginia 23237 Person to Contact: EP/EO Tax Examiner Telephone Number: ~10.) 962-6058 Refer Reply to: Dear Sir/Madam: EP/EO: CSU Room 81~' Employer Identification Number 54-1256682 Date: ~EC ~ I 199~ This is in response t~ your inquiry dated verification of your tax-exempt status. December 1992 ,requesting Our'records show that your organization was granted exemption from Federal Income Tax under section 501(c)(4) of the Internal Revenue Code effective October 1959 You are required to file Form 990, Retfirn of Organization Exempt From Income Tax, only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not ~equired to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. A copy of our letter certifying the status of the organization is not available, however this letter may be used to verify your tax-exempt status. Because.this letter could help resolve any questions about your exempt status, it should be kept in your permanent records. Sincerely yours, District Director 'CONSTITUTION.AND BY-LAWS OF: MID-CITIES CIVIC ASSOCIATION, INC. Revised 2/10/87 ARTICLE I Name Thename of this non-profit organization shall be the MID- CITIES CIVIC ASSOCIATION, INC. ARTICLE II Object The object of the MID-CITIES CIVIC ASSOCIATION, INC. will be the encouragement and promotion of all civic better-ments in the community and adjacent areas. ARTICLE II Membership Bermuda District of Chesterfield County, Commonwealth of Virginia, within the following boundaries: On the north, Falling c~eek; on the south, Proctor Creek; on the east, James River; on the west, Atlantic Coast Line Railroad. ARTICLE IV Election of Members Section 1 - Membership in this organization shall be by invitation of the Membership Committee or by an active member. Anyone living out of the boundries may join by invitation. Section 2 - Future members will have ko attend one meeting for introduction before becoming a member. New members will receive their cards at the second meeting. Section 3 - Members will have to attend at least three meetings during the fiscal year (January 1 through December 31) to maintain their privilege to vote. Section 4 - Dismissal shall be by majority vote of the members. Before a dismissal becomes final, the member will be notified to appear at the next forthcoming meeting. If a family or member is expelled from the organization for non-payment of dues or for any reason, they must be voted upon by the Board of Directors and approved by the membership. They will be re- admitted by a majority vote, if the conditions set by the Board of Directors have been met. ARTICLE V officers and Directors Section t - The'officers of this organization shall be a President, a Vice-President, a Secretary, and a Treasurer. The President shall preside at all business meetings, and shall vote only in case of a tie vote. Section 2 - These offices shall be elected at the Annual Meeting for a term of one year, or until their successors are elected. Section 3 - There shall be not more than eight Directors. Four of these Directors shall be elected at each Annual Meeting for a term of two years or until their successors are elected. The Chairperson of the Board of Directors shall preside at these meetings. Section 4 - Nomination shall be made by a Nominating Committee appointed by the Board of Directors at least two months prior to the Annual Meeting. This Committee shall consist of three persons; a member of the Board of Directors, who shall be Chairperson, and any other two persons the Board deems advisable to serve on the Committee. The report of the Nominating Committee shall be made at the meeting preceding the Annual Meeting. Nominations may also be made from the floor at the Annual Meeting by the membership. Section 5 - Elections shall be performed by casting ballots by each member present in a ballot box. No election shall be considered legal which is performed by a voice vote, show of hands, etc., except when there are no nominations from the floor, then the Slate of Officers may be voted in. Section 6 - No member shall be nominated who has not given his/her consent to serve if elected. Section 7 - No member shall hold more than one office at the same time, except as a delegate. Section 8 - The term of office shall begin at the close of the Annual Meeting. ARTICLE VI Vacancies The Board of Directors shall fill all unexpired terms of Officers or Directors by appointment of the membership at large. In the event of a vacancy of the office of President, the Vice- President shall advance. -3- ARTICLE VII Duties of Officers The duties of the Officers will be as their Titles imply and as the By-Laws state: Section 1 - The President shall preside at all regular and called meetings. The President shall call Special Meetings only on the majority vote of the Board of Directors. He shall enforce the constitution and By-Laws impartially as well as all standing rules and legislation approved by the membership. The President shall appoint all standing committees and special committees as the need arises. Section 2 - In the absence of the President, the Vice- president shall serve as prsiding officer. Section 3 - The Secretary shall keep an accurate record of all meetings as well as the roll of the membership, carry on all correspondence and keept the files and records. The Secretary will act as presiding officer in the absence of the President and Vice-President. The Secretary will also act as presiding officer until relieved by the Board of Directors if the office of President, and Vice-President are all left vacant at the same time. Section 4 - The Treasurer shall collect all dues and moneys. The Treasurer shall prepare a receipt for any money or dues collected in the official receipt book. The Treasurer shall write a check only upon receipt of an invoice or such cases as the Board of Directors authorizes an expenditure without an invoice, a request for a receipted invoice will accompany the check. All invoices will be marked with the check number and the date the check was written for audit purposes. The Treasurer shall be prepared to give an oral report of finances, when called on, at a regular meeting. All checks are to be signed by both President and Treasurer. The Treasurer shall be bonded for an amount as determined by the Board of Directors. The person or organization who bonds the Treasurer must have the approval of the Board of Directors. The Treasurer's account must be audited when the Treasurer goes out of office. If the Treasurer is re-elected, the books msut be audited immedately after the Annual Meeting. The Treasurer shall act as presiding officer until relieved by the Board of Directors if the office of the President, Vice- President and Secretary are all left vacant at the same time. -4- ARTICLE VIII Committees As soon as possible after election, the President shall announce the Chairperson of the following standing committees: Program Committee, Membership Committe, Attendance Committee, and Ways and Means Committee. Section 1 - The Program Committee shall plan and supervise all programs. Section 2 - The Membership Committee shall seek new members. Section 3 - The Attendance C6mmittee shall see that members attend all meetings. Section 4 - The Ways and Means Committee shall formulate plans to raise money. Section 5 - The President shall be empowered to appoint any Committes that may become necessary from time to time. ARTICLE IX Dues and Assessments Section 1 - The Membership Dues of this organization per family will be set by the Board of Directors and approved by the Membership. Dues will become due When member joins. Section 2 - Member will be in good standing for 30 days after membership card has expired and only vote as a paid-up member. Section 3 - A family is to be construed as a husband and wife only. A family is to have two votes only. A single or widowed adult age 18 wishing to join may do so by paying one half the regular dues. Each would have one vote only. ARTICLE X Parlimentary Authority Where it does not conflict with the Constitution or By-Laws of this organization, the parlimentary authority shall be Roberts' Rules of Order-Revised. ARTICLE XI Quorum A Quorum to transact business shall be the Majority of those present. This will apply to the Board of Directors and regular membership meetings. The required number will be, one officer in charge according to rank and two Board of Directors or one office~ and two members, a total of three for either meeting. -5- ARTICLE XII Order of Business. Unless suspended or changed by a majority vote at any regular meeting, the order of business shall be: CALL TO ORDER; Minutes of Preceding Meeting or Meetings; Reports of Officers in Order of Rank; Reports of Standing and Special Committees; Unfinished Business; New Business; and Adjournment. ARTICLE XIII Amendments to the By-Laws This consitution may be amended at any regular meeting by a two-thirds vote of the members present, provided that notice has been given at the previous meeting of such proposed amendment or amendments. ARTICLE XIV Meetings Section 1 - Regular meetings are to be held the first Tuesday of each month at the Mid-Cities Civic Association. If any change contrary to the above, the members will be notified. Section 2 - The Annual Meeting is to be held January of each year at which time the yearly reports of all officers and committee chairpersons are to be presented to the Secretary in writing. ARTICLE XV Scholarship The William E. Smith Memorial Scholarship given by the Mid- Cities Civic Association will be as follows: Section 1 - A Scholarship of $750.00 will be awarded to a student who wants to further his/her education either at a four- year college or a two-year college; or a Scholarship of $150.00 will be awarded to a student who wants to further his/her education either at a business school or trade school. This Scholarship will not cover correspondence schools of any type. -6- Section 2 - Eligibility rules are as follows: The applicant will have to apply for the Scholarship in writing, stating their qualifications. If the applicant is from the membership, the parent, parents, or guardians will have to be a member in good standing in the Mid-Cities Civic Association for at least one year prior to June 1. There will have to be a genuine need for the scholarship as determined by the Scholarship Committee. There will have to be a certain grade ievel as determined by the Scholarship Committee. An alternate will be chosen to receive the Scholarship if the original recipient is unable for any reason to accept. So The Scholarship will be awarded upon proof that the recipient has been accepted at the school of their choice. The award of the Scholarship will be determined by the Scholarship Committee. Section 3 - If no one from the Membership applies by April 1 of that year, the Scholarship will be offered to one of three high schools in the area in rotation ever three years. These schools being designated as Thomas Dale High School, L. C. Bird High School, and Meadowbrook High School. Section 4 - If there is no eligible applicant, the Scholarship will not be awarded that year and will not accumulate or be added the following year. Section 5 - The Scholarship Committee will be three (3) members appointed by the President for a term of two (2) years. 1993 MI:.MBERSHIP LIST OF M~MBERS 'PHON~ DUES P:~ ~ ~ ~D~SS BET~' }748-6968 2,'15/93 ~ ~340 v~CADIA AVE BOB ~ ~ ~HESTE~ VA. 23831 BEN~'ETT HAZEL 271-8636 : , 1,'5;'931 i8719 CI{ESTER RD. BENLNETT VAUDA LEE '748-7441 ' 1808 LEE WARD DR. , ! i iCFIESTER, VA. 23831 DL'TT LEONA ~ ,-' 43-0898, __ 3/2/93~ ~9701 HOLIDAY LN. ~ ~ ~ICI-EViOND, VA. 23237 1,10,93~ FEN~'ER FOREST ~71-8693 I~ 5:9. , ;8715 CHESTER PdD. FEN~'N'ER PPu\,rELA . , , ILICI-DvIOND. VA. 23237 FIi~'E JOSIE 1458-6093 2/15/93i {3014 PICKETT ST. GAUrLDENG H.G..IR. !526-'3467 1/5/93 3RUBB DONNA 3RLq3B EMF, TT ~ I7ffGGENBOTTOM RUTH 232-2180 HUFFMAN RICHARD ~458-8028 HUFF1V[AN CLAUDIA ~ ~I-IOPEI,~,~I.I., VA. 23860 , iCOLONIAL HEIGtlTS, VA 23834 1,'1/93 [___.i5300 JARVIS RD. P,.ICI-B. IONq3. VA. 23224 I/5/931 ~-504 LAMBERT AVE. i______iI~I.C~HMONrD, VA. 23234 1/5/93! i,-204 LIq',ICHBURG ST. I ZIOPEWELL. VA. 23860 LANDERS WA'5 _'NE i ' LLrIY ALICE G. ~,748-2113 ~, 3/2/93! I/5/931 ¢204 L',qNCHBURG ST. ~4OPEWELL, VA. 23860 15300 CHESSWOOD DR. I [RICHMOND. VA. 23237 I ' LEE JASON WA'IXN~E 1458-8028 1993 MF~MBERSHIP LTgT McCAY DA¥1D [526-2950 3/2/93! 19508 JUI.F.P CIR. .VI¢CAY SHII~T.F.Y ~OLONIAL HF. IGHTS, VA. 23934 MEADE DENNIS 275-6269 4/17/92 1926 %VII'.T.T~ RD. ~E~DE ,.TE tq /b'/=-TT l=- RICHMoND~ VA. 23237 MILLER SARAH H. 275-0598 2/2/93 9113 QUINNFORD BLVD. RIC/tMOND~ VA. 23237 [~OCK AT RERT 271- 0722 1/20/931 9007 QUINNFORD BLVD. ROCK HEIDI RICHMOND, VA. 23237 SCHNEIDER AT,RERT 45g-g432 1/5/93 3506 PORTMOI. JTH ST. SCHNEIDER DOROTHY ItOPEWET.T.~ VA. 23960 WELLS FRANK 275-1256 1/5/93 4726 AR~I:;]'. AVE. WELLS JEAN RICI-IMOND, VA. 23237 grELLS SHERRY 275-1256 I/5/93 2732 GOOLSBY AVE. RICHMOND, VA. 23237 WINECOFF MARY 275-1667 1/18/93 ~-$31 I~.I.I.II-IAM AVE. WlNECOFF SCAI~r iF. TI' RICHMOND, VA. 23237 ZARYCZNY VESTA 2304361 2/15/93 4914 REDOAK LN. [ RICHMOND~ VA. 23234  CHESTERFIELD COUNTY Application for a Permit to Conduct Bingo Games or Raffles In support of this application, the applicant offers the following information under oath: 1. official name of organi~,ation:~)fl/~_~¢/~./E../-~'do.~-z.~ 0L~/~ff>-/C'7~-/O ~/e,~2~-~/ 2. Address of organi~ tion's headquarters (please. include street address, city and zip code): 3. Address where all records of receipts and disbursements are permanently fried: ~.5',~/n~ Names and address of owner of the property described in 3 above: ;~'/.ff~/-)/0-/~ 0' p~L Address(es) ~h~.~ ....... ~ ........ ~' be held or r~e~a~ conducted (please kclude street address, city and NOTE: THIS PERMIT IS VALID ONLY AT THE LOCATION DESCRIBED IN 5 ABOVE. Dates2)/¢°r days/..~_.~ [~°f week,.~and "f"f~time/E°a'c~[c)tti'-~when .blnvn ?me~.or ;~s will/~''~ ~'t~be held//,_..,at the above address(es): Date when orga-i?atioa was founded: ~ ..-c.~ c~ -- ~, ~o Has your organi?ation been in existence and met regularly in Chesterfield County or an adjacent county, city or town for two (2) years immediately prior to making this application? Yes ,~ No ~ Is your organi?afion ~bgrrently and has your organiTation always been operated in the past as a non-profit organi?afion? Yes dr~ . No If not, explain 10. 11. 14. Tax exempt status under the Internal Revenue Code (if applicable): State the specific type and purpose of your organization: C i c / ~. ~ Ft: /¢ I /-- ~ ~ 7 & . ,L c ,-J t, z l 4 ,r~d..~ ,4_ ~ ~ ,~ ~ c .s .~.-~ / / Type of permit applied for: Bingo Games ~ Raffles Application is for a new or renewal /~ permit· If renewing.a permit, were financial reports fried on time and in compliance with all applicable legal requirements? Yes ~( . No List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ 2nd qtr: $ 3rd qtr: $ 4th qtr: $ 15. Officers of Organi?ation: Vice President: 16. Name Address Bus. Phone Home Phone 722 -- :. Member a~uthorized within the organi?ation to be responsible for conduct and operatifln of'~or :afilSs; · Name: /~ l/E£q !~ Al /C]~O 9_. T.;p-fl_Address: /j~/~ · [ness Tele hone' -- Home Telephon~ ~_~5;~ c~.,~ c ~ Bus p .... 17. 18. Member authorized Within the organization., to be responsible for filing the financial report if the organi?ation / Do you, and each officer, director and member of the organization fully understand the following: t; ,~...,.:: . A. It is a violation of law to enter rote a contract w~th any person, firm, asso~og, organi?ation (other than another qualified organi?ation pursuant to §18.2-340.13 of the Code of %rgmm~>partners~p or corporation of any classification whatsoever, for the purpose of organizing, managing or ~nduCt[ng bingo gameg or raffles? Yes ,)~_ . No__ '-.;' -ore% - "~, .,.... Do The organization a,,, ' maintain and file with the County's Inte' '~1 Audit Department complete i.~,cords of receipts and dist~,~ments pertaining to4fi~vgames and rafk~., as required by State and Coun~ty Law; and that such records are subject to audit by the County's Internal Audit Department? Yes _~. No. - The organi?ation must remit an audit fee of 2% of gross receipts with the Annual Financial Report not later than December 1 unless gross receipts are less than $2,000? Yes ~. No . The organization must furnish a complete list of its membership upon the request of the County's Internal Audit Department or other designated representative of the Board of Supervisors? Yes _--/~ . No~ The organization shall be required to contribute an annual minimum of 5% of the gross receipts from all .bingo-gam~ or raffles for those lawful religious, charitable, community of educational purposes for which the organi?ation is specifically chartered or organb'ed, and no less than 8% of gross receipts averaged for three consecutive annual reporting periods. Yes )~ . No __ No person shall participate in the management, operation or conduct of any .bingo-gam~ or raffle if, within the preceding five years, he has been convicted of a felony or crime of moral turpitude. Yes /~X · No No person shall participate in the management, operation or conduct of any ~gee,'a-~- or raffle if that person, within the past five years, has participated in the management, operation, or conduct of any bingo game or raffle which was found by a local jurisdiction to have been operated in violation of state law or local ordinance. Yes X, No Any organi?ation found in violation of the provisions of Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, is subject to having such permit revoked by the local governing body? Yes X~ No ~ Any person violating the provisions of Article 1.1 of Chapter 8 of Title 8.2 of the Code of Virginia, shall be guilty of a Class 1 misdemeanor and any person violating the provisions of § 18.2-340.9 shall be guilty of a Class 6 felony? Yes /~ No ~ The organi?ation must provide ~yariJ~e~.notification to the County's Internal Audit Department of any change in elected officers or bifi'g~hfiirperson during the calendar year covered by this permit. Yes :' No The organi:,ation must comply with the provisions of the current Chesterfield County ging~-Rattle Administrative Manual. Yes ~x. No~ 19. Have you and each officer of your organi?ation read the attached permit and do you and each officer agree on behalf of the organi?ation to comply with each of the conditions therein? Yes .~.. No ~ I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and belief? WITNESS the following signatures and seals: Signature of Applicant: .0~-Nt~ Title: /~ .t_ 0_. ~ ~/L, . . ~o~ ~d_ State ~ores~ ~ /~ day of ~/~~ff , . M~'Comm~sion Expires: (~~~/,'"~r'[ 0 , a Notary Public in and for the 199~ . RESOLUTION BE IT RESOLVED THIS /t~ ~j~ day of 11,)0 ~ .~A~..f~7- , 199 ,,~ (date resolution passed), that .' '~~~)~ JV/~(/~Z~ ~ is hereby authorized to apply to the Chesterfield County Board of Supervisors f' ." /' "d or a bingo/raffle permit on behalf of this organization for the 199 '7 calendar year. .~ 4 Revised 10/1/93 er - -' -' 'gn~t[~e (O-c ' ) ;. ...... ":' Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page .J._of ~ 7.C.12. Subject: Street Name Changes County Administrator's Comments: CountyAdministrator: ~ BoardAction Requested: Due to the recent relocation of Hopkins Road over Kingsland Creek, the Board is requested to rename two sections of old Hopkins Road. Summary of Information: In conjunction with the relocation of Hopkins Road and the new bridge over Kingsland Creek, Hopkins Road had to be relocated to the West of existing Hopkins Road (see attachment). With the relocation, a total of eleven homeowners will no longer reside along Hopkins Road. Therefore, in order to continue to provide for the health, safety and welfare of Chesterfield County's citizens, as well as the ability of locating their homes by the traveling public, it is necessary to rename portions of old Hopkins Road. Due to the configuration of the connector roads, it is necessary to have two distinct names (see attachment). The Department of Environmental Engineering sent letters to the eleven affected homeowners by section requesting their input over a period of thirty days. All suggestions were verified through Richmond Regional Planning District Commission and the Department of Environmental Engineering. The citizens were also given the date of the Board of Supervisors meeting. (cont.) Preparer: 'R~hau~d c ~~/ · M;./~cEi~ ish Attachments: Yes ~ No Director Title: Environmental Engineering # 154 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page .2.. of Summary of Information: (Continued) SECTION ONE: Section one affects eight homeowners. The Environmental Engineering Department received a petition from seven of the eight homeowners requesting the use of "Old Hopkins Road". Staff would normally recommend that due to the continuous through movement that this section of old Hopkins Road be renamed to "Conifer Road". However, in doing so, we would have to switch'all base numbers, as we would then have both even and odd numbers on the same side of the road. In speaking with public safety personnel, "Old Hopkins Road" would be a unique identifier and would not pose any problems for emergency vehicles. Due to the fact the citizens would not have to make major changes in their house numbers and there are no problems from a safety standpoint, the Department of Environmental Engineering can support the use of "Old Hopkins Road". SECTION TWO: Section two has three homeowners of which we received a petition signed by two of the homeowners requesting the use of "Hopkins Court". The County also received a letter from Mr. Roy Elliott who lives in the third house requesting the road name be changed to Elliott Lane in recognition of the Elliott family and farm that was located in this area since 1918. The name "Elliott" is a proper name and a duplication in the Richmond region, and therefore cannot be used. All base numbers would remain the same. Only the street name will change. DISTRICT: Dale RECOMMENDATION: Staff recommends the following: Hopkins Road, from Conifer Road to the new Hopkins intersection (Section One) be renamed "Old Hopkins Road". Road Hopkins Road, South of Kingsland Creek (Section Two) be renamed "Hopkins Court". # 155 C~E£~ 156  ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: _ December 15, 1993 Item Number: Page 1 of 1 7.C.13. Subject: State Road Acceptance County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: CLOVER HILL: Finchley, Section F MATOACA: Carters Mill, Section 2 Winsor Park, Section 1 MIDLOTHIAN: Rosemont, Section A Rosemont, Section B Walton Lake, Section A Walton Lake, Section B ~lcnar~ ~. ~c~:±~lsn Attachments: Y~s ~-~No Title: Director Environmental Engineering 157 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Finchley, Section F December 8, 1993 Bondurant Drive Jodie Terrace CORR£CT~D FINCHL£Y PLAT OF SEC F 158 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Carters Mill, Section 2 December 8, 1993 Carters Way Road Carters Way Place CARTERS ~q ILL SEC 2 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Winsor Park, Section 1 December 8, 1993 Prince Phillip Lane Prince Phillip Place Prince Phillip Court Sylvan Ridge Road Princess Mary Road TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Rosemont, Section A December 8, 1993 Leafield Drive Royenwood Road RI::ISEI"'II::INT $IEC A TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Rosemont, Section B December 8, 1993 Leafield Drive Aylesford Drive Whitecastle Drive Broughton Road ROSEM[~INT SE[; B 162 I! !1 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Walton Lake, Section A December 8, 1993 Walton Lake Drive Johanna Bay Drive Johanna Bay Court Walton Creek Drive Half Moon Bay French Creek Trail Troon Bay Drive Waterlilly Court Lochmere Circle Triton Spring Drive WALTON LAKE SEC A II,, 163 TO: FROM: SUBJECT: MEETING DATE: Board of Supervisors Environmental Engineering State Road Acceptance - Walton Lake, Section B December 8, 1993 Walton Creek Drive Whisper Lake Court Clearwater Drive LAKE ,CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~...of ,~ Meeting Date: r~ .... ~.~ ~ ~ oo~ Item Number: 7.C.14. Subject: Inclusion of BMP/Easement Agreements within County Administrator's Blanket Acceptance Authority County Administrator's Comments: CountyAdministrator: ~ BoardAcfion Requested: Authorize County Administrator, or his designee, to accept BMP/Easement Agreements on behalf of the County. Summaryoflnformation: State law requires that the County formally accept all conveyances of property interests to the County, including easements, before a deed conveying the property interest to the County is recorded. Many years ago, the Board gave the County Administrator blanket authority to accept easements on behalf of the County, in order to streamline the acceptance process for the large number of easements that the County must accept for utilities and drainage facilities. Under the Chesapeake Bay Preservation Act, the County is now accepting a large number of easements for Best Management Practice CBMP") facilities. The Chesapeake Bay Act requires the developer to construct, install and maintain BMP facilities pursuant to an agreement with the County. The County takes an easement interest in the BMP facility so that the County can ensure that the facility is properly maintained if the developer fails to do so. To date, the County has not been required to perform any BMP maintenance work. Continued Preparer: ~.~/~, c~//~/ Title: Richard/aM. McElfish Attachments: Director of Environmental Engineering 0505:5439.1 Yes No 1 t3 t/ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~. of ~ Summal~ of Information: (Continued) Although the County Administrator currently accepts BMP easements on behalf of the County pursuant to the blanket acceptance authority, the County Administrator does not have blanket authority to enter into the separate maintenance agreements on behalf of the County, which obligate developers to maintain BMP facilities. Currently, the Board is required to approve a large number of BMP agreements as a routine part of its consent agenda. In order to streamline the BMP approval process, staff has developed a combined BMP Maintenance/Easement Agreement, so that both the maintenance responsibilities and easement are spelled out within the same document. Staff is recommending that the Board grant blanket authority to the County Administrator, or his designee, to accept these agreements on behalf of the County. A copy of the proposed standard form BMP maintenance/easement agreement is attached. 0505:5439.1 166 COUNTY OF CHESTERFIELD, VIRGINIA STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE (BMP)/EASEMENT AGREEMENT THIS AGREEMENT, dated this ~ day of , , by andbetween , a , Grantor (the "Owner") and the COUNTY OF CHESTERFIELD, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee, (the "County") recites and provides: WlTNESSETH: That, for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is acknowledged, the Owner grants and conveys to the County an easement (the "Easement") to install, construct, maintain, inspect, operate, alter, replace, and remove a public drainage ditch and/or culverts, retention pond, detention pond, and other appurtenant facilities (such ditches and/or culverts, detention pond, retention pond, and other facilities are hereinafter collectively referred to as the "System") for the purpose of depositing water within the boundary of the Easement across the property of Owner located in District, Chesterfield County, Virginia, together with all rights and privileges hereinafter enumerated pertaining to the Easement, all as more particularly described and indicated on a plat prepared by , dated , a copy of which is attached hereto to be recorded as a part of this Agreement (the "Property"). 050~:$440.1 1 ~ 167 The Easement is granted subject to the following terms and conditions: PROVISIONS t. The system shall be constructed, installed and maintained by the Owner and shall be and remain the property of the Owner. 2. At no time shall the Owner charge the County any sum for the use of the Easement or for the privilege of exercising the rights granted to the County under this Agreement. 3. The County and its agents and employees shall have the right of ingress to and egress from the Easement over the property of the Owner that is adjacent to the Easement and situated between public or private roads and the Easement, in such manner as shall occasion the least practicable damage and inconvenience to the Owner. The County shall repair any damage to roads and other improvements that result from the County exercising its right of ingress and egress, provided that the Owner gives written notice thereof to the County within sixty (60) days after such damage occurs. 4. The County and its agents and employees shall have the right to relocate the System within the Easement and to make additions, extensions, alterations, and substitutions therein, including the right to install additional lines in the Easement as the County may from time to time deem advisable or expedient. 5. The County and its agents and employees shall have such rights and privileges as may be reasonably necessary for the full enjoyment or use of the Easement and for any of the purposes of the Easement herein granted. 6. The County and its agents and employees shall have the right to alter or 0~05:$440.1 - 2 - 168 remove any structures or obstructions, natural or artificial, that are located in the Easement and that in any way interfere with the proper and efficient construction, operation, or maintenance of the System. 7. The Owner reserves the right to make use of the Easement in a manner which is not inconsistent with the rights herein conveyed and which does not interfere with the use of the Easement by the County for the purposes set forth in this Agreement. However, the Owner shall not erect any building or other structure in the Easement without obtaining the prior written approval of the County. 8. The Owner agrees that it shall at all times maintain the System in a manner which will permit the System to perform the purposes for which it was designed and constructed, tn accordance with the standards by which the System was designed ttnd constructed, all as shown and described on the plan entitled , prepared by , and dated , including any subsequent revisions, as approved by and filed with the County (the '~pproved Plans"). Specifically, the Owner agrees that it shall: a. Co remove silt and other debris from the System so as to maintain the elevation of the bottom of the System as shown on the plan; plant grass or maintain a vegetative cover on the slopes surrounding the System; and maintain in good order and repair the principal and emergency spillways which serve as the overflow devices for the System. The Owner agrees that, upon completion of the System, it shall retain, at 0505:$440.1 -3- 169 its expense, a professional engineer, registered in Virginia and approved by the County, to certify in writing to the County. within thirty (30) days after final completion of the construction and installation of the System, that the System is constructed in accordance with and meets the Approved Plans. 10. The Owner shall cause inspections of the follows: System to be conducted as The Owner agrees to cause inspections of the System to be conducted by a professional engineer, registered in Virginia and approved by the County. The engineer shall be retained by the Owner at the Owner's expense. Inspections shall take place during the last sixty (60) days of the first year of the operation of the System and at least once every three (3) years thereafter. An inspection report shall be submitted in writing to the County within thirty (30) days after each inspection and shall include the following: i. the date of inspection; ii. the name of the inspector; iii. the condition of vegetation, fences, spillways (principal and emergency), embankments, reservoir area, inlet and outlet channels, underground drainage structures, sediment load, gates and valves, and any other item that could affect the proper functioning of the System; and iv. the description of all maintenance that the Engineer deems 0505:5440.1 -4- 170 necessary in order to ensure that the System continues to function in accordance with its design and the Approved Plans. c. The Owner agrees to perform promptly all needed maintenance reported by the inspector. 11. In the event of any default or failure by the Owner in the performance of any of its obligations under this Agreement to maintain the System, which continues for a period of thirty (30) days after notice in writing thereof is given to the Owner by the County, the County shall have the right, at its option, to enter upon the Easement area and, for the account of the Owner, maintain and repair the System in whatever fashion and to whatever extent the County deems necessary to ensure that the System Continues to function in accordance with its design and the Approved Plans. All costs that are incurred by the County pursuant to this paragraph shall constitute a lien upon the Property. Nothing herein shall obligate the County to maintain the System. 12. The Owner hereby agrees that it shall save, hold harmless, and indemnify the County from and against all liability, losses, claims, demands, costs, and expenses arising from or out of any default or failure by the Owner to maintain the System in accordance with the terms and conditions set forth herein or arising from or out of the construction, operation, repair, or maintenance of the System. 13. The parties hereto expressly do not intend by execution of this Agreement to create in the public or any member thereof any rights as a third-party beneficiary or authorize anyone but a party to this Agreement to maintain a suit for any damages pursuant to the terms and provisions of this Agreement. 050.f:$440.1 - 5 - 17i 14. The foregoing terms and conditions shall constitute covenants which run with the land and shall inure to the benefit of and shall be binding upon the parties respective successors and assigns, and all subsequent owners of the hereto, their Property. 15. This Agreement contains all of the agreements between the parties relating to the Easement and the System and no representations or statements, oral or written, have been made which modify, add to, or change the terms of the Agreement. WITNESS the following signatures: Approved as to Form By: Sr. Assistant County Attorney EXEMPT FROM TAXATION PER VIRGINIA CODE §58.1-811 A(3) I, LANE B. RAMSEY, County Administrator, authorized Agent of the Board of Supervisors of Chesterfield County, Virginia, do hereby accept this conveyance on behalf of the Board of Supervisors pursuant to authority vested in me by Resolution of the Board of Supervisors duly adopted. County Administrator o~o~..5,,o.1 - 6 - 172  CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15, 1993 Item Number: Page 7.C.15. Subject: Approval of a Change Order to Forterra, Inc. for the Utilities Building Construction Contract Count}' Administrator's Comments: CountyAdministrator: BoardAction Requested: Approval of a Change Order to Forterra, Inc. in an amount not to exceed $33,613 for work at the new Utilities Building. Summaryoflnformation: This change order involves two requested revisions: A. Staff requested revisions to Engineering and Planning (space 249). Revisions included HVAC, electrical and partition changes: $16,647 B. Staff requested additional telephone and data throughout the building. Additional outlets not to exceed: $16,966 outlets Both of the referenced revisions have been reviewed and are considered reasonable for work requested at this late stage in the projects' construction. Funds for these revisions are available in the project contingency. Prep le: Director, General Services ~Yes 172 Attachments: No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Item Number: 7. C. 16. SubjL:~'t: Amendment to Minutes of September 8, 1993 County Administrator's Comments: County Administrator: ,-7~/~ Board Action Requested: Staff recommends that the Board of Supervisors adopt a resolution to amend the September 8, 1993, Board minutes and remove any and all references to Burleigh W. Reibsamen and Karen M. Reibsamen as owners and/or Grantees, and substitute Suntrace, Inc., A Virginia Corporation in their place. Summa~ of Information: At the September 8, 1993, Board of Supervisors meeting, the Board of Supervisors adopted an ordinance to vacate a portion of a drainage easement within Cedar Run Subdivision. Lot 22, which was mentioned in the ordinance was sold to Suntrace, Inc., A Virginia Corporation before the ordinance could be recorded. This change is necessary to reflect the current owner. Attachments: Yes ~_~No Title: Riqht of Way Manaqer "~ ,' VICINITY SKETCH AMENDMENT TO ! ORDINANCE TO VACATE A PORTION OF A 16' DRAINAGE EASEMENT WITHIN CEDAR RUN SUBDI~ISION - B. W. REIBSAlVlEN ~s WARFIELD TROLLINGWIDOD ESTATES "~A,'RK )E PARK F~SOUTH CH ESTER ,4 shton ~ VALLEY ESTAT[ ;urtJs ES I GROVE #ARK PLACE H UNOF?E:E~D it.( Park GAY FARMS DOOD~ · MOBILq '[ o./~ o./~oo PAR~ MISTWOOD · FOREST DDOCK BRYAN RIDGE 8ERMU[I J, 562; J98. - :, : _._- ............ EX. 16' SAN. SEWER I EASEMENT -"~,...~._..~] L,~.......81' j %/ ! -'"' I ~-~', EX. ]0' TEMP. ~ .' p- / I i I CONSTRUC~ON I I EA SEMEN T I j I [ I I I I I I I I I I I I I I ! I I I I I I I I I I.,.;I 16' DRAINAGE EA SEMEN T EX. I6' DRAINAGE EASEMENT ',4,, .--,.="r~_.'l::~ 2, 2, SUN TRA CE, INC. D.B- 2375' P. "1333 P.B. 68, P. 42 EX. 10' TEMP. EASEMENT I I I I I 1 I PRE~OUS JOB NO. -% PLA T SHO ~[IN¢ A 16' DRAINAGE EASEMENT ACROSS LOT~ 22, CEDAR RUN BEB~7]DA DISTRICT * CHESTERFIELD COUNTY VIRG£NIA ./ ii. K. TII~IMONS & ASSOCIATES, P.C. 711 N. COUR ~OUSE RD. ~ICHMOND~ VA 880~ STAPLES MILL RD. HENRIOO CO., VA ~11 CROSSINGS BL ~D. PRINCE GEORGE, VA. DATE: JULY, 6, I99,.,t SOALE: I'=, .30' DRAWN B~ S.L.B. CHECKED BY~ CAL¢. CHK.: JOB NO..'~¢ ¢]~/~ 176 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 1993 Item Number: 7.C.17.a. Su~ect: Request Permission for Portions of Three Foot Bridges to Encroach within Two Existing Easements County Administrator's Comments: County Administrator: Board Action Reques~d: Staff recommends that the Board of Supervisors grant Douglas R. Sowers permission to have portions of two foot bridges encroach on a drainage easement across lot 6, St. James Woods, Section B; and, a portion of a foot bridge encroach on an existing 20' sewer and drainage easement across property south of future Wilson Wood Court; subject to the execution of two license agreements. Summary of Information: Mr. Douglas R. Sowers has requested permission to have portions of three foot bridges encroach within an existing drainage easement and an existing sewer and drainage easement. This request has been reviewed by staff and approval is recommended. Preparer:~__~~ ~. (~/o-~ John W. Harmon Attacbm%ents: Yes ~___~No Title: Riqht of Way Manaqer 177 VICINITY SKETCH REQUES~ PERMISSION FOR PORTIONS OF THREE FOOT BRIDGES TO ENCROACH WITHIN TWO EXISTING EASEMENTS 2 MANSFIELD 3 /VIANSFIELO CROSSIN~ CT BRIARCLJl ERID( CE,Y: N RUNNY 3RAND, N 178 / / / I / I ,? ~® / 18U. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: December 15, 1993 Item Number: 7. c. 17o b. Subject: Request for Permission to Install a Water Service across County Property along Belmont Road County Administrator's Comment~: County Administrator: Board A~ion Requested: Staff recommends approval subject to applicant executing the attached agreement. Summary of Information: Mr. Richard M. and Mrs. Alice E. Miller have requested that they be allowed to extend private two inch water service to their existing house at 8425 Belmont Road because their well is not adequate. John W.- harmon Title:Right of Way Manager Attachments: Yes No VICINITY SKETCH REQUEST FOR PERMISSION TO INSTALL A WATER SERVICE ACROSS COUNTY PROPERTY ALONG BELMONT ROAD - MR AND MRS MILLER ~ ' % FAIRPI acobs Road LAND'O'I ~Brown ASHLEY ROBINWOOD lNG 182 183 Map Section : 64-9 Easement No.: 93-0354 AGREEMENT THIS AGREEMENT, made and entered into this day of , 1993, by and between RICHARD M. MILLER and ALICE E. MILLER, (husband and wife), ("GRANTORS") and the COUNTY OF CHESTERFIELD, a political subdivision of the Commonwealth of Virginia, ("GRANTEE"). WHEREAS, GRANTOR owns approximately 1.00 acre of land with the residence thereon, which abuts Belmont Road in the DALE Magisterial District of the County of Chesterfield, said parcel being briefly described as tax map parcel number 64-12-01-00-000-009 and being the same property conveyed to GRANTORS by deed recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia on AUGUST 31, 1971, in Deed Book 1022, Page 684 ("GRANTOR'S property"); and WHEREAS, the residence located on GRANTOR'S property receives water from a private well located on GRANTOR'S property, which private well is inadequate to serve GRANTOR'S needs; and WHEREAS, GRANTOR wishes to obtain public water service to serve the residence on GRANTOR'S property; and WHEREAS, GRANTEE has agreed to provide public water service to GRANTOR'S property under the terms and conditions set forth in this Agreement, and GRANTOR has agreed to accept the terms and conditions set forth in this Agreement as the conditions under which public water will be made available by GRANTEE to GRANTOR'S property. ~SC\93-0354.~\~ 184 NOW, THEREFORE, GRANTOR and the GRANTEE agree as follows: 1. GRANTEE shall provide water service to GRANTOR'S property after GRANTOR has: Obtained and recorded, at GRANTOR'S expense, a perpetual easement from the owner of property located at 8321 Belmont Road, tax map parcel number 64-12-01-00-000-006, to allow a water service lateral to serve for GRANTOR'S property to be situated on the property located at 8321 Belmont Road at a location designed by GRANTEE that is adjacent to Belmont Road. Said easement shall be in a form acceptable to GRANTEE and shall include an easement in favor of GRANTOR for the purpose of constructing and maintaining the water service lateral and an easement on GRANTOR'S property in favor of the GRANTEE for the purpose of installing, maintaining, replacing and reading the water meter; Constructed, at GRANTOR'S expense, a water service lateral from 8201 Belmont Road to the location where the water meter will be set in location approved by the GRANTEE. Obtained and recorded, at GRANTOR'S expense, any other interest in land necessary to lawfully construct the water service lateral; Paid to GRANTEE the water connection fee established by ordinance of the County of Chesterfield that is in effect at the time said water connection fee is paid; and ee Caused this original, executed Agreement to be recorded, at GRANTOR'S expense, in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. 2. The water service lateral shall be the property of GRANTOR and not the property of GRANTEE, and said water service lateral shall not be a part of the GRANTEE'S public water system. GRANTOR shall be responsible for all construction, maintenance, replacement and reconstruction of said water service lateral. 185 3. When GRANTOR has complied with all requirements of paragraph one of this Agreement, GRANTEE shall install a water meter on the property located at 8425 Belmont Road at a location chosen by GRANTEE and adjacent to Belmont Road. 4. GRANTOR shall pay all charges due for public water service pursuant to GRANTEE'S ordinances and shall in all respects comply with and be subject to the provisions of Chapter 20 of the Code of the County of Chesterfield, 1978, as amended, or any ordinance adopted by the Chesterfield County Board of Supervisors as a successor thereto. 5. If public water lines are extended along Belmont Road, or in any other location adjacent to GRANTOR'S property, the water meter and water service lateral constructed by GRANTOR pursuant to this Agreement shall be removed by GRANTOR, at GRANTOR'S expense, and a water meter and water service lateral shall be placed on GRANTOR'S property, at GRANTOR'S expense. 6. GRANTOR hereby agrees to save, hold harmless and indemnify GRANTEE from and against all liability, loses, claims, demands, costs and expenses arising from or out of the construction, maintenance, removal, relocation or reconstruction of the water service lateral constructed pursuant to this Agreement. 7. Any violation of the terms of this Agreement by GRANTOR shall automatically terminate GRANTEE'S obligation to provide water service to GRANTOR'S property. 186 8. The terms of this Agreement shall constitute covenants which run with the land and shall inure to the benefit of and shall be binding upon GRANTOR, GRANTOR'S heirs, successors and assigns, and all subsequent owners of GRANTOR'S property. This Agreement shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. 9. This Agreement contains all agreements between GRANTOR and GRANTEE, and no representations or statements, verbal or written, have been made which modify, add to or change the terms of this Agreement. WITNESS the following signatures and seals. RICHARD M. MILLER (Seal) ALICE E. MILLER (Seal) COUNTY OF CHESTERFIELD BY: (Seal) COUNTY ADMINISTRATOR APPROVED AS TO FORM: ASSISTANT COUNTY ATTORNEY 187 State of City/County of · to-wit: I, , a Notary Public in and for the City/County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid RICHARD M. MILLER and ALICE E. MILLER· (husband and wife), whose names are signed to the foregoing writing dated this day of and acknowledged the same before me. Given under my hand 19 My commission expires: NOTARY PUBLIC State of City/County of , to-wit: I, , a Notary Public in and for the City/County and State aforesaid, do hereby certify that this day personally appeared before me in my jurisdiction aforesaid LANE B. RAMSEY, COUNTY ADMINISTRATOR for the COUNTY OF CHESTERFIELD, VIRGINIA, whose name is signed to the foregoing writing dated this day of and acknowledged the same before me. Given under my hand 19 My commission expires: NOTARY PUBLIC 188 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page x of x Meeting Date: December 15, 1993 Item Number: 7.C.18. Subject: Change Order Number 1 Odor Control Facility. Trunk Sewer, Decrease in Contract Price James River County Administrator's Comments: County Administrator: Board A~ion Requested: Approval of Change Order Number 1 in the amount of $24,103.00. Gulf Seaboard General Contractors, Inc. to decrease contract price for deletion of access road construction to Odor Control Facility. Summary of Information: Deduct from contract the cost to construct an access road from Robious Road to the facility. Proposed facility and road was bid prior to school contract being released. School road construction eliminated the need for a temporary access to be built under this contract. ?/? Preparer: ..j..~ ~:dward Beck, 3r. ' ' / Title~.Ssistant Director of Utilities Yes No atta=~en~:s: 18 9 %,, / '150-. / /, "" TU SAS %. ---- 1-'I " /30 IS/LAND CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: Deceraber 15, 1993 Item Number: 7.C. 19. Subject: Award of Water Contract Number 900395 for the construction of the Jahnke Road Transmission Main County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends awarding the contract to G. L. Howard in the amount of $1,481,271.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: The Jahnke Road Transmission Main project is a capital improvement project which will transport water from the City of Richmond to Chesterfield County. The bid opening was held on November 30, 1993. A total of five (5) contractors submitted bids ranging from $1,481,271.00 to $2,314,862.00. Funds for this construction are appropriated in the current Capital Improvement Program. // J. E. B~k, Jr. Attach_merits: Yes No Title: Assistant Director of Utilities 191 CHESTERF]IELD COUNq'%r JAHNKE ROD UT]IL]IT"If WATER DEPARTMENT LIINE ~ RICHMOND JAHNKE ROAD WATER LINE CHESTERFIELD COUNTY BOULDERS 0 CLOVERLEAF MN.L 2 19; 1"= 2500' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page _1 of _1 Meeting Date: December 15, 1993 Item Number: 7.c. 2o. Subject: Approval of Wastewater Contract for St. James Woods/Westbury Offsite Trunk Sewer, Contract Number 93-0068 County_ Administrator's Comments: County Administrator: ~ Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary_ of Information: This project includes the extension of 1,855 L.F.± of oversized (10" thru 18") wastewater lines and the developer is required to have an 8" wastewater line to serve his development, therefore, staff has requested the wastewater lines be oversized to provide service to the adjoining properties. Also, this project consists of 1,018 L.F.± of offsite wastewater lines. In accordance with the ordinance, the developer is entitled to refunds for the cost of the oversized and offsite wastewater lines. Developer: Contractor: Contract Amount: Estimated Total Total Estimated County Cost: Wastewater - Oversizing Wastewater - Offsite (Refund thru connections) Estimated Developer Cost: Code: (Oversizing) (Offsitg~-)'~ District: Dal~ / / J// E. Beck, (J~. / Douglas R. and Susan S. Sowers Coastline Contractors, Inc. Title: Attachments: Yes No $98,626.70 $11,208.05 $15,948.69 $71,469.96 5N-572VO-E4C 5N-572VO-E4D Assist. Dir. of Utilities CONTRACT NUMBER 93-0068 1 ST, JAMES WOODS/WESTBURY OFFSITE TRUNK SEWER 194 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~ of ~ Meeting Date: Decenxber 15, 1993 Item Number: 7. C. 21. a. Subject: Approval of Utilities Contract for Bayhill Pointe, Section 1, Contract Number 91-0079 County_ Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary_ of Information: This project consists of 600 L.F.± of 16" offsite water lines. In accordance with the ordinance, the developer is entitled to refunds for a portion of the construction cost of the offsite water lines. Developer: Contraator: Charles E. Bailey and Glenn M. Hill J. Steven Chafin, Inc. Contract Amount: Estimated Total Total Estimated County Cost: Water - Offsite (Refund thru connections) $25,225.15 $ 7,497.50 Estimated Developer Cost: $17,727.65 Code: (Of f site) Distrlct :_Matoaca Preparer: b.A~. Beak, J~. Title: 5B-572VO-E4D Assist. Dir. of Utilities Attachments: Yes No 195 CONTRACT NUMBER 91-0079 L,,L~A Y/,'/L L ?o/N , 196 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of i Meeting Date: December 15, 1993 Item Number: 7. C ~ 21. b. Subject: Approval of Utilities Contract for St. Michael's Episcopal Church, Contract Number 90-0316 County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary. of Information: This project consists of 260 L.F.± of 8" offsite wastewater lines and 258 L.F.± of 6" sewer laterals (additional work) to provide service to the adjoining property and existing homes as requested by staff. In accordance with the ordinance, the developer is eligible to receive a cash refund for the cost of installing the additional work and entitled to refunds thru connection fees for a portion of the cost of the offsite wastewater lines. Developer: Contractor: Contract Amount: Estimated Total Total Estimated County Cost: Wastewater - (Additional - Refund thru connections) Wastewater - (Offsite - Cash Refund) Estimated Developer Cost: St. Michael's Episcopal Church Snipes Construction Company, Inc. $85,293.00 $ 5,981.00 $ 2,930.40 $76,381.60 Code: (Additional Work) (Offsite Wor~) District: ~lothian QJ/E. Beck, Title: 5N-572VO-E4C 5N-572VO-E4D Assist. Dir. of Utilities Attachments: Yes No 197 CONTRACT NUMBER 90-0316 ST, MICHAEL'S EPISCOPAL CHURCH CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ! of _1 Meeting Date: December 15, 1993 Item Number: 7. C. 21. c. Subject: Approval of Utilities Contract for Swift Creek Baptist Church, Contract Number 90-0497 County_ Administrator's Comments: County Administrator: Board Action Requested: Staff recommends that the Board of Supervisors approve this contract and authorize the County Administrator to execute any necessary documents. Summary of Information: This project consists of 204 L.F.± of 8" offsite wastewater lines and 16 L.F. of 6" sewer lateral to provide service to the adjoining property and an existing home as requested by staff. In accordance with the ordinance, the developer is entitled to refunds for the cost of the additional and offsite wastewater lines. Developer: Contractor: Contract Amount: Estimated Total - Total Estimated County Cost: Wastewater - Additional Work - Wastewater - Offsite Work - (Refund thru connections) Estimated Developer Cost: - Swift Creek Baptist Church Neal Barnes Construction Company $36,903.41 $ 144.00 $ 2,646.36 $34,113.05 Code: (Additional and Offsite) District: Clove~l 1 Preparer: Title: 5N-B72VO-E4D Assist. Dir. of Utilities Attachments: Yes No CONTRACT NUMBER 90-0497 DEER :ROWI SWIFT CREEK BAPTIST CHURCH 20u ~~ CHESTERFIELD COUNTY ~ BOARD OF SUPERVISORS Page i of 1 AGENDA Meeting Date: December 15, 1993 Item Number: 8. Subject: HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Count~' Administrator's Comments,: CountyAdministrator: ~~,~ BoardAction Requested: Summary of Information: Mr. Thomas G. Cauble, President of Tomac Corporation, has requested to address the Board regarding issues relating to real estate assessment. See attached. Preparer: ~~?~.~)]~L Title: Clerk to the Board of Supervisors Theresa M. °Pit~s 20i Attachments: 1 Yes ~ No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ! of ~ Meeting Date: December 15, 1993 Item Number: 9.A. Report On: Developer Water and Sewer Contracts Backeround: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between the County and the Developer in which no County funds are involved. The report is submitted to the Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 93-0011 Reedy Mill, Section C SFR Douglas R. & Susan S. Sowers Coastal Utilities, Inc. Water - $37,226.41 Matoaca LA/ssis rant Director of Utilities Prepared By: County Administrator: Attachments: Yes No # Agenda Item December 15/ 1993 Page 2 o o 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: 93-0106 Nottington at Longmeadow Longmeadow Farms Associates Piedmont Construction Company, Inc. Water - $5,990.00 Sewer - $9,730.25 Matoaca 93-0134 Branchway Office Park, Phase II Robert V. Katherman and Donald J. Balzer Coastline Contractors, Inc. Water - $17,355.90 Sewer - $18,355.50 Clover Hill 93-0155 Clover Hill Family Center, Phase II - Hull Street Road KLH - Oxbridge, Inc. Superior Excavating & Construction, Inc. Water - Sewer - $ 6,681.00 $16,936.00 Matoaca 93-0166 Hooter's Restaurant - 1211 Huguenot Road JEC of Chesterfield, L.C. W. E. Duke and Sons, Inc. Water - $ 6,480.00 Sewer - $ 1,718.00 Midlothian Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS REPORTS December 15, 1993 Item Number: Page _l_ of 1 Report On: Status of General Fund Balance, Reserve for Future Capital Projects, District Road and Street Light Funds, and Lease Purchases County Administrator: Attachments: Yes ~'] No 2O5 CHESTERFIELD COUNTY GENERAL FUND BALANCE December 6, 1993 Board Meeting Date 07/01/93 07/01/93 07/01/93 07/28/93 09/22/93 11/23/93 Description Amount FY94 Beginning Fund Balance Reclassification of trustee reimbursement from June (FY93) to July (FY94) 125,153 Repayment of Advance for Shrink Swell Soil Funds to cover loss of revenue and pay for expenses related to fall ball program Creation of six fire- fighter positions to assist volunteer staffing. 125,000 ( 15,000) ( 195,000) Appropriate and transfer (2,800,000) excess fund balance (above 7.5% of FY94 expenditures) to the Reserve for Future Capital Projects Balance $23,175,786 23,300,939 23,425,939 23,410,939 23,215,939 20,415,939 gfbal 2O6 CHESTERFIRI.D COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONArJ.Y FUNDED BY DEBT December 6, 1993 Board Meeting Date Description Amount $2,119,900 1,881,500 FY89 Excess revenue FY90 Budgeted addition Designation from June 30, 1989 Fund Balance 1,500,000 ( 630,000) 11/22/89 Purchase of land-Cogbill Road 12/13/89 06/30/90 Purchase building at 6701 West Krause Road Budgeted addition of excess revenue Balance $2,119,900 4,001,400 5,501,400 4,871,400 06/13/90 Purchase medical building for future library site 06/27/90 Funds to purchase land for park on Lake Chesdin 06/27/90 Budgeted but not appropriated funds to purchase land for school and park sites FOR FISCAL YEAR '91 BEGINNING JULY 1, 1990 ( 400,000) 4,471,400 2,100,000 ( 735,000) 12/12/90 Fill dirt for cover repair at Fort Darling Landfill 06/30/91 Budgeted addition from FY91 revenues 03/13/91 Designated but not appropriated funds to cover construction contract for MH/MR/SA building if bonds are not sold in fall, 1991 FOR FISCAL YEAR '92 BEGINNING JULY 1, 1991 6,571,400 5,836,400 ( 600,000) 5,236,400 07/01/91 rfcip Regional Jail Authority as approved in the FY92 Adopted Budget (which will be reim- bursed) (2,000,000) 3,236,400 ( 180,000) 3,056,400 4,000,000 (1,806,800) (1,000,000) 7,056,400 5,249,600 207 4,249,600 08/28/91 Provide funding for improve- ments at Northern Area Landfill to allow reallocation of General Fund dollars to recycling programs 08/28/91 Additional funding for Bon Air Library expansion 08/28/91 Add back MH/MR building funds which were previously deducted for construction 11/27/91 Appropriated funds for T.V. arraignment equipment but holding in reserve account until prices and all costs are confirmed 03/27/92 Add back funds previously deducted to purchase land for school and park sites 03/27/92 Funds designated for interest costs in FY94 due to acceler- ated 1988 School bond issue 04/08/92 Designated but not appropriated funds for Centre Pointe Fire Station construction in FY95 FOR FISCAL YEAR '93 BEGINNING JULY 1, 1992 04/08/92 04/08/92 04/08/92 04/08/92 05/13/92 07/22/92 07/22/92 FY93 budgeted addition FY93 Capital Projects (revenue sharing roads $500,000; indus- trial access $300,000; drainage $200,000) Funds to convert Meadowdale Boulevard building into Hopkins Road Library Funds to construct lights along portions of Jefferson Davis Hwy Funding for emergency access for Millside subdivision contingent upon necessary right-of-way acquisition Funding for design phase of Jail Annex Funds to purchase Castlewood rfcip ( 315,000) ( 275,500) 1,806,800 3,934,600 3,659,100 5,465,900 ( 115,000) 5,350,900 2,000,000 (1,400,000) (2,314,800) 2,600,000 (1,000,000) (1,386,500) ( 500,000) 7,350,900 5,950,900 3,636,100 6,236,100 5,236,100 3,849,600 3,349,600 ( 80,000) 3,269,600 ( 500,000) ( 315,000) 2 , 769,600 2 , 454 , 600 08/31/92 Budget Change Request to fund wetland study of property on Cogbill Road ( 14,000) 2,440,600 09/09/92 Supplement to finish improvements to intersection of River and Walkes Quarter roads ( 13,400) 2,427,200 ( 140,000) 2,287,200 ( 20,000) 2,267,200 09/09/92 Funds for Charter Colony Parkway 09/09/92 Sidewalk at Enon Library 11/12/92 Designated and appropriated, if needed, funds to cover shortfall in construction of Public Safety Academic/Training Building ( 326,000) 1,941,200 11/24/92 Increase from FY92 Results of Operations 661,550 12/09/92 Unappropriated funding for TV arraignment 115,000 12/09/92 Appropriated $1,941,200 balance plus $661,550 addition from FY92 ending fund balance and use of funds pre- viously appropriated for TV arraign- ment $115,000 for Jail Annex (2,717,750) 12/09/92 Unappropriated funds from 11/12/92 appropriation for construction of Public Safety Academic/Training Building 139,980 12/09/92 Appropriated to cover shortfall in construction Jail Annex 139,980) 06/30/93 Enon Library Sidewalk - project complete 13,401 06/30/93 Funds which were not needed for the public safety academic building. Interest on the bonds were sufficient to cover this appro- priation. 186,020 FOR FISCAL YEAR '94 BEGINNING JULY 1, 1993 05/12/93 Appropriated FY94 funds for Cedar Springs Rural Road addition (FY94 Secondary Road Improvement) ( 35,000) 07/01/93 FY94 Budgeted Addition 3,500,000 07/01/93 FY94 Capital Projects ( 2,793,000) rfcip 2,602,750 2,717,750 0 139,980 13,401 199,421 164,421 3,664,421 871,421 209 07/28/93 08/25/93 09/08/93 10/13/93 11/23/93 11/23/93 Appropriated funds to cover entire cost of Keithwood/Hylton Park Drainage project. Supplemental revenue sharing match for FY93 to fund Ledo Road Supplemental appropriation for Charter Colony Parkway Transfer for Northern Area Landfill Transfer from fund balance as per Section 18 of the FY94 Appropriations Resolution Transfer for Phase I development of the Warbro Road Athletic Complex ( 80,700) ( 200,000) ( 91,000) ( 370,000) 2,800,000 ( 660,000) 790,721 590,721 499,721 129,721 2,929,721 2,269,721 rfcip 210 Chesteffie!d County Managemen,, Ser~'Jces Prepared by Accounting November 30, 1993 Date Beqan 10/87 12/88 03/89 12/89 10/92 10/92 10/92 09/93 SCHEDULE OF CAPITALIZED LEASE PURCHASES Description APPROVED AND EXECUTED Jail Addition Data Processing Human Services Courts Building Total Airport State Police Hangar Additions County Warehouse Total Geographic Information System ("GIS") - Automated Mapping System Data Processing Equipment School Copier School Copier School Copier School Copier TOTAL APPROVED AND EXECUTED Original Date Amount Ends 245,385 1,839,219 4,489,377 16,796,019 23,370,000 128,800 331,200 460,000 3,095,000 2,015,570 22,797 23,322 18,750 36,605 12/01 12/00 1/98 1/95 9/97 10/97 10/97 8/98 Outstanding Balance 11/30/93 170,835 1,280,449 3,125,467 11,693,249 16,270,000 93,227 239,725 332,952 2,205,000 296,967 18,642 19,388 15,612 36,605 $19t195,166 PENDING APPROVAL AND/OR EXECUTION None 212 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS REPORTS December 15, 1993 Item Number: Page 1 . of ~__~_ 9oCo Report On: On October 27,1993, the Board formed a committee to study issues concerning the Christmas Mother program and provide a recommendation on December 15, 1993. The committee met on November 3 and December 1, 1993. The main topic of consideration being the location, type and size of building needed to continue the Christmas Mother Program, as well as alternate uses for such a facility. Of primary importance to the Christmas Mother was the location of the building, as it must be convenient and accessible to both clients and volunteer staff. After considerable discussion, it was the unanimous decision of the committee that (1) the site should be at the Chesterfield County fairgrounds, (2) the building should be a 10,000 square foot warehouse-type facility and (3) the building would be multi-functional and be made available to County departments that expressed an interest, such as Sheriff, Police, General Services auctions, VPI Extension Service, Social Services, Animal Control as well as Parks and Recreation. Of course, the Fair Association would use the facility during the fair and, in fact, are willing to make a contribution toward the construction. The availability of a permanent building will reduce tent rental costs. Preliminary estimates put the cost of the building at approximately $400,000. It is the desire and hope of the committee that construction could start as soon as the County fair ends in early September, 1994 and be completed in time for use by the Christmas Mother.on December 1, 1994. We hope you will find this information useful and thank you for your kind consideration. County Administrator: ~ Lane B. Ramsey Attachments: Yes ~_J N o 218 1995 - 1999 CIP PROJECT REQUEST FORMS Project Name: CHRISTMAS MOTHER - FAIR EXHIB}TION BUILDING Functional Area: MANAGEMENT SERVICES (i.e., Public Safety, Comlnuuity Development, etc.) Depart~nent: GENERAL SERVICES Project Description/Justificalion: Construction of a 10,000-12,000 sq. ft. steel warehouse-type building to serve as a multi-purpose building for Christmas Mother, fair exhibition, surplus food distribution, parks and recreation, and general activities/ community activities building. Facility Plan: Chesterfield County Government Center Master Plan - adopted March 8, 1989. Location/Site .Status: County Complex- Either in the Warehouse Complex near the Animal Shelter or at the County Fairgrounds. 214 Estimated Project Cost: Lm~d Acquisition County-owned * Architectural/Engineering $5,000.00 Environmental Assessments N/A Construction Costs $336,000 Site Work INCLUDED Utility Connections $12,000 Furnishings N/A N/A Equipment Construction Mmmgment (3%) $11,000 Contingency (10%) $36,000 Total: $400,000 Funding Sources: (Include contributions, donations, revenue bonds, etc.) Genera/Fund and Donations , NOTE: The estimated costs are based on the assumption that this warehouse would be essentially the same as two Building & Gro'lpds warehouses to b~ designed and constructed in 1995 & 1996. Therefore, major costs would be borne only one time. Operating Cost Detail: Personnel (specil~y position title and grade level) Electricity $3,000 Maintenance 500 Other 0 $3,500.* Total: *NOTE: N/A Tent rental costs for County Fair will be reduced by an amount greater than this. hnpact If Project Not Completed: The Christmas Mother will have to continue to work from inadequate warehouse space shared with the County maintenance staff. This is an unsatisfactory arrangement for the Christmas Mother and County staffs. 216 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA D~e~mh~r 15~ 1993 Item Number: Page 1 of,1 10. Subject: EXECUTIVE SESSION County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: Executive Session, pursuant to § 2.1-344(a)(1), Code of Virginia, 1950, as amended, relating to the performance of a specific appointee of the Board. Preparer: ~ .~ ~') Title: Steven L. Micas Attachments: Yes ~'~ No County Attorney 0800:5602.1 216 MOTION: SECOND: DATE: RE: CERTIFICATION OF EXECUTIVE SESSION HELD IN CONFORMANCE WITH LAW WHEREAS, the Board of Supervisors has this day adjourned into Executive Session in accQrdance with a formal vote of the Board, and in accordance with the provisions of tile Virginia Freedom of Information Act; and WHEREAS,· the Virginia Freedom of Information Act effective Ju].y 1, 1989, provides for certification that such Executive Session was conducted in conformity with law. NOW, THEREFORE, BE IT RESOLVED that the Board of County Supervisors does hereby certify that to the best of each member's knowledge, i) only public business 'matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Executive Session to which this certification 'applies, and ii) only such public business matters as were identified in the Motion by which the Executive Session was convened were heard, discussed or considered by the Board. No member dissents from this certifi- cation. Vote: (by roll call) The Board being polled, the vote was as followS: AYES: MAYS: ABSENT DURING VOTE: ABSENT DURING MEETING: **CERTIFIED** CLERK TO THE BOARD 217 Version'l ~ AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-67.1 AND BY ADDING A NEW SECTION 21.1-243.2 RELATING . TO SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS BE IT ORDAINED by the Board of Supervisors of Chesterfield County that: (1) That Division 11.1 of the Code of the County of Chesterfield, 1978, as amended, is amended to read as follows: DIVISION 11.1. SALE OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (2) That Section 21-67. 1 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 21-67.1. Generally. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise consumption, within 500 linear feet of a school which is owned or operated by the county and which is built after December 15, 1993. {b) As part of its regular review of all business license applications, the director of planning, or his designee, shall determine whether a commercial establishment which has applied for a business license intends to sell alcoholic beverages for on- premise consumption and whether it is located within 500 linear feet of a school which is owned or operated by the county. If the director of planning or his desionee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered surveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the surveyor's certification, it shall be presumed that the establishment is within 500 linear feet of a school which is owned or operated by the county. (c) No commercial establishment which holds a valid alcoholic beverage license from the Virginia Alcohol Beverage Control Board at the time a school which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use or be required to obtain a 1000:4757.13 -1- Version conditional use permit solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains. in force or is reissued as provided by law. (d) The distances prescribed in this section shall be measured by extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school. (3) That Section 21.1-243.2 of the Code of the County of Chesterfield, 1978, as amended, is added to read as follows: Sec. 21.1-243.2. Use limitations; sale of alcoholic beverages near schools. (a) Notwithstanding any provisions in this chapter to the contrary, a conditional use permit shall be required for all commercial establishments seeking to sell alcoholic beverages, as defined in § 4.1-100, Code of Virginia, for on-premise Consvmotion, within 500 linear feet of a school which is owned or operated by the county and which is built after December 15, 1993. (b) As part of its regular review of all business license applications, the director of planning, or his designee, shall determine whether a commercial establishment which has applied for a business license intends to sell alcoholic beverages for on- premise consumption and whether it is located within 500 linear feet of a school which is owned or operated by the county. If the director of planning or his designee cannot determine with a reasonable degree of certainty whether the commercial establishment is located more than 500 linear feet from a school which is owned or operated by the county, the planning director shall require, and the commercial establishment shall provide, a certification from a registered svrveyor confirming the distance from the commercial establishment to any such school. If the commercial establishment fails to provide the s~rveyor's certification, it shall be oresumed that the establishment is within 500 linear feet of a school which is owned or ooerated by the county. (c) No commercial establishment which holds a valid alcohplic beverage license from the Virginia Alcohol Beverage Control Board at the time a School which is owned or operated by the county locates within 500 linear feet of the commercial establishment shall become a non-conforming use or be required t~ obtain a conditional use permit solely by virtue of the location of such school, so long as such license remains in force, is reissued as provided by law or if such establishment is sold to a new owner, a valid license is issued to the new owner and such license remains in force or is reissued as provided by law. 1000:4757.13 -2- Version (d) The distanCes prescribed in this section shall be measured bY extending a straight line from the nearest property line of the establishment selling alcoholic beverages to the nearest property line of the school, (4) This ordinance shall become effective immediately upon adoption. 1000:4757.13 -3- //,  CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page t of 1 AGENDA Meeting Date: December !5, !99~ Item Number: ll. Subject: Dinner meeting with the Chesterfield County Committee on the Future to review their "Economic Development in Chesterfield County: Strategies for Success" report. Count~, Administrator's Comments: CountyAdministmtor: ~.~,_~.~.~o BoardAction Requested: Endorsement of the Committee's report. Summary of Information: The Committee's selection of economic development as its topic is the result of a concern for the county's ability to continue to provide those services which its residents desire. As a citizen group charged with creating a long-range vision for the county, the Committee sought to involve county residents in the process of looking beyond the concerns of today to create a shared vision for the county's future. The report's three areas of study regarding economic development are strengthening the workforee, land use development policies and human services. The objectives and strategies contained within "Economic Development in Chesterfield County: Strategies for Success"' are a synthesis of what the Committee heard as well as obtained through exhaustive research and interviews. Implementation of these strategies will strengthen the county's economy and guide Chesterfield well into the 21 st century. During the completion of the report, the Committee received valuable input from numerous county residents who attended various public meetings conducted after the preliminary draft of the report ;vas prepared. During constituent meetings, focus group sessions, and other meetings, these citizens took time to evaluate the preliminary draft of the report and offer comments and suggestions to the Eommittes~A great deal of their suggestions were incorporated into the final report. Preparer:~*i~i ~ ~ z~ ~, ?~ .,~:~¥~.?~-,:,,~,z,~ ,~ ~,~ Title: Director, Budget and Management .... Jameff J.L.~Stegmaier # ~ ~ ~ ~ Attachments: / Yes [-"] No ECONOMIC DEVELOPMENT In Chesterfield County STRATEGIES FOR SUCCESS Prepared by the MITTEE ON THE FUTURE December 15, 1993 The Honorable Members of the Board of Supervisors Chesterfield County Chesterfield, Virginia 23832 Dear Members of the Board: The report of the Chesterfield County Committee on the Future is transmitted herewith. The Committee's selection of economic development as its topic is the result of a concern for the county's ability to maintain those quality of life standards which residents have grown to expect. A sluggish economy coupled with the county's projected population growth will challenge the county's ability to continue to provide those services which its residents desire. As a citizen group charged with creating a long-range vision for the county, the Committee has sought to involve county residents in the process of looking beyond the concerns of today to create a shared vision for its future. The Committee met with citizens in each of the magisterial districts to discuss the topic of economic development and further defined the topic at four focus group sessions. Discussions were also held with several civic associations, the Planning Commission, the Business Council's Focus On Our Future Education Committee, the School Board, and industry leaders representing the major employers in the county. The objectives and strategies contained within the Economic Development In Chesterfield County: Strategies for Success report are a synthesis of what the Committee heard as well as obtained through exhaustive research and interviews. Implementation of these strategies will strengthen the county's economy and guide Chesterfield well into the 21st century. The Committee on the Future respectfully submits this report to the Chesterfield County Board of Supervisors. Sincerely, Nancy S. Hudson Chairman 220 ECONOMIC DEVELOPMENT IN CHESTER_FIELD COUNTY: STRATEGIES t:OR SUCCESS TABLE OF CONTENTS I Preface ........................................................................................................................... ~ ................... Economic Development In Chesterfield County: Strategies for Success .............................................. 1 Strengthening the County'sWorkforce ................................................................................................ 5 15 Growth and Development .................................................................................................................. P,.esidents' Needs and Thek Impact on Economic Development .......................................................... 27 Successful Implementation of Committee P,.ecommendations ............................................................. 35 Acknowledgemems ............................................................................................................................ 37 Bibliography ...................................................................................................................................... 39 22~ ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: S~,_~GmS FOR Success PREFACE Origins and Mission of the Committee on the Future The Committee on the Future was authorized by the 1987 Chesterfield County Charter. The Com- mittee is composed of ten county residents, two from each of the county's five magisterial districts. The Committee serves at the pleasure of the Board. ' The mission of the Committee is to forecast comprehensive and long~range conditions facing the county in the 21 st century. The Committee then develops recommendations concerning these fore- casts and submits its recommendations to the Board of Supervisors. The recommendations of the Committee on the Future expand beyond present day limitations, presenting a view not necessarily bound by present constraints, but embracing the future's possibilities. Chesterfield County Committee on the Future Bermuda Dorothy K. Jaeckle Wayne F. Virag ~[atoRca Kenny Bush Cindy A. Shumaker, Vice Chairman Dale Kenneth F. Hardt Nancy Hudson, Chaiman Clover Hill Victor W. Liu Tracy Williamson · Midlothian Dan B. Franks William H. Shewmake 222 ECONOMIC DEVELOPMENT ~ CHESTERFIELD COUNTY: STtLtTEGIES FOP. SUCCESS ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS The character o fa locality is comprised of many variables. While these variables are difficult to define, "quality of life" best defines the character of a community. Cumulatively, these characteristics can be directly related to the reasons why people select a particular community in which to reside. A number of primary reasons why families choose to · locate in Chesterfield County include excellent educational opportunities, quality housing at reasonable prices, and the broad range of services provided to residents. Current levels of services cannot be maintained without increasing reven acs. During the 1980's, the county's population grew rapidly. Due to this growth, county revenues increased primarily because of the nonresidential tax base. The 1990' s has brought moderate residential growth, while nonresidential development has not increased significantly. As a result, the county's popula- tion has grown and demands for services have increased, but revenues have become relatively stagnant. If this trend continues, adequate services cannot be maintained without increasing revenues. Consequently, Chesterfield's existing quality of life cannot be preserved or improved without addressing the financial security of the county's furore. It is for this reason the Committee selected economic development as its topic of study. Population Projections Chesterfield County, Virginia Thousands 2OO 1980 408,000 352,000 316 1990 2000 2010 2020 2 2 3 Low Growth ~ Moderate Growth · High Growth J EC,ONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Elements of successful economic development. The Committee needed alogical method of narrowing the topic so that it could adequately analyze economic development and offer concrete recommendations to foster that development. In order to formulate strategies to improve eco- nomic development and the financial stat e of the county, the Committee identi- fied attributes businesses seekwhen selecting a new locality. Of these at- tributes, the Committee selected as the focus of ks report education, develop- ment policies, and human services. Quality education is critical to attracting and retaining business. The importance of a positive business climate. Planningfor the county's human service needs. Chesterfield County Revenue per Capita. 1800 1600 1400 1200 1000 800 600 400 200 0 FY86 FY87 FY88 FY89 FYg0 FY91 FY92 Source: Chesterfield Comprehensive Annual Financial Report A qualky education system is a primary consideration of almost any business seeking to locate in a new community. However, because the Committee decided to study economic development, and not education in general, this report focuses on adult and technical education as well as the need for regional cooperation. The central theme which emerged from the Committee's study of development policies was the need to establish a business climate which would attract those businesses sought by the county and ks residents. The attitude that a commu- nity holds toward growth and industry has agreat deal to do with whether potential businesses will find the community attractive. The Committee devel- oped strategies related to increasing the nonresidential tax base, broadening the county' s Comprehensive Plan, revitalizing urban and ~fil! areas, preserving environmentally sensitive areas, promoting orderly growth, and encouraging regional approachesto those issues which cross governmental jurisdictions. In studying human services, the Committee quickly realized that the county's changing demographics must be addressed. For example, by the year 2015, the average age of county residents will have dramatically increased. Given this reality, the human service issues which were selected for study are employment assistance for senior adults, housing needs, public transportation, the assisted living industry, and the development of neighborhood community centers. 224 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STaATEGmS FOP, SUCCESS TheEconomic Development Report process methodology. The development of a precise process to create strategies for the future improvement of economic development was crucial to the quality of the Committee's report. The process required hundreds of hours of research and interviews, as well as meetings with residents, the business community, and gov- ernmental officials. The Committee aggres- sively sought public comment before finalizing its recommendations because public input and support are crucial to the successful implementation of the Committee's final recommendations. Af~erits research, the Committeebegan identifying potentially significant issues related to economic devel- opment through the year 2020. Once identified, these issues were translated into · recommended objectives, strategies, and details. The importance of receiving residents' input. The Committee realized that if public meetings were held too early, the public would have insufficient information to form opinions and provide meaningful input. Conversely, if residents did not have an opportunityto review the report until itwas finalized, the processwouldbetoo far along for significant changes to be integrated into the report. The Committee therefore developed apreliminarydraf~ of its economic development strategies which it then presented to the public at four constituent meetings and at other meetings throughout the county. In addition, the public was encouraged to attend focus group sessions in order for the Committee to receive detailed input from county residents. This process enabled the Committee to incorporate anumber of the public's ideas and suggestions into the final effort. The Chesterfield County Committee on the Future submitsthe following obi ectives, strategies, and details to strengthen the economic future of the county. By implementingthese strategies, businesses will seek to Iocatein Chesterfield, residents will be proud of their county, and the government will acquire adequate revenues to provide necessary services. 226 3 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Focus on technical and adulttraining and retraining requirements. STRENGTRENING T]~E Co aYsWom oRc The Committee initially considered taking an expansive view of education as it relates to eco- nomic development and making recommendations concerning all aspects of the county's educational system. The Committee considered such an ap- proach because quality education is a cornerstone of economic prasperity. According to many of the county' s major employers, the quality of an educational system is the single biggest factor considered by mo st businesses when decid- ingwhere to locate. Unfortunately, an open-ended study of education proved to be unwieldy. The Committee could not in the time allotted make sweeping recommendations concerning education and do justice to the other elements of economic development which are addressed in this report. The Committee ultimately decided to recommend changes in specific areas which, inthe context of a quality education system, would promote economic success. AReradopting this methodology, the Committeethen decided to address the issues of technical and adult education as well as how to effi- ciently deliver and market the services which are available to the county's residents and businesses. The Committee concluded that it would also have to address the issue of regional cooperation because many of the educational goals the county needs to accomplish cannot be met without a regional approach. The Committee selected the above areas because they have a direct impact on the ability of the county' s residents to adapt to a continuously changing workplace. The public is justifiably concerned that the county maintain and strengthen the quality of its traditional academic curriculum. But few realize that 92% of Virginia's workforce for the year 2000 is currently in the job market, and that the average worker is now projected to change career fields seven times during the course of his or her career. Even those who remain in one j ob will b e constantly utilizing different technologies when performing his or her responsibilities. The county must meet the needs of those already in the workforce if it is to entice prospective employers and retain those whose presence the county already enjoys. Many likewise may not appreciatethe changing role and future importance of technical education. While traditional vocational programs are important, 226 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STaATEGmS FOP, SUCCESS the Committee's vision of technical education is much broader than those traditional programs. Technical education must be demanding, and we as a community must eliminate thegeneral misperceptionthat technical education is for slow learners and results in limited job opportunities. If done correctly, technical education will broaden a student's horizons, help him adapt to changing technologies and will often lead to higher paying jobs than those available to many students who pursue a traditional academic program. Exposure to technical training will also help to eliminate the fear of technology. The Committee emphasizes, however, that ks decision to limit its focus in no waydenigrates the importance of thebasics. Reading, writing, math, and science must be stressed and strengthened. Success also demands that people must be taught critical thinking skillswhich enable themto applytheir knowl- edge to different situations and greatly facilit ate anyj ob retraining which may be necessaryinthe future. This istrue for traditional academic as well as technical and adult students. Establish the Chesterfield Council for Adult Educati. on andLiteracy. In looking at adult education opportunities, the Committeebegan the task of learning what programs are currently available. TNs task proved more daunting thanthe Committee anticipated. Throughthe laborious process of identifying available programs, the Committee learned that often agencies, schools, busi- nesses, and residents either do not knowwhat is available or misunderstand what is being offered. The result is an inefficient system whichwastes re- sources and fails to deliverwhat iris capable of providing. By effectively coordinating adult educational efforts, the county can utilize resources more effectively, train our residents, and market available services and programs. The problem was how to accomplish the necessary coordination in an efficient manner. The Committee was wary of simply establishing a powerless task force which would go un- heeded and add an unnecessary level of bu- reaucracy. The Committee resolved this dilemma by recommending that a Council for Adult Educa- tion and Literacybe established. The Council should be comprised of all relevant govern- mentalboard chairmen and department heads as well as business leaders. Anyone less than department heads or board chairmen would mean the Council's recommendationscould be ignored. The Committee has also recommended that the Council be responsible for seeking state and federal funds for programs related to adult education services. Currently, each county agency or department is competing for the same resources, which can leadtoduplicationof efforts and potential inefficiencies. ' 2 2 7 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOK SUCCESS Finally, the Committee has recommended that as part of the county's budget process, the Council submit an annual adult education budget proposal to the Board of Supervisors. While indMdual departments could still lobby the Board of Supervisors to alter the Council's recommendations, those recom- mendations will give the Board a much better perspective on all the compo- nents of adult education, and will place an onus on a particular department to explainwhy the Council's recommendations should be modified or disre~ garded. By granting the Council the power to influence funding, theBoard of Supervisors can ensure that the Council is taken seriously. The Committee found during its research that the state recently realized the inefficiencies °f the current adult education delivery system. To eliminate those inefficiencies, Virginia created a statewide council in 1993 which is comprised of industry leaders and ali relevant state agency heads, including the SecretariesofEconomicDevelopment, Education, and Health and Human Services. This state council will coordinate the relevant state agencies' budgets and services and direct where state and federal resources will be focused on thelocal levelthroughout the Commonwealth. To date, no Virginia locality has established a comparable local council which can coordinate workwith the state council as well as provide and market the available services on alocal level. The executive director of the state council has expressed excitement about the possibility of working with a Chesterfield council which could be the exemplar local system in the state. By acting now to establish a local council, Chesterfield will undoubtedly enjoy invaluable support fromthe state council, both into .rms of expertise and access to national research and data. Develop a Workforce Development Center. Coordinating the county's adult education and retraining efforts is vital to economic development, but it alone is not sufficient to guarantee success. The county must also ensure that the services are accessible. The Committee has therefore recommended that the county, in conjunction with the Adult Council, establish aWorkfbrce Development Centerwhich would serve as a "one stop shop" for adult education, training needs assessments, and retrain- ing. The potential for such a service excited many of the area's business leaders. Workers, for example, do not normally volunteer that they are functionally illiterate. Enabling a business to identify an employee's deficiency and then correctthe deficiency through training and education is a powerful marketing tool. Many businesses would ~adly pay the low cost associated with such a serv/ce. 2 2 ~ ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS If the Workforce Development Center is implemented, people will also no longer have to suffer being shuffled through bureaucratic procedures to obtain assistance. In short, the WorkforceDevelopment Centerwill create a user friendly system which will in turn mean that the system will be utilized. Encourage the expansion andbroadeningof technical education. In the future, technical education will expand beyond traditional vocational programs and will provide sophisticated technological and scientific training. It will also provide students withcritical thinking skills so that they can succeed in the workplace and easily adapt to future retraining which might be neces- sary in light of new technologies. Over the next thirty years, businesses will locate in areas where the workfbrce can meet the exacting quality and produc- tivity standards necessary to compete in a global economy. The demands on future workers will be high, but the rewards of meeting those demands will be The county must recognize this trend con- corning technical education and embrace it. The Committee has therefore recommended that technical educationbe expanded, and that those students who remain in the traditional academic program must be exposed to · technologyand technical training. The county should take immediate steps to encourage students to pursue a technical career by eliminating the stigma associatedwith a student's pursuit of tecknical education. Most parents currently believe that by electing to pursue a technical education, their children will have Iimited options and must forgo any possibility of college. This is why, for example, the county must structurethe technical education program so that its graduates are eligible for college and must expand apprenticeship programs which can serve as an entreeinto high paying jobs. These and other measures will make technical education attractive. Bytaking such steps, the countywill help pro- vide a highlytrained workforce which will attract business. Regional approaches to improve technical and adult education. The Committee has made a number of recommendations to enhance the quality of the technical and adult education services available to the county' s residents. But qualitytechnical and adult education cannot be delivered'by Chesterfield alone. Quality technicai education involves effectively managing state and federal resources available to the area. It involves working with local community colleges and universities which serve a much greater area than Chesterfield. It involves marketing the training and educational resources that are available in the region. The Committee has made several suggestions concerning specific areas where the county should cooperate in the fields of technical and adult education. Those suggestions, however, should not be viewed as an all inclusive list, but as a starting point. ~ 2 8 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS 0 Effectively coordinate, .publicize, and market the technical, training, and educational programs available to the county's adult residents and businesses. Strategies A. Create a Council for Adult Education and Lit- eracy inthe county. Details' · The Council should include representation from business and industry as well as such agencies as the SchoolBoard, Social Services, Economic Development, Community College, VkginiaEm- ployment Commission, and the county library - system, and shouldbe modeled after the State Council on Adult Education and Literacy. · As a coordinating body, the Council will formulate policies and procedures for implementing com- prehensive technical, training, and educational programs to meet the needs of adult residents. · The Council will be responsible for seeking state and federal funds for adult education and related services. · As part of the county's budget process, the Council will submit an annual adult education budget to theBoard of Supervisors. 23O, 9 ~ECONOM~C DEVELO?MENT ~N CHESTERF]~ELD COUNTY': ST]~TEGIES FOR SUCCESS Strategies B. Establish aWorkforceDevelopment Center asthe primary resource forinformafion on employment as well as for training, workforce literacy, and technical education programs. Details · The county, in conjunctionwiththe Chesterfield Council for AdultEducation and Lit eracy, will establish aWorkfbrceDevelopment Center. · Develop an employment service networkto connect job seekers with employers. · Develop a skills assessment program, in conjunction with surrounding jurisdictions and institutions, to analyze skills required for specific jobs and evaluate.skills in specific career fields. The skills assessment programwilllink employee needs with related skills hecessary for employment. · Assist employers in assessing and addressing the vocational and training needs of their existing labor force. · Identif3, all educational opportunities available to county residents for training and retraining. · Publish a consolidated directory of agencies and programs which will be available to assist county residents and/or agencies in obtaining skills in specific career fields. 23i 10 [ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS 0 £romote the development of quality technical education that provides a strong academic base and meets international standards and requirements. Strategies A. Restructure the Chesterfield Technical Center to expand its use of technology. B. Develop a strategic plan for the educational needs and training requirements of the county's workforce. C. Encourage the development of state-of-the-art "TechPrep" programs that result in an associate college degree by combining two years of tech- nology-based high school education with two years ofvocational/technical education. Details · Ensure that the Chesterfield Technical Center has fullaccess to integrated supporttechnologies (e.g.' voice, video, and data), as well as specialized career specific equipment. · Provide mechanisms for the distribution of t echnicalinformation fi.om the Center to other schoolswithinthe area. · Identify the labor force needs which impact the area. · Monitor labor forcetrends in order to influence educational and training policy decisions. · Assesstheimpact of changing demographic patterns upon training requiremems. · The strategic plan should be developed in Coop- eration with such agencies as the School Board, Economic Development, and the Chesterfield Council for Adult Education and Literacy. · Encourage smdems to completeatwo-year program at the Technical Center, followed by a two-year associate degree at an area community college, such as John Tyler. · Establish articulation agreements between the high school "Tech Prep" program and the commu- nity colleges to eliminate unnecessary duplication of courses and provide continuity between the two. ,- 232 11 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOIl SUCCESS Strategies Structure the secondary Technical Education Programto ensure that students graduating fi.om the program can meet minimum college entrance requirements. Increase the integration of higher academic standards and requirements into tradkional vocational programs. Integrate international standards into applicable school curriculums and programs. Establish apprenticeship, internship, and co-op experiences as an integral part of the students' technical education. Details · Strengthen math, writing, and foreign langUage skills to ensure that students are prepared for college admittance. · Integrate academic subject matter with technical subject matter in such away that each reinforces and builds upon the other. · Incorporate higher levels of math and science instruction into the preparation of vocational educational programs. · Ensure that vocational students have developed the computation and communication skills neces- sary to compete successfully in the job market. Standards must be established for each vocational career field. · Students should acquirethe skills necessaryto satisfy evolving quality standards (such as. ISO 9000) in the workplace. · Establish an initial pilot project at the Technical Center to integrate industrial quality programs into technical and vocational curriculum. .Incorporate these related programs into the academic curriculum, where appropriate. · Structure the program to include blocks of time for both academic instruction and work experi- ences as opposed to half day experiences. 238 12 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Strategies Implement effective marketing strategies for the. technical education system. Details · Establish incentives and provide recognition forthosebusinessesparticipatingintheprogram. · Utilize a marketing expert to develop a plan to promote the program and available services. · Exp and career and vocational awareness activities and services within the K through 10 curriculum. · Expand the use of tracking data, such as college placement, employment, and salary histories, to evaluate and promote the technical education · Expand opportunities for youth to visit different types of business, industry, government, and professionalwork environments throughout their school program. 23 i 13 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOIl SUCCESS 0 i i Promote regional cooperation in establishing technical and adult education programs and services. Strategies A. Work with other localities to encourage the estab- lishment of an undergraduate professional engi- neeringprograrn. Bo Encourage regional research, development, and training networks for economic development Details · This engineering program should be supported by area colleges, universities, and industries. · Future engineering programs should be applicable to the needs of area businesses. · Research, development, and training networks similar to the facilities at t he Kaleigh-DurhamRe- search Triangle and the Charlotte Research and Development Complex should be considered when designing a regional model. · Promote aregional approach in respondingto economic development efforts in the pursuit of common educational and training goals. *Evaluate the state and regional employment mar- kets to better promote the'regionto prospective businesses. · Evaluate data regarding major service industries and the public and private sectors within the region that impact economic development. 236 14 ECONOMIC DEVELOPMENT ~ CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS GROWTIt AlVl) DEVELOPMENT Economic growth is vital to the health of the county. Attraction of businesses and the encouragement of orderly growth is needed to maintain or improve the quality of services provided to the residents of the county. The Committee found that stagnant commer- cial growth or rapid, disorganized residential growth will decrease the quality oflife in the county or result in a significant increase in taxes or other fees to maintain the county's infrastructure and governmental services. During the past two decades, the county has grown at a rapid pace. Residential growth has out-paced'necessary nonresidential growth, producing an ever increasing demand for capital improvements and governmental services. In addition, rapid growth has raised some concerns regarding the protection of the environment and the historic resources of the county. EnCourage res ponsible nonresidential growth. While there may be a perception among some residents of the countythat growth should be stifled or even discouraged, this perception may lead to undesirable results. Rather, growth should be encouraged along awell defined plan so that the county may shape itself to become that which its residents wish it to be. The Committee recognized that residential growth, in general, does not itself pay for the increase in infrastructure and services de- manded by new residents. Therefore, the county needs to encourage and attract com- mercial and other nonresidential development. However, some studies suggest that not all nonresidential growth has a positive impact on a jurisdiction' s economic well being. For ex- ample, some nonresidential growth mayindi- rectly increase the demands for county services and Capital outlay. Should a new commercial entity be accompanied by a great influx of new residents, the indirect effect of the new residents, with the increase on the demand for services, may offset anypositivetaximpact that the business may have otherwise generated. Economic development in the county is under the jurisdiction of the Department of Economic Development. This department takes great strides to 236 15 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEG~S FOR SUCCESS market the county as a locati0n for businesses and industries. In addition, the department assists existing businesses and attemptsto ensurethat county services are available when necessary. In order to adequately coordinate these efforts and focus on the needs of the county in the future, the Committee recommends that the department develop an EconomicDevelopment Strategic Plan which will encourage orderly and positive nonresidential growth. For thisPlanto remain vital, it should be reviewed on a periodic basis to reflect any changes in the economic climate of the county. The Planwould allow the county to concentrate its efforts of en- couragement and marketing towards those types of nonresidential concerns that would generally haveaposkiveimpact upon the Initiate intensive programs to assist small business. The county has experienced a growth in the number of small businesses during the past two decades. These types of businesses, whichinclude profes- sional and service entities, can help the county grow in a positive manner. During the period of time in which the Committee studied the services offered by the county to small businesses, the Economic Development Department dedicated an employee to assist and encourage small businesses. Due to this growingtrend towards small businesses, the Committee recommendsthatthe department devote a larger portion of its resources to assisting these entrepre- neurs. In addition, the county should encourage the development of public and private partnerships to further assist small businesses. The partnerships can encourage the location of small businesses in the county and mentor present and prospective businesses. Create an Om budsman for business concerns. An Ombudsman is needed to assist businesses in the county, and act as a special problem solver to the business community. This position should be located in the Community Development AdministrationDepartment because the majority of potential problems which may arise are within the department's jurisdiction. The 0mbudsmanwould act onbehalf of all businesses, regard- less of size. Develop and periodically review a broad, county- wide Comprehensive Plan. One of the maintoolsthat drive and encourage positive economic growth is the Comprehensive Plan. The county currently produceswhat basically is a land use comprehensive plan and plans that cover specific areas of the county (e.g., the new Southwestern?lan). The Committee encourages the creation of a trulycomprehensive county-wide plan thatwould incorporate, among other things, transportation, resource protection, and economic development goals, and would serve to coordinate the long range plans of various departments or 16 237 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOP, SUCCESS agencies. This Plan could act as "the" development guide for the county and would encourage commercial, industrial and residential economic growth in those areas of the county best suited for such growth. While the Plan must be expected to be followed when zoningorplanning decisions ' are made, the Plan'cannot be made permanent orinflexible. Conditions, both economic and social, may change rendering a visionary Plan out-dated or, under then existing conditions, ill-advised. Therefore, thePlan should be reviewed every five years and, if necessary, updated to reflect chang/ng conditions. During the Plan' s review process, all affected agencies should be involved. More importantly, because the Plan will serve as a development guide, input from the public must be encouraged at the review stage. Protect existing urban areas. Despite the county' s rapid growth, the county cannot forget that it must protect existing urban areas. The county is a diverse one -- from vast, undeveloped areas to area§ that have already grown close to capacity. While comprehen- siveplanning canprovide development guidelines in undeveloped areas throughout the county, the Committee suggests that special consideration is required to ensure that the county' s existing urban areas are also protected. The Committee recommends thatthelocationofspecialmagnet school programs and projects in these areas may serve to help existing residential areas. At the same time, the encouragement of redevelopment projects in. established commercial areas will promote the continuing commercial viability of these areas. Many existing urban areas are presently governed by separate village plans. These plans, which are more detailed than the existing county Comprehensive Plan, can be used to protect the character of these villages. The county should encourage private participation in the comprehensive planning process at either the Comprehensive Plan periodic review stage, or at the review stage of any separate village plan. By fostering apublic and private partnership in this process, the village identities may be maintained and, in many cases, enhanced. Encourage development in infill areas. During the county's rapid growth since the 1970's, many areas of the county experienced "leap-frog" development. That is, development sometimes passed by potential areas of location and went further west or south. In certain areas, this has lef~ viable development areas untouched and vacant. 238 17 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES ~'OR SUCCESS Usually these infill m'eas are locations that already have the county's infrastruc- ture in place (e.g., water and sewer lines). As a result, development in these areas may have less of a negative impact on the county's capital and service costs than development which is completed in a leap-frog fashion. Therefore, the Committee recommends that the county identify these irtfill areas ina sepa- rate report or in the ComprehensivePlan review process. Once identified, development inthese areas could be encouraged by the use ofdiff'erential cash proffers or hook-up fees or similar financial inducements. Riverfront Plan While encouraging economic development, the Committee recognized that it is important to protect the environment and the county' s cultural and historical resources. For example, the county enjoys the unique benefit of being located between two great waterways-- the James and Appomattox Rivers. These vital resources need to be protected. More over, the county should ensure that these areas are utilized to the fullest andmost beneficialways. Therefore, the Committee suggests that the county, along with the support of neighboring jurisdictions and thosebusinesses and industries that presently exist along the dverfronts, should develop a comprehensiveRiverfront Plan that addresses both of these natural resources. TheRiverfront Plan, when developed, should be addressed and its impacts reflected in the county's Comprehensive Plan. Protect other sensitive areas. In addition to the riverfronts, the county's natural beauty should be main- tained. Open areas can be protected through the use of such techniques as the encouragement of cluster zoning. Clusterzoningallowsadecreasein thesize of lots in a subdivision, providing that the number of permitted lots remains the same and the remaining land is devoted to undeveloped open space. In addition, the county' s environmental health should be preserved by closer monitoring of the county's environmental condition and by periodic reports to the Board of Supervisors. Innov~ative land use techniques. The county is a governmental entity with limited power. Generally, the county can only do those things that are authorized by the Virginia General Assembly. As a result, the county is presently hampered in the ways in which it can ensure orderly growth. Due to this limited power, the Committee researched other jurisdictions throughout the nationwhich are utilizing avariety of land use planning tech- niquesthat may be beneficial to the county. Somejurisdictions have adopted Adequate Public Facility Ordinances. These Ordinances target development in only those areas which possess adequateinffastructure. Adequate Public 18 ~ECONOMIC DEVELOPMENT IN CHESTERF~LD COUNTY: STRATEGIES FOP, SUCCESS Facility Ordinances, when combined with differential impact fees, tend to encourage growthwhere the infrastructure is already in place, thus focusing growthwhile effectivelyusing county resources. Other localities use Transfer of Development Rights Ordinances which foster less costly growth where that growth should be encouraged. When using T.D.R' s, the locality defines a rural area fromwhich development credits can be sold. These purchased credits are transferred to a more urban area which possesses an adequate carrying capacity for the additional density. Still other jurisdictions use a type of Official Map legislation that permits the locality to designate in ad- vance the location of c ertain capital improvements, including schools and other facilities, and to exercise a first option to purchase the designated propertywhen development is about to occur. The Committee found that these various land use techniques sound promising. However, they should be studied carefully in light of the county' s unique and diverse land use patterns. Some may prove more conducive to positive growth than others. If these devices would be beneficial to the county, enabling legislation shouldbe sought in the General Assembly. In the meantime, the county should continue to encourage impact fee enabling legislation. In addition to this effort, the county should continue to use its Capital Improvement Program as a basis for encour- aging orderlygrowth. Cooperatewith neighboring jurisdictions. Economic development and land use planning do not occur in a vacuum. Deci- 'sions regarding economic development strategies and land use issues, not to mention aRiverfi'o nt Plan or open space planning, will have a direct impact on neighboringjufisdictions. Conversely, what our neighbors do will have a direct impact onthe success of the county's economic growth. As stressed throughout this report, regional approaches and cooperation are necessary and beneficial to all areas. A board composed ofregional economic development professionals could better coordinate an area development plan. Annual forums of planning officials may also foster amore coordinatedland use planningeffort. 240 19 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS lo Increase and diversify the nonresidential tax base through the attraction, retention, and growth of new and existing businesses. Strategies A. Develop an Economic Development Strategic Plan to create a vision for such development in thecounty. B. Devote a section of the county'sEconomic Development Department to assist small busi- nesses. C. Establish an Ombudsman to assist businesses. D. Seekpublic/private initiatives between the county'sEconomic DevelopmentDepartment and members of the business community to provide encouragement and support to businesses seeking to locateinthe county. Details · Promote Chesterfield County as alocation for businesses that would tend to employ existing residents. · Promote Chesterfield County as a location for businesses that export goods and services across county, state, and/or national boundaries. · Target small businesses that provide goods and servicesthat support existing larger industrialor manufacturing businesses. · This section of the Economic Development Department will assist small businesses with county ordinances and regulations relating to such matters as licensing, taxation, and zoning. · The Ombudsman should be located in the CommunityDevelopment Adm/nistration Office. · The Ombudsman will help resolve and mediate conflicts between businesses and government agencies. · Establish informational networks and mentor programs. 24i 20 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Strategies E. Effectively market the strengths of the county to prospective businesses. Details. · Record all inquiries and survey all prospects to determine how they learned about the county and what they consider ks strengths and weaknesses. If warranted, make appro- priate changes to the Economic Development StrategicPlan. · Market the county's educational, recre- ational, economic develop ment, and human services programs to prospective businesses. For example, the county's state-of-the-art mental health-mental retardation-substance abuse services could be used to assist businesses with employees who require these related services. Chesterfield's Mental lteaith- Mental Retardation- Substance Facility, the Rogers Building. 242 21 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOP, SUCCESS e Broaden the county-wide Comprehensive Plan to include land use planning, transportation, public infrastructure, resource protection, neighborhood revitalization, and goals for economie develo£ment Strategies A. Review the county-wide ComprehensivePlan at least every five years in light of growth and de,~elopment impacts and revise as appropriate. B. Promote Chesterfield County's Comprehensive Plan as the growth and development =oxtide for the county. Details · Prior to major revisions, the Deputy for CommunityDevelopment and theDirector of Planning will facilitate forums with represen- tatives fi-omPlanning, Transportation, Utilities, Engineering EconomicDevelopment, Human Services, and the SchoolBoard. *County staff'will solicit input from citizen groups operating under the auspices of the count'./government, such as the Watershed Management Committee, as part of this review. · Local organizations and community groups will be encouraged to provide input prior to and during the Plan's formal revision process. *Provide educational forums to the public regarding significant ordinance changes. · The Transportation and Planning Depart- ments will analyze the necessity, feasibility, and potential modes of public transportation as part of the five year review process. · Rezonings should follow the direction of the ComprehensivePlan. · The county's village and area plans will be consistent with the county-wide Comprehen- sivePlan. 243 22 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS 3~ Improve, maintain, and utilize to the fidlest, existing urban neighborhoods and infill areas. Strategies A. Identifyintill areas and encourage development in those areas. B. Encourage redevelopment projects in established commercial areas to preserve and/or increase desirable community services. C. Encourage private and public partnerships to protect and maintain the character of the county's villages as identified in the Comprehensive Plan. D. Locate special school programs and projects in existing urban neighborhoods. Details · ThePlanningDepartment shall identify irrfill areas in the county and develop guidelines to define such areas in the future. · Utilize differential cash proffers and similar inducements to encourage development in intill areas. · The Planning Department shall identify com- mercial redevelopment areas in the county and develop guidelines to assist existing business expansions, attract new businesses or redevelop existing buildings for other compatible uses in those areas. · Use existing techniques such as Enterprise Zones to promote economic development. · Establish a Community Development Corpo- ration to oversee all redevelopment and revital- ization activities. · Develop a network of neighborhood partner- ships between businesses and residents. .Utilize these neighborhood partnerships to undertake suchcommunity revitalization activities as house exterior improvements and maintenance of open spaces. · Special magnet school programs should be located in urban areas. These programs could concentrate on such areas as math, science, or the performing arts. 244 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS 0 Protect sensitive, natural, cultural, and historical resources in land use planning. Strategies A. Develop and implement a comprehensive RiverfrontPlan along the James and Appomattox Rivers. Encourage cluster zoning where appropriate to enhance environmemal preservation and maintain open space. C. Monitor on a continual basis the state of the environment and the quality of the region's land, air, water resources, groundwater, and waste manage- meat Details · Generate public-private financial support of the Plan's development cost by encouraging fifty percent of these costs to be contributed by private and corporate donations. · Promote private sector involvement in the implementation of the plan. · Reflect the recommendations of the Riverffont Plan in the county's Comprehensive Plan by including land use changes to the riverfront, adjacent areas, and the corridors leading to the riverfront. · Involve adjacent jurisdictions in the de- velopment of the plan and the preservation of the river corridor. · The Riveffront Plan should protect the county's environmental and aesthetic resources, protect the existing industrial base, and provide public access and exposure to the rivers. · Incorpomtectuster zoning techniques into the county's Comprehensive Plan and Zoning Ordinance in order to maintain open space. · The county's Planning Department shall analyze the effectiveness of the Agricultural and ForestalDistrictwith relationto maintain- ing open space, and amend if necessary. *The county's Engineering Department shall analyze and report on a semi-annual basis to the Board of Supervisors regardingthe state of the environment and the quality of the region's land, air, water resources, ground- water, and waste management. ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS I 0 Analyze and where needed promote 'in the General Assembly those land use planning techniques which will enable the county to encourage orderly growth. Strategies A. Analyze the potential benefits and.burdens of Details · Analysis of potential land use plamning enabling future land use planning enabling legislation. B. Utili2~ethe county's Capital Improvement Program in the absence of new enabling legislation. legislation shall be completed by the county's Planning Department. · PlanningDepartment should study and report to the Planning Commission on the potential benefits and burdens of enacting Transfer of Development Rights and Adequate Public Facilities Ordinances. · The County should study the potential benefits of the State strengthening its OfficialMap legisla- tion. · Continue to pursue Impact Fee enabling legisla- tion in the General Assembly. · The Planning Commission should continue the use 0f Land Banking for the expansion of utilities and transportation systems as part of the proffer process. · The Planning Commission shouldbe involved in the development of the Capital Improve- ment Program to assist in or&fly growth. 246 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOP, SUCCESS SO Promote a regional approach toward land use planning, economic development, transportation, and the environment. Strategies A. Establish an advisory board composed of regional economic development professionals. B. Conduct annual fommswith regional planning officials and professionals. C. Encourage regional support of a greenways and/or open space plan.. D. Develop aregional environmental boardto discuss issues whichimpact the Richmond metropolitan area. Details · Review and make recommendationst0 the Virginia Department of Economic Develop- ment, Metropolitan Economic Development Council, and Appomattox Basin Industrial Development Corporation. · Discuss related land use issues that will impact neighboring jurisdictions. · Amend land use plans and offer financial support regarding regional coop eration for the develop- ment of an open space strategy and/or a regional greenways plan. · The environmental board will meet on a regular .. basis to discuss and make policy decisions regard- ing the state of the region's environment. · Issues to be discussed by the Board will be those environmental topics which impact the entire region, such as the area's limitations on air pollution emission. · Board membersNp should include citizens and representatives from industry, envkonmental groups, and the government. 247 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS RESIDENTS' NEE )S AND Tnwm IMPACT ON ECONOMIC During the Committee's research of economic development, the group sought to identify the reasons businesses choose to locate in the county. Many of these reasons are obvious: business climate, the education system, the workforce and the transportation infrastructure, for example. There is an additional characteristic which companies seek that defines a community and which is more difficult to define than the aforementioned attributes. This nebulous variable is oflen referred to as a community's quality of life. Positive quality of life can assist in attracting businesses. The Committee studied the quality of life because the health of our communi- ties, good or bad, will eventually impact the health of our businesses. Ignored, quality of life can negatively impact communities, schools, and the business environment. Improvement of quality of life, on the other hand, can transform Chesterfield into a community where existing and new businesses cannot only find a positive business climate and an appropriate building site, but also a place where employees wish to live and prosper. For these reasons, quality of life was determined to be a crucial segment of the'county' s entire economic development structure. Focus ofthe quality of life study. While studying the relationship between economic development and quality of life, the Committee narrowed its focus to employment assistance for senior adults, housing needs, public transportation, the assisted living industry, and neighborhood community centers. While there are certainly other areas which define a locality' s quality Of life, such as public safety, the library system, and social services, variables such as these.warrant their own strategic plans. In 1990, 6.1% of the county' s population will be 65 years old or older. This represents a 96.7% increase since 1980. The county projects that by the year 2020, the percent of county residents over the age of 65 willmore than double. Combine this statistic with the fact that many older Americans opt for early retirement, and the potential economic and labor power of senior adults becomes apparent. For these economic and statistical reasons, the Committee sought to develop strategies which would make the mo st of senior adults in the work place, offer awider range of housing opportunities, and make public transportation an option to insure a more independent future for these residents. 248 27 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: ST _ TEOms FOa SUCCESS Maintaining an independent lifestyle for senior adults. Develop the Senior AdultResume Clearinghouse. Housing needs assessment. Create public transportation opportunities. The Committee recommends the implementation of programs which allow senior adults to maintain anindependent lifestyle. This program should focus on employment needs as well as housing and transportation opportunities. The first strategy relates to seniors having access to employment opportunities and offering businesses a service which will join their special needs with the multitude ofexpefiences that seniors possess. This servicewould be comprised of a computerized clearinghouse for senior adults' resumes. The clearing- house service shall be offered in conjunctionwith the county' s Workforce Development Center, which is discussed on page 7. The service will be equally beneficial to seniors as it will be to businesses. During the Committee's interviews with major county employers, businesses informed the Committee that the workforce and employment needs are constantly changing. For this reason, many businesses seek to hire consultants and part-time employees. The Senior Adult Resume Clearinghouse can thus be utilized to connect adults seeking employment with companies which can make the optimum use of seniors' talents, experience, and flexiblework hours. Housing requirements for senior adults are often diSsimilar to those of younger households. During the Committee's discussionswithcounty's mental health and nursing home officials, it was found that the county does not possess an abundance of housing categories between single family and nursing home facilities, such as apartments for seniors, multi-family units near health care providers, congregate housing (apartment living environments without kitchens and acentral kitchen facility), andnursinghomes. Seniorsrequirethisrangeof housing needs which accommodate their transition from single family dwelling through nursing home stages. The Committee does not recommend that the county itself provide these facilities. However, thecounty should develop its Comprehensive Plan and land use ordinances to allow for these different residential categories. The Commit- tee recommendsthat duringthe county's five year review ofthe Comprehen- sive Plan, the County Health C enter Commission should report to the Planning Commission on the state of senior housing needs. The Planning Commission should considerthese housingneeds and opPortunities in order to encourage the ease of locatingthese housingtypes withinthe county. Public transportationwas a much discussed issuewith relation to senior residents and the needs of the conunnnity. Because Chesterfield' s population is spread over its 446 square miles, the topic was not limited to a discussion of bus and rail transportation. The Committee recommended that the potential for future public transportation be assessed every five years in conjunction with the review of the county-wide Comprehensive Plan. 249 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS EmplOyment opportunities are often closely related to workers being able t° obtain adequate day care services for children and the elderly. Addressing the day care and nursing home issue pertains to economic development in the county for two primary reasons. First, employees in the county must have access to adequate day care providers in order to establish a reliable work. force. Second, actuarially in the future, the health care industry Will increasingly become economically important to the community and its tax base. Foster additional assisted living facilities. There is currently a 194 bed nursing home facility in the county which is operated by the Chesterfield Health Center Commission. Existing plans are to increase this facilityto 388 beds by the year 1997. The newly expanded nursing home will possess state-of-the-art services and facilities which can be used for regional teaching programs in geriatric nursing ho spiral administration and physical therapy. The Committee recommends that the private sector business community assist in the devel- opment of the nursing home. This cooperation willbenefit all. Through joint training oppor- tunities, the nursing homewill benefit fi'. omthe use of the facility as a practical teaching laboratory. Individuals in the related health care professions will benefit through their access to modem teaching programs in a field with great potential for growth in the future. Businesses and their employeeswill benefit through the mod em programs provided at the nursing home. Assess day care needs. Similar to the county-wide review of senior adult housing needs, the Committee recommendsthat the Human Services AdrninistrationDepartment coordinate an assessment of the need for additional child and adult day care and nursing home facilities inthe count't. This assessment willbe conductedinconjunction with the review of the county' s Comprehensive Plan every five years. If additional day care and nursing home facilities are deemed neces- sary, the Planning Commission shall recommend strategieswithinthe county Comprehensive Plan and Zoning Ordinance to encourage the' increase of these facilities located in the county. During the Committee' s research, county hospital officials stated that within ten to twenty years, the hospital industrywill not be consistent with the traditional definition of a hospital. 250 29 ECONOMIC DEVELOPMBNT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Develop neighborhood community center. Hospitals will dramaticallyincreasethe amount of out-patient care, reducing the number of traditional hospital rooms needed. Due to this changeinthe industry, the Committee recommends that hospitals develop day care and nursing home facilities. In addition to this strat- egy, the Committee further concludes that the Chesterfield Economic Development Department should actively promote the county to child and adult day care and nursing home businesses. Throughthe abun- dance of child and adult day care facilities, the county's workforce will have accessible day care and the county will increase its tax base. The Committee found in its research that businesses which provide daycare services to its employees attract and retain distinguished workers. Businesses should be encouraged to develop in-house day. care facilities for their employees in order for the county to be able to possess the most elite workforce in the region. During the Committee's meetingswith the county' s human services officials, it was discussed that one current need of lower income nelghborhoodsistheestablishment of community centers. Thisneed exists for three primary reasons. First, many county youths do not have access to adequate recreational or activity areas. Second, many urban areas do not possess sufficient facilities to hold community meetings and other cMc activities. Lastly, withinlow-income areas, the county could provide on site services, such as health and social services, if there existed neighborhood facilities to house these programs. In 1992, the county became eligible to receive Community Develop- ment Block Grant funds, (C.D.B.G.). These federal funds can beused to assist in the improvement of facilities in low and moderate income areas of the county. The Committee recommends utilizing C.D .B.G. funds to establish community centers in low and moderate income areas of the county. These centers will beused for adult and youth services, county satellke facilities and cMc activities. One source of facilities for potential use as community centers are existing and future county schools which are no longer needed due to demographic changes or redistricting. The Committee further recommends that in the future design of schools, plans should be made for the conversion of school facilities to other uses, such as community centers. By using these obsolete facilities and utilizing C.D.B.G. fi. rods when eligible, the county can provide necessary neighborhood community centers with existing resources at minimal county cost. 25. ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOP. SUCCESS · Co Implement programs which will allow senior adults to maintain an independent lifestyle. Strategies Details Assist senior adults in the location of part-time employment and consulting opportunities. Develop zoning criteria to encourage the construction of housing for senior adults. Pursue oppormnitiesto develop publictranspor- tation in the county. I II · As a service of the Workforce Development C enter, create a clearinghouse for senior adult resumes. · Encouragevolunteer work within the county. · The Chesterfield Health Care Commission should report to thePlanning Commission, in connection with the five year review of the Comprehensive Plan, on the opportunities and needs for senior housing. · Such housing types to be considered within this review shall include apartments, congregate hom- ing, and nursing homes. · The Transportation and PlanningDepartments will analyze the need for public transportationin con- junction with the five year review of the Compre- hensive Plan. 252 ECONO~C DEW~OP~N'r ~ CI-IESTERFIELD COUNTY:. STRATEGIES FOR SUCCESS '2. I Foster additional child and adult day care and nursing home facilities in the county. Strategies A. Continue to encourage private sector assistance in the development of the current and future County nursing home. B. Promote additional private sectdr child and adult day care and nursing home care facilities in the Details · Utilize and promote the nursing home as apractical laboratory for geriatric nursing, hospital administra- tion, and physicaltherapy programs for area colleges anduniversities. · TheHuman Services Administration office will coordinate an assessment everyfiveyears, in conjunc: tion with the Comprehensive Plan review, regarding the need for additional child and adult day care and nursing home facilities. · Encourage hospitals to develop child and adult day careand nursing home facilities. · The Chesterfield EconomicDevelopment Department will actively market the county to child and adult day care and nursing home businesses. · Encourage businesses to explore and develop in- house day care facilities for their employees. I1 253 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS Establish Community Centers Strategies A. Utilize state and federal funds to locate citizen community centers. B. Promote the development of neighborhood community centers. C. Studythe future use of schools and other public buildings for community centers and other public uses. Details · Utilize CommunityDevelopment Block Grant funds to establish community centers. · Centers to be used for adult and youth services, county satellke facilkies and civic activities. · Identify potential community center skes in the ComprehensivePlan. · Allow for area youths to assist in the develop- ment of related actMties and programs. · In the future design of schools, plan for the conversion of school facilitiesto otheruses, such as community centers. Former schools, such as Kingsland Elementary, could be utilized for neighborhood community centers. 33 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUNTY: STRATEGIES FOR SUCCESS S Jcc :ssror Im, COMMITTEE RECOMMENDATIONS Strategic planning is a long-range and continuous process. The Committee's success depends upon its ability to improve existing conditions by providing visionary projections, approaches and recom- mendations. The success of this economic development report will be determined by the implemen- tation of its strategies. Ultimately, it is the responsibility of the community and the Board of Supervisors to implement the report's recommendations. This report will be presented to the Board of Supervisors on December 15, 1993. During this meeting~ implementation strategies and the Committee's subsequen.t role in this process will be discussed. In January 1994, the Committee will hold a public meeting to review the report and discuss poten- tial Board actions related to the report. By responding to the input of county residents, the Com- mittee hopes to create reports which reflect their needs and concerns and to develop a loyal citi- zenry who will contribute their visions of what Chesterfield should be in the future. 35 ECONOMIC DEVELOPMENT IN CHESTERFIELD COUN'rY: STRATEGIES FOR SUCCESS ACKNOWLEDGMENTS In preparing this report, the Committee met with numerous County officials and employees, includ- ing members of the Planning Commission, the School Board, the Budget and Management Depart- ment, the Economic Development Department, the Planning Department, and various human service departments. The Committee also met with members of the State Department of Adult Education, the Business Council, John Tyler Community College, and local business leaders. Without the assistance of these professionals, the Committee could not have accomplished its task. The Committee also received valuable input from a number of citizens who attended the various public meetings conducted after the preliminary draft of the report was prepared. During constituent meetings, focus group sessions, and other meetings, these citizens took the time to evaluate the preliminary outline of the report and offer comments and suggestions to the Committee. The Com- mittee wishes to thank those citizens for their assistance. This report would not have been possible without the dedicated and insightful help of the Committee's Strategic Planning Analyst, Lynne Wasz. Mrs. Wasz, with the assistance of Deborah Saltz, Tammi Phelps, and Claire Lau, devoted countless hours during all phases of the preparation of this report, and the Committee wishes to express its sincere gratitude for their help. 2157 37 BIBLIOGRAPHY The following Bibliography lists the articles, reports, books, and other written materials which the Committee utilized during its research of economic development. STRENGTHENING THE COUNTY'S WORKFORCE "Academic Performance Characteristics, In-State First-Time Freshmen at Virginia's State-Supported Institutions", 1991-92, Chesterfield, August 3, 1992. "Academic Performanee Characteristics, In-State First-Time Freshmen at Virginia's State-Supported Institutions", 1992-93 Chesterfield, August 1993. "Academic Performance Characteristics In-State First-Time Freshmen at Virginia's State-Supported Institutions~, 1992-93, State Summary, August 1993. "Admissions Booklet 1992-93", Cincinnati Technical College. "All One System, Demographics of Education Through Graduate School", Harold L. Hodgldnson, Institute for Educational Leadership, 1985. "Annual Report, Indiana Department of Workforce Development", May 1992. "Business and the Schools - The Failure and the Promise", Kathleen Sylvester, Governing, September 1992. "Catalog 1992-93", Cincinnati Technical College. "Community Colleges Discover They Are at the Right Place at the Right Time", Cheryl Fields, Governing, Febmary 1988. "Concerns in Education, Presenting and Analyzing Issues of Importance to School Officials", Educational Research Service, 1992. "Education Blueprints, A 1990's Guide for Rebuilding Education and Work. force Quality," Prepared by the Center for Workforee Preparation and Quality Education, 1992. "Education's Impact on Economic Development", May 4, 1993. "John Tyler Community College Foundation, 1992 Annual Report", John Tyler Community College. "Investment in the Future, Plan for Action", Chesterfield County Public Schools, May 1990. "Learning a Living: A Blueprint for High Performance, A SCANS Report for America 2000", The Secretary's Commission on Achieving Necessary Skills, U.S. Department of Labor, April, 1992. "Metro Richmond 2000, An Education Strategy", Metro Richmond 2000 Steering Committee, 1991. "New Frontiers for Lifelong Learning, Redefining the Possible Achieving the National Education Goals,' National Governor's Association. "Outlook 2005: More Options, Better Prospects", Monthly Labor Review, November 1991. "Progress Through Lifelong Learning for Virginians", Virginia Department of Education, Summer 1991. "Progress Through Lifelong Learning for Virginians", Virginia Department of Education, Winter 1991. 39 STRENGTHENING THE COUNTY'S WORKFORCE (continued) "Project Awareness: A Model for Business/Education Parmership", Deborah D. Hinton, Project Coordinator, Submitted for the National Association of Partners in Education Conference, November 1992. "Real World 101", Vir inia BUsiness May 1993. "Status Report of the Outcomes Project", The Fairfax Framework for Standards, Governor's Conference on Adaption, July 1992. "The Virginia Plan for Strengthening the Commonwealth's 21st Century Workforce", Governor's Advisory Committee Workforce Virginia 2000: A Partnership for Excellence, March 1991. "What Work Requires of Schools, Executive Summary, A SCANS Report for America 2000% The Secretary's Commission on Achieving Necessary Skills, U.S. DePartment of Labor, June, 1991. "Where Will All the Smart Kids Work?", Frank Levy and Richard $. Murnane, APA Journal,, Summer 1992. Chesterfield County Public Schools, High School Course Offerings 1992-93. Chesterfield County Public Schools, High School Course Offerings 1993-94. Jerome Pratter and Susan Uchitelle, Script from a Presentation at the American Institute of Planners convention, September, 1978. VSBA Newsletter, News from the Virginia School Boards Association, February 1992. Virginia Council for Adult Education and Literacy Enabling Legislation, 1992. GROWTH AND DEVELOPMENT - Land Use Planning "A Followup Survey Virgfnia, Commission on Poptflation Growth and Development", 1993. "A Synopsis of Existing and Proposed Adequate Public Facilities Ordinances in Maryland", Maryland Office of Pla~nlng, January 1991. "Do Growth Controls Work? A New Assessment", John D. Landiss, A_PA Journal, Autunm 1992. "Eight Stat~-Sponsored Growth Management Programs - A Comparative Analysis", Dennis E. Gale, Apg. Journal, August 1992. "Enterprising Approaches, Strategies for Growth", City and State, February, 1993. "Growth Management: Satan or Savior? Regulatory Barriers to Affordable Housing", Anthony Downs, APA Journal, Autumn 1992. "Issues and Methods of Growth Management and Planning", Institute for Environmental Negotiation, Campbell Hall, University 6f Virginia, 1986. "Key Provisions in Enterprise Zone Proposals Affecting Cities", Nation's Cities Weekly., June 1992. "Managing Maryland's Growth: What You Need to Know About the Planning Act of 1992% The ~,/mryland Economic Growth, Resource Protection and Planning Act of 1992. "On the Progression of Impact Fees", James C. Nicholas, APA Journal, August 1992. 40 GROWTH AND DEVELOPMENT - Land Use Planning (continued] ~Plan for Chesterfield, Selected Goals and Policies, Southern and Western Area' Plans", Chesterfield County Planning Department, 1993. 'Report of the Commission on Population Growth and Development, To the Governor and the General Assembly of Virginia", House Document No. 72, Commonwealth of Virginia, Richmond, 1993. ~ State Growth Management, Intergovernmental Frameworks and Policy Objectives~, Scott A. Bollens, APA ~ournal, August 1992. ~Support for State's Proactive Role in Planning~, Virginia Viewpoint, ¥irginia Land Use Digest., Spring 1992. ~Tentative Outline of Chesterfield County Riverfront Plan~, Chesterfield County Planning Department, May 1992. ~The Challenge of Growth~, Virginia Comm/ssion on Population Growth and Development, October, 1991. 'The Dillon Rule in Virginia: What's Broken? What Needs to be Fi×ed?~, University oF Virginia Newsletter, Suly/August 1992. ~The Future Development of the Commonwealth: Sustaining, Managing and Generating Grov~th', University oF Virginia Center for Public Service Newsletter, December 1992. CRv oF San Bernardino Development Code, Title 19-City of San Bernardino, 1992. Planning in Virginia, ~Growth Management in Virginia', November 1992. GROWTH AND DEVELOPMENT - Tax Base "1992 Industrial Director", Department of Economic Development, Chesterfield County, Virginia 1992. "A Guide to Services", Tourism Development Group, Virginia Department of Economic Development, November 199 I. "A Review of Bureau Economic Analysis Projections of Population, Employment and Income, 1995-2040", Gerard W. Ward, University of Virginia Center for Public Service, 1991. "Business Assistance", David N. Allen and Eugene Bazan, Economic Development Commentary, Spring 1990. "Business Retention to Stimulate Economic Growth", Robert J. Parsons and Albet M. Kanahele, Economic Development Commentary, Fall 1990. "City of Richmond, Virginia, 1990-91 Annual Report", Richmond Department oF Economic Development, 1990. "Community Development Finance" Tools and Teelmiques for National Banks", Comptroller of the Currency, Administrator oF National Banks, March 1989. "Community Development Investments", Board of Governors of the Federal Reserve System, 1991. "Cost Calculations for Schools, Parks, Libraries, and Fire Stations, Chesterfield County Budget and Management, 1991. 260 41 GROWTH AND DEVELOPMENT - Tax Base (continued) "Estimated Tax Bills for Eight. Industries in Emporia, Greensville, and Nearby Localities in Virginia and Northern Carolina", John L. Knapp, Andrew $. Holliday, and Daniel J. Zabinski, University of Virginia Center for Public Service, 1989. "Forecasting Sales Tax Revenues", William F.. Fox, Professor of Economies, University of Tennessee, GFOA Budget Bulletin, September 1992. "Funding for Economic Development", Commonwealth of Virginia, Department of Housing and Community Development, December 1991. "Grounds for Locating Your Business in One of the Best-Run Counties in America", Henrieo County Industrial Development Authority. "Hanover County-Where it all comes together.", County of Hanover, Department of Economic Development. "High Technology and Eeonomio Development in Virginia's Urban Crescent", Virginia Council for Urban Economic Development, October 1992. "Impacts of Development on DuPage County Property Taxes", DuPage County Development Department, January 1992. "Is Virginia a High Tax State?", Virginia Education Association Research Service, October 1992. 'Linkage Fees", James Unger, Economic Development Commentary_, Commentary, Spring 1990. "Local Taxation in Virginia",/Iohn L. Knapp and Tyler J. Fox, University of Virgina Center for Public Service News Letter, March 1992. "Rekindling the Future", Alan $. Gregermun, Economic Development Commentary_, Winter 1991. "Sate/Local Relations and Service Responsibilities, a Framework for Change in the 1990's and Beyond", Joint Legislative Audit and Review Commission, December 1992. "Tax Increment Financing, a Tool for Revitalizing Virginia's Downtowns", Planning Assistance Office of the Virginia Department of Housing and Community Development, July 1989. 'The Dillon Dilemma", Dennis Montgomery, Virginia Business, December 1992. 'Worksession on Cash Proffers to Determine the Payment Per Lot for FY1993", Chesterfield County Board of Supervisors Meeting, May 27, 1992. "Virginia's Fight for a Strong Economic Future", Cathleen A. Megennis, Virginia Town and City, February 1993. "Virginia Small Business Financing Authority Export Financing Initiatives", Cynthia Arrington, Virginia Small Business Financing Authority, 1991. 26i 42 RES[DENTS' NEEDS AND THEIR IMPACT ON ECONOMIC DEVELOPMENT "Board Turns Planners Loose on Greenway", David Breidenbach, Progress Index, August 29, 1992. NGrowing Up In the Nineties in Chesterfield County: ]991 Youth Needs Assessmenff, Office on Youth and Youth Services Commission, Chesterfield County, Virginia, December, 1991. NHuman Services Automation Planning Session FY1994-FY1998~, Information Systems Technology Department, Chesterfield County, Virginia. "Metro Richmond Greenways Worksliop Report", Department of Conservation and Recreation, Commonwealth Of Virginia, June 1992. "The 1989 Virginia Outdoors Plan, Executive Summary: Department of Conservation and Recreation, Commonwealth of Virgin{a, 1989. "The Status of Latchkey Children and School-Aged Child Care Services in Chesterfield County", A Study Conducted by the Chesterfield County Latchkey Task Force in Cooperation with the Chesterfield County Youth Services Commission and Office on Youth, September, 1988. Vir~nia Comprehensive Services Act-Executive Summary, 1992. American Association of Retired Persons, A Change for the Better - How to Make Communities More Responsive to Older Residents, AARP. The Atlanta Regional Commission, The Human Services Investment Strate~, The Alliance for Human Services pls,~,~ing, July 1990. VirE{nla Comprehensive Services Act-Executive Summary, 1992. MISCELLANEOUS RESEARCH "A Decade of Change, the 1990 Census Report", Chesterfield County Planning Department, January, 1993. "A Focus on Our Future", Metro Richmond Chamber of Commerce, Chesterfield Sub-Committee, July 1992. "Cities of the Next Century", Raymond Vernon, APA Journal, Winter 1991. "Des Moines and the Vision Thing", Mary Leu Gallagher, Planning, December 1991. "Focus on Our Future", Richmond Metro Chamber of Commerce, 1991. "Future Vision Project: Clifton, New Jersey Prepares for the 1990's", Roger L. Kemp, 1991. "Ideal Urban Form and Visions of the Good Life Florida's Growth Management Dilemma", Ivonne Audirac, Anne H. Sbermyen, and Mare T. Smith, APA Journal, Autumn 1990. "Obstacles in the Future of U.S. Cities", Anthony Downs, APA Journal, Winter 1991. "Promoting Economic Development, Urban Planning in the United States and Great Britain", Susan S. Fainstein, APA Journal, Winter 1991. 262 43 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: December 15, 1993 Item Number: Page i of~_... 14.B. Subject! Resolution Recognizing Mr. Christopher K. Wheeler for His Service as Community Manager of the Brandermill Community Association Count~' Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: Mr. Warren has requested the Board adopt a resolution recognizing Mr. Christopher K. Wheeler for his service as Community Manager of the Brandermill Community Association. Mr. Wheeler will be present to accept the resolution. See attached. Preparer: ~_~/~./JT~.~/~f_~ Theresa M. Pitts Attachments: Yes [--] No Title: Clerk to Board of Supervisors RECOGNIZING MR. CHRISTOPHER K. WHE~r.~ FOR HIS SERVICE AS COMMUNITY MANAGER OF THE BRANDERMILL COMMUNITY ASSOCIATION WHEREAS, Mr. Christopher K. Wheeler has been Community Manager of the Brandermill Community Association since 1987; and WHEREAS, Mr. Wheeler guided the direction of the Association by computerizing its operation; designing and building a reserve fund for repair and replacement of buildings, equipments, and amenities; establishing written practices and procedures for the Association; overseeing The Village Mill, a nationally recognized model for newsletters; and ensuring consistency in the architectural review and covenant enforcement process; and WHEREAS, The Association transitioned from developer involvement to an independent and mature community; responsibly managed resources to ensure sound financial management; provided training programs for Association employees in an effort to better serve the community; and negotiated a contract with the County's Police Department to provide additional law enforcement coverage; and WHEREAS, Mr. Wheeler is a member of The Community Associations Institute (CAI); past President of the CAI Central Virginia Chapter; Secretary of the Swift Creek Professional Advisory Group; member of the Metropolitan Richmond Chamber Future Focus Group; and actively involved in other CAI affiliations as well as being a member of the Brandermill Rotary Club; and WHEREAS, Under Mr. Wheeler's leadership, the Brandermill Community Association was awarded the "Community Association of the Year" Award for 1989 and 1990; was named one the best ninety-nine communities in the United States; and was selected to host the prestigious national Large Scale Managers Workshop and Conference; and WHEREAS, Mr. Wheeler and the Association have worked with County staff on various projects ranging in nature from zoning and transportation issues to utility/watershed issues related to Swift Creek Reservoir. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors does hereby acknowledge the community leadership of Mr. Christopher K. Wheeler and extends its best wishes for success to him in his future endeavors. 266 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page ~___of 1 14 .C.1. &. Subiect: Resolutions Recognizing Mr. W. Chris Andrus and Mr. Kristopher Ryan Spivey Upon Attaining the Rank of Eagle Scouts Count}/Administrator's Comments: CountyAdministrator: BoardAcfion Requested: Summary of Information: Staff has received requests for the Board adopt resolutions recognizing Mr. W. Chris Andrus, Troop 897, sponsored by Mount Pisgah United Methodist Church (resides in Midlothian District), and Mr. Kristopher Ryan Spivey, Troop 852, sponsored by the Church of Jesus Christ of Latter Day Saints (resides in Dale District), who have attained the rank of Eagle Scouts. They will be present, accompanied by members of their family, to receive the resolutions. See attachments. Preparer: ~.~c/~. ~0.1~'.* Theresa M. Pitts Attachments: Y~$ ~-] No Title: Clerk to Board of Supervisors 26? RECOGNIZING MR. W. CHRIS ANDRUS UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, 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. Chris Andrus, Troop 897, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Chris is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Chris Andrus and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING HR. KRISTOPHER RYAN SPIVEY UPON HIS ATTAINING RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, personal development, and fitness of individuals; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of fields, 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. Kristopher Ryan Spivey, Troop 852, 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 received by less than two percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and priding himself on the great accomplishments of his County, Kristopher is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Krlstopher Ryan spivey and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS December 15, 1993 AGENDA Item Number: Page 1 of_~L 14.D. Subject: Resolution commending the Metro Richmond League of Women Voters on a successful "State of the Metro Area" dinner. County Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: Mr. Warren has requested the Board adopt a resolution recognizing the Metro Richmond League of Women Voters for their sponsorship of the first annual "State of the Metro Area" dinner which Chesterfield hosted on November 30, 1993. Ms. Donna Reynolds, Program Chairman for the dinner, will be present to accept the resolution. Preparer: f~ ~_.,, ~ Title: Attachments: Yes ~ No Executive Assistant 2 7 O RESOLUTION Commending the League of Women Voters of the Metro Richmond Area on a successful first annual "State of the Metro Area" Dinner WHEREAS, the League of Women Voters of the Metro Richmond Area is a nonpartisan organization that promotes political responsibility through informed and active participation of citizens in government and acts on selected governmental issues; and WHEREAS, on November 30, 1993 the League sponsored the first annual "State of the Metro Area" dinner involving the localities of Chesterfield, Hanover, Henrico and Richmond; and WHEREAS, the first annual "State of the Metro Area" dinner was held in Chesterfield County and at the request of the League, Chesterfield was honored to serve as host for the dinner; and WHEREAS, the focus of the dinner was on "Transportation Opportunities and Challenges" covering such topics as Transportation Planning, Public Transportation, Transportation for Special Populations, and High Speed Rail; and WHEREAS, some 300 citizens, community leaders, elected officials and business leaders from the Metro Richmond area attended the program sponsored by the League; and WHEREAS, the "State of the Metro Area" dinner provided another opportunity to further regional cooperation and promote building relationships in Central Virginia. NOW, THEREFORE, BE IT RESOLVED that Chesterfield County Board of Supervisors recognizes Donna Reynolds and the League of Women Voters of the Metro Richmond Area for its efforts on behalf of the Metro Richmond Community and commends the League on a successful first annual "State of the Metro Area" dinner. 27i Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS November 24, 1993 AGENDA Item Number: Page 1 of,,3 Subject: Resolution Recognizing December 1993 as being "National Drunk and Drugged Driving Prevention Month" Count~r Administrator's Comments: County Administrator: BoardAction Requested: I respectfully request that the Board of Supervisors proclaim that the County recognizes December 1993 as being "National Drunk and Drugged Driving Prevention Month." Summary of Information: Agencies throughout Virginia will be initiating activities during December 1993 to focus attention on the problem of drunk and drugged driving and ways to prevent this antisocial behavior. The ultimate goal of the 3D's, Don't Drink and Drive, is to save lives. A proclamation from the Board of Supervisors would add a valued endorsement to all other efforts. lonel J. E. Pittman, Jr. Attachments: ~ Yes Title: No Chief of Police 27Z CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,000 U.S. highway deaths annually; and WHEREAS, there were 13,830 alcohol related crashes in Virginia in 1992 resulting in 379 fatalities and 11,493 injuries; and WHEREAS, nationwide, alcohol is involved in nearly half of all traffic fatalities; and WHEREAS, injury and propertY damage resulting from impaired driving cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and WHEREAS, a decade of intense public education effort has proved that alcohol related highway crashes are not accidents and can be prevented; and WHEREAS, comprehensive community-based strategies to further reduce and prevent impaired driving tragedies are known. NOW, THEREFORE, BE IT RESOLVED, the Chesterfield County Board of Supervisors do hereby proclaim December 1993 is National Drunk and Drugged Driving Prevention Month in Chesterfield County, in the Commonwealth of Virginia. The Board of Supervisors call upon all citizens, government agencies, public and private institutions, businesses, hospitals and schools in Chesterfield County in the Commonwealth of Virginia to promote awareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens. 278 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA ] 5, ] 993 Item Number: Page 1 of.,,,,1 15.A. 1.-5. Subject: Public Hearing to Consider Proposed Charter Amendments Count~' Administrator's Comments: CountyAdministrator: BoardAction Requested: Public hearing on proposed Charter amendments Summary of Information: This time has been set for a public hearing to consider proposed Charter changes to be taken to the 1994 General Assembly. A list of the proposed Charter changes is attached. Steven L Micas Attachments: County Attorney 5603.1(5521.3) Yes No # 274 [ List of Proposed Charter Changes Amend Section 4.2 of the Charter to provide for the appointment of Deputy County Administrators by the County Administrator upon the approval of the Board of Supervisors. Amend Section 6.1 of the Charter to provide for a separately-recognized Department of Economic Development. Amend Section 6.6 of the Charter to include the Director of the Department of Economic Development among County officials who meet periodically to coordinate the financial needs of the County. Amend Section 6.12 of the Charter to permit the county's Internal Auditor conduct audits of constitutional officers. Amend Section 6.13 of the Charter to provide for a Department of Economic Development. Amend Section 8.1 of the Charter to provide that newly appointed School Board members serve terms to run concurrently with the terms of Board members. New appointments will be made for shorter time periods based on the election cycle until all members' terms run concurrently. 276 CHAPTER 4. COUNTY ADMINISTRATOR. Section 4.2. Duties and responsibilities. The county administrator shall have all the responsibility and shall carry out all the duties prescribed by Section 15.1-117 of the Code of Virginia, as now and hereafter may be amended and in addition, such other duties and responsibilities as may be established by the board of supervisors. The county administrator shall devote his full time to the work and services of the county under the direction of the board of supervisors to whom he shall be accountable. He need not be a resident of the county at the time of his appointment but must become an actual resident of the county within a time prescribed by the board. Any person, other than a member of the board, holding an elective office may be appointed county administrator but his qualification for office shall not be valid until the expiration of one year from the time he shall resign his elected office. In the case of the absence or disability of the county administrator, the board shall designate a county official to perform the duties of his office. In addition to such responsibilities, it shall be the duty of the county administrator: (1) To execute and enforce all lawful resolutions and orders of the board concerning any department in the county government, and to see that all laws of the Commonwealth required to be enforced through the board are faithfully executed. (2) To make reports to the board in regard to matters of administration, and keep it fully advised as to the financial condition of the county. (3) To appoint qualified officers and employees to head the administrative departments of the county and to dismiss, suspend and discipline, in accordance with duly adopted personnel regulations, all officers and employees in such departments, except as otherwise specifically provided by law or this charter. Department heads who are appointed by the county administrator shall serve at the pleasure of the county administrator. Deputy county administrators shall be appointed by the board cf superAscrs County Administrator upon the ........ ~n.:.,,, approval of the ..... *" '-~'~:~*-'~*~" Board of Supervisors. o0o 1000:5521.3 -1- 276 CHAPTER 6. ADMINISTRATION Section 6.1. Creation of departments. The following administrative departments are hereby created: (1) Department (2) Department (3) Department (4) Department (5) Department (6) Department (7) Department (8) Department (9) Department of County Attorney. of Budget and Accounting. of Police. of Fire. of Planning. of Social Services. of Mental Health and Mental Retardation. of Health. of Economic Development. The board of supervisors may create new departments or divisions or combine or abolish existing departments and distribute the functions thereof or establish temporary departments for special work, provided, however, that neither the county administrator nor the board shall have the power to abolish, transfer or combine the functions of the constitutional officers, public school functions or the departments created by this section. o00 Section 6.6. Department of budget and accounting. The county treasurer, the commissioner of revenue and the director of budget and management and the director of accounting shall collectively be responsible for carrying out the fiscal and financial affairs of the county as defined by the board of supervisors and the Code of Virginia. The treasurer shall be the custodian of all public moneys of the county and shall have such powers and duties as are provided by the Constitution and general law. He shall perform such other duties as may be assigned by the board not inconsistent with his responsibilities under the Constitution and general laws of the Commonwealth. The commissioner of revenue shall perform such duties regarding the assessment of property and licenses and the collection of other taxes as provided by the Constitution and general 1000:5521.3 -2- 277 laws of the Commonwealth. He shall perform such other duties as may be assigned by the board not inconsistent with his responsibilities under the Constitution and general laws of the Commonwealth. The director of budget and management shall perform such budgeting and financial responsibilities as are required by the Code of the County of Chesterfield, 1978, as amended, and as directed by the county administrator, so long as such responsibilities are not in conflict with general law. The director of accounting shall perform such accounting and financial responsibilities as are required by the Code of the County of Chesterfield, 1978, as amended, and as directed by the county administrator, so long as such responsibilities are not in conflict with general law. The county treasurer, commissioner of revenue, director of budget and management~ and the director of accounting, and the director of economic development shall meet periodically but not less than four times a year to coordinate the financial needs of the county and each such officer shall cooperate fully with the other fiscal officers to efficiently and effectively perform the duties placed on such officer. (Acts 1990, ch. 546, Section 1) 00o Section 6.12. Internal auditor. The internal auditor shall be responsible for providing internal accounting and auditing controls to assure compliance with applicable laws, contractual obligations and accepted accounting practices to safeguard against loss or inefficiency. In conjunction with the County's independent auditor the internal auditor may also conduct audits of the accounts and records of the sheriff, commissioner of revenue, commonwealth attorney and treasurer regarding revenue derived from county_ activities. Such internal auditor shall have access to all county records or documents subject to applicable law provided, however, that the internal auditor shall comply with all confidentiality provisions set forth in the Code of Virginia, § 58.1-3. (Acts 1989, ch. 750, Section 1) Section 6.13. Department of Economic Development. The department of economic development shall consist of a director and such officers and employees organized in such a manner as ma_,/be provided by the County Administrator. The department shall be responsible for administering a comprehensive economic development program which focuses on attracting new businesses to the county and expanding existing businesses. In addition to these duties, the department shall perform such other responsibilities as may be assigned by the County Administrator or board of supervisors. 1000:5521.3 -3- 27a 00o CHAPTER 8. EDUCATION Section 8.1. Appointment of school board members. Beginning January 1, 1988, and continuing thereafter, the school board of the county shall consist of five (5) members to be appointed by a majority vote of the full board of supervisors, one (1) member from each magisterial district. Prior to the appointment of any school board member the board of supervisors shall hold a public hearing in the magisterial district for which the appointment shall be made. At such public hearing, any person interested in such appointment shall identify himself. The supervisor from such magisterial district shall, and other members may, nominate an applicant for the appointment who identified himself at the prior public hearing. The members of the school board in office on the effective date of this section shall continue in office for the tem'~s fcr until January 1, 1996 and _.,.:,a... ~.~ ,~,~.~..j ........... ...~... ~,.~...~.~..~"'~a .~.~""~ all members appointed after the effective date of this section shall serve terms that are concurrent with the terms of the current board of supervisors and that expire on January 1, 1996. LThereafter., selection of school board members shall be for four-year terms to run concurrently with and expire at the end of the term of the then current board of supervisors, provided that no member shall serve more than two (2) full four-year terms and in no event shall any member serve more than ten (10) years. If the size of the board of supervisors is revised, the size and composition of the school board shall be changed so that the number of its members shall be consistent with the new size of the board of supervisors. Except as provided for herein, in all other applicable respects the provisions of the Constitution and general laws of the Commonwealth shall apply with respect to the appointment of school board members. Notwithstanding the provisions set forth herein all terms and conditions of Section 22.1-60 of the Code of Virginia shall be complied with by the county. 1000:5521.3 -4- P~O. BOX 85333 RICHMOND, VIRGINIA 23293-0001 (804) 649-6000 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA I3ooomhor ] 5, ] 993 Item Number: Page ~..L_of 2 Subject: Public Hearing to consider an Amendment to the Chesterfield County Code restricting leaf burning dates and times. Count~, Administrator's Comments: CountyAdministrator: ~ BoardAcfion Requested: Staff recommends adoption of an amendment to the Chesterfield County Code as it relates to leaf burning dates and times. Summaryoflnformation: The Chesterfield County Code limits the open burning of leaves to the hours between 8:00 a.m. on Monday and noon on Friday, from March 15 through April 15 and from November 15 through December 15. Leaf burning is further restricted to the hours between 4:00 p.m. and midnight when it occurs within 300 feet of any woodlands. The Virginia Department of Forestry has requested that the County amend the restriction on leaf burning within 300 feet of woodlands to make it consistent with State law, in order to assist them in their efforts to uniformly enforce Virginia's forestry laws. In response to the Forestry Department's request, staff is proposing that the Board change the County's ordinance by reducing the March 15 through April 15 leaf burning hours to the hours between 4:00 p.m. and midnight and by eliminating the special category of burning within 300 Continued bteven L. Micas v - Attachments: Yes ~ No Title: County Attorney 0905:4010.Z/4bllS.l 280 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information: (Continued) feet of woodland. This will make the County's ordinance consisten with state law, which restricts burning within 300 feet of woodlands to the hours of 4:00 p.m. to midnight when the burning takes place between March 1 and May 15. Although the proposed amendment will, in effect, reduce by 16 hours per day the number of hours County residents may burn leaves during the March 15 to April 15 open burning period, it will provide a clearer statement of permissible burning hours, eliminate public misunderstanding about maintaining proper clearance for open burning, and make the County Code provisions compatible with State forestry laws. Richard Neuse, Chesterfield forester with the Virginia Department of Forestry will be present at the public heraing to explain the State's request. This ordinance will be effective commencing January 1, 1994. 0905:4616.2/4618.1 28i AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTION 10-25 RELATING TO PERMISSIBLE AREAS AND TIMES FOR THE OPEN BURNING OF LEAVES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-25 of the Code of the Count_ of Chesterfield, 1978, as amended, is amended and reenacted to read as follows: Sec. 10-25. Leaf burning dates and times. (a) It shall be unlawful for any person in the county to burn leaves from trees on property where they reside, except: From March 15 to April 15 from 4:00 p.m. to midnight Monday through Thursday and from November 15 to December 15 from 8:00 a.m. on Monday to noon on Friday. ^ ....... *' ~' .... ~ ~'~ -"-* ~- .... ~**,~-, ,,,-~ ~...~,~,.~,~ r-mm ~, 000 That this ordinance shall become effective December 31, 1993. 0905:4618.1 282 P,O. BOX 85333 RICHMOND, VIRGINIA 23293-0001 /8041 649-6000 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Item Number: Page I of.,,,2 15 .C. Subject: Public Hearing to Amend Zoning Ordinance Relative to Administrative Variances County Administrator's Comments: CountyAdministrator: BoardAction Requested: Planning Commission and staff recommends that the Board of Supervisors adopt the attached zoning ordinance amendment relative to Administrative Variances. Summary of Information: Currently, the Board of Zoning Appeals (BZA) has jurisdiction to grant all Variances. Title insurance companies have begun verifying setbacks for existing structures which can delay a real estate closing for two (2) to three (3) months if a variance is needed. Frequently, the building has been in place for several years. In the fifteen (15) to twenty (20) such requests that the BZA is hearing each year, there is rarely any opposition, staff typically recommends approval and the BZA typically grants the request. To provide better customer service, i.e...reduced cost and processing time, the County asked the General Assembly for a Charter change. The General Assembly has amended the County Charter to permit the Planning Director to administratively grant a Variance of not more than two (2) feet from any building setbacks set forth in the Zoning Ordinance. The Charter Amendment authorizes the granting of such a Thomas E. J Attachments: Yes ~ No Director of Planning 283 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page ~- of: Summary of Information: (Continued) Variance if the following findings are made: 1. The strict application of the Ordinance would produce undue hardship; 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3. The authorization of such Variance will not be of substantial detriment to adjacent property; and 4. The character of the zoning district will not be changed by the granting of the Variance. The attached Zoning Ordinance amendment establishes the following procedure for administrative variances: 1. The applicant may elect to seek a variance of up to two (2) feet from either the BZA of the Director of Planning. 2. The applicant pays a fee of $230 for an administrative variance ($570 for a BZA variance). 3. The property will be posted. 4. Adjacent property owners will be notified. 5. A decision will be made by the Director of Planning not less than fourteen (14) days after the application was submitted. 6. An appeal of the Director's decision may be filed with the Circuit Court. AN ORDINANCE TO A/Y~END THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 21-3, 21-9, 21-15, 21-17, 21.1-14, 21.1-17, 21.1-281 AND ADDING A NEW SECTION 21-16.1 AND A NEW SECTION 21.1-15.1 RET,A_TING TO ADMINISTRATII~E VARIANCES GRANTED BY THE DIRECTOR OF PLANNING AND FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 21-3 of the Code of the County of Chesterfield, 1978, as amended~ is amended to read as follows: Sec. 21-3. Definitions. ooo Variance, Administrative - A variance of not more than two (2) feet from any building setback requirement granted by the director of planning when he finds in writing that (1) the strict application of the ordinance req~i~ement would produce undue hardships (2) such hardship is not shared generally by other properties in the same zoning district and th~ same vic~nityl and (3) the authorization of such variance will not be of substantial detriment to adjacent property, and the character of the zoning district will not be changed by the gran~ng of the valance. (2) That Section 21-9 of the Code of the County of Chesterfield, 1978, as amended: is amended to read. as follows: Sec. 21-9. Fees for hearings. 000 (c) 21.1-17. All other fees shall be imposed in conformity with Chapter 21.1., section o00 (3) That Section 21-15 of the Code of the County of Cheste~field: 1978~ as amended~ is amended to read as follows: Sec. 21-15. Powers and duties. The board of zoning appeals shall have the following powers and duties: (a) Except as provided for in section 21-16.1 ~ t~o hear and decide appeal m from any order, requirement, decision or determiuation ~made by an administrative officer in the adm~uistration or enforcement of t/zis chapter. 1000:4424.3 -1- (10/14/93) (b) Except as provided for in section 21-16.1, t~o authorize upon appeal or original application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that. the spirit of this chapter shall be observed and substanl~Al justice done, as. follows: 000 (c) Except as provided for in section 21-16.1, t~o hear and decide appeals from the decision of the director of planning. No such appeal shsll be heard except after notice and hearing as provided by Code of Virginia, section 15.1-431. 000 (4) That Section 21-16.1 of the Code of the County of Chesterfield~ 1978, as amended, is added to read as follows: Sec. 21-16.1. Director of PlAnning - Authority to Grant Admini.~trmtive YariA~ces. (a) At the time an application is submitted, the applicant shall elect whether to seek an administrative vat, ce as set forth in this section or whether to seek a variance as set forth in section 21-16 of this chapter. If the applicant fails to make such an election~ his application will be processed under the procedure set forth in this section. (b) The director of plAnnlng my E~2ant anadmiuis.trmtive variance of not more than two (2) feet from any building setback requirement contained in this chapter. No such administrative variance sba11 be authorized by the director of planning unless he makes the following findings in writing: (1) that the strict application of the ordinance requirement would produce undue, hA~dship~ (2) that suctt hardship is not sbAwed generally by other properties in the same zoning district and the same vicinity$ and (3) that the authorization of such adminiatrative v~mnce will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the administrative var~an~ce. (c) Any application for an administrative variance described in this section shall be made in accordance with the provisions of Chapter 21.1, section 21.1-16. (d) The director of planning, or his agent, shall, at least seven (7) days before acting on any application, made pursuant to thi.~, section, post on the land or building involved a notice of the application as follows: (1) Said notice shall be posted at reasonable interval.~ Mnng streets abutting the subject property or , if there is no abutting street, then at the proposed public street entrance to the property. The notice shall, be posted in locations so as to be reasonably v~sible from public roads. (2) The validity of any action on an application shall not be Affected by the unauthorized removal of a notice which has been duly posted in accordance with this section. 1000:4424.3 -2- (10/14/93) 286 (e) The director of planning or his agent shall send written notice of an application made pursuant to this action to adjacent property owners by registered, certified or first class mail ten (10) days before acting on any application made pursnant to this section. The notice shall specify that the director of planning will approve or disapprove the application not less than fourteen (14) days after the date of submission of the application. If such written notice is provided by first cl~s mail, the director of planning or his agent shall make affidavit that such notice has been sent and filed such. affidavit with the application. (f) The director of planning shall approve or disaplorove an application made pursuant to this section not less than fourteen (14) days after the date of submission of the application. (g) Any appeal of the final decision of the director of planning on an application for an administrative variance shall be made to the circuit court of the county within forty-five (45) days after the date of the final decision and. shall be in writing and specify the grounds therefor. (6) That Section 21-17 of the Code of the County of Chesterfield, 1978, as amended, is amended to read as follows: Sec. 21-17. Appeal~ to board. Except as provided for in section 21-16.1, ~ appeal to the board of zoning appeal.~ may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the director of planning. Such appeal sha]l be taken wi!bin thirty (30) days after the decision appealed from by filing with the director of planning, and with the board of zoning appeals, a notice of appeal specifying the grounds thereof. The director of planning s]~all forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed, from was taken.. An appeal shall stay all proceeding,rs in furtherance of the action appealed from unless the director of planning certifies to the board of zoning appea!~ that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order grauIed by the board of zoning appeals or by a court of record, on application and on notice to the director of planning and for good cause shown. OOO 1000:4424.3 -3- (10/14/93) 28'," (7) That Section 21.1-14 of the Code of the County of Chesterfield, 1978~ as amended, is amended to read as follows: Sec. 21.1-14. Board of zoning appe-l.~ - Power and duties. ooo (a) Except as provided in section 21.1-15.1 and in article IX, the board of zoning appeals shall hear and decide appeals from any order, requirements, decision or determination made by an administrative officer in the adminimtration or enforcement of this chapter as follows: 000 (c) Except as provided for in section 21.1-15.1 and in article IX, the board of zoning appeals shall hear and decide appeals from the decision of th~ diwector of planning. No such appeal shall be heard except after notice and hearing as provided by section 21.1-18. o00 (8) That Section 21.1-15.1 of the Code of the County of Chesterfield, 1978 as amended, is amended to read as follows: Sec. 21.1-15.1. Director of Planning - Authority to G~ant Administrative Ya~ances. (a) At the t~me an application is submitted, the applicant shall, elect whethmr to seek an administrative variance as set forth in this section or whether to seek a variance as set forth in section 21.1-14 of thi.~ nhapter. If the applicant failm to make such an election, his application will be processed under the procedure set forth in this section. (b) The director of planning may ~mnt an administrative variance of not more than two (2) feet from any building setback requirement contained, in this nhmpter. No such administrative variance shall be authorized by the director of planning unless he makes the following findings in writing: (1) that the strict application of the ordinance requirement would produce undue hardship) (2) that such hardship is not shared generally by other properties in th~ same zoning district and the same vicinity; and (3) that the authorization of such administrative variance will not be of substantial detriment to adjacent property, and that the chawacter of the zoning. district will not be changed by the granting of the administrative variance. (c) Any application for an admini.~tz~ative variance described in thin section shall be made in accordance with the provisions of Chapter 21.1, section 21.1-16. (d) The director of planning, or hi~ agenI, shall, at least seven (7) days before acting on any application made pursuant to this section, post on the Land or building involved a notice of the application as follows: (1) Said notice shall be posted at reasonable intervals along streets abutting the subject property_ or, if there is no abutting street, then at the proposed 1000:4424.3 -4- (10/14/93) public street entrance to the property. The notice shall be posted in locations so as to be reasonably visible from public roads. (2) The validity of any action on an application shall not be affected by the unauthorized removal of a notice which, has been duly posted in accordance with this section. (e) The director of planning or his agent shall send written, notice of an application made pursuant to this action to adiacent property owners by registered, certified or first class mall ten (10) days before acting on any application made pursuant to this section. The notice shall specify that the director of planning will approve or disapprove the application not less than fourteen (14) days after thru date of submission of the application. If such written notice is provided by first class mail, the director of planning or his agent shall make affidavit that such notice has been sent and filed such affidavit with the application. (f) The director of planning shall approve or disapprove an application made pursuant to this section not less than fourteen (14) days after the date of submimsion of the. application. (g) Any appeal of the final decision of the director of planning on. an application for an admini.~t~ative variance shall be made to the circuit court of county within forty-five (45) days after the date of the final decision and shall be in writing and specify the grounds therefor. (9) That Section 21.1-17 of the Code of the County of Chesterfield., 1978, as amended, is amended and reenacted to read as follows: Sec. 21.1-17. Fees for hearings. 000 (e) Variances, Adminimtrative .................. $230. O0 ooo (10) That Section 21.1-281 of the Code of the County of Chesterfield, 1978, as amended, is amended and reenacted to read as follows- Sec. 21.1-281. Definitions. ooo Varimnce~ Adminimtrative - A variance of not more bhan two (2) feet from any. building setback requirement g~anted by the director of planning when he finds in writing that (1) the strict application of the ordinance requiremenI would produce undue hardshiD; (2) such hardship is not shared generally by other properties in the same zonin~ district and. the same viciztity$ and (3) the authol~ization of such variance will not be of substanHal detriment to adjacent property~ and the character of the zoning district will not be changed by the grantinK of the variance. (11) This ordinance shall become effective immediately upon adoption. 1000:4424.3 (10114/93) -5- A~ Affiliate of ~dia Ge~era~ P,O, BOX 85333 RICHMOND. VIRGINIA 23293-.0001 (80,~) 649-6000 Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA December 15, 1993 Item Number: Page i of 2 15 .D. Subject: Public Hearing to Consider Prohibition of Through Traffic on Old Centralia Road Truck County Administrator's Comments: CountyAdministrator: BoardAction Requested: A public hearing is scheduled for December 15, 1993, to consider prohibition of through truck traffic on Old Centralia Road. Summary of Information: BACKGROUND: The County has received a request from an area citizen to prohibit any through truck or truck and trailer or semi-trailer combination, except pickup or panel trucks from using Old Centralia Road (Routes 609 and 717) from Chester Road (Routes 144 and 145) to West Hundred Road (Route 10). The recommended alternate route is Chester Road and Route 10. The Virginia Department of Transportation (VDOT) has five (5) primary criteria it considers when a prohibition is requested. Based on Staff's preliminary review, this request will satisfy three (3) of VDOT's five (5) criteria for imposing a prohibition, in that; 1) a reasonable alternate route is available, 2) Old Centralia Road is classified as a local road, and, 3) there are an average of 12 dwellings per 1000 feet along Old Centralia Road. R.J. McCracken Attachments: Yes ~ No Title: Director of Transportation 290 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page _2_ of_2_ Summary of Information: (Continued) This request will not meet the remaining two (2) VDOT criteria in that: 1) the accident history of the roadway does not indicate that the road is not suited to truck traffic, and 2) the volume of through trucks does not exceed VDOT's 100 to 200 truck daily minimum. Normally, compliance with at least three (3) of the five (5) criteria will result in VDOT's approval of the request. RECOMMENDATION: If the Board wishes to pursue this request, the attached resolution requesting VDOT to prohibit through truck traffic on Old Centralia Road should be adopted. DISTRICT: Bermuda 29Z CENTRALIA PF ?CHESTER 0 F~D PROPOSED THROUGH TRUCK TRAFFIC RESTRICTION Proposed Restricfed Route Alternate Route 292 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held at the Courthouse on December 15, 1993, at 3:00 p.m. WHEREAS, the Chesterfield County Board of Supervisors received a request from citizens to prohibit any through truck or truck and trailer or semi-trailer combination except pickup or panel trucks from using Old Centralia Road (Routes 609 and 717) from Chester Road (Routes 144 and 145) to West Hundred Road (Route 10); and WHEREAS, the recommended alternate route is Chester Road and Route 10; and WHEREAS, the Board has conducted a public hearing on the prohibition. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to prohibit through truck traffic on Old Centralia Road. Vote: Certified By: Theresa M. Pitts, Clerk to the Board of Supervisors Meeting Date: 15. E. ~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS December 15, 1993 AGENDA Item Number: Page 1 of__~_~ 15.E. Subject: Public Hearing to consider the appropriation of' payment to the escrow agent for advance refunding of lease purchases and to authorize the County Administrator to execute a new Ground Lease, Real Property Lease Purchase Agreement, a Trust Agreement and Assignment Agreement. County Administrator's Comments: CountyAdministrator: BoardAction Requested: Appropriate payment to the escrow agent for advance refunding of lease purchases along with related issuance costs and authorize the County Administrator to execute a new Ground Lease, Real Property Lease Purchase Agreement, a Trust Agreement, and Assignment Agreement. Summary of Information: On November 23, 1993 the Board authorized the advance refunding of $15,560,000 in lease purchases for several buildings (Human Services, Information Systems Technology and, the Courts building). The true interest rate projected to be obtained on this refunding is 4.3% which is estimated to save the County $458,446 over the remaining years of debt service. Staff requests that the Board of Supervisors appropriate an amount not to exceed $18,000,000 for the refunding and related issuance costs and direct staff to allocate the appropriation to the proper accounts. Note: Due to potential changes in market condition, the total of sources and uses does not equal the total requested appropriation. The breakdown is as follows: Sources: Par Amount of Bonds: Accrued Interest: Total: $17,345,000.00 40,875.19 $17,385,875.19 Preparer: Attachments: James. J.L. ~tegmaier/ ---]Yes No Director, Budget and Management 295 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of ~- Summary of Info,rmation: (Continued) ,Uses: Theoretical Escrow Deposit for 1987: Total Transferred Proceeds Penalty: Approx. Negative Arbitrage: SLGS Escrow Cost: Cash Discount: Underwriting Spread: Costs of Issuance: Accrued Interest: Rounding: Total: $17,055,103.87 23,386.94 209.08 17,078,700.00 29.74 112,742.50 150,000.00 40,875.19 3,557.50 $17,385,875.19 Four documents are necessary to effectuate this refinance; a Ground Lease, a Real Property Lease Purchase Agreement, a Trust Agreement and an Assignment Agreement. The new documents contain primarily minor changes of dates and technical corrections from the 1987 refunding documents. References to a construction fund, additional certificates and an underwriter have been deleted as unnecessary. Staff recommends that the Board of Supervisors authorize the County Administrator to execute the new Ground Lease, the Real Property Lease Purchase Agreement, the Trust Agreement and the Assignment Agreement. 29U An Affii~iate o~ ~edi~ Gener~J P.O. BOX 85333 RICHMOND. VIRGINIA 23293-0001 (804,649--6000 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: D.e~mber 15t 1993 Item Number: 15. F. PUBLIC HEARING: Conveyance of Excess Right of Way Located off Branders Bridge Road County Administrator's Comments: County Administrator: ~ Board Action Requested: Staff recommends that the Board of Supervisors approve the conveyance of the parcel and authorize the Chairman of the Board and County Administrator to execute the necessary quitclaim deed. Summary of Information: Mr. John Campagnone has requested a quitclaim of 395 ± ft. of a 50' right of way, located off Branders Bridge Road, recorded in deed book 1161, page 334. The right of way was used as access to several properties that Mr. Campagnone has since acquired. This request has been reviewed by staff and approval is recommended. /John W. Harmon Attachments: Yes ~--~No Title: Riqht of Way Manaqer # 297 vICINITY SKETCH PUBLIC H~ARING: CONVEYANCE OF EXCESS RIGHT OF WAY OFF BRANDERS BRIDGE ROAD - JOHN CA~PAGNONE 298 ~tes:This property is oted ~n V.EJ. tA. Fl~ Zones "~,, ~ ,D,' I~etlonds; Res~rc~ l.~h~t ~reas; ~ Resource Protect]on Areas, i not de]in.ted by thi~ sUrvey,any, are ~ i~rov~nts sh~ at this ti~. ~is i~ o Fmily D~v~sion. dohn T. A Toni A C~ n~ PLAT SHOif_fflG T~/O PARCELS OF LA~D S-rTUATED I'IEST' OF TFI'E IVESTI~R~i LIthE OF BRA~tDERS BRIDGE ROAD, IN THE BER/,1UDA DISTRICT OF CNESTERFIELD COU~;Ty, VIRGI~IA. ;e: ~hn T. 'C~none g TOD~ A,.. ~none 11521 MIDLOTHIAN ~UR~PIKE . RICHMOND. VIRGINIA PHONE 8~ 37~ 2~ SUITE G 299  CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page ]- of AGENDA ADDITION Meeting Date: December 15, 1993 ItemNumberl 7.C.~.~ Subject: Regional Support for University of Richmond Bid for NCAA Final Four Soccer Event Count), Administrator's Comments: CountyAdministrator: BoardAction Requested: Summary of Information: Regional localities are being asked to guarantee a worst case analysis of the costs associated with holding the 1995 and 1996 NCAA Final Four soccer tournament at the University of Richmond. The attached explains the proposal but, basically, the local governments are being asked to guarantee $76,875 ($19,220 each) in the event that ticket sales do not go beyond the commitments being made by NCAA and the Richmond Sports Backers. The best case analysis shows that there will be a $328,500 Surplus. The Managers/Administrators recommend that the localities provide the backing in order for the bid to be complete and that regional support is behind the bid. Preparer: Title: Attachments: # Yes [~ No SPORTS BAOKERS .A PAGE Regional Government Support for Richmond's NCAA Soccer Bid Proposal Pro~. ~ local governments are being, ask~ to support the University of Ricl/mond's btd to host t~ NCAA Soccer Final Four in thc cvcnt that attendance ~/o~ am not met. The sale of 6,425 ticket books is alw.~y/~u .~. teexl by the and the Metropolitan Ricltmond Spore Bndm's. In a projeotcd worst-case scenario, only 2,000 mom tio~t books would be sold in advanc~ and them would be no walk-up, sales at all (in,thc cvent of inclement weather), As part of the bid to a~curo tho .event, UR is gtml'anteemg the NCAA an operating surplus of $169,875. 'I'nemfore, under me worst-cue .scenario, a deficit of $76,875 would need to be paid, by the 1 _,ocli' governments. A total of only 3,575 ticket books, 2,740 single ~ss~on adult uckets and 2,500 single ~sion youth tickets .sold covers the NCAA guarantee and results in no financial obligation to the local jurisdictions. (See attached budget ~=cnnrios) Event - NCAA Soccer Final Four for 1995 and 1996. Dates - December 1-3, 1995; December 7-9, 1996. Format - T,,wo ~ games playe~! Friday afternoon with the winners meeting in th~ championship game on Sunday ~oon. Tickets - Ticket books for thc entire event will be sold for $20 per book. Single scs,sion adult tickets will be sold for either sesdon (Friday or Sunday) for $12, whilc single session youth (17 and under) tickets will be priced at $/i. ~Organizers - The Univerd~ of Richmond, in conjunct/on with the Colonial Athletic sociation will be responsible for organizhg ~d running the event. :levlsion · The NCAA Soccer Championshtp. s are curren, tI:~ televised llve by Prime twork, which re. aches 43 million homes. Prime Network ~$ carried locally by HTS. Current Hasts - Thc NCAA Soccer Final Four has been held in Davidson, NC, for thc past two years and will be again in 1994. La.st weekend, a scll-out crowd of 10,400 attended thc final match, won by the Unlvctr, ity of Virginia. Elth~ Bran. Mr. Jack Berry Hanover County P.O. Box 470 Hanovcr, VA 23069 Dear lack, Here is the information we udked about on the phone last week. In our worst-case scenario, the local government guamutee needed to cover the bid being made to the NCAA is $76,875. Attached are the numbers involved in our bid to the NCAA. As you can see, our worst-case scenario is fairly conservative and assumes only 8,500 advance tici~t ..boo~ sold (By comparison, Davidson sold 10,400 ticl~t books and was busting at the seams last weekend). Of these 8,500 ticioct books to be sold, 3,425 are automatically bought by the NC, AA and ~other 3,000.are _gu~.~ by the Sports Backers and will be ~ld to l~o~., corporations. This scenario tak~ into account the possibility of thc 'Blizzard of 9~ (or ~6)* and that not one tins/e walk-up ticket (or ticket book over 8,.~0) is sold.. Let me give you a brief overview of thc bidd~;~_~ process, Colonial Athletic Association Commissioncr Tom Yeagcr and University of Richmond Athletic Diteaor Chuck Boone are the point men for our bid. Tom knows many of the folks on thc NCAA Soccer Committee which makea the preliminary site recommendation whtl~ Chuck is a member of the NCAA Executive Committee that has the final vote on which venue is chos~IL ~ The fn~t step in the process, now being completed, involves Tom and Chuck rifling out a proposed budg_e.t and f..ma~..'~ report. That ~port, along with a fact sheet about the Richmond bid and a full-color folder highlighting the area and its soccer facilities, is being mailed to the members of the NCAA 5occer Committee this week. Next up. will be the formal presen~o~ to be made to the Soccer Commtttee from February 8-11 in Kansas City. This will be the "Dog and Pony Show" wheel, we pull out all the stops, i.e. slide shows, videos, handouts, etc. This is where we nccd a full*court press highlighting how we propose making the Final Four into a complete, three-day *soccer festival* complete with c!i_flics, par~s for the coaches and officials, and exhibits. Wc need to be prepared with thc full support and backing of everyone involved. B~sed on this presen~on, the NCAA Soccer Committee makes a recommendation to the NCAA Executive Board, which then makes the final decision. W~42B53132 SPORTS BACKERS 5 lO1 ~ Let me give you e little more ~und on the bid numbers we. ~. presenting to the NCAA. They mclud~ the figur~ listed in the Reasonable Scenario (see. attache~l). We believe the,v,, attendance figures are very attainable when several factors ar~ taken in~o account. First is the level of outh ~ partlcipa~/on in Virginia. According t~ the Virginia Youth occer ~on. 62,492 individuals between ~ ages of $ and 19 were registered to play t~x~ce~ in Virginia in 1993, more than 15,000 of tho~ in Ricl~nond Metro ~ S~oc?, is beco.mini inov~bly popular, and summer's World Cu~ (of whie. h W~inffton, D.C. will be ~ venue) wiu Another plus is Richnond's location, Through the seven-year history of wifl~in 500 miles of Richmond. And don~ forgel ~he p '.mximity of thc Univc~ty of ¥~. Tho C~v~rs l~vo been to four .of the last Final Fours and their l~xfidl~/on in a Richmond Final Pour would Our blg~e~st ob~t~lo to h°~ins tho ~ F~ ~ ~o ~m ~ ~nt ~ Da~n College. Di~ ~j~t So f~, m~n ~ 2,~ ~a~ ~d ~ld o~ ~. ~y p~ on ~ ~o~r 2,~ ~ ~n~ ~e ~ Da~ ~d h ~ bigg~t e~t of ~ ~. ~t ~~ ~Y ~~ ~ ~ ~ ~ ~ W ~ mp~d. ~ Da~n, ~s, ~w~ ~d f~ muzt ~'s p~ng. F~ ~d m~ at Da~n ~k on ~ ou~ of '~wn ~ 1-77, ~n s~d Here ~ ~ond, no~ of ~ ~d f~ m ~d m~ e~m ~ ~ ~~ ~ j~t ~ ~ ~r 8~. A ~y for w~d ~ ~ld ~0~ ~mmi~ I appr~a~ your help in ltni~g up the ~uppon w~ need to mal~ this =vent a reality. NCAA Soc~___r Budget Scemu4~ As pan of the University of Richmond's bid to host ~scccr's Final Four in 199:5 and 1996, _a_s~bu~gct is subm~'.tted' that lis~ expected r~vcnues and expenses, with the operating ms going to me NCAA. However, wl~n calculating the guarantee to .th.~, NCAA, a 75 pert. eat figure of the proposed surplus is used. Therefore, under U.R.'s bid (see Reasonable Scenario), $169,875 is being guaranteed to th~ NCAA NCAA Tick~ Ouarant~ MRSB Ticket Ouarantee At-large Ticket Books Worst 3,425 Books · $20/Book 3,000 Books ~ $20/Book 2,000 Bool~ O $20/Book NCAA R~-em~ G~m~m~ $65,500 $60,000 $168,500 Cuxms Receip~ $ 93,0~0 Operating Surplus $169,875 $ 0~.ooo ~le Case NCAA Ticket Guarante~ 3,42~ Books @ $20/Book = $68,500 MRSB Ticket Guarantee 3,000 Books @ $20/Book = $60,000 At-Large Ticket Books 3,$75 Books O $~Book = $71,500 Singl~ Session Adult Ticket~ 6,000 Tic.ts @ $12/Tick~t = S72.0~0 Single Session Youth Tickets 6,000 Tickets0 $ S/Ticket = $302,000 Gross Receipts $22~,S00 Ol~rattng Surplus This is based on 10,000 books of tlcketa for all events and 12,000 combined walk-up ~ales for thc event. Under this scenario, local governments are not responsible for any paymcnts NCAA Ticket Ouaranlee MRSB Ticket Guarantee At-Large Ticket Books Single Se~ion 3,425 Books @ $2O/Book 3,000 Books ~ $20/Book 3,$75 Books @ $20/Book $68,500 $60,000 $71,500 Adult Tickets 12,000 Tickets @ $12/Ticket = $144,000 Single Sesdon Youth Ticketa 12,000 Tickets ~ $ 5/Ticket --- ~ $404,000 Gross Rcccipt~ $328,5~ Surplus TI~ is based on 10,000 boo~ of tickets for all eve. ms and 24,000 combined walk-up for th~ two ~ions (Lc. both so. ions ~lLout). Again, local gov~nm~nts arc not r~pcnai§l~ for uny payments. BOARD OF SUPERVISORS ARTHUR S. WARREN, CHAIRMAN CLOVER HILL DISTRICT EDWARD B. BARBER, VICE CHAIRMAN MIDLOTHIAN DISTRICT J. L. McHALE, III BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT WHALEY M. COLBERT MATOACA DISTRICT December 9, 1993, CHESTERFIELD COUNTY P.O. BOX 4O CHESTERFIELD, VIRGINIA 23832 (804) 748-1211 COUNTY ADMINISTRATOR LANE B. RAMSEY Mr. Thomas G. Cauble, President Tomac Corporation Post Office Box 193 Midlothian, Virginia 23113 Dear Mr. Cauble: Your request to address the Board of Supervisors under Hearings of Citizens on Unscheduled Matters or Claims has been placed on the agenda for December 15, 1993 at 2:00 p.m. and is anticipated to be heard between 2:30 and 3:00 p.m. Under this category, the Board of Supervisors Rules of Procedure require that the presentation of the claim not exceed thirty minutes in total and each individual speaker will have five minutes. Persons appearing before the Board will not be allowed to: (a) Campaign for public office; (b) Promote private business ventures; (c) Address matters within the administrative province of the County Administration; (d) Engage in personal attacks; or (e) Use profanity or vulgar language. If you have any questions, please do not hesitate to contact me. Sincerely, Lane .~~Ramsey County Administrator tp Printed on Recycled Paper - 'ATTENTION IN CHESTERFIELD COUNTY!!!! The owners ond operotors of the ~uollo Rood Londfill are applying to change their permit to allow TIRES to be used as an additional FILL MAT,ERIAL., We, as landowners in Matoacci DistriCt, a?. in to a TIRE DUMP IN OUR BACK YARi:f!!.-. Signptu, re Name I Address . .....'~ ZiP, Phone ~(. ,~.=-A,(. l~a~r'r4.~¢' 9~/ go CZp ¢~¢~¢ a~ ,~ ~:l ~ ~ . · - ~ . -~,~,-. , ,~ ... . / - : . ,.. , .... ~- ,,.. ¢~"" '~,,. %.,.(,~ 1.. Ii '" " ' ' ' ' ' '~.~'~'~'/'~'¢ ~ I; ~ ~'~ i, ~ ;z.l ';.. %c.x/d z,,. ~'~-,, ~. ~,: ~,,-, t.,c - ~' '--~' ~ ~,'> >~ ~ ',~ = ' '"'/~5' CONCERNED CITIZENS OF CHESTERFIELD COUNTY ~ ....... ~=~-~H~~SE THE TIRE_DUMP. _Signature Name Address Zip Phone -: '-: ~ .~ ~-~ 3~.~ ~ ~::.~.~ (:,..,.~l('~. ~'~,.~a~,zz ~~,<~ . - ..... ~: ', ~ , ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Sig.nature Name Address Zip Phone .:.:-~X.~~- . >. .- . , . , , _ '.ATTENTION LAi iDOWNERS IN MATOACA DISTI JCT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow used as an additional FILl MATERIAl. TIRES to be We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zip Phone ATTENTION LANDOWNERS IN MATOACA DISTR_ICTi]!]] The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FIlL MATERIAl.. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! Signature Name Address Zip Phone ATTE. NTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL M^TERI^L. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signatur, e Name Address Zip Phone } ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! Do%~ Signature Name Address Zip Phone I ~2 C . ' "":' '"' I/) ~ / :~ / ' "'~' .z ' 2 5 ~_.~'~.~ff X>,_/:h..b:.,~..~ C, t-,~Jl~i ~:.:, I1, ~n~: I~:~ ::,~z~-&,~. ,-~ I ~ (~,),~...~ > ~6~ '~ .q ~ II L,..t':' ,~ :....~,.-. :. ~.".': " ' -' . ~. ' :': ATTENTION LAND ERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILl. MATERIAl.. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! S_ignature Name Address Zip Phone__ ATTENTION LANDOWNERS rqATOACA DIST CT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! _~~i~ nature Name Address Zip PhoneI PI,'i N~e7 I ~ aa~ Z ,~b~ [~ ~ ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!] The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL M~TERI~I.. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! Signature Name Address Zip Phone ..,. f ~ ' / ~ ~ _ .... ~.~,.~, . ' ._ .. ' ~~ 7~~ "'7/ ' ......... ~ '-/' ' ...... A 'ENT iON LANDOWNERS IN MATOACA DISTRICT!Il!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAl.. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Name Address ~E /3aao ~e.~,J~ ~ _Zip Phozle TTENT ON LANDDWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow used as an additional FILL MATERIAL. TIRES to be We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! ~z,~/~,,~,~~S i g n ~t u r e Name Address Zip Phone ~ . .... ~ ..-~. . ,: _.'.:"'..'. ..... ~' / ,-, :-.. _ ,' ~:>-,:, [C~..' , '~' ,, , n. .,./ .. ATTENTION LANDOWNERS IN CHESTERFIELD COUNTY!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRF$ to be used as an additional FILl MATERI~/. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Sig,D~fureName Address Zip Phone ' fENTION LANDOWNERS MATOACA DISTRlCTI!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zip Phone ~3 ~J,~ CONCERNED CITIZENS OF MATOACA DISTRICT WHO OPPOSE THE TIRE DUMP. Name Address Phone 7 ¢ o --o,¢ I(l~.s a.i&,,etl 7.99 7/1~ ZT?.'?..? o S' :ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zip Phone v / , '', U '' ATTENTION LAN'DOWNERS IN CHESTERFIELD COUNTY!!!! The owners and operators of the Qualla Road Landfill are aPPlying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! . Sic]nature Name Address 7iD Phone ~,:~v,;7~ ~.. ~:~:~,~,,'- ..>, .,:~,~,. ,~, .t;.;.,:~.,:.~. >~,.:,,.-, .. 4.. :.>: ..:,.- t;.c,~ ~'~.7, , ._.~-7-:.: ATTENTION LANDOWNERS IN CHESTERFIELD 1!! The owners and operators of the Qualla Roa~ are applying to change their permit to allow 1'1R1~$ to be used as an.additional FILl MATERIAl. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD~ Signature Name Address Zi~ Phone 7~: - '~,' .... ' .... ' · CONCERNED CITIZENS OF CHESTERFIELD COUNTY WHO OPPOSE THE TIRE DUMP. Name Address Zip Phone '~, ~':'~'~ry' ~ "" .'~"'~,~/~ ~' ' '[~' '-~ ~ ~ ~'-~):~ ~ .Z ~,~.. /~, ~ ~F~,~ ~.,. XI 2z~2 22o-//~7 5 ) ~ '. ,. ...... ~,.. ,.. . ]~.,. ~. " ~ ~ ', , '.:, .~,'~ ' ':[~ K:~¢'~ ~3~ C" ,,,~,&~7/ · ~.~~ .757 ~,:~'N.L,nK '-'~ 'L? ~' ,,,.,c~ ~..,. ,: /. '. . C:ONCERNED CITIZENS OF MATOACA DISTRICT / WHO OPPOSE THE TIRE DUMP ! · .Sianature Name Address Zip Phone '-I ~'T~ ~~ V~t,~Z[o,,-'~;t~¢ ,,' "-~-- · ,, ~~,'.,~ i/z~~/ ~ ~r~/~>t/~- .~' ~y,~~ ~~ , . TTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow used as an additional Fill MATERIAL TIRES to be We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! ·-'" Signature Name Address Zim Phonm -. ..... - : g ~.,. ~.~. - /ATTENTION LANDOWNERS N MATOACA DISTRICT!!!I! The ownerS and operators of the Qualla Road Landfill are applying to chan. ge their permit to allow TIRl:$'to be used as an additional FILL MATERIAL. We, a,s landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! SianatureName Address Zip Phone /~ONCE"NEg CITIZENS OF MATOACA DISTRICT ~ WH OPPOSE THE TIRE DUMP. SignatUre'Name Address Zip Phone ! · : ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!I I The owners and operators of the Qualla Road Landfill are applying to change their permit to allow ~IRI:$ to be used as an additional FIlL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARD!! Si~nature.~ Name Address Zir~ Phone ~ , ATTENTION LANDOWNERS IN· MATOACA DISTRICT!i!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL We,. as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zi~ Ph~n~. - A' ' ENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES; to be used as an additional FILL IVlATERIA/. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zip Phone CONCERNED CITIZENS OF MATOACA DISTRICT WHO OPPOSE THE TIRE DUMP. e Name Address Zip Phone ~ .... ,.' z .... I ~ / ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRI=$ to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Signature Name Address Zip Phone .... '-'~ "" '"" ' ' ' ',,.~. L '~ u.r ~ - /, ' ,, ~ , - ) ~ ~ , ~ ,, , . z ,- I CONCERNED CITIZENS OF MATOACA DISTRICT WHO OPPOSE THE TIRE DUMP. ATTENTION LANDOWNERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow TIRES to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Name Address Zip Phone 7'~ 0 ATTENTION LANDO ,IERS IN MATOACA DISTRICT!!!!! The owners and operators of the Qualla Road Landfill are applying to change their permit to allow 1'1R1~$ to be used as an additional FILL MATERIAL. We, as landowners in Matoaca District, are in opposition to a TIRE DUMP IN OUR BACK YARDI! Zip Phone Signature Name Address ~.~3,~,, . I