The URL can be used to link to this page

04-10-2002 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 10, 2002 Item Number: 6. Subject: Work Session on the County Administrator's Proposed FY2003 Biennial Financial Plan, the Proposed FY2003 Community DeVelopment Block Grant and HOME Annual Plan, and the Proposed PY2003-FY2008 Capital Improvement Program County Administrator's Comments: County Administrator: Board Action Requested: Hold a final work session on the County Administrator's Proposed FY2003 Biennial Financial Plan, the Proposed FY2003 Community Development Block Grant and HOME Annual Plan, and the Proposed FY2003-FY2008 Capital Improvement Program Summary of Information: This time has been scheduled for a final work session on the County Administrator's Proposed FY2003 Financial Plans. Staff will review proposed revisions to the plans at the work session. These revisions and any additional revisions requested will be incorporated prior to adoption. Preparer: Rebecca T. Dickson Attachments: Yes Title: Director, Budget and Manaqement C[~C 0'31 I I I I I ,811 o ~o ~ cz) o 4-' 0 0"' O0.g~ o o o ~c oo I ! OCO00S 0 0 < I I ! ! I I I ! I I o 0~ ~ 0 0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~ Date: Ar)ril 10, 2002 Item Number: e Subiect: Revisions to the Zoning Ordinance Site Plan Review Processes and Associated Appeals Processes County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors adopt the recommended revisions to the Zoning Ordinance Site Plan Review Processes and Associated Appeals Processes. Summary of Information: The primary changes proposed are: 1. Modify site plan review and appeal processes to meet State Code for the length of time that a final decision must be rendered on the review of a site plan. 2. Provide an appeal process for the minor site plan process. 3. Establish a list of issues for an approved site plan which can be appealed to the Planning Commission. 4. Define who is an aggrieved property owner who can appeal an approved site plan to the Planning Commission. 5. Require certain adjusted site plans to be reviewed and appf'6~=~ bX the Planning Commission. 6. Allows fast track projects to be approved as fast as 10 days. These changes were discussed with the development community at the December c~aarterly development meeting and received a favorable response. The Planning Commission at their December public hearing recommended approval Preparer: Thomas E. Jacobson Attachments: Title: Director of Plannin,q 56872.1 Yes No ,2 ,., _,.- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 to the attached amendments to the site plan section of the Zoning Ordinance. A more complete explanation of the changes proposed is attached preceding the proposed ordinance. After the public hearing, Board members expressed concerns regarding expanding the topics and proper parties who can appeal site plan decisions to the Planning Commission. The draft ordinance prepared by the County Attorney (1) expands the issues that can be appealed to include development features affecting public safety or affecting "nearby" residential areas; (2) expands "aggrieved person" to include owners or lessees "nearby" the site or any County citizen "reasonably calculated to use the facility"; and (3) eliminates the County Attorney from determining who can appeal a site plan decision. See Attachment A for changes to §§ 19-268 and 19-268.1. 0800:56872.1 SITE PLAN PROCESS AND APPEALS: PROPOSED CHANGES TO ZONING ORDINANCE (1/9/02) Listed below are issues that staff is recommending be addressed through changes in the Zoning Ordinance ISSUE 1: Length of reviews not to extend beyond 60 days. By State Code, each review of a site plan should not exceed 60 days from the date a site plan is submitted. This includes time for staff review, the filing of an appeal, and the plan to be heard by the Planning Commission for a final determination. The following language from the Ordinance affects this overall time schedule: Administrative site plan review time - Sec. 19-268(c) Time period for filing an appeal - Sec.19-268(d) Time for Commission to hear appeal - Sec. 19-268(d) 60 days 15 days* 60 days** (* Proposed Ordinance change will reduce this to ten (10) days.) (** Proposed Ordinance change will require the sixty (60) days to be measured from the date of plan submittal and not from the date an appeal is filed.) Most site plans have their final submittal through the Table Review process, which is a one day turnaround for review and approval. Adding 10 more days for the filing of an appeal leaves 49 days for staff to bring the appeal to the Commission. This allows the heating to occur at a regularly scheduled Planning Commission meeting. However, if staff approves the site plan at the end of a regular review period (21 days or more), then an appeal at the end of 10 days may not leave enough time for the appeal to be heard at a regularly scheduled Planning Commission meeting. Under this scenario, a special meeting of the Planning Commission would be required to have the final decision rendered within 60 days of the site plan submission. ISSUE 2: Fast Track Projects limited by 21 days of public notice prior to approval. Section 19-265(b) is proposed to allow a site plan to be approved 10 days after written notification has been sent to adjacent property owners. However, Ordinance retains ability of an aggrieved property owner to request that the Planning Department use a 21 day public notice period upon receipt of a written request. SITE PLAN PROCESS AND APPEALS - 1/9/02 - page 2 ISSUE 3: Minor Site Plans cannot be approved if applicant is unable to provide signed receipts of registered mail sent to adjacent residential properties. Section 19-266(e) has been changed to allow staff to approve a minor site plan 15 days after the notice has been sent by registered mail. ISSUE 4: Minor Site Plan process cannot be used if adjacent residential property owner objects to the use of the process. Section 19-266(e) has been changed to delete this restriction and a site plan appeal process has been added for minor site plans in Section 19-267(g). ISSUE 5: Zoning Ordinance is not clear as to what issues on a site plan can be appealed. Section 19-268(d) establishes the list of appealable issues as follows: (1) designation of Chesapeake Bay Preservation areas; (2) access and internal circulation; (3) improvement sketch processing; (4) location of water and sewer lines; (5) buffers and screening; (6) land use transitions; (7) drainage; (8) conditions of zoning approval; or (9) architectural treatment. ISSUE 6: Zoning Ordinance does not clearly define who is an aggrieved property owner who has an ability to appeal an approved site plan to the Planning Commission. Section 19-268.1 defines who is "aggrieved" as follows: (a) A person is "aggrieved"for the purpose of appealing an administratively approved site plan only if: 1. They are an owner of property adjacent to the site; or SITE PLAN PROCESS AND APPEALS - 1/9/02 - page 3 They will be adversely affected by the approval of the site plan in an immediate and substantial manner not shared by the pubIic generally. A person shall not be considered adversely affected for purposes of this ordinance by any personal financial hardship anticipated as a result of business competition associated with the proposed use. (b) When an appeal is filed with the Director of Planning, he will forward a copy to the County Attorney's office that same day for a determination whether the applicant is an "aggrieved person". Applicants will be sent by first class mail written notification if they are determined not to be aggrieved. Such notification shall be sent within 3 business days, and shall advise the applicant of available appeal rights. ISSUE 7: Site plan adiustments to approved site plans are not allowed an appeal right by aggrieved persons. In some instances, such adjustments may affect a case that was originally heard by the Planning Commission or affect an agreement made with adiacent property owners. The Ordinance needs language that allows aggrieved persons participation in these circumstances. Section 19-271 provides new language as follows that would require such adjustments to be heard by the Planning Commission: After a site plan has been approved, minor adjustments to the site plan which comply with the purposes of this article and other provisions of this chapter, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the comprehensive plan for development of the area may be approved by the director of planning with concurrence of the reviewing authorities concerned. However, this administrative adjustment process is not available for changes that were involved in an appeal or were made as part of an agreement with an adjacent property owner or that relate to a condition of zoning requiring planning commission review and approval. Deviation from an approved site plan without the written approval of the director of planning shall void the plan and the director of planning shall require the applicant to submit a new site plan for consideration. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-26, 19-265, 19-266, 19-267, 19-268, 19-269, 19-270 and 19-271 AND ADDING SECTION 19-268.1 RELATING TO SITE PLAN ORDINANCE CHANGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) ThatSections 19-26, 19-265, 19-266, 19-267, 19-268, 19-269, 19-270and19-271 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Section 19-268.1 is added to read as follows: Sec. 19-26. Hearings; notification and posting of property. (a) The adoption of any comprehensive plan, zoning district map or ordinance or amendment thereto; any request for zoning approval; appeal of a decision by the planning director or other administrative officer to the board of zoning appeals; application for interpretation of the district map to the board of zoning appeals; or application for creation of a historic district, or the designation of landmark and landmark sites shall be advertised by reference, giving a descriptive summary of the proposed action and the place or places within the county where copies of the proposed action may be examined. In the case of proposed action which involves an amendment to the zoning district map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density, if any, set forth in the applicable part of the comprehensive plan. None of the above-referenced actions shall be acted upon until notice of the intention to do so has been published once a week for two successive weeks in a newspaper published or having general circulation in the county. Such notices shall specify the time and place of hearing at which persons affected may appear and present their views, and such hearing shall be held not less than six days nor more than 21 days after final publication. (b) The director of planning shall, at least 21 days before the date of the first hearing on any request for zoning ~'~ ........ v ........ et---,, al, or appeal of a decision by the planning director or other administrative officer to the board of zoning appeals, post on the land or building involved in any application or appeal, a notice of the public hearing as follows: (1) The notice shall be posted at reasonable intervals along 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 visible from public roads. (2) Neither the holding of any public hearing, nor the validity of any action on an application or an appeal, shall be affected by the unauthorized removal of a notice which has been duly posted in accordance with this section. (c) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less than 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public heating is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public heating is continued or deferred to a date that has been previously advertised or if the public heating is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action referred to in sections 19-16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the original zoning or condition and whose property is located within 1,500 feet of the property which is the subject of the application. (d) When a proposed comprehensive plan or amendment thereto, a proposed change in zoning district map classification, an application for creation of a historic district or the designation of landmarks and landmark sites or an application for special exception or variance involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality, then, in addition to the advertising and written notification required above, written notice shall also be given at least 15 days before the heating to the chief administrative officer or his designee, of such adjoining county or municipality. (e) Posting and notification of adjacent property owners, as outlined in this section, shall not be required when: (i) the hearing involves an application for zoning approval of 26 or more parcels of land initiated by resolution of the planning commission or board of supervisors; or (ii) on appeal when the appeal involves 26 or more parcels of land; or (iii) the hearing involves an appeal concerning no specific property. (f) A party shall be deemed to have waived the right to challenge the validity of proceedings for which written notice is required if the party does not receive the required written notice, but the party has actual notice of, or actively participates in, the proceedings. 000 Sec. 19-265. Site plan processing. (a) At the time a site plan is submitted, the applicant shall elect whether to seek approval under the minor site plan review process, set forth in section 19-267, the administrative site plan review process set forth in section 19-268 or the planning commission site plan review process set forth in section 19-269. If the applicant fails to make a selection, his application will be processed under the administrative site plan review process unless a condition of zoning approval requires the site plan to be submitted to the planning commission. (b) The director of planning shall send written notice of site plan submission to adjacent property owners by registered, certified or first class mail as soon after site plan submission as practicable, but in no event less than g-~ 10 days prior to approval or disapproval of the site plan. The minimum period for site plan approval shall be extended to 21 days when an aggrieved person, as defined by Sec. 19-268.1, files a written request with the Planning Department within 10 days after written notice is sent. If such written notice is sent by first class mail, the director of planning shall make affidavit that such notice has been sent and shall file the affidavit with the application. This subsection shall not be applicable to those site plans which are approved pursuant to the minor site plan review process. Sec. 19-266. Uses eligible for the minor site plan review process. The director of planning may approve site plans through the minor site plan review process in accordance with recommendations by other departments, as necessary, if the following conditions are met: (a) (b) (c) (d) (e) (0 The proposed building addition or land disturbed is between 2,500 and 10,000 square feet; Main water and/or sewer extensions are not required; Industrial uses have independent water supplies sufficient for fire suppression; All requisite reviews by the Virginia Department of Transportation can be performed by Residency Office r-esidem staff; The use is not located adjacent to property zoned R, R-TH or R-MF or occupied by a residence unless such adjacent property owners are notified by the applicant by registered mail, return receipt requested, of the proposed minor site plan and dc nat director of planning; may approve such plan no sooner than 15 days after the applicant sends all required notifications by registered mail. ~:-* ~' "'~ ~:--~'~ The site plan shall not contain substantial access changes, road improvements or internal traffic circulation changes; Required buffers are not affected by proposed improvements or do not require substantial modification; Drainage improvements do not require dedication of easements to the county; and The site complies with Chesapeake Bay regulations, either by opting out of the Chesapeake Bay requirements, conforming by use of an existing BMP or by achieving reduced imperviousness. Sec. 19.267. Minor site plan review process. (a) The applicant shall submit a preliminary site plan to the director of planning for a determination of eligibility for the minor site plan review process. (b) If the site plan meets the criteria set forth in sections 19-264(d) and 19-266 it shall be forwarded to other departments within the county for review, as necessary. In the event the proposed site plan does not meet the eligibility requirements for the minor site plan review process, the applicant shall be advised to elect between the administrative site plan review process set forth in section 19-268 or the planning commission site plan review process set forth in section 19-269. (c) Upon approval, the applicant shall be provided two copies of the approved site plan and shall be required to maintain one copy on the site at ail times. (d) If the site plan is approved pursuant to this section, the applicant shall not be required to pay site plan or erosion and sediment control fees. ~f) The director of planning shall approve or disapprove a site plan pursuant to this section in accordance with the reviewing authorities' recommendations. He shall notify the applicant of his decision to approve or disapprove the site plan no sooner than within 15 days after the applicant sends all notifications required by 19-266(e) by registered mail. cf t~e date cf ~ ~..~ v---,~ - :e .... ~.~..~,,.~:~ ~ the director of planning f~ls to approve or ~sapprove the site plan within 60 days after it has been officially submitted for approval, the applic~t, ~ter ten ~ys' wfiaen notice to the director of planning, may petition the circuit co~ to d~ide whether the site pl~ should or should not be approved ~ ..... ~ ~-" ~ ~u~ ~.,~ .... ~ ~u~. .......... ~; ......... f(_~g) If the applicant disagrees with the director of planning's final decision, he may file a written appeal with the planning commission within 15 days of that decision. The commission shall fix a reasonable time for hearing of the appeal and decide the same within 60 days. The commission may affirm, modify or reverse the decision. Until the planning commission renders a decision, ~--.-e,r~"'~. ~ a..... ...... ..vt.,.-.~ v.'-..-'-."'~'4 ,.,4 the director of planning shall not approve the site plan or a building permit for any construction that ;;'auld or could be affected by the appeal. (g) Persons with an interest in property adiacent to the site and zoned R, R-TH, R-MF or occupied by a residence may file a written appeal within 10 days of the decision. Appeals must relate to matters specified in § 19-268(d). The Commission shall fix a reasonable time for hearing the appeal and decide the same within 60 days of the applicant's site plan submission. The Commission may affirm, modify or reverse the decision. Until the planning commission renders a decision, neither a building permit nor a land disturbance permit shall be issued for any construction that could be affected by the appeal. In addition, the director of planning shall issue a stop work order to the applicant instructing the applicant to cease any construction that could be affected by the appeal. Sec. 19-268. Administrative site plan review process. (a) All site plans which are properly submitted for administrative review in accordance with the County's Site Plan Application and Checklist shall be reviewed and recommended for approval or denial by: (1) The director of planning relative to: ao Compliance with the requirements of this chapter, including, but not limited to, setbacks, side and rear yards, building height, lot area and lot coverage, fencing, screening, landscaping, lighting, architectural design, pedestrian access and conditions of zoning approval. Location, design and adequacy of automobile parking as to number of spaces, and square footage per space, including movement lanes and total area. (2) The director of transportation relative to: Location and design of vehicular entrances and exits in relation to streets giving access to the site. Adequate provision for internal and external traffic circulation, including, but not limited to, access to adjoining property, traffic-control devices and speed control devices. (3) The Virginia Department of Transportation engineer relative to highway matters. (4) The director of environmental engineering relative to: a. Adequacy of drainage and erosion control measures. b. Flood protection. Compliance with applicable established design criteria, construction standards and specifications for all required public road and drainage improvements. do Compliance with the regulations and requirements of the Chesapeake Bay preservation areas, Upper Swift Creek watershed areas and floodplain districts. (5) The director of utilities relative to: a. Adequacy of water supply and sanitary wastewater facilities. Compliance with applicable established design criteria, construction standards and specifications for all required public water and wastewater improvements. (6) The building official relative to fire protection and compliance with the provisions of the county fire prevention code and the Uniform Statewide Building Code. (7) The director of health relative to private wastewater and water systems. (8) The chief of police relative to police protection and county safety codes. (b) The director of planning shall post a sign notifying the public of site plan submission for administrative review as soon as practicable, but in no event less than g-i- 10 days prior to approval or disapproval of the site plan. The minimum period for site plan approval shall be extended to 21 days when an aggrieved person, as defined by Sec. 19-268.1, files a written request with the Planning Department within 10 days after the sign has been posted. Such posting shall be performed in the same manner required for public heatings described in section 19-26(b)(1) and (2). (c) The director of planning shall approve or disapprove site plans in writing, giving specific reasons in accordance with the reviewing authorities' recommendations. He shall notify the applicant of his decision to approve or disapprove the site plan within 30 days of the date of submission of the plan, if practicable. If the director of planning fails to approve or disapprove the site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' written notice to the director of planning, may petition the circuit court to decide whether the site plan should or should not be approved. ~'~- ..... .. ~.~n. ~,~, ~,~. ~ .... ~ ~+ .......... ~.~ (d) If the applicant disagrees with the final decision of the director of planning, he may file a written appeal with the planning commission within 15 days of that decision. In addition, any aggrieved person may file a written appeal of the final decision of the director of planning with the planning commission within 10 days of that decision. The appeal must explain how the site plan will adversely affect the person and is limited to the following matters: (1) designation of Chesapeake Bay Preservation areas; .(2) access and intemal circulation; 13) improvement sketch processing; [4) location of water and sewer lines; (_5) buffers and screening; land use transitions; (7) drainage; (8) conditions of zoning approval; or (9) architectural treatment. time for hearing the appeal and decide the same within 60 days of the applicant's site plan submission. The commission may affirm, modify or reverse the decision. Until the planning co ss on ren rs aec s n, ...... t, .... · rev-, v ................... e ......... e, .......... · er g~ neither a building permit nor a land disturbance permit shall be issued for any construction that';;c',:!~ er could be affected by the appeal. In addition, the director of planning shall issue a stop work order to the applicant instructing the applicant to cease any construction that could be affected by the appeal. Sec. 19-268.1.Qualification as "Aggrieved Person". (a) A person is "aggrieved" for the purpose of appealing an administratively approved site plan only if: 1. They are an owner or lessee of property adjacent to the site; or 2. They will be adversely affected by the approval of the site plan in an immediate and substantial manner not shared by the public generally. A person shall not be considered adversely affected for purposes of this ordinance by any personal financial hardship anticipated as a result of business competition associated with the proposed use. (b) When an appeal is filed with the Director of Planning, he will forward a copy to the County Attorney's office that same day for a determination whether the applicant is an "aggrieved person". Applicants will be sent by first class mail written notification if they are determined not to be aggrieved. Such notification shall be sent within 3 business days, and shall advise the applicant of available appeal rights. Sec. 19-269. Planning commission site plan review process. All site plans which are properly submitted for planning commission review in accordance with the County's Site Plan Application and Checklist shall be reviewed and approved or denied as follows: (a) The appropriate departments and/or agencies shall review and make recommendations as outlined in section 19-268(a). (b) (c) The director of planning shall post a notice of the site plan public meeting t~a4ag in accordance with section 19-26(b). The director of planning shall submit recommendations to the planning commission. The planning commission shall approve, with or without conditions, or disapprove the site plan in writing, giving specific reasons in accordance with the reviewing authorities' recommendations. (d) (e) If the planning commission fails to approve or disapprove the proposed site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' notice to the commission, may petition the circuit court to decide whether the site plan should or should not be approved ~'~' ..... ~ ~'~" ~'~ *~ ~ .... ~ If the applicant disagrees with the final decision of the planning commission, he may file a written appeal with the circuit court within 60 days of that decision. T.. Sec. 19-270. Site plan approval. (a) An approved site plan shall become null and void if no significant work is done or development is made on the site within five years after final site plan approval. (b) There shall be no clearing or grading of any site without approval of a grading and/or erosion and sediment control plan by the director of planning and the director of environmental engineering. Construction or development may begin upon approval of the site plan by the director of planning and of building permits by the building official. (c) (1) Prior to expiration of an approved site plan, the subdivider or developer may request and the director of planning may grant one or more extensions of such approval for additional periods as the director may determine to be reasonable, taking into consideration the size and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the request. (2) If the director of planning denies an extension request, the applicant may file a written appeal with the planning commission within 15 days of the denial. The commission shall fix a reasonable time for hearing the appeal and decide the same within 60 days. The commission may affirm, modify or reverse the decision. Sec. 19-271. Adjustments in approved site plan. After a site plan has been approved, minor adjustments to the site plan which comply with the purposes of this article and other provisions of this chapter, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the comprehensive plan for development of the area may be approved by the director of planning with concurrence of the reviewing authorities concerned. However, this administrative adjustment process is not available for changes that were involved in an appeal or were made as part of an agreement with an adjacent property owner or that relate to a condition of zoning requiring planning commission review and approval. Deviation from an approved site plan without the written approval of the director of planning shall void the plan and the director of planning shall require the applicant to submit a new site plan for consideration. (2) That this ordinance shall become effective immediately upon adoption. Attachment A Sec. 19-268. Administrative site plan review process. (a) All-site plans which are properly submitted for administrative review in accordance with the County's Site Plan Application and Checklist shall be reviewed and recommended for approval or denial by: (1) The director of planning relative to: Compliance with the requirements of this chapter, including~ but not limited to, setbacks, side and rear yards, building height, lot area and lot coverage, fencing, screening, landscaping, lighting, architectural design, pedestrian access and conditions of zoning approval. Location? design and adequacy of automobile parking as to number of spaces, and square footage per space, including movement lanes and total area. (2) The director oftransportation relative to: Location and design of vehicular entrances and exits in relation to streets giving access to the site. Adequate provision for internal and external traffic circulation, including, but not limited to, access to adjoining property, traffic-control devices and speed control devices. (3) The Virginia Department of Transportation engineer relative to highway matters. (4) The director of environmental engineering relative to: a. Adequacy of drainage and erosion control measures. b. Flood protection: Compliance with applicable established design criteria, construction standards and specifications for all required public road and drainage improvements. Compliance with the regulations and requirements of the Chesapeake Bay preservation areas, Upper Swift Creek watershed areas and floodplain districts. (5) The director of utilities relative to: 1923:56331.1 1 3/28/02 3:48 PM a. Adequacy of water supply and sanitary wastewater facilities. bo Compliance with applicable established design criteria, construction standards and specifications for all required public water and wastewater improvements. (6) The building official relative to fire protection and compliance with the provisions of the county fire prevention code and the Uniform Statewide Building Code. (7) The director of health relative to private wastewater and water systems. (8) The chief of police relative to police protection and county safety codes. (b) The director of planning shall post a sign notifying the public of site plan submission for administrative review as soon as practicable, but in no event less than ~ 10 days prior to approval or disapproval of the site plan. The minimum period for site plan approval shall be extended to 21 days when an aggrieved person, as defined by Sec. 19-268.1, files a written request with the Planning Department within 10 days after the sign has been posted. Such posting shall be performed in the same manner required for public hearings described in section 19-26(b)(1 ) and (2). (c) The director of planning shall approve or disapprove site plans in writing, giving specific reasons in accordance with the reviewing authorities' recommendations. He shall notify the applicant of his decision to approve or disapprove the site plan within 30 days of the date of submission of the plan, if practicable. If the director of planning fails to approve or disapprove the site plan within 60 days after it has been officially submitted for approval, the applicant, after ten days' written notice to the director of planning, may petition the circuit court to decide whether the it pl h ld h ld b app d 'T~....... 1~111~.... 1-.......... .,1............. s e an sou or sou not e rove ill9 ~KJUIL Oilflll iI~a~x Ui~ ill~r[~i (&ISM ~il~i (d) If the applicant disagrees with the final decision of the director of planning, he may file a written appeal with the planning commission w/thin 15 days of that decision. In addition, any aggrieved person may file a written appeal of the final decision of the director of planning w/th the planning commission within 10 days of that decision. The appeal must explain how the site plan will adversely affect the person and is limited to the following matters: 1LD designation of Chesapeake Bay Preservation areas; access and internal circulation[ 3_~ improvement sketch processing; 4.~ location of water and sewer lines; 1923:56331.1 3/28/02 3:48 PM 2 (5) buffers and screening; (6) land use transitions~ (7) drainage; (8) conditions of zoning approval; (9) architectural treatmenti (10) development features affecting public safety; or (11) development features affecting nearby residential areas. ......... a,~ ~,,~ .............. uae ,r ........... The Commission shall fix a reasonable time for hearing the appeal and decide the same within 60 days of the applicant's site plan submission. The commission may affirm, modify or reverse the decision. Until the planning commission renders a decision, ~, ..... ~ ..... vv~,- v ................... v ....... ~ o .......... pt-,l,-,,~ ........ ~. ~? neither a building permit nor a land disturbance permit shall be issued for any construction that wou|d or could be affected by the appeal. In addition~ the director of planning shall issue a stop work order to the applicant instructing the applicant to cease any construction that could be affected by the appeal. Sec. 19-268.1.Qualification as "Aggrieved Person". Lo). A person is "aggrieved" for the purpose of appealing an administrative approved site plan only if: They are an ovmer or lessee of property adjacent to the site; or They are an owner or lessee of property_ nearby the site who will be adversely affected by the approval of the site plan in an immediate and substantial manner not shared by the public generally. For public facilities, aggrieved shall mean any County citizen who would be reasonably calculated to use such facility. A person shall not be considered adversely affected for purposes of this ordinance by any personal financial hardship anticipated as a result of business competition associated with the proposed use. 1923:56331.1 3 3/28/02 3:48 PM 1923:56331.1 4 3/28/02 3:48 PM Sec. 19-269. Planning commission site plan review process. 000 (e) If the applicant disagrees with the final decision of the planning commission, he may file a written appeal with the circuit court within 60 days of that decision. '- appeak-. In addition, any aggrieved person may contest the planning commission's final decision if permitted by state law. 0822:56943.1 - April 10, 2002 (12:25PM) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 10, 2002 Item Number: 8.A. 1. Subiect: Ordinance Amendments to Section 18-22 of the County Code Relating to Utilities Fee Changes County Administrator's Comments: /~)~ ~ ~ ~ P-~ ~ County Administrator: Board Action Requested: Adopt Attached Amendments to Section 18-22 of the County Code Relating to Utilities Fee Changes Summary of Information: The current rate structure requires that the cost of projects that provide additional capacity to support continued development be recovered from capital cost recovery charges. To provide the required funds, it is necessary to increase the water capital cost recovery charge (water connection fee) by $1,000 for an equivalent residential unit. Effective July 1, 2000, the Board of Supervisors approved the first of a planned four-year, phase-in of this increase from $2,592 to $2,842. The rate was increased a second time from $2,842 to $3,092 effective July 1, 2001. For FY2003, staff is recommending a continuation of the phase-in with a third $250 increase from $3,092 to $3,342 effective July 1, 2002. A fourth increase of $250 is planned for FY2004; however, an evaluation will be made prior to any recommendation. The proposed ordinance is attached. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attachments: Yes ~-~No AN ORDINANCE TO AMEND TI-YE CODE OF TIlE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 18-22 RELATING TO WATER CONNECTION FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 18-22 of the Code o_f the Coun_tv qf Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 18-22 Connection fees. ooo (b) The capital cost recovery charge shall be: Customer Class Meter Number Size of ERU's (inches) per Unit Capital Cost Recovery Charge Water Wastewater (i) For a dwelling, single-family, including townhouses, mobile homes that are not located in a mobile home park, and individually metered multi- family dwelling units. (ii) For a dwelling, two-family (per unit) (iii) For mobile homes that are located in a mobile home park and for master metered multiple- family dwellings (per unit) (iv) For all other customer classes 5/8 1.00 $ 3,342.00 $ 3,092.00 $ 1,465.00 5/8 1.00 $ 3,342.00 $ 3,0,92.00 $ 1,465.00 0.85 $ 2,841.00 o~' ~,,,~°-,,,, ...... $ 1,245.00 5/8 1.00 $ 3,342.00 $ 3,0,92.00 $ 1,465.00 1 2.50 $ 8,355.00 o~' ...... ,, , o,,.,,,, $ 3,663.00 1½ 5.00 $ 16,710.00 $ 15,460,.00 $ 7,325.00 2 8.00 $ 26,736.00 $ 24,736.0,0 $ 11,720.00 3 16.00 $ 53,472.00 $-,~,-~,,-.,,,,$ 23,440.00 4 25.00 $ 83,550.00 $ 77,30,0.00 $ 36,625.00 6 50.00 $167,100.00 o,-~-,,,,,,,,.,,,, $ 73,250.00 8 80.00 $267,360.00 ,o~-~,,.,,,,,.,,,, $117,200.00 10 115.00 $384,330.00 o-,-,moov.v,,~ ........ $168,475.00 12 155.00 $518,010.00 o-,,J,,,,,,.,,,, $227,075.00 The capital cost recovery charge for meters that are larger than 12 the number ofERU's per unit. inches shall be determined by the director based on (v) The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eights inch shall be the same capital cost recovery charge in subsection Co)(iv). (2) That this ordinance shall become effective duly 1, 2002. 0522:52216.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 10, 2002 Item Number: 8.A. 2. Subject: Adoption of an Ordinance Establishing the Annual Tax Levy on Various Classes of Real Estate and Personal Property Coun~ Administrator's Commen~: County Administrator: Board Action Requested: Adopt the attached Tax Rate Ordinance Summary of Information: The Board held a public hearing on March 27, 2002 concerning the attached ordinance regarding annual tax levies. Tax levies on all existing classes of property were advertised as follows:S1.08 for real estate; $3.60 for personal property; $1.00 for machinery and tools; $0.50 for airplanes; $0.96 for personal property for volunteer firefighters, rescue squads, and auxiliary members; $0.0t for wild and exotic animals; $3.24 for vehicles using clean and special fuels; and $0.96 for personal property class for vehicle trailers and semi-trailers with a gross weight of 10,000 pounds or more. The FY2003 budget was prepared at a $1.07 real estate tax rate. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement Attach me nts: Yes ~-~No AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield that for the year beginning on the first day of January, 2001 2002., and ending on the thirty-first day of December, 2001 2002, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $1.08 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as proVided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. 0422:56519.1 -1- Sec. 3. Public Service Corporation Property. (a) On that portion of real estate and tangible personal property of public service corporations which has been equalized as provided in Section 58.1-2604 of the Code of Virginia, 1950, as amended, the tax shall be $1.08 on every $100 of the assessed value thereof determined by the State Corporation Commission. (b) The foregoing subsections to the contrary notwithstanding, on automobiles and tracks belonging to such public service corporations the tax shall be $3.60 on every $100 of assessed value thereof. Sec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed value thereof. 0422:56519.1 -2- CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of I Meetin~l Date: April 10, 2002 Item Number: 8.A. 3. Subject: Adoption of the FY2003-2008 Capital Improvement Program (CIP) County Administrator's Comments: County Administrator: ~ Board Action Requested: Adopt the FY2003-2008 Capital Improvement Program Summary of Information: The County Charter requires that the CIP be adopted by May 1. Staff recommends that the CIP be adopted at this meeting. Following the work session, staff will incorporate any requested revisions into the adopted document. Preparer: Rebecca T. Dickson Title: Director, Budget & Management Attachments: ]Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: April 10, 2002 Item Number: 8.A. 4. Subiect: Adoption of the FY2003 Community Development Block Grant (CDBG) and HOME Annual Plan County Administrator: ~ Board Action Requested: Adopt the FY2003 Community Development Block Grant and HOME Annual Plan Summary of Information: The proposed FY2003 CDBG and HOME spending plans total $1,870,000, comprised of $1,422,000 in new CDBG allotments and $448,000 in new HOME allotments. The County's Community Development Block Grant and HOME Annual Plan for FY2003 is required to be submitted to the U.S. Department of Housing and Urban Development by May 15, 2002. The submission must follow a required public hearing by the Board of Supervisors which was held on March 27, 2002. A Review Committee has made its recommendation to the County Administrator regarding the FY2003 CDBG and HOME funding. Following the work session, staff will incorporate requested revisions into the adopted plan. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement Attachments: [-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: April 10, 2002 Item Number: 8.A. 5. Subject: Adoption of the FY2002-2003 Biennial Financial Plan County Administrator's Comments: County Administrator: Board Action Requested: Adopt the FY2002-2003 Biennial Financial Plan Summary of Information: The County Charter requires that the Budget be adopted by May 1. Staff recommends that the Budget be adopted at this meeting. Following the work session, staff will incorporate requested revisions into the adopted document. Preparer: Rebecca T. Dickson Title: Director, Budget & Management Attachments: ~Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: April 10, 2002 Item Number: 8.A.6. Subject: Adoption of a Resolution to Appropriate Funds for Fiscal Year 2002-2003 County Administrator's Comments: ~'~_~~'~c/ ,/~~ County Administrator: Board Action Requested: Adopt the attached Appropriations Resolution Summary of Information: The County Charter requires passage of an appropriations resolution to authorize the expenditure of funds for fiscal year 2002-2003. The attached appropriations resolution details the allocation of funds consistent with the proposed budget. Changes approved by the Board at the work session will be incorporated into the adopted resolution. As in FY2002, the resolution will withhold $4.5 million of local funding for schools from the appropriation. The County Administrator will be authorized to transfer $1.5 million to the School Fund at three specified times during the fiscal year contingent upon funds availability, thereby increasing the appropriation for schools to the total approved amount. This policy allows for the flexibility to adjust the School appropriation in the event of unanticipated circumstances. Preparer: Rebecca T. Dickson Title: Director, Bud,qet & Mana,qement Attachments: Yes #CCC'-'2~., Meetin~l Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA April10,2002 Page 2 of 2 Summary of Information (continued)- Staff proposes to change the classification of several revenues in the charges for services and miscellaneous revenue categories. A few revenue sources were reclassified from one category to another to assist with GASB 33 and GASB 34 compliance. These resulted in no net change to the budget as presented. The FY2003 appropriations resolution also grants the County Administrator authority to address state and federal revenue shortfalls by enabling him to transfer funds among appropriation categories. Staff will notify the Board of Supervisors of any significant changes. APPENDIX H APPROPRIATIONS RESOLUTION DRAFT A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2003 FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July, 2002, and ending on the thirtieth day of June, 2003, the following sections shall be adopted: Sec. 1 The following designated funds and accounts shall be appropriated from the designated estimated revenues to operate and to provide a capital improvements program for the County. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2002 and due December 5, 2002 be appropriated for FY2003: General Fund Es timated Revenue: Appropriations: From Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, Fees Fines, Forfeitures and Uses of Money & Property Service Charges Miscellaneous and Recovered Costs FY03 Proposed $236,066,600 73,065,200 9,820,200 4,746,000 15,851,200 9,724,500 From Other Agencies: State and Federal 116,895,600 Other Financing Sources: Reserves Transfer from County Capital Projects Transfer from Water Operating Fund Anticipated Fund Balance 7/1/02 Total Revenues 12,412,200 498,400 1,214,500 35,272,700 $515,56Z100 General Government Administration of Justice Public Safety Public Works Health and Welfare Parks, Rec., Cultural Community Development Debt Service Operating Transfers Reserves Ending Fund Balance, 6/30/2003* TotaI General Fund: $31,082,000 5,549,500 95,962,700 15,058300 4Z203 000 15,432 500 10,24£ 800 15,38~ 600 242,73~ 300 1,637 700 35,272,700 $515,56Z100 *This includes encumbrances carried forward in all funds not to exceed $10 million. (See "Section 5") Comprehensive Services Fund Estimated Revenue: Appropriations: School Operating Fund Es timated Revenue: Appropriations: School Capital Projects Fund Estimated Revenue: Appropriations: APPENDIX H APPROPRIATIONS RESOLUTION Reimbursement, Colonial Heights State Aid, Comprehensive Services State, Miscellaneous Transfer from Social Services Transfer from Schools Transfer from General Fund Total Revenue Operating Expenses Total Appropriations Local Sources State Federal Transfer from School CIP Transfer from School Operating State Sales Tax Local Taxes Prior Year Revenue Grounds Maintenance Total General Fund Beginning Balance Total Revenues, Transfers & Reserves Instruction Administration A,/H. Pupil Transportation Operations & Maintenance Debt Service Food Service Grounds Maintenance Total Appropriations Bond Proceeds Interest Earnings Total Revenue School Capital Projects Fund Transfer to School Operating Fund School Projects Total Appropriations School Capital Projects Fund $186,300 3,399,200 120,000 395,2OO 823,500 938,20O $5,862,400 $5,862,400 $5,862,400 $15,681,500 14Z24Z800 1Z420,100 1,45Z800 648,400 36,156,700 175,508,900 6,090,000' 1,462,200 $21%21Z800 1,000,000 $4O2,673,4OO $27Z078,981 14,543,477 1Z78Z330 39,904,512 3Z501,300 14,395,600 1,462,200 $40Z673,400 $34,000,000 1,457,800 $35,45Z800 $1,45Z8O0 34,000,000 $35,45Z8OO County Grants Fund: APPENDIX H APPROPRIATIONS RESOLUTION Estimated Revenue: Appropriations: County CIP Fund From Other Grants From the General Fund Total Revenue Commonwealth Attorney - Drug Court Commonwealth Attorney - Project Exile Community Corrections Services Domestic VioIence Resource Center Options Pretrial Post Trial SABRE Community Development Block Grant Families First Litter Grant Police - COPS/UHP Grants Police Domestic Violence Coordinator Police - Domestic Violence Prosecutor Police - School Resource Officers USDA Juvenile Detention Grant Victim/Witness Assistance VJCCCA Total Appropriations $6,505,600 1,290,500 $7,796,100 378,300 130,800 72,400 59,800 364,600 1,443,000 8Z900 1,870,000 286,000 2Z200 239,300 48,600 66,400 90,000 40,000 301,700 2,290,100 $Z79~100 Estimated Revenue: Bond Proceeds Lease/Purchase Proceeds Interest Earnings Transfer from General Fund Transfer from Cash Proffers State Grants/Reimbursements Total Revenue Appropriations: County Capital Projects Transfer to the General Fund Total County CIP Funds Coun _ty Maintenance Projects Fund $574,800 468,300 498,400 8,262,600 444,400 120,000 $1~368,500 $9,870,100 498,400 $1~36~500 Estimated Revenue: Appropriations: Transfer from General fund TotaI Revenue County Maintenance Projects Total County Maintenance Projects $1,700,000 $1,700,000 $1,700,000 $1,700,000 Cash Proffer Fund APPENDIX H APPROPRIATIONS RESOLUTION Estimated Revenue: Cash Proffers Total Revenues Appropriations: Reimbursement Transfer to County Capital Projects Fund Transfer to School Capital Projects Fund Total Appropriations Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges Radio Shop Charges Total Revenue Appropriations: Fleet Management Charges Radio Shop Charges Total Appropriations Construction Management Fund Estimated Revenue: Reimbursement for Services Total Revenue Appropriations: Construction Management Operations Addition to Retained Earnings Total Appropriations Risk Management Fund Estimated Revenue: Operating Revenues Use of Reserves Beginning Retained Earnings Total Revenue Appropriations: Risk Management Operations Ending Retained Earnings Total Appropriations Airport Fund $589,400 $589,4OO $145,000 $444,400 0 $589,4OO $8,710,500 1,211,300 $9,921,800 $8,710,500 1,211,300 $9,921,800 $507,400 $50Z400 $507,400 0 $50L400 $3,139,700 200,000 3,285,900 $6,625,6OO $3,318,000 3,307,600 $6,625,6OO Estimated Revenue: Sale of Supplies Rental Fees Misc. Revenue Total Revenue $40,000 429,500 5,500 $475,000 APPENDIX H APPROPRIATIONS RESOLUTION Appropriations: Airport Operations Total Appropriations Airport Capital Improvement Fund Estimated Revenue: Transfer from General Fund Lease Purchase Proceeds State Grants Federal Grants Total Revenue Appropriations: Capital Improvements Total Appropriations Utilities Fund $475,000 $475,000 $80,700 0 64,000 405,000 $549,700 $549,700 $549,700 Estimated Revenue: Appropriations: Utilities Capital Project Funds Es timated Revenue: Appropriations: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Transfer from General Fund Used from Water/Wastewater Improvement Replacement Fund Other Revenue Anticipated Future Revenue Total Revenue Operations Debt Service Transfer to County Capital Projects Transfer to Capital Projects Payment in Lieu of Taxes Total Appropriations Transfer from Water/Wastewater Operating Fund Anticipated Future Revenues Total Revenue Capital Projects Total Appropriations $40,340,000 10,61Z000 1,214,500 14,600 3,373,500 6,425,700 11,369,400 $73,354,700 $34,032,300 8,15Z900 70,000 29,880,000 1,214,500 $73,354,700 $18,510,600 11,369,400 $2%88~ooo $29,880,000 $29,88~000 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. APPENDIX H APPROPRIATIONS RESOLUTION Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 15, 16, 17, 18, 19 and 21, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $20,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $20,000. Sec. 4 Sec. 5 The County Administrator may increase appropriations for the following non-budgeted revenue items that may occur during the fiscal year: a) Insurance recoveries received for damage to any County property, including vehicles, for which County funds have been expended to make repairs. b) Refunds or reimbursements made to the County for which the County has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $20,000. All outstanding encumbrances, both operating and capital, in all county funds up to $10 million, at June 30, 2002 shall be an amendment to the adopted budget and shall be reappropriated to the 2002-2003 fiscal year to the same department and account for which they were encumbered in the previous year. a) At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than: Capital Projects, general fund transfers for capital projects and grants, District Improvement Funds, construction reserve for capital projects, reserves, refunds for off-site and oversized water and wastewater facilities, grants, cash proffers, Economic Development Incentive funds, rental income received from properties located at the Meadowville Industrial Park, actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center, Public Safety Career Development Reserve and donations restricted to specific purposes, including donations made by citizens and citizen groups in support of County programs. b) With adoption of this resolution all transient occupancy tax revenue received and related expenditures prior to June 30, 2002 are hereby reappropriated. c) With adoption of this resolution all monies reserved for career development for public safety departments prior to June 30, 2002 are hereby reappropriated. d) With adoption of this resolution all monies reserved for District Improvement Funds prior to June 30, 2002 are hereby reappropriated. e) With adoption of this resolution all monies reserved for the County and School's Reserve for Future Capital Projects prior to June 30, 2002 are hereby reappropriated. f) With adoption of this resolution all grant program income received prior to June 30, 2002 is hereby reappropriated. Sec. 6 Appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriations until the completion of the project or until the Board of Supervisors, by appropriate ordinance or resolution, changes or eliminates the appropriation. The County Administrator may approve necessary accounting transfers between funds to enable the capital projects to be accounted for correctly. Upon completion of a capital project, staff is authorized to close out the project and transfer any remaining Sec. 7 Sec. 8 Sec. 9 Sec. 10 APPROPRIATIONS RESOLUTION ....... ,. ,,, , balances to the funding source. This section applies to all existing appropriations for Capital Projects at June 30, 2002 and appropriations in the 2002-2003 budget. The County Administrator may approve construction contract change orders up to an increase of $49,999 and approve all change orders for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceed 10% of the original contract amount (or 20% if the contract is for less than $500,000). The County Administrator may authorize the transfer of Utilities Capital Projects funds that are 20% or up to $100,000 of the original project cost, whichever is less, from any Utilities Capital Project to any other Utilities Capital Project. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve transfer of excess funds to the funding source upon completion of the project. The approval by the Board of Supervisors to request and accept any grant of funds to the County constitutes the appropriation of both the revenue to be received from the grant and the County's expenditure required by the terms of the grant, if any. Allocation of Food Stamps will be considered a Board approved grant for purposes of this section up to the actual value of food stamps received. The appropriation of grant funds will not lapse at the end of the fiscal year, but shall remain appropriated until completion of the grant or until the Board of Supervisors changes or eliminates the appropriation. The County Administrator may reduce any grant appropriation to the level approved by the granting agency during the fiscal year. The County Administrator may approve necessary accounting transfers between funds to enable the grant to be accounted for correctly. All transfers to grant funds from operating funds are automatically carried over and reappropriated, unless the grant is completed and is to be closed out at June 30. Upon completion of a grant project, County Administrator is authorized to close the grant and transfer back to the funding source any remaining balances. The County Administrator is authorized to reprogram Community Development Block Grant Funds by closing program centers and transferrring funding to newly approved programs based on adoption by the Board of Supervisors. This applies to appropriations for grants outstanding at June 30, 2002 and appropriations in the 2002-2003 budget. The County Administrator may reduce revenue and expenditure appropriations related to programs funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. The County Administrator may adjust items among appropriation categories in order to address state/federal reductions. The Director of Accounting is authorized to make transfers to various funds for which there are transfers budgeted. The Director shall transfer funds only as needed up to amounts budgeted, or in accordance with any existing bond resolutions that specify the manner in which transfers are to be made. Sec. 11 Sec. 12 Sec. 13 Sec. 14 The Treasurer may advance monies to and from the various funds of the County to allow maximum cash flow efficiency. The advances must not violate county bond covenants or other legal restrictions that would prohibit such an advance. The County Administrator is authorized to make expenditures from Trust & Agency Funds for the specified reasons for which the funds were established. In no case shall the expenditure exceed the available balance in the fund. The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $20,000 for supplemental retirement, Worker's Compensation, healthcare for retirees, cost related to other compensation issues, and/or any amount of Insurance Reserve funds consistent with the County's Risk Management program to departments, as needed. The portion of the reserve for capital projects related to the school budget will be added to the reserve for future capital projects in the general fund; and will be designated for school projects. APPENDIX H APPROPRIATIONS RESOLUTION Sec. 15 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 20 Sec. 21 Sec. 22 The County Administrator may appropriate revenues and increase expenditures in excess of $20,000 for funds received by the County from asset forfeitures for operating expenditures directly related to drug enforcement. This applies to funds currently on-hand at June 30, 2002, and all bands received in the 2002- 2003 budget year. The outstanding balance of these bands at June 30, 2002 or June 30, 2003 shall not lapse but be carried forward into the next fiscal year. The County Administrator may increase the general fund appropriation in the School Operating Fund, contingent upon availability of funds and taking into consideration any other expenditures which may have occurred, based on the following schedule: a) Increase general fund transfer/appropriation on December 15 by $1,500,000. b) Increase general fund transfer/appropriation on February 15 by $1,500,000. c) Increase general fund transfer/appropriation on April 15 by $1,500,000. Subsequent to all audit adjustments, the County Administrator may increase appropriations or authorize transfers of existing appropriations at June 30. This includes the authority to designate all available FY2002 operating funds to the general fund Reserve for Capital Projects or for subsequent years appropriations, assuming ending general fund balance is maintained at a minium of 7.5% of general band expenditures. The County Administrator is authorized to reallocate funding sources for Capital Projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties. This authority would include the appropriation of transfers among bands to accomplish such reallocations. Budgets for specific Capital Projects will not be increased beyond the level authorized by Sections 3 and 4. This applies to bands currently on-hand in FY2002, and all bands received in the 2002-2003 budget year. The County Administrator is authorized to transfer among appropriation categories any amount of funds associated with implementation of the Comprehensive Services Act for at-risk youth and families and funding associated with the implementation of the VJCCCA Grant to record transactions. Salaries for Planning Commissioners will be increased equivalent to the increase given to all County employees. Effective upon adoption of this resolution, the County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. Beginning with the FY97 budget and effective upon adoption of this resolution, the Utilities Department rate stabilization reserve shall be created and maintained as per guidelines outlined below: a) The minimum annual contribution to the reserve will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25 % of that utility's fixed asset accumulated depreciation. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four-fifths Sec. 23 Sec. 24 Sec. 25 APPENDIX H 0 APPROPRIATIONS RESOLUTION vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 23 a, Sec. 23 b, and Sec. 23 c. Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure changes within the school appropriations as follows: a) Transfers of $20,000 or less are subject to the approval of the Superintendent. b) Transfers of $20,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. The County Administrator is authorized to reclassify budgeted revenues, as appropriate, to reflect implementation of the State's Personal Property Tax Relief Act. This applies to funds currently on-hand in FY2002, and all funds received in the 2002-2003 budget year. The County Administrator is authorized to reduce the current year departmental budget appropriation by the same dollar amount of the prior year overspending inclusive of encumbrances carried forward. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: April 10, 2002 Item Number: Subiect: Nomination/Appointment to the Airport Advisory Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/Appoint a member to serve on the Airport Advisory Board. Summary of Information' The purpose of the Airport Advisory Board is to advise the Board of Supervisors on those matters pertaining to the airport, including long term conceptual planning, the Airport Master Plan and development plans, and flight and airport safety. The advisory board may perform other duties as directed by the Board of Supervisors. Due to the resignation of Mr. Charles "Hank" Sims on July 12, 2001, from the Bermuda District, Mr. McHale has requested, and Mr. Rick Young has consented, to serve out the remaining term, which ends on February 14, 2004. Under the existing Rules of Procedures, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the rules of procedures are suspended by unanimous vote of the board members present. Nominees are voted on in the order that they are nominated. Preparer: Title: Director of General Services Attachments: ['~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 8.9.2. Subiect: Nomination/Appointment to the Parks and Recreation Advisory Commission County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint one member to serve on the Parks and Recreation Advisory Commission. Summary of Information: The Commission is a panel of County citizens who will act as a liaison between the public, the Board of Supervisors, and the County Administration. The Commission will review public input concerning parks and recreation facility development and programs and will work closely with the Department of Parks and Recreation to advise on long-range planning, policy, direction, and other critical issues. Mr. Jack McHale, Bermuda District Supervisor, has recommended that the Board nominate and appoint Ms. Lynn Crump to fill the vacancy of Mr. Bryan Walker. The term will be effective immediately and will expire December 31, 2003. Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are vote to done in the order in which they are nominated. Preparer: Michael S. Golden Title: Director~ Parks and Recreation Attachments: ~-~ Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meeting Date: April 10, 2002 Item Number: s.c. Subject: Consideration of an Ordinance on an Emergency Basis Amending County Code Provisions Relating to Hunting with Rifles and Handguns and Setting of a Public Hearing for Re-Adoption of the Ordinance County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the attached Ordinance on an emergency basis and schedule a public hearing for May 22, 2002 to consider re-adoption of the Ordinance. Summary of Information: Since 1990, the County has prohibited the hunting of deer with rifles in the County except with muzzle-loading rifles. Recently, the State Department of Game and Inland Fisheries ("DGIF")adopted regulations that define the term "muzzle-loading rifle" in a manner which is inconsistent with the County's ordinance. Accordingly, it is necessary for the County to amend its ordinance to make it consistent with the DGIF definition. The attached ordinance amendment would make the necessary change. The proposed ordinance adopts the state definition of the term muzzle-loading rifle so that if the state once again amends the definition it will not be necessary to amend the County ordinance. Preparer: , Steven L. Micas Attachments: -~No liUe: County Attorney 0505: 56799.1 ( 56699.1 ) Meeting Date: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA April 10, 2002 Item Number: Page 2 of 2 In addition to the new definition of muzzle-loading rifle, the attached ordinance also proposes to add turkey to deer as an animal that may not be hunted with any type of rifle other than a muzzle- loading rifle and to restrict the hunting of other game species such as doves, ducks and geese with a rifle or handgun with a caliber larger than .22 rim fire. The ordinance does not restrict hunting of any game species with a shotgun. These proposed changes are also consistent with state regulations adopted by DGIF. The Police Department has discussed these proposed changes with DGIF and with representatives of the County's hunting community and both DGIF and the hunting community support the changes. State law provides that local hunting ordinances similar to this one can only be enforceable if the County notifies the Director of DGIF by registered mail before May 1 of the year in which the ordinance is to take effect. Since it is not possible to advertise for a public hearing and adopt the ordinance before May 1, the Board is requested to adopted the ordinance on an emergency basis so that it can be sent to DGIF in time to be enforceable this year. After ordinances are adopted on an emergency basis, the Board must then hold a public hearing within 60 days of the emergency adoption and re-adopt the ordinance or else the ordinance will expire. Staff is requesting that the Board adopt the ordinance on an emergency basis now and schedule a public hearing for May 22 to re-adopt the ordinance. 0505:56799.1 (56699.1) AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 14-12 RELATING TO HUNTING WITH RIFLES OR HANDGUNS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Section 14-12of the Code qf the Count_ of Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-12. e- _ ,,~ .... 1~ l^_a:___:.~ oamc--.,~,,~,,-~,,,,~.l~ ...... Hunting with rifles or handguns. (a) No person shall hunt deer or turkey with a rifle of any ~,.,o,, ..... v .... a --~-~,~.,,-.,,-,--~ ..... ,~,--~ -~,- or,,,, ....... ,~,,-,,,~,~.l~ o,.,~o,~, in Chesterfield County,_ exce as provided in subsection (c) herein. bLb3 Small game species may be hunted only with a rifle or handgun that has a caliber no larger than .22 rimfire and only during the prescribed open seasons, unless prohibited by the Code of Virginia, Virginia Administrative Code, or federal law or regulations. Lq) It shall be lawful to hunt game species with a muzzle-loading rifle during the prescribed open seasons. For the purpose of this section a muzzle-loading rifle is any rifle as defined by Title 29 of the Code of Virginia or Virginia Administrative Code Section VAC15-90-80. Ld_) For the purpose of this section, game species shall be those species as defined by the Code of Virginia or the Virginia Administrative Code. (-e-).(_~ Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor. (2) That this ordinance shall become effective immediately upon adoption. 0505:56699.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2001 Item Number: 8.D.l.a. Sub!ect: Resolution Recog'nizing the Week of April 28 - May 4, 2002, as "Municipal Clerks Week" Coun~ Administrator's Comments: County Administrator: Board Action Re~_uested: Adopt the attached resolution. Summary of Information: The attached resolution is to recognize "Municipal Clerks Week" Chesterfield County. in Lane B. Ra~-~ey/ Attachments: Yes ~'] No Title: County_ Administrator RECOGNIZING APRIL 25, 2002 THROUGH MAY 4, 2002, AS "MUNICIPAL CLERKS WEE~' WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, Municipal Clerks serve as the information center on functions of local government and the community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we accomplishments of the Office of the Municipal Clerk. recognize the NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the week of April 28, 2002 through May 4, 2002, as "Municipal Clerks Week" and extends their appreciation to Chesterfield's Municipal Clerks, Mrs. Lisa Elko and Mrs. Janice Blakley, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 ofl Meetin~l Date: A~ril 10, 2002 Item Number: 8.D.l.b. Subiect: Resolution Recognizing April, as "Confederate History and Heritage Month" County Administrator's Comments: County Administrator: Boa~Action Requested: Request that Board approve as presented. Summary of Information: The Chesterfield Dialogue Group recommends the approval of the attached resolution with the understanding that this issue will not be submitted for approval in the future. The only difference between the resolution submitted for approval last year and the one attached, is the removal of the date, however, the wording remains the same. The dialogue group includes the Chesterfield Chapter of the NAACP, Sons of the Confederate Veterans, Southern Christian Leadership Council, Elliott Greys Chapter #1877, United Daughters of the Confederacy, the faith-based community, business community and county leadership. Again, this resolution is acceptable to this diverse group. The Dialogue Group wishes to commend the Board of Supervisors for their willingness to explore innovative approaches to addressing sensitive issues, as well as their continuing support. Attachments: Yes # Services ~N0 RECOGNIZING APRIL, AS "CONFEDERATE HISTORY AND HERITAGE MONTH" WHEREAS, the war between the states is one of the most important and pivotal periods of American history, and this period is a source of both pride and pain for descendants of African-Americans and Confederate veterans; and WHEREAS, this unique period in the history of Virginia and our nation deserves appropriate recognition, education and remembrance; and WHEREAS, both the descendants of Confederate soldiers and descendants of slaves agree that the institution of slavery was an abomination and welcome an opportunity for an open dialogue for healing to improve relationships within our community; and WHEREAS, in the spirit of healing and reconciliation, Chesterfield County and the descendants of Confederate veterans denounce the misuse and dishonoring by hate groups of the symbols of the Confederate armed forces; and WHEREAS, the men who fought for the Confederate armed forces shed their blood on the battlefields in Chesterfield County and across this nation defending their nation, their homes and families; and WHEREAS, these men and women believed in virtues which can still be admired today, such as: honor, chivalry, patriotism and self-sacrifice; and WHEREAS, at war's end, the Confederate forces pledged their allegiance to the United States of America and returned home in peace to forge a new and unified nation. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes April, as "Confederate History and Heritage Month." CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date:, April 10, 2002 Item Number: 8.D.l.c. Subject: Recognizing April 2002, as "Child Abuse Prevention Month" County_ Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution proclaiming April, as "Child Abuse Prevention Month" and recognizing the collaborative work of Child Protective Services and the community. Summary_ of Information: April is recognized nationally and in Virginia as Child Abuse Prevention Month. Preparer: ~ c~' ~,, ~~(~_ Snead Title: Director of Social Services Attachments: Yes [-~ No I I I RECOGNIZINGAPRIL 2002, AS '~CHILD ABUSE AND NEGLECT PREVENTION MONTH" AND HONORING THE COLLABORATIVE WORK OF CHILD PROTECTIVE SERVICES AND THE COMMUNITY WHEREAS, Child Protective Services investigation and rehabilitation is the state mandated responsibility of the Department of Social Services; and WHEREAS, the social work staff at the department recognizes its mandate and also recognizes the value of its community partners; and WHEREAS, Social Services staff spends considerable time and energy supporting working relationships through interagency teams and committees; and WHEREAS, the time invested in working on issues from an interdisciplinary perspective is well spent in emphasizing the need for a shared response to families at risk; and WHEREAS, the future brings both new problems and the promise of creative answers; and WHEREAS, all concerned professionals must continue to challenge themselves and each other in constructive and supportive ways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby recognizes the month of April 2002, as "Child Abuse and Neglect Prevention Month" and extends its thanks to the Department's social work staff and their community collaborators. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 10, 2002 Item Number: 8.D.l.d. Sub!ect: Recognizing Mr. Alexi Jude Glasheen, Troop 460, Sponsored by Southampton Baptist Church, Southampton Recreation Association and Stratford Hills United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary. of Information: Staff has received a request for the Board to adopt a resolution recognizing Mr. Glasheen, Troop 460, upon attaining the rank of Eagle Scout. Mr. Gtasheen will not be able to attend the meeting. Lisa Elko Attachments: Yes No Title:Clerk to the Board RECOGNIZING MR. ALEXI JUDE GLASHEEN UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Alexi Jude Glasheen, Troop 460, sponsored by Southampton Baptist Church, Southampton Recreation Center and Stratford Hills United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Alexi has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Alexi Jude Glasheen on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: Aoril 10, 2002 Item Number: 8.D. 2. Subiect: Street-Name Approval County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to approve the names McNeer and Rath for use in the naming of several roads in the development known as The Village at Swift Creek. Summary of Information: The Environmental Engineering Department has been requested by BET Investments to use the names McNeer (Bradley C. McNeer, volunteer fireman killed in the line of duty) and Rath (Craig Rath, policeman killed in the line of duty). Per County Code, Section 16-12.b., street names using proper names must be approved by the Board of Supervisors. Staff Recommendations: Staff recommends that the Board of Supervisors approve the use of McNeer and Rath as road names in The Village of Swift Creek. District: Matoaca Preparer: f,~~C ~ Richard ~cElfish Attachments: Yes [-~ No Title: Director of Environmental Engineering 800 0 800 Parcel Map of Chesterfield County Ch~ ~xfi~kl C ot~nty %~mm~ ~ ~.o 1~ gtl r~pol~iSili~ f~ ~o~co~do~m~p. ~ m~p ~ ~t~ b~u~for h~ co~t~. NAVD29. N JRT. 288 ~ HULL STREET RD COMMONWEALTH CENTRE PKWY BRAD UCN EER CRAIO RATH BLVD Prints4 bi: l~nviron m ~t~llln~in~erin~'Di~: Thu Mi rl4 10:05::{9 20(,2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: April 10, 2002 Item Number: 8.D.3.a. Subject: County Administrator's Comments: County Administrator: Award of Construction Contract for County Project #00-0124R PCWWTP- Secondary Clarifiers Renovation Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Inco, Inc. in the amount of $204,297.00 and authorize the County Administrator to execute the necessary documents. Summary of Information: The project consists of replacing mechanical equipment that has reached the end of its useful life in the existing secondary clarifiers at the Proctors Creek Wastewater Treatment Plant. Staff received four (4) bids ranging from $204,297.00 to $446,619.00. The lowest bid was in the amount of $204,297.00 submitted by Inco, Inc. The county's engineering consultant, R. Stuart Royer & Associates, evaluated the bids and recommends award of the contract to the lowest bidder, Inco, Inc. Funds are available in the current CIP. District: Preparer: Bermuda Title: Assistant Director of Utilities Attachments: ¥CS --] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: Anril t0. 2002 Number Bud.qet and Mana.qement Comments: The Board of Supervisors is requested to award the construction contract for the PCWWTP-Secondary Clarifiers Renovation project to Inco, Inc., the lowest bidder in the amount of $204,297. Funds are available for this project in the current CIP. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 8.D.3.b. Item Number: Meetin~l Date: April 10, 2002 Subiect: Award of Construction Contract for County Project #01-0200R Lee Street & De Lavial Street Water Main Rehabilitation County Administrator's Comments: ~/~.~_¢..o~-~,~ /J,'~ County Administrator: ~ Board Action Requested: Staff requests that the Board of Supervisors award the construction contract to Godsey & Sons, Inc. in the amount of $141,089.00, authorize the transfer of $30,000 from 968300R-Contingency Fund, and authorize the County Administrator to execute the necessary documents. Summary of Information: The project consists of approximately 1900 if of 8" water main, three fire hydrants and all associated appurtenances in Lee and De Lavial Street as shown on the attached map. The new system will provide improved fire protection and reliability. Staff received eleven (11) bids ranging from $141,089.00 to $210,948.00. The lowest bid was in the amount of $141,089.00 for Godsey & Sons, Inc. The county's engineering consultant, Austin Brockenbrough & Associates, evaluated the bids and recommends award of the contract to the low bidder, Godsey & Sons, Inc. The low bid exceeds the current appropriation and $30,000 will be transferred from 968300R-Contingency Fund to cover the shortfall. Funds are available in the current CIP. District: Preparer: Bermuda · C~ington Title: Assistant Director of Utilities Attachments: Ycs No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetina Date: Anril 10. 2002 Number Bud.qet and Mana.qement Comments: The Board of Supervisors is requested to award the construction contract for the Lee Street & De Lavial Street Water Main Rehabilitation project to Godsey & Sons, Inc., the lowest bidder in the amount of $141,089. The low bid exceeds the current appropriation for this project. Should the Board of Supervisors award the contract, staff also requests that the Board of Supervisors authorize the transfer of $30,000 from the Water Contingency Fund to cover the current funding shortfall. With the Contingency Fund transfer, funds are available in the current CIP. Preparer~J~/~J~ Rebecca T. Dickson Title: Director, Budget & Management Lee Street & De Lavial Street Water Line Rehabilitation County Project #01-0200 / / a5~24 ,4412 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 2 AGENDA Meeting Date: April 10, 2002 Item Number: 8.D.4.a. Su~ect: Request for a Music/Entertainment Festival Permit for Sundays' Restaurant Outdoor Concert on May 27, 2002 Coun~ Administrator: ~ Board Action Requested: The Board of Supervisors is requested to grant a request for a music/entertainment festival permit for Sundays' Restaurant outdoor concert on May 27, 2002. Summa~ of Information: Sundays' Restaurant proposes to conduct an outdoor concert on May 27, 2002 in open spaces not within a permanent enclosed structure and has applied for a Music/Entertainment Festival Permit pursuant to §3-12 of the County Code. The event is planned to occur on the grounds of Sundays' Restaurant located at 4602 Millridge Parkway, Midlothian, Virginia. Sundays' Restaurant will receive all net proceeds generated by the concert. Admission tickets will be sold for $10.00 in advance and $12.00 at the gate. Gates will open at 5:00 p.m. with music beginning at 6:00 p.m. Ail activities will conclude at 9:00 p.m. It is anticipated that approximately 750 people will attend the concert. Sundays' Restaurant will provide all catering. The music/entertainment arrangements have been reviewed by the County Attorney's Office and meet the substantive requirements of the ordinance. These arrangements provide adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance coverage, relevant permits and security. Preparer: ~_ m~ Title: County Attorney Steven L. Micas 1223:56451.1 Affachments: l Yes --] No # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: April 10, 2002 Item Number: Sundays' Restaurant conducted outdoor concerts on its grounds similar to the one proposed on Labor Day weekend 2001. During the concert, adjacent neighbors complained about the level of the music. The Police Department investigated and determined that the applicant was in compliance with the conditions of its permit and all other County ordinances. Additionally, in response to earlier complaints that people attending the concert were using parking spaces normally used by Brandermill residents, the applicant has agreed to provide two security officers at the entrance to the Brandermill Community Association ("BCA") Sailing Center an hour prior to the event to insure that no parking by concert attendees is allowed in the approximately 36 parking spaces in the upper and lower parking areas contiguous to the Sailing Center. Mr. Wendell C. Roberts Assistant County Attorney Chesterfield County Administration Building, Room 503 P.O. Box 40 Chesterfield, Va. 23832-0040 Dear Mr. Roberts, Thank you for your assistance with our pursuit of information regarding application for a Music and Entertainment Festival Permit. Sundays' Restaurant, which is located at 4602 Millridge Parkway, Midlothian, Va. 23112, is both the applicant and the event promoter. We will receive all net proceeds generated by the concert May 27th, 2002 Gates will open at 5:00 pm with music beginning at 6:00 pm. All activities will conclude at 9:00 pm. Sundays' Restaurant is owned by Out To Lunch, Inc. at the same address as the restaurant, and will assume full financial responsibility for the concert. The musical group performing will be Fighting Gravity which is managed by David Triano of B.O.B records, 378-4669. Admission tickets will be printed by BOB records, which will be used to control admission to the event. We anticipate being able to admit 750 individuals into the concert area. Admission will be $10.00 in advance, $12.00 at the door. We have contracted Mo-Johns of Cartersville, Va. to provide portolets for the event. Units will be in place for the duration of the event. All post-concert clean up in the actual concert area, and in the parking lots will be conducted by Sundays' staff, and waste will be disposed of by BFI which services the restaurant. Sundays' restaurant will assume all catering needs of concert attendees. Lodging will not be a necessity for our event. We are alerting Manchester Rescue Squad, and Clover Hill Volunteer Fire Department of our event's time and date. We will work with R.M.C. Events Inc. in the event of an emergency to notify the proper medical personnel. Adequate parking facilities are available throughout Sunday Park to accommodate our event. Our concert will occur on a holiday and will not interfere with parking spaces which are utilized for office workers and the Brandermill Church. Outdoor lighting will be utilized only on our stage area to accommodate the needs of the performing band, and their illumination will not extend beyond the property boundaries. Music, both taped and live will be played in such a manner that the sound emanating will not constitute a nuisance to adjacent property owners. We have contracted R.M.C. Events Inc. who will oversee crowd control and all other security components of the concert, along with off duty Chesterfield County Police Officers. Access to Brandermill amenities in Sunday Park including boat ramp, and peninsula parking shall not be compromised by result of concert traffic. Out To Lunch Inc. carries a general liability to insure against injury or damage. insurance policy Our application fee is attached. I trust that the above information is adequate to meet the county's requirements for approval of our Entertainment Festival Permit. Please do not hesitate to call me with any questions. 744-2545 Thank you for your assistance. SinceF¢, ~ Whitne~ Bowe Beverage and Promotions Manager REST. 7447451 P. 01 Mr, Wendell C. Roberts Assistant County .A:ttorriey Chesterfield Comity Administration Building, Room 503 P.O. Box 40 Chesterfield, VA 23832-0040 Dear Mr. Roberts, The officers of Out To Lunch Inc. hereby authorize the county, and its lawful agents, employees, designees or law enforcement officers to enter the property upon which the festival in question will be held any time prior to or during the · ~bstival to determine compliance with the provisions of this article or any state and local statutes, ordinances and regulations. Whime~: Kevin F.t. tealy MAR-04-2002 13:44 ?~147451 P. [31 CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of AGENDA Meeting Date: April 10, 2002 Item Number: 8.D. 4.b. Su~ect: Request for a Music/Entertainment Festival Permit for Enon Optimist Club Shrimp Fest on May 18, 2002 CounW Administrator's Commen~: Coun~ Administrator: Board Action Requested: The Board of Supervisors is requested to grant a request for a music/entertainment festival permit for the Enon Optimist Club Shrimp Fest on May 18, 2002. Summary of Information: The Enon Optimist Club proposes to conduct an outdoor concert on May 18, 2002 in open spaces not within a permanent enclosed structure and has applied for a Music/Entertainment Festival Permit pursuant to §3-12 of the County Code. The event is planned to occur on the grounds of the Enon Optimist Club located at 1101 Point of Rocks Road in Enon, Virginia between 12 noon and 4:00 p.m. The Optimist Club will receive all net proceeds generated by the concert. Admission tickets will be sold in advance for $18.00. It is anticipated that between 800 - 1000 persons will attend the concert. Food and drinks will be provided by outside vendors. The music/entertainment arrangements have been reviewed by the County Attorney's Office and meet the substantive requirements of the ordinance. These arrangements provide adequate measures to insure public safety, fire prevention, medical protection, sanitation, traffic control, insurance coverage, relevant permits and security. Preparer: v- , ( ~ Title: County Attorney Steven L. Micas 1223:56758.1 Affachments: Yes No Mr. Wendell Roberts Chesterfield County Attorney's Office Administration Bldg. #503 P.O. Box 40 Chesterfield, VA 23832-0040 March 24, 2002 Dear Mr. Roberts Thank you for your assistance with our pursuit of an Entertainment Permit for our upcoming Shrimp Festival event. The Optimist Club of Enon is a non-profit organization and is located at 1101 Point of Rocks Road, Chester, Virginia 23836 and is both applicant and event promoter. Proceeds for the event will be received by the Optimist Club. Sponsorship will be handled by selling one half and full page ads ($50,$100) prior to the event and to be placed in a booklet which will be handed out at the event's entry gate. The proposed one day event is scheduled for Saturday, May 18, 2002 from 12:00 noon until 4:00 PM, at the Optimist Club premises located at 1101 Point of Rocks Road in southern Chesterfield County. The Optimist Club will assume all fmancial responsibilities. Live music acts scheduled to perform are "Soma" and "Shaky Ground". Admission will be controlled by printed tickets sold in advance for a price of $18 each. A copy of a printed ticket is attached. We estimate attendance from 800 to 1000 persons. The Optimist Club will contract local vendors for the use of from 7 to 10 portable toilets which will be removed by the selected vendor at the conclusion of the event. The Optimist Club will collect and deliver trash to the Shoosmith location on Route 10. Our contact person is Mr. Michael Cole of Shoosmith Brothers. We are currently in the process of contacting vendors for our food and drinks. Lodging will not be necessary for our event. We will alert the Enon Volunteer Fire Department as well as Bensley Bermuda Rescue Squad of our event date and timd. We will be requesting the necessary police officers for security. Adequate parking facilities will be provided on the premises as well as adjacent to the premises. Outdoor lighting will not be utilized. Live and/or taped music will be played in such a manner that the sound emanating will not constitute a nuisance to area property owners. All sound issues will be under the direct control of the bands stated above as well as the Optimist Club of Enon. The Optimist Club of Enon is insured for $1,000,000 by the Optmist Club International. We also have a separate $1,000,000 liability policy for events and a $50,000 policy covering the buildings on the property. These policies are held by Ford Realty located at 111 West Poythress Street, Hopewell, Virginia 23860. Our contact person is Katy Clayton at (804) 458-6333. Our application fee is attached. It is our hope that the information preceding is adequate to meet the county's requirements for issuance of an Entertainment Permit for our event. If you have any questions, or need additional information, please do not hesitate to call. Thank you for your assistance. Sincerely, Tommy Brockwell (804) 458-5768 Event Coordinator rood STUB I~rD££~1 rol~ rOOD N° 0561 NAME ............................. ADDRESS ..................... PHONE NO E-MAIL: COMPLETE FOR DOOR PRIZE and WRIST BAND~ N2 0561 J CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: April 10, 2002 Item Number: 8.D. 5. Subject: Appropriation of Reimbursement Revenue from the School Board for the School Health Nurse Program County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to appropriate $302,000 in reimbursement revenue from the School Board for the ongoing School Health Nurse Program. Summary of Information: During the development of the FY2002 budget, the Health Department requested that the Chesterfield County School Board set aside funding that could potentially insulate the School Health Nurse Program from state cuts. To address these concerns, the FY2002 schools budget included $302,000 in additional funding that is now available to appropriate in the Health Department's budget. These funds, along with a comparable allocation included in the FY2003 budget, will allow this program to be supported entirely with local (county and schools) funds, and thus be not part of the state/local cooperative budget that will likely be subject to reductions in future years. The Health Department appreciates that the School Board is willing to reimburse the county for a greater proportion of the total costs of the program. Preparer: Dr. William R. Nelson Title: Director, Health Department Attachments: ]Yes No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: Aoril 10. 2002 Number Budget and Management Comments: This item requests that the Board appropriate $302,000 in reimbursement revenue from the School Board for the School Health Nurse Program. In recent years, this program was funded with a combination of state, county, and schools funds. Approval of this action will allow the program to be funded with approximately 45% general funds and 55% schools funds, compared to 18% state, 56% general funds, and 26% schools funds in FY2001. The additional funds from the School Board will insulate this program from potential cuts at the state level. At the same time, the state funds previously allocated to this program will be redirected to other Health Department programs, to address women's and children's health issues. Preparer: ~.'~,~ ~ D )~f/,'-r~ Title: Director, Budget & Management Rebecca T. Dickson CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April 10, 2002 Item Number: s.D.6.a. Subiect: Request to Vacate and Rededicate a Variable Width Storm Water Management/Best Management Practice Easement and a Twenty-Foot Storm Water Management/Best Management Practice Access Easement Across the Property of Capital Realty Associates, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County administrator to execute an agreement to vacate and rededicate a variable width SWM/BMP easement and a 20' SWM/BMP access easement across the property of Capital Realty Associates, L.L.C. Summary of Information: Gene Watson & Associates, P.C. has requested the vacation and rededication of a variable width SWM/BMP easement and a 20' SWM/BMP access easement across the property of Capital Realty Associates, L.L.C. Staff has reviewed the request and recommends approval. District: Bermuda Preparer: .~~,-,~ 7-J'. John W. Harmon Attachments: ~-~No Title: Ri.qht of Way Mana,qer UNE TABLE L1 S11'03'54"E 20.00' L2 Nl(r57'44"W 20.01' CAPITAL REAL3Y ASSOCIATES, L.L.C. 2511 OSBORNE ROAD PIN No. 797-659-6917 slr23'lS'r DB 4022 PG 843 S87"30'24"E S10'57'44" E ~ :=",' LOT2 ] ~.e' VARIA~.LE WIDTH ~\ ~ I? SWld/BIdP EASEMENT ~\,~_\ '" ~ ~ .__~-~'~. {.~ ~. ARE/I-0.998 ACRES .'--- ,-.,~' ' --- ,,.3o. [] ' 11798126.20~ \ ~ ~z CAPITAL ~EALTY ASSOC~TCS, L.L.C. ~. '~ ~_\ 2~ OSBORNE RD. ~' PIN No. 798-659-1508 : ~ sw / P ~- EASEMENT ----.-'- --' ~' -'.\ ) ....... :!,. N11'07'44'W -- -- N10'57'4,4."W 273.00' 328.10' ~ E:XlSTING R/W U.S. ROUTE 1 &: 301 (100' R/V/) COUNTY SITE PLAN 01PR0279 COUNTY UTIL No. 98-0234 1 O0 50 0 1 O0 200 GRAPHIC SCALE: 1" = 100' PL&T SHOMINO A 20' SIrM/BMP ACCESS _.s~_~__s~_ AND A V,UU.~LS WIDTH SW~/]~MP tLq,.~EMENT ACROSS THE PROPERTY' OF cAPrrAL P,s~*rv ASS0C~TSS, L.L.C. IN THE BERMUDA DISTRICT, CHESTERFIELD COUNTY', VIRGINIA REV.: Ol-O7-o2 REV.: O9-~0-01 "RB/.~ 09-04-0~ ~ REV.: 12-10-98 SCALE 1" = 100' ~Lc'~VLr J~,'q/'"~'(~W ~' ,,q,..~(~Z4/'L¢~, ~.~DATE: 9~-2¢-98 422~ ~NN*E eANK 80,~ JN 2433BMP RICHMOND VIRGINIA 804--271-8038 FILE: CJT-2286BMP CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 8.D.6.b. Subiect: Request to Vacate and Rededicate a Variable Width Drainage Easement (Public) Across the Property of Capital Realty Associates, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of supervisors and the County Administrator to execute an agreement to vacate and rededicate a variable width drainage easement (public) across the property of Capital Realty Associates, L.L.C. Summary of Information: Gene Watson & Associates, P.C., has requested the vacation and rededication of a variable width drainage easement (public) across the property of Capital Realty Associates, L.L.C. Staff has reviewed the request and recommends approval. District: Bermuda Preparer: ._~,~ zJ. John W. Harmon Attachments: ~-]No Title: Ri.qht of Way Mana.qer LINE: TABLE ,IO' 7'4 'w ~ N77~'l~E 9.92' U ~'52'0~[ ~.62' L4 ~E57'14"E la.63' UO NS~14'l~W 49.~0' ~ S1Z20'4~E 16.~' Lll ~8~55'19'W 12.96' L8 N~14'l~W ~.68' LOT 2 _ ~ - ~ ~ LOll DI~INAGE EASEME (:PUBLIC) 0.298 ACS. CAPITAL REALTY ASSOCIATES, LL.C. 2501 OSBORNE RD PIN No. 798-659-1508 '"~ m DB 4.022 PG 645 242.62' FOR DEDICATION 240~9' LI(~,~/' : NlrO7'44"W 273.00' 328.1 O' EXISTING R/W JEFFERSON DAVIS HWY U.S. ROUTE 1 & 501 COUNTY SEE PLAN 01PR0279 (100' R/~V) COUNTY UTIL NO. 98-0234 100 50 I 0 .100 GRAPHIC SCN.E: 1 - 100' PL~? SHOII~NG A ~¥~L~ 1F[D?H COUNTY, ~EG[N~ R~ 0~-07 02 .~'='0~-~0~0~ R~: 09-~-01 ~' ~: 12~t'0-98 s~ 1' - lOO' ~EEE ~N ~ ~~, ~C ~TE:"9~2~-98 4221 ~NNIE ~K RO~ '" ~ " JN 245~R~ RICHMOND VIRGIN~ R~: ~-2~6DR~ ~4-271-80~ I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 8.D. 7. Subject: Request to Quitclaim a Portion of a Sixteen-Foot Water Easement Across the Property of Chesterfield Gardens, II, L.L.C. County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Chesterfield Gardens, II, L.L.C. Summary of Information: Chesterfield Gardens, II, L.L.C. has requested the quitclaim of a portion of a 16' water easement across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Bermuda Preparer: ~"~ 7.J. ~,',-, Title: John W. Harmon Attachments: Ycs J--~ No Right of Way Manager GRAPHIC sC.~LF. HUNDRED ROAD STATE ROUTE #~0 ~60' ~XISTING ~00' ULTIMATE PARNN. 8011JNG STAUNTON 1~2329 FAST ~ RO,~ D.8. 823, PT, 179 GPIN: 827643128700000 .. ~ ~ EASEMENT (ro~ ~.%k~v PROPOSED BE VACA ~O) ~~~16' WA ~RLINE ~ ~4'~ EASEMENT PLA T of 16' WATERLINE EASEMENT & A PORTION EXISTING 16' VA TERLINE EASEMENT BE VACATED ACROSS .THE PROPERTY OF CHESTERFIELD GARDENS II, L,L.C. BERMUDA DIS TRIC T CHESTERFIELD COUNTY, VIRGINIA .,TCAL£ ~ 1' m ~0' 14,ARCH 13, ClV.rL ENGINEERS - ~$ - ~ =~VE~S CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subject: A~ril 10, 2002 Item Number: 8TDT8~ Request Permission to Construct a Fence within a Sixteen-Foot Drainage Easement and an Eight-Foot Easement Across Lot 20, Block F, Lake Crystal Farms, Section E County Administrator's Comments: County Administrator: BoardActionRequested: Grant Stanley A. Green, permission to construct a fence within a 16' drainage easement and an 8' easement across Lot 20, Block F, Lake Crystal Farms, Section E, subject to the execution of a license agreement. Summary of Information: Stanley A. Green has requested permission to construct a fence within a 16' drainage easement and an 8' easement across Lot 20, Block E, Lake Crystal Farms, Section E. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: ~~ ~J" ~'~ Title: John W. Harmon Attachments: ~--~No Ri,qht of Way Mana,qer CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: A~ril 10, 2002 Item Number: 8.D.9.a. Subject: Acceptance of Six Parcels of Land Along the East Right of Way Line of Jefferson Davis Highway, the South Right of Way Line of Pinehurst Street and the West Right of Way Line of Elokomin Avenue from Melvin L. Fisher County Administrator's Comments: //~¢.~.~¢,v.~.4~/_.c~ 6Z/-~~~ County Administrator: Board Action Requested: Accept the conveyance of six parcels of land containing at total of 0.271 acres from Melvin L. Fisher, and authorize the County Administrator to execute the necessary deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of six parcels of land containing at total of 0.271 acres along the east right of way line of Jefferson Davis Highway (US Route 1 and 301), the south right of way line of Pinehurst Street (State Route 1404) and the west right of way line of Elokomin Avenue (State Route 1401). This dedication is for the development of Garden Traditions. Approval is recommended. District: Bermuda John W. Harmon Attachments: Yes ~-]No Title: Ri.qht of Way Mana,qer 366~145,10a SITE PLAN No. 02-PR0182 11795599.756 UTILITY No. 00-0139 n.15' ~CONS~EsM~r~ ~ ~L LOTS ~E IN .......... r~/z BELLM~DE SUBDMSION ~_~ ~ ~ ~ PB 7 PG 29 _ _ J ~/~ -o. 7 i1 1 RIGHT-OF-WAY ,"O0/F ~25.00'. -- ~ ' ~ i ~DEDICATION 0.271 ACS.(TOTAL) '=~ ss~o9,,.,3o.~,,..~ w ~;~5.00."O0/F ~U~ ~ 1078 ~ 6~ ~ A. WADLER 10' ~W. ~M'T DB 1232 PC 3277 1~5 ~ 713 795-664-9289-~0~ 10410 ELOKOMIN A~. 10' I:~. WATER De PG 125 PIN No. 795-6~4-7984.-00000 ACS. PIN No. 795-664-8376-0(XX)0 20.00'. S68'09'10"W 150.00' 3864673.5GG 795788.761 HARRY FRATARCANC,ELO, et. el. DB 2620 PC, 519 795-664-8967-00000 10420 ELOKOMIN AVE, PARCEL INFORMATION OWNF.~: MELVIN L- FISHER PIN No. 795-865-8407-00000 10400 ELOKOMIN AVE. DB 4068 PC, 469 LOTS 1-3 PIN Ne. 795-865--8810-00000 10401 JEFFERSON DAVIS HWY OB 4088 PC, 469 LOTS 30-AND '3'1' ' '. PIN No. 795-665-7102-00000 10411 JEFFERSON DAVIS HWY DB 4068 PG 469 LOTS 32-36 PIN No. 795-664-7592-00000 10431 JEFFERSON DAVIS HWY DB 4068 PG 469 LOTS 37-39 PIN No. 795-664-7984-00000 10501 JEFFERSON DAVIS HWY DB 2128 PC 1839 LOTS 40-43 PIN No. 795-664-~376-00000 , ~ 10511., JEFFERSON DAVIS HWY 50 0 6O 120 DB 2128 PC 1839 GRAPHIC SCALE: 1" = 60' LOTS 44-47 PLAT SHOWING A TOTAL OF 0.271 ACRES OF LaND TO BE DEDICATED TO THE COUNTY OF CHESTERFIELD LOCATED IN THE BEI~UDA DISTRICT, CHESTERFIELD COUNTY, VIRGINIA SCALE 1" - 60' GENE WA/SON & AESOCIATEE, P.C. DAT£:REV': 11-19-01 4221 BONNIE BANK ROAD 11-09-0~q,~,.~..~,~ ,~ ,~,,1 RICHMOND VIRC,INIA ~/~"~'~ ~-~U JN 5315ROW 804-271-8038 FILE: CJT-5102ROW CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: A~3ril 10, 2002 Item Number: 8.D.9.b. Subiect: Acceptance of a Parcel of Land Along the West Right of Way Line of Second Branch Road from Stephen M. Bramlet and Angela B. Bramlet County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.083 acres along the west right of way line of Second Branch Road (State Route 653), from Stephen M. Bramlet and Angela B. Bramlet, and authorize the County Administrator to execute the necessary deed. Summary of Information: This dedication is for the development of Carters Mill East subdivision. Approval is recommended. District: Matoaca Preparer: ~~ 7-J. ~,'~f--~,,.--,', Title: John W. Harmon Attachments: J--]No Ri.qht of Way Mana.qer I i I I I . t ! ! I' I I ~ i I I I' I I ~"r,~r~ ~ ~.~t)' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: A~ril 10, 2002 Item Number: ~Tp. 9.c. Subject: Acceptance of a Parcel of Land Along the West Right of Way Line of Second Branch Road from Horace L. Hall, Jr. and Michelle D. Hall County Administrator's Comments: /~ cc~ o, wa.~cF.-~<~ ~~ County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.162 acres along the west right of way line of Second Branch Road (State Route 653) from Horace L. Hall, Jr. and Michelle D. Hall, and authorize the County Administrator to execute the necessary deed. Summary of Information: This dedication is for the development of Carters Mill East subdivision. Approval is recommended. District: Matoaca Preparer: ~i/f'~ Z~'. ~-- Title: John W. Harmon Attachments: ~---] No Right of Way Manager I '1~ I I I I I I I I I I i I. I ~ / / CH ESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: A~ril 10, 2002 Item Number: 8.D.9.d.. Subiect: Acceptance of Two Parcels of Land Along the West Right of Way Line of Newby's Bridge Road from Douglas J. and Deborah A. Hackman County Administrator's Comments: //~_.cc--.,x,4~_.4~ ~ ~ County Administrator: Board Action Requested: Accept the conveyance of two parcels of land containing a total of 0.414 acres along the west right of way line of Newby's Bridge Road (State Route 649) from Douglas J. and Deborah A. Hackman, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of these parcels conform to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Preparer: ~,.~ 7..J'. <~-- Title: John W. Harmon Attachments: Ycs ~No Ri,qht of Way Mana,qer ~ rT. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 8.D.9.e. Subiect: Acceptance of a Parcel of Land Along the East Right of Way Line of Krause Road from Jerman Hunter, Edwin H. Hunter, the Estate of Virginia Ryan, Brian Corbin and Peter M. Huber, Trustee County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.384 acres along the east right of way line of Krause Road (State Route 903) from Jerman Hunter, Edwin H. Hunter, the Estate of Virginia Ryan, Brian Corbin and Peter M. Huber, Trustee, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Dale Preparer: ~,~ zJ. (~~'~ Title: John W. Harmon Attachments: Yes ~'-] No Ri.qht of Way Mana~qer ':'::..,;i ~ , ':,.'4, ~:~. ~- ~. ....... ::,./..~,;]. ; .!I_ :';..:i;;, · B ,I ~/ .. ~.~'-- , , ! .'.,.'.; .i -.J i '::..:~;(, ,' i · .,:~;:~ . ..' ~ \',. , ' ~ ~i .j~ ,,,,,~.,~~. ii. i,. .... ~'~ ,?~, ~ ~ ..... CH ESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 8.D.10.a. Subiect: Conveyance of an Easement to Virginia Electric and Power Company County Administrator's Comments= j~.~ ~~,~ J A/,.,~~~_ County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve Curtis Elementary School. Summary of Information: Staff recommends that the Board of Supervisors authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Virginia Electric and Power Company for underground cable to serve Curtis Elementary School. District: Bermuda Preparer: ~'~ ~.j. _c~~,-,-~ Title: John W. Harmon Attachments: ~"] No Right of Way Manager r-CZ. 3 URTIS ELEMENTARY SCHOOL GPIN #7926.56928300000 CHESTERFIELD COUNTY HUNDRED ROAD Legend Loc(r~Jon of Boundary IJnea of Right-of-Woy 15' ----.~-.----Indicotem Property Une is Rlght-of-Woy '~ Bo.undery Page 1 of 1 Plat to Accompany Right-of-Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY "' doing business as Dominion Virghaia Power u¢ 'District Dlstfict-Township-Borough ~BERHU~DA attica PETER$]~URG Estimate Number County-City State CHEST£RFLD CDVA Plat Number 02-02-0006 Grid Number 241414 Date By MO141 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: A~ril 10, 2002 Item Number: 8.D. 10.b. Subiect: Conveyance of an Easement to Verizon Virginia Inc. County Administrator's Comments: County Administrator: Board ActionRequested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute an easement agreement with Verizon Virginia Inc, to install underground cable to serve the new Matoaca High School. Summary of Information: Staff recommends that the Board of Supervisors approve the conveyance of an easement to Verizon Virginia Inc. to install underground cable to serve the new Matoaca High School. District: Matoaca Preparer: ~",~ 7.J, ~--~--~ Title: John W. Harmon Attachments: ~-~ Yes No Ri.qht of Way Mana.qer CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 5 Meetin~l Date: Subject: Ar~ril 10, 2002 Item Number: 8.D. 11. Set a Public Hearing Date for April 24, 2002 to Revise FY02 School Capital Improvement Appropriations County, Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to set a public hearing date for April 24, 2002 to increase estimated revenue and appropriations in the School Capital Improvements fund in the amount of $2,629,593. Summary of Information: The bond referendum, overwhelmingly approved on November 5, 1996, yielded $174,799,000 for new schools, renovations, and technology and will benefit every school in the county. In addition, $31,310,000 was committed over this six-year period from the CIP Reserve. Projects approved in the bond referendum with current appropriations are included in the following CIP analysis. An increase to estimated revenues is needed from the following sources: an additional transfer of $25,000 from the Reserve for School Capital Improvements; a transfer of $1,777,686 from the Governor's Technology Grant; and a transfer of $812,700 from School Food Service funds. In addition, there is a need to increase estimated interest earnings and increase the transfer to School Operating appropriation by $14,207 to cover the arbitra¢'e rebate on the 1997 GO bonds. The total increase to the School CIP wil Attachments: Yes e $2 ,629,593. Title: Superintendent CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of Evaluation/Analysis CURRENT STATUS Attachment A-1 is a financial schedule delineating the current status (as of January 31, 2002) of the School CIP projects. This schedule includes the beginning budget by project including the appropriation for the January 2002 bond sale, the current budget including changes by project this year, and the revised needs budget resulting in a surplus or deficit. The schedule also provides the project status (new, open, complete, to be closed June 30, 2001, or delayed) for the current period. The current status reported for this quarter is as of January 31 and reflects a balanced program. Recommended revisions for year-end are discussed below and are included in Attachment A-2. II. RECOMMENDED REVISIONS New Matoaca High School - Additional funds are needed to cover the final costs identified for technology at this location. This school is the Technology Specialty Center for the School system and there is a need to purchase additional computers for this purpose. A transfer of $1,374,263 of State construction funds from the Chesterfield Technical Center project will bring the total budget for the New Matoaca High School to $48,588,801 and will provide the needed funds to complete this project. Bailey Bridge Middle School Renovations - Miscellaneous costs including building permits, advertising and construction management costs require an additional appropriation to this project of $25,000. The balance in the School Reserve for Capital Improvements account is $56,286.76 and use of $25,000 would leave a balance of $31,286.76 in this account. Clover Hill High Renovations - School Board staff has determined there is a need to study potential renovations to Clover Hill High School; however, it is in the best interest of the school system to conduct a feasibility study prior to making any decisions. The estimated cost of this study is $35,000 and Reserve for School Capital Improvements can be transferred from the Thomas Dale Renovation project to cover these costs. Meadowbrook High Renovations - Additional funds are required due to technology needs identified for this project. A transfer of $724,274 of CIP Reserve funds from Thomas Dale as well as $157,226 of State construction funds from the Chesterfield Technical Center project will provide the funds needed to complete this project. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 5 Thomas Dale High Renovations - This project is close to completion and a portion of the available funds ($759,274) need to be transferred to the Meadowbrook High project to cover additional costs associated with technology ($724,274) and to the Clover Hill High Renovation project for a feasibility study ($35,000). Monacan High Specialty Center - This project is complete and has been closed out at June 30, 2001. There is a balance of proffered funds in the amount of $335,253 available in this project and these funds need to be transferred to the Monacan High Field House project at this time. Monacan High Field House - Proffered funds of $335,253 are currently available in the Monacan High Specialty Center completed project. These funds along with the transfer of $417,686 of proffered funds from the James River Governor's Technology project will provide the majority of the funding needed for this new project. Chesterfield Technical Center - The FY02 State construction funds in the amount of $1,531,489 were budgeted in this project; however, this project has been placed on hold and these funds are needed to provide funding needs at the New Matoaca High project as well as the Meadowbrook High Renovations project. Governor's Technology Projects include James River High, Midlothian High, Monacan High, and Chesterfield Community High. The James River High project needs increased funding of $110,000 to cover needs at this location. In addition, proffered funds of $417,686 need to be transferred to cover needs at the Monacan High Field House project and technology funds are needed in the James River project to replace the proffered funds. Midlothian High, Monacan High and Chesterfield Community High technology projects need to be funded to provide the capability of on-line testing at these locations. The estimated cost for these projects is $500,000 each for Midlothian and Monacan and $250,000 for Chesterfield Community High. Total technology needs described here of $1,777,686 are available in the Governor's Technology Initiative grants; therefore, the funds need to be transferred from the School Grants Fund to these projects. Food Service Projects - A total of $812,700 is needed in the School CIP fund for various School Food Service projects. School Food Services has identified the need to transfer funds of $524,700 from the Federal Food Service Fund to the School CIP Fund. Funds are available within the current Federal Food Service Fund to cover the needs described in the chart below. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 5 Location Project Estimated Cost Grange Hall Elementary Kitchen Renovation $425,000 Bellwood Elementary Walk-in freezer 67,500 Bon Air Elementary Walk-in freezer 28,600 J. A. Chalkley Elementary Kitchen Renovation (140,000) Crestwood Elementary Walk-in freezer 26,000 C. E. Curtis Elementary Walk-in freezer 34,700 A. M. Davis Elementary Walk-in freezer 35,100 F. C. Elementary Walk-in freezer 30,100 W. W. Gordon Elementary Walk-in freezer 33,300 Walk-in freezer Harrowgate Elementary J. G. Hening Elementary 32,100 Kitchen Renovations (165,000) J. B. Watkins Elementary Walk-in freezer 34,800 Manchester Middle Walk-in freezer 33,500 Midlothian Middle Walk-in freezer 31,500 Robious Middle Dining Room (additional) 7,500 Salem Middle Dining Room (architect) 10,000 Total Non-Federal project $524,700 The non-federal Food Service fund needs to transfer $288,000 to cover high school food service capital projects. Funds are available within the current Federal Food Service appropriation to cover the needs described here. Location Project Estimated Cost L. C. Bird High Dining Room Renovation $(132,000) James River High Dining Room Renovations 55,000 Clover Hill High Dining Room Renovations 215,000 Thomas Dale Hiqh Dining Room Renovations 150,000 Total Federal Food Service $288,000 Arbitrage Rebate on 1997 General Obligation (GO) bonds - Chesterfield has received the arbitrage rebate calculation on the 1997 GO bonds. The School Board's hares is $77,258. There is $63,051 of appropriation available to cover a portion of this; however, an additional appropriation of $14,207 is needed to cover the full calculation. III. IMPACT OF THE RECOMMENDED REVISIONS Attachment A-3 reflects the revised status of the current CIP projects following approval of the revisions requested above. All projects are balanced if funding and appropriation revisions are approved as requested in this memorandum. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 5 of 5 Meeting Date: Anril 10. 2002 Number Budget and Management Comments: This School Board request is to set a public hearing to consider the increase in school capital projects totaling $2,629,593. The majority of this funding ($2,615,386) is a transfer from current available sources as described in the detail of the agenda item. However, technically this action does create an increase in the school capital projects budget; and therefore, will require an additional appropriation for record keeping purposes. Also requested is an appropriation of $14,207 in 1997 bond interest earnings in order to cover a required arbitrage rebate payment in the amount of $77,258. Preparer: ~-~ ~'~ ~)~/~ Rebecca T. Dickson Title: Director, Budget & Manaqement New Facilities Spdng Run Elementary New Matoeca High School Th~tna~ R. Fu~hum Center To~l New F~iitie~ CHESTERFIELD COUNTY PUBLIC SCHOOLS SCHOOL CIP PROJECT REPORT CURRENT STATUS (as of January 31, 2002) Beginning Current Revised Needs Surplus FY02 Budaet Budaet Budaet (Deficit) 11,789,948 11,789,948 11,789,948 0 43,012,040 47,214,538 48,588,801 (1,374,263) 2.798.015 2.798.015 2.798.015 0 57,600,003 61,802,501 63,176,764 (1,374,263) Renovations J A Chaltdey Renovations 7,094,428 C. E. Curti~ Elem Renov/Cafe & Gym 4,000,000 Grange Halt Elem RenovafloP~ 4,000,000 J G Herring Renovations 3,000,000 Che~ter Middle Renovations 10,625,341 Clover Hill High Renovations 0 Manchester HS Renovations 295,220 Meadowbrook HS Renovations 36,240,656 Monecan HS Field Ho~se 0 Monacan HS Specially Cen~er 1,312,225 Thomas Dale High Renovations 33,414,866 Technical Center Renovations 3.730.574 Total Renovations 103,713,309 Food Service Prolects: Be#wood FS Renovations 125,000 Bon Air FS Renovations 0 Challdey FS Renovaflon~ 140,000 Crestwood FS RenovMions 0 Curtis FS Renovations 0 Davis FS Renvoatk~ 0 F C Elem FS Renovations 0 Gordon Elem FS Renovations 0 Grange Ha~ Elem FS Renovations 0 Hanowgate FS Renovations 150,000 Heniog FS Renovatio~ 165,000 Watld~ FS Renvoations 0 Bailey Bridge MS FS Renovations 165,000 Falling Creek Middle FS RenovMions 50,000 Manch~ter Middle FS Renovations 0 Midlo~hian Middle FS Renovations 0 Robious Middle FS Renovations 125,000 Salem Middle FS Renovations 0 L C Bird HS FS Renovations 165,000 Clover Hill HS FS Renovations 0 James Rive~ HS FS Renovations 0 Midtothian HS FS Renovations 175,000 Thomas Dale HS FS Renovations 95.000 Total Food Service Projects 1,355,000 Supewi~ & Cont~ge~y 7,816,223 Financial/Human R__-~_Jrces System 120,000 School ClP ~ Transfer 11,793,338 JRHS Gov Technology 437,686 ~ HS Gev Technology 0 Monacan ItS Gov Tectmology 0 Cheste~-~eld Community HS Technology 0 Technology In~ure & Equipment 19.482.414 To~l Supervision/Debt/Or her 49.4.90.070 TOTAL ALL SCHOOL ClP PROJECTS $212,158,382 7,094,428 7,094,428 0 4,036,000 4,036,000 0 4,417,625 4,417,625 0 3,000,000 3,000,000 0 384,000 40~,000 (2S,O00) 10,625,341 10,625,341 0 0 35,0OO (35,00O) 3~,243,73~ 37,125,239 (881 ,soo) 0 7s2,93~ (7s2,93~) 1,312,22s 976,972 33s,2s3 33,414,866 32,655,592 759,274 6.016.689 4.485.200 1.531.489 06,840,132 105,908,555 931,577 79,000 146,500 (67,500) 0 28,500 (28,500) 140,000 0 140,000 0 2S,O00 (2~,000) 0 34,700 (34,700) 0 35,100 (35,100) 0 30,100 (30,100) 0 33,300 (33,300) 0 425,000 (425,000) 115,000 147,100 (32,100) 165,000 0 165,0(X} 0 34,80O (34,800) 165,000 165,000 0 71,000 71,000 0 0 33,S00 (33,500) 0 31,500 (31,500) 165,000 192,500 (7,500) o 1 o,ooo (10,0oo) 165,000 33,000 132,000 0 215,000 (215,000) 0 55,000 (55,000) 175,000 175,000 0 1,355,000 2,167,700 (812,700) 7,816,223 7,816,223 0 120,000 120,000 0 11,793,338 11,793,338 0 9,386,784 9,386,784 0 578,765 688,786 (110,000) o 50o,ooo (5oo,ooo) o 500,000 (500,000) 0 250,0oo (2so,ooo) $219,184,932 $221,800,318 ($2,615,386) Attachment A-I Status Closed 6/30/0 In progress Closed 6/30/O In progress In progress In progress New project New project In progress New project In progress New project Closed 6/30/0 In progress Delayed In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress In progress Complete In progress In progress In progress New project New project New project In progress New Facilities Spring Rim Elemer~ary New Maraca H~h Scho~ Thoma~ R. Fulghum C_,m~er To~l New FaciliUes Renovations J A Chalidey Renovations C. E. Curtis Elem Renov/Cafe & Gym Grange H~t Elem Renovations J G Hening Renovations Bailey Bridge Middle School Chester Middle Renovations Clover Hill High Renovaflcms MancheMer HS Renovations Meadowbrook HS Renovations Monacan HS Fiek:l House Monacan HS Specialty Center Thomas Dale High Renovations Technical Cen{er Renovations Total Renovations Food Service Prolects: Beliwood FS Rermv~f~ Bon Air F$ Refx~,,atio~ Chalk~y FS Renovatkms Crestwood FS Renovations Curtis FS Renovatio~s Davis FS Renvoa~iofls F C Elem FS Renovations Gordon Elem FS Renovations Grange Hall Elem FS Renovations Harrowgate FS Renovations Henlng FS Renovations Watldns FS Renvoations Bailey Bridge MS FS Renovations Falling Creek Middle FS Renovations ~ Middle F$ Renovations Mldiolhian Middle FS Renovations Robiou~ Middle FS Renovations Salem Middle FS RerKwations L C Bird HS FS Refx~,,a~lons Clove~ Hill HS FS Rer~wations James River HS FS Re~wations Midiothlan HS FS Reflovations Thomas Date HS FS Renovations Total Food Service Projects Supe~'tskm & Contingency FinanciaVHuman Resources System School ClP Debt Transfer JRHS Gov Technology Midlothlan HS Gov Technology Monacan HS Gov Technology Chestedield Community HS Technology Technology Infrastruc~m & Equipment Total Supervision/DebtJO~her TOTALALLSCHOOLC~PROJECTS CHESTERFIELD COUNTY PUBLIC SCHOOLS SCHOOL ClP PROJECT REPORT RECOMMENDED REVISIONS 1~9~ ~ 1~ GO ClP Bonds Interest ~eserve 0 0 0 State Gov Tech & CIP 1,374,263 1,374,263 county Proffers 0 0 (~ ,53~ ,4a9) (1,374,263) 752,939 (335,253) 417,686 0 0 0 0 0 (417,686) (417.686) Food Service Transfer 0 67,500 28,600 040,000) 34,700 35,100 30,100 425,000 32,100 (165,000) 0 o 31,500 7,500 10,o00 (132,o0o) 215,000 0 150.000 812,700 $812,700 Attachment A-2 0 Total Revisions 0 1,374,263 0 1,374,263 0 0 0 0 25,000 0 35,000 0 881,500 752,939 (335,253) (759,274) (1,531,489) (931,577) 67,500 28,600 (140,000) 34,700 35,100 30,100 425,000 32,100 (mS,000) 0 0 31,500 7,500 (132,000) 215,000 55,000 0 150.000 812,700 0 0 0 0 110,000 500,000 500,000 250,000 0 1.360.000 $2,615,386 spdng Rue E~ntary New Ma~oaca High School Thomas R. Fulghum Center To~al New Facilities Renovations J A Chalk~f Renovations C. E. Curtis Elem Retry/Cafe & Gym Grange Hall Elem Renovations J G Hentng Rerx)v~io~ Chester Middle Renovations Ck~e~ H~ High Renov~lons Manchester H$ .Renov~lons Meadowbr .opk H$ Renova~ons Menacan HS Field Ho~,e IVlonacan HS Specialty Center Thomas Dale High Renovations Technical Center Renovations To{al Renovations Food Service Prolects: Betlwood FS RenovatJon~ Bon Air FS Renovatkms Chaltdey FS Re~ovation~ Cre~d FS Renovatio~ Curtl~ FS Renovati0~ Davt~ FS Renvoatlor~ F C Elem FS Renovation~ Gordon Elem FS Renovations Grange HaiI.Elem FS Renovations Han'owga~e FS Renovations He~lng FS Renovations Watldns FS Renvoations Bailey Bridge MS FS Renovations Falling Creek Middle FS Renovations Ivlanct~.___~ Middle FS Renovations Midlolt~an Middle F.S Renovafion~ Robiou~ Middle FS Renovations Salem Middle FS Renovations L C Bird HS FS Renovations Clover Hill HS FS Renovations Jame~ River' HS FS Renovations Mldlo~hlan H~ FS Renovations Thom~ Dale H$ F$ Renovations To*al Food Service Projects Su~vi~ion/Debl/other Superv~ & Co~dngency Financial/Human Resources System School ClP DeM Transfer JRHS Gov Technology Mtdlolhkm HS Gov Technology Monacan HS Gov Technology Che~erfleld Communib/HS Technology Technology InfraMru~ure & Equipment To~ai Supervi~VDel~her TOTAL ALL SCHOOL ClP PROJECTS Attachment A-3 CHESTERFIELD COUNTY PUBLIC SCHOOLS SCHOOL ClP PROJECT REPORT EFFECT OF RECOMMENDED REVISIONS Revival Budget Surplus wlAdiustments {Deficitl 11,789,948 0 45,588,801 0 2.798.015 0 63,176,764 0 7,094,428 4,035,000 4,417,625 3,000,000 4(}9,000 10,625,341 35,000 295,220 37,125,239 752,939 97~,972 32,655,592 4.485.200 105,908,555 146,500 28,600 0 26,000 34,700 35,100 30,100 33,300 425,000 147,100 0 34,800 165,000 71,000 33,500 31,500 192,500 10,000 33,000 215,000 55,000 175,000 245,0OO 2,167,700 7,816,223 0 120,000 0 11,793,338 0 9,386,764 0 688,768 0 500,0(X) 0 500,000 0 250,000 0 19.492.168 0 50.547.299 0 $221,800,318 $0 VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, March 26, 2002, at seven-thirty o'clock in the Public Meeting Room at the Chesterfield County Courthouse Complex PRESENT: James R. Schroeder, D.D.S., Chairman Elizabeth B. Davis, Vice-Chairman Lloyd A. Lenhart Dianne E. Pettitt Marshall W. Trammell, Jr. RESOLUTION WHEREAS, Chesterfield Technical Center project has been delayed at this time making State construction funds of $1,531,489 available for other project needs; and, WHEREAS, Thomas Dale High is close to completion and surplus Reserve for School Capital Projects funds in the amount of $724,274 are available to transfer to other projects; and, WHEREAS, the Monacan High Specialty Center project is complete but has a balance of $335,253 of proffered funds that can be used to provide a portion of the funding needs for the Monacan High Field House project; and, WHEREAS, proffered funds in the amount of $417,686 in the James River High technology project are available to transfer to the Monacan High Field House project; and, WHEREAS, the Reserve for School Capital Projects has a balance of $56,286.76; and, WHEREAS additional funds of $25,000 are needed for the Bailey Bridge Renovation project; and, WHEREAS, Governor's Technology funds totaling $1,777,686 have been identified to cover on-line testing technology needs for James River, Midlothian, Monacan, and Chesterfield Community High schools; and, WHEREAS additional funds of $881,500 are needed in the Meadowbrook High Renovation project to cover technology needs; and, WHEREAS, the new Matoaca High School project requires additional funding of $1,376,761 to complete this total project; and, WHEREAS School Food Services has identified the need to transfer $524,700 from the Federal Food Service Fund and $288,000 from the Non-Federal Food Service Fund to the School Capital Improvements Fund to cover renovation projects in various locations; and, WHEREAS, the arbitrage rebate payment is now due and payable and additional interest earnings and appropriation of $14,207 are needed to cover the total cost of this rebate calculation; NOW THEREFORE BE IT RESOLVED that on motion of Mrs. Davis, seconded by Mr. Lenhart, the School Board requests the Board of Supervisors advertise and hold a public hearing to appropriate an additional $2,615,386 to the School Capital Improvements Fund for revisions as described in this agenda item. ~~p~ ~_)Patricia W Bartl.am, Clerkintendent(~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I .Meeting Date: A~ril 10, 2002 Item Number: 10. Subiect; Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Fund, and Lease Purchases County_ Administrator's Comments' County Administrator: Board Action Reo_uested: Summary of Informatiorl; Lane B. Ramsey (/ Attachments: Title: County Administrator BOARD MEETING DATE 07/01/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 11/14/01 & 12/19/01 11/14/01 & 12/19/01 11/14/01 & 12/19/01 11/14/01 & 12/19/01 11/14/01 & 12119/01 CHESTERFIELD COUNTY GENERAL FUND BALANCE April 10, 2002 DESCRIPTION FY2002 Actual Beginning Fund Balance Designation for Health Center Commission Designate excess revenue (County) for non- recurring items in FY2003 Designate excess expenditures (County) for non- recurring items in FY2003 Designate excess revenue (Schools) for non- recurring items in FY2003 FY01 Results of Operations - Schools unspent General Fund Transfer FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (County) FY01 Results of Operations - FY02 One cent tax rate decrease - Jan. - June (Schools) FY01 Results of Operations - Schools - Bailey Bridge Middle School Design FY01 Results of Operations - Fire FY01 Results of Operations - Police FY01 Results of Operations - Libraries FY01 Results of Operations - Environmental Management Program FY01 Results of Operations - CSA Shortfall AMOUNT (1,500,000) (2,636,670) (9,441) (6,088,836) (1,232) (242,285) (546,715) (250,000) (626,100) (500,000) (90,60O) (300,000) (286,635) BALANCE $48,351,214 $46,851,214 $44,214,544 $44,205,103 $38,116,267 $38,115,035 $37,872,750 $37,326,035 $37,076,035 $36,449,935 $35,949,935 $35,859,335 $35,559,335 $35,272,700 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT April 10, 2002 Description FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/01 FY02 Budgeted Addition 4/4/01 FY02 Capital Projects 7/25/01 County's Master Plan Update 9/26/01 Video equipment for Circuit and General District Courts 10/24/01 360 West Corridor Plan 11/14/01 Building Improvements (County Administration) 11/14/01 Security Enhancements (MH/MR and County Administration) 2/27/02 Consultant study to develop revitalization/development strategy for the Cloverleaf Mall Area. Amount 8,800,000 (7,579,700) (85,ooo) (90,000) (7o,ooo) (170,000) (107,000) (50,000) Balance 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 1,836,312 Prepared by Accounting Department March 31, 2002 SCHEDULE OF CAPITALIZED LEASE PURCHASES Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation/ Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 $31,409.906 Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 07/05 Outstanding Balance 03/31/02 $14,490,000 21,035 13,725,000 556,094 16,943 15,159 216,106 $29.040.337 PENDING EXECUTION Description None Approved Amount~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: 14.A. Subject: Resolution Recognizing L. C. Bird, Clover Hill, Community, James River, Manchester, Matoaca, Meadowbrook, Midlothian, Monacan, Thomas Dale and the Governor's Schools for Providing Drug and Alcohol-Free Post-Prom Parties County_ Administrator's Comments: County Administrator: Board Action ReQuested: Adoption of attached resolution. Summary of Information: Representatives from each of the schools will be present to accept the resolutions. Preparer: Lisa H. Elko Attachments: -]No Title: Clerk to the Bq)~,rd RECOGNIZING L. C. BIRD, CLOVER HILL, COMMUNITY, JAMES RIVER, MANCHESTER, MATOACA, MEADOWBROOK, MIDLOTHIAN, MONACAN, THOMAS DALE AND THE GOVERNOR'S SCHOOLS FOR PROVIDING DRUG AND ALCOHOL-FREE POST-PROM PARTIES WHEREAS, the two highest risk nights for teens are prom and graduation, with some parents seeming to condone parties where alcohol and drugs are available; and WHEREAS, students need an alternative to drugs and alcohol to which they can and will say "YES"; and WHEREAS, in 2001, more than 350 schools and communities in Virginia participated in Operation Prom/Graduation's alcohol and drug-free parties for students; and WHEREAS, many parents of Juniors and Seniors at L. C. Bird, Clover Hill, Community, James River, Manchester, Matoaca, Meadowbrook, Midlothian, Monacan, Thomas Dale High and the Governor's Schools, with financial support from the local and surrounding business community, are working to provide alternative "no alcohol or drugs" parties following the Matoaca and L. C. Bird Proms on April 13; Thomas Dale on April 26; Clover Hill and James River on May 4; Monacan and Manchester on May 11; Community High on May 17; Midlothian and the Governor's School on May 18; and Meadowbrook on May 24; and WHEREAS, communities all over Virginia are reaching out in many ways to their young people with love and concern, encouraging them to "Celebrate Life." NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly declares the weekends of April 13-14, April 26-27, May 4-5, May 11-12, May 17-18, and May 24-25 as "Drug and Alcohol-Free Among the Teen and Adult Population of Chesterfield County." AND, BE IT FURTHER RESOLVED, that adults be encouraged to provide a positive, no alcohol and drugs example for our youth, particularly at the high-risk times of prom and graduation, in an effort that we not only change lives, but save them. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: April 10, 2002 Item Number: ~4.B. Subiect: Recognizing the Contributions of County Administrative Professionals and Proclaiming the Week of April 21, 2002, as "Administrative Professionals Week" and April 24, 2002, as "Administrative Professionals Day" County Administrator's Comments: County Administrator: Board Action Requested: Adopt the "Administrative Professionals Week" resolution at the April 10, 2002, Board of Supervisors meeting. Summary of Information: The attached resolution is to recognize the vital contribution of county administrative professionals and to proclaim the week of April 21, 2002, as "Administrative Professionals Week" and April 24, 2002, as "Administrative Professionals Day" throughout Chesterfield County. 'K~r:l~. 3.-G~rn~ Attachments: Yes ~ No Title: Director, HRM RECOGNIZING APRIL 21-27, 2002, AS "ADMINISTRATIVE PROFESSIONALS WEEK" WHEREAS, executive secretaries, administrative assistants, office managers, and other administrative professionals represent one of the largest segments of the labor force; and WHEREAS, administrative professionals have increased their business contributions in recent years by mastering computer technology and taking vital information management roles; and WHEREAS, a well-trained and fairly compensated administrative workforce is essential to economic success, both locally and nationally; and WHEREAS, it is important to provide education and training and set standards of excellence for administrative professionals; and WHEREAS, the Old Dominion and Tri-Cities Chapters of the International Association of Administrative Professionals, which are active in Chesterfield County and include a number of county employees, support the mission of the national organization by emphasizing the importance of continuing education and building business networks. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes April 21-27, 2002, as C'Administrative Professionals Week" and encourages management everywhere to foster professional development opportunities for this critical group of employees. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: April10r2002 Item Number: Sub!ect: Recognizing Michael Frank Lighthiser, Tyler Willis Wimer and Sean Alexander Strachan, all from Troop 800, Sponsored by Bethel Baptist Church, and Benjamin Lee Ax man, Troop 860, Sponsored by Woodlake United Methodist Church, Upon Attaining Rank of Eagle Scout County Administrator's Commerlts; County Administrator: ~ Board Action RequeSted: Adoption of attached resolutions Summary of Information; Staff has received a request for the Board to adopt resolutions recognizing Mr. Lighthiser, Mr. Wimer and Mr. Strachan, all from Troop 800, and Mr. Axman, Troop 860, upon attaining the rank of Eagle Scout. They will be present at the meeting, accompanied by members of their family, to accept the resolutions. Clover Hill District Michael Frank Lighthiser Parents: Jeffrey and Birdie Tyler Willis Wimer Parents: Tony and Connie Matoaca District Benjamin Lee Axman Parents: Lamar and Deborah Preparer: Lisa H. Elko Attachments: Title: No Midlothian District Sean Alexander Strachan Parents: John and Patrice Clerk to the Bo~F~ RECOGNIZING MR. MICHAEL FRANK LIGHTHISER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Michael Frank Lighthiser, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Michael has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Michael Frank Lighthiser on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. TYLER WILLIS WIMER UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Tyler Willis Wimer, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Tyler has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Tyler Willis Wimer on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. SEAN ALEXANDER STRACHAN UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Sean Alexander Strachan, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Sean has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Sean Alexander Strachan on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. RECOGNIZING MR. BENJAMIN LEE AXMAN UPON ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Benjamin Lee Axman, Troop 860, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Benjamin has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Benjamin Lee Axman on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: April 10, 2002 Item Number: 14.D. Subiect: Resolution Recognizing Mr. Harry L. Marsh for his Service to The Chesterfield County Planning Commission County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Mrs. Renny Bush Humphrey requested that the Board recognize Mr. Marsh for 10 years of service as the Matoaca District Planning Commissioner. / 'M~lyn~. Cole _..Title: Assistant County Administrator Attachments: Yes r----] No RECOGNIZING MR. HARRY L. MARSH FOR HIS SERVICE TO THE CHESTERFIELD COUNTY PLANNING COMMISSION WHEREAS, Mr. Harry L. Marsh was appointed as the Matoaca District representative to the Chesterfield County Planning Commission in January 1992 and served diligently and effectively until his retirement in March 2002; and WHEREAS, Mr. Marsh served as Planning Commission Chairman in 1994, 1995, and 2001; and Planning Commission Vice Chairman in 1998 and 2000; and WHEREAS, Mr. Marsh was instrumental in establishing effective plans, development standards and procedures for citizens to participate in the development process; and WHEREAS, under Mr. Marsh's leadership, the Southern and Western Plan was developed, discussed and adopted in order to guide growth within this beautiful rural area; and WHEREAS, this award-winning plan established several unique plan concepts and implementation ordinances, including the Deferred Growth Area (Green Area); Inventory of Visual Resources and an ordinance to protect visual resources; a rural residential area and the R-88 zoning district; and requirements for use of public water and sewer within critical areas; and WHEREAS, numerous comprehensive plan elements were adopted, including the Parks and Recreation Master Plan, Jefferson Davis Corridor Plan, Route 288 Corridor Plan, Southern Jefferson Davis Corridor Plan, Riverfront Plan, Water Quality Plan, and Public Facilities Plan, as well as other plan amendments; and WHEREAS, with Mr. Marsh's leadership and involvement, significant development standards and planning ordinances were adopted by Chesterfield County, including modern, countywide commercial development standards; design standards for developing areas including Route 360; improved subdivision ordinance, sign ordinance and electronic message center standards; manufactured home park zoning standards; strategy to improve older trailer courts, communication tower location and design standards; water quality standards for the Swift Creek watershed; and many other important actions; and WHEREAS, Mr. Marsh coordinated the public review and approval of many significant rezoning cases, including Chesdin Landing a high quality residential community with a golf course, walking trails, and public waterfront park along Lake Chesdin; Commonwealth Center Shopping Center; a 552-acre Boy SCOUt camp on Exter Mill Road; and many others; and WHEREAS, Mr. Marsh excelled at working with citizens, developers, and county staff towards the development of high quality new subdivisions and communities for the benefit of future county citizens. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Mr. Harry L. Marsh and expresses appreciation for his service to the Chesterfield County Planning Commission and his invaluable contributions in planning the future of Chesterfield County. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: Subject: April 10, 2002 Item Number: 15.A. Public Hearing to Consider Ordinance Amendments Regarding the Location and Regulation of Adult Uses County Administrator's Comments: County(Administrator: Board Action Requested: Public hearing and adoption of the attached ordinance amendments regarding adult uses per staff recommendations. Summary of Information: On August 22, 2001, the Board of Supervisors referred to the Planning Commission proposed amendments to the zoning ordinance relating to sexually- oriented businesses ("adult businesses"). On September 26, 2001, the Board adopted related changes to Chapter 15 of the County Code that require adult businesses to obtain a permit from the Chief of Police. On February 19, 2002, the Planning Commission held its Public Hearing and made its recommendation on the zoning amendments. I. Historical And Leqal Backqround For many years, the County Code has regulated adult businesses such as adult bookstores, videostores, and movie theaters. Existing zoning and regulatory ordinances applied to the proposed Foxxx Video Store application in July, 1999. More recently, citizens of Dale District complained to Mr. Miller about sexually explicit videostores and Henrico County encountered issues relating to an "exotic" dance club. These experiences illustrated that our zoning ordinance should be updated to address recent legal developments and current practices of the adult business industry. In addition, the County recently received a letter from the American Civil Liberties Union identifying constitutional issues regarding certain proposed provisions~ ~ Preparer: ~~-~-~, ~ Title: County Attorney Steven L. Micas 1923(00):56826.1(56830.1 & 56829.1) Attachments: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Legally, the courts consider adult businesses to be protected by the First Amendment of the Constitution. Accordingly, to avoid an illegal governmental "prior restraint" on such First Amendment activity, the courts significantly limit the ability of local governments to regulate adult businesses. Generally local governments can only regulate adult businesses to minimize negative "secondary effects" that accompany these businesses. For example, many national studies have determined that adult businesses cause negative effects within a community such as lowered property values, increased crime rates and health-related concerns.~ Based in part on those studies, the courts also have upheld restrictions on the content of external signs and advertising at adult businesses to prevent a decline in surrounding property values, deterioration of the neighborhood and to protect children and unconsenting adults who may come into contact with such displays. When local governments require adult businesses to obtain a permit (such as the County's conditional use zoning permit), the courts require that (1) the decision to approve the permit be based on specific, objective criteria, (2) there be a prompt governmental decision on the application, and (3) there be a mechanism for prompt judicial review. II. The Proposed Zoning Ordinance Amendments A. Generally The current zoning ordinance applies only to adult bookstores, videostores, and movie theaters. These uses are allowed by conditional use in the A, C-5, I-2 and I-3 Districts. The proposed amendments update definitions to address recent changes in the industry and broaden the zoning regulations to include adult stores, businesses providing adult entertainment and other adult business. Again, these adult businesses would be allowed by conditional use in the A, C-5, I-2 and I-3 Districts. Further, the proposed amendments set forth, as required by law, specific and objective criteria for consideration of the conditional use application for these adult businesses. (continued) ~Planning staff has reviewed over thirty studies that confirm such negative secondary effects of adult businesses. These include studies from, among other places, Kansas City, Rochester, Denver, New York City, Newport News, Indianapolis and findings from a 2000 American Planning Association ("APA") study of adult uses. Copies of these studies are available for review by the Board. Staff also reviewed information from Henrico County and the City of Virginia Beach. Finally, staff relies on findings set forth in numerous cases including City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Younq v. American Mini Theatres, Inc., 427 U.S. 50 (1976); and ouse, Inc. v. City of Raleigh, 166 F.3d 634 (4th Cir. 1999) cert. denied, 70 U.S.L.W. 3460 (2002). ' 1923 (00) :56826.1 (56482.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 B. Deadline for Action on Zoninq Request The original ordinance sent from the Board to the Planning Commission required the Planning Commission and Board to both act on a conditional use application for an adult use within 60 total days of filing, although the applicant may consent to a longer period of review. This period complies with the legal requirement for "prompt" governmental action. The Planning Commission recommended that the time period be expanded to 120 days, which is reflected in the attached ordinance. The County Attorney recommends that the amendment remain at 60 days to protect the defensibility of the entire ordinance. This is necessary because the ordinance limits all adult uses to conditional uses without providing any zoning district where such uses are allowed by right.2 C. Seqreqation of Adult Merchandise Further, Section 19-227.1 of the proposed amendments requires businesses that sell or rent more than a de minimus amount of adult merchandise to prevent examination of such merchandise by juveniles, generally by segregating the merchandise in a separate room. Significantly, this requirement would be applicable to all businesses and not just those defined as an "adult business" by the zoning ordinance. The Planning Commission recommended that this requirement not be placed in the zoning ordinance, where existing businesses may be considered to be legally non-conforming, but should be placed in the police power sections of the County Code. The County Attorney recommends that the requirement remain in the zoning ordinance. If the section is placed in the police power sections, the County Attorney recommends that it apply only to adult businesses. Since this type of restraint on First Amendment activity could apply to preexisting businesses, taking it out of the zoning ordinance has a greater risk of jeopardizing the defensibility of the ordinance than applying that governmental restraint to future businesses seeking a conditional use. III. The Proposed Chapter 15 Amendments While identifying the proper place to codify the adult merchandise issue, staff also determined that language changes were necessary in Chapter 15 in light of Henrico County's recent experiences, the evolving practices of the adult business industry and further legal analysis. Staff's recommended revisions are largely housekeeping changes to make the ordinance clearer, more complete and more defensible. Staff has added two new substantive provisions which require 1) adequate lighting for all entrances and exits serving an adult business and 2) videotape recordings of the exterior to monitor any illegal acts secondary to the adult uses. Staff recommends that after the public hearing the Board adopt the attached ordinance amendments per staff recommendations. 2The bold and double-underlined language in the attached zoning amendments are modifications recommended by staff since the Planning Commission's February 19, 2002 public hearing. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 15-122.7, and 15-122.9, REPEALING 15-122.9A AND ADDING SECTIONS 15-123, 15-124, 15-125 and 15-126 RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 15-122. 7 and 15-122. 9 of the Code o_f the Coun_tv of Chesterfield, 1997, as amended, are amended andre-enacted, Section 15-122.9A is repealed, and Sections 15-123,15-124, 15-125 and 15-126 are added to read as follows: 15-122.7. Regulations Pertaining to Adult Businesses Providing Adult Entertainment. mo For purposes of this Section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Chapter 19, or ...... ,.o o,.,,~,,, .... - ....... ,~ ...... .~ ,_.,,,,,. is intended for the sexual stimulation or titillation of patrons. No person shall perform provide adult entertainment for patron(s) of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patron(s). No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. Co The adult business shall provide separate dressing room facilities for female and male performances which shall not be occupied or used in any way by any one other than performers. Do The adult business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum of four (4) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers. 1923:56829.1 1 4/2/02 2:04 PM Fo Ho K° Lo .......... 1~:1^: ...... 1., ..... : .... ~+1~ ..... 1_11~l.. .... &~v'NT~ entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separation between performers and patrons required by this section. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performance shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron. Patrons must be at least 18 years of age; Owners, managers, entertainers must be at least 18 years of age; The adult business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. on any particular day. No operator of an adult business shall cause or allow a performer to contract or engage in any entertainment such as a "couch"~ or a "straddle" or lap dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch"~ or a "straddle" or lap dance with a patron while in or on the establishment premises. For purpose of this subsection, "couch"~ or "straddle" or lap dance is defined as an employee of the establishment intentionally touching or coming within ten (10) feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexually activity" or while engaged in other activity intended for the sexual stimulation or titillation of patrons. This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten (10) feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" or engage in other activity intended for the sexual stimulation or titillation of patrons while acting as a waiter, waitress, host, hostess, or bar tender. 000 1923:56829.1 2 4/2/02 2:04 PM Sec. 15-122.9 (a) (b) (c) (d) (e) Regulations Pertaining to All Adult Businesses. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 19 shall not be visible from any point outside the establishment. Signs advertising the adult business and any attention-getting devices shall not display sexually explicit pictures or language. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exits serving the adult business. Adult businesses shall not employ any person under the age of 18. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which S-ar';cillancc ca;ncra~ shall continuously monitor all exterior entrances and parking areas and all areas of the establishment where '~' ~ - "--" ~--- -: .... · _ A_ ,~ ...... ~, .... · ~,, ............ ;s .......,~,,. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillance shall be preserved for a period of four twelve months. Authorized representatives of the Chesterfield County Police Department or the Chesterfield County Planning Department shall have access to such tapes upc, n request in accordance with applicable law. For purposes of this article, an "employee" means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee, manager or other person for the right to perform or entertain in the adult business. Sec. 15-123. Public Indecency Prohibited. Nothing in this article shall be construed to permit any conduct which violates section 14- 33 of the Code. 1923:56829.1 3 4/2/02 2:04 PM Sec. 15-124. Regulations Applying to Adult Businesses and Non-Adult Businesses. Businesses offering more than a de minimus amount of adult merchandise as defined in Chapter 19 for sale or rent must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. In order to achieve this, the business shall not permit entry_ to persons under age 18 or such materials shall be kept in a section or room in the establishment that: (b) (d) is as far as reasonably practical from merchandise likely to be of particular interest to juveniles; is physically and visually separated from the rest of the store by an apaquc wall is access controlled by electronic or other means to provide assurance that persons under age 18 will not easily gain admission and that the general public will not accidently enter such room or section; and provides signage at the entrance stipulating that persons under 18 are not permitted inside. Sec. 15-125. Violations. Except as permitted in section 15-122.2(a), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subject to the provisions of section 1-5 of the Code. Sec. ~ 15-126 If any part of this section of the ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be affected thereby. That this ordinance shall become effective immediately upon adoption but any adult businesses currently operating in the County shall have 30 days from the date of adoption to apply for a police permit and 90 days after obtaining the permit to comply with any other new requirements of this ordinance. 1923:56829.1 4/2/02 2:04 PM 4 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-175 and 19-301 AND ADDING SECTIONS 19-175.1 and 19-227.1 RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-175 and 19-301 of the Code of the Count_ qf Chesterfield, 1997, as amended, are amended and re-enacted and Sections 19-175.1 and 19-227.1 are added to read as follows: Sec. 19-175. Conditional uses. The following uses may be allowed by conditional use in the C-5 District, subject to the provisions of section 19-13: (a) (b) (ec) (rd) (ge) (hf) (ig) Oh) (lei) Any conditional use allowed in the C-3 District, unless previously permitted in the C-5 District. Adult businesses ~- Bondsman. Check cashing establishment. Motor vehicle consignment lots. Occult sciences (includes fortune tellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics). Outdoor flea market. Pawnbroker. Travel trailer parks. 1923:56830.1 3/29/02 10:55 AM CJ) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: 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. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. 000 19-175.1 Conditional Use Criteria for Adult Businesses. Unless the applicant consents to a longer period of review, an application for a conditional use for an adult business must be approved or denied within 120 days of the filing of a complete application. (b) .... t,t, ............. _~ ............... _, ................ ~ rcassns: In reviewing the application, the planning commission and board of supervisors may consider the following factors as well as other appropriate land use considerations: The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development; The proximity of dwellings, churches, schools, parks or other places of public gatherings; The probable effect of the proposed use on the peace and enjoyment of people in their homes; The limitations of fire and rescue equipment and the means of access for fire and police protection; .(~ The preservation of cultural and historical landmarks and trees; (6) The probable effect of noise, vibrations, and glare upon the uses of surrounding properties; 1923:56830.1 3/29/02 10:55 AM 2 71~ The conservation of property values; and The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods. If an application for conditional use for an adult business is denied and the applicant desires to appeal the denial, Chesterfield County will facilitate the applicant's obtaining prompt review of the decision from the Circuit Court of Chesterfield County. Unless the applicant agrees to an extension, the County. will file a responsive pleading within ten days of service upon the County. of an appeal, will file a responsive brief within fifteen days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date. The time periods set forth in this subsection also apply to any judicial review pursuant to County. Code Section 15-122.6. Sec. 19-227.1 Sale of adult merchandise. Businesses offering more than a de minimus amount of adult merchandise for sale or rent must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. In order to achieve this, the business shall not permit entry_ to persons under age 18 or such materials shall be kept in a section or room in the establishment that: (b) is as far as reasonably practical from merchandise likely to be of particular interest to juveniles; is physically and visually separated from the rest of the store L ............... is access controlled by electronic or other means to provide assur~ce that persons ~der age 18 will not easily gain admission and that the general public will not accidently enter such room or section; and provides signage at the entrance stipulating that persons under 18 are not pe~itted inside. 000 Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Adult bookstore/videostore: An establishment having as a substantial or significant portion of its 1923:56830.1 3 3/29/0210:55 AM stock-in-trade books, magazines and other periodicals and/or videotapes, computer disks, CD-roms: DVD-roms, and virtual reality devices or any other similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas:" or are intended for the sexual stimulation or titillation of patrons. 000 Adult business: Adult bookstore/videostore, adult mini-motion picture theater, adult motion picture theater, adult store, a business providing adult entertainment or any other establishment_, including without limitation any adult modelling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas: or is intended for the sexual stimulation or titillation of patrons. OOO Adult entertainment: Dancing, modeling or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or .................. - ............. y .... is intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality, devices, Internet sites or files transmitted over the Internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. 000 Adult merchandise: Magazines, books, other periodicals, videotapes, movies, photographs, slides, CD-roms, DVD-roms, virtual reality, devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons. Also includes toys, novelties, instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. 000 Adult store: an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade ...... 1923:56830.1 4 3/29/02 10:55 AM 000 Cocktail lounge: Any establishment which serves alcoholic beverages but has no more than one of the following components: live entertainment or dancing by the public. OOO Live entertainment: Entertainment provided by live artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers, modelline or comedy. 000 Nightclub: Any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. OOO Specified sexual activities: Human genitals in a state of sexual stimulation or arousal; acts or simulation of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. OOO (2) That this ordinance shall become effective immediately upon adoption. 1923:56830.1 5 3/29/02 10:55 AM An Affiliate of Media Genera{ Advertising Affidavit (This is not a bill. Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 Account Num,~ 220806 04/03/2002 Date Code Descript_ion TAlc;F, NOTICFTAKE NOTICE THAT THE BOARD O A~- Size Total ATTACH HERE IVledia General Operations, inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKE N©TIcETAKE N©TICf was published by Richmond Newspapers, inc. in the City of Richmond, Stat~ of Virginia, on the foHowing dates: 03/27/2002 04/03/2002 The first {nse,,tion being given .... 03/27/2002 Sworn to and subscribed before Notary Public Sul: State of Virginia City of Richmond My Commission expires THIS iS NOT A BILL. PLEASE PAY FROM INVOICE. THANKYOU COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: FROM: DATE: RE: The Honorable Members of the Board of Supervisors and Lane B. Ramsey, County Administrator Steven L. Micas, County Attorney CO~~ April 10, 2002 Ordinance Revisions to the Regulation of Adult Uses Because of the unusual interplay between the Constitution (1 st Amendment) and regulation of"adult uses" by local governments, I will ask the Board to adopt the attached resolution if you approve the proposed changes involving adult uses. (Attachment 1) In addition, I am suggesting revised language regarding the separation of adult merchandise which mimics language used in federal lawsuits, thereby making the ordinance more defensible, particularly if the Board applies the separation requirement retroactively. (Attachment 2) 0800:56947.1 (56923.1) Attachment 1 RESOLUTION CONCERNING ADVERSE SECONDARY EFFECTS OF ADULT BUSINESSES AND MERCHANDISE WHEREAS, there is substantial convincing and compelling documentary evidence from jurisdictions throughout the United States, including jurisdictions similar to Chesterfield County, which establishes that the kinds of adult businesses and merchandise addressed in the attached ordinances have created in the past and will create in the future significant adverse secondary effects on surrounding communities that adversely affect the health, safety and welfare of these communities; and WHEREAS, such evidence has been collected and compiled and is hereby fried along this resolution and made a part of the records of the Board of Supervisors; and WHEREAS, this evidence establishes that adult businesses and merchandise have a negative effect on existing businesses and residences in proximity to such uses, and can cause increased crime, unlawful sexual activity including prostitution, and the downgrading of property values which contribute to urban and suburban blight and adversely reduce the quality of life for County citizens and business owners; and WHEREAS, it is harmful to minors to be exposed to the open display of merchandise which is intended for sexual stimulation or titillation; and WHEREAS, adult businesses and adult merchandise as defined in the attached ordinances require special supervision from Chesterfield County's public safety and related departments in order to protect and preserve the health, safety, morals and welfare of'the citizens of the County from the adverse secondary effects of such businesses and merchandise; and WHEREAS, based on the evidence described above and on evidence presented to the Board Attachment 1 of Supervisors during its public hearing on the ordinances, the Board of Supervisors makes the following findings concerning adult businesses and merchandise; 1. Some adult businesses and merchandise tend to generate unlawful and unhealthy activities. Further, there is presently no mechanism to make the owners of establishments where such uses occur responsible for the activities that occur on their premises. 2. Certain employees of adult businesses defined in the attached ordinances engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments. 3. Sexual acts, including masturbation and oral and anal sex, occur at adult businesses. Offering or providing such space encourages such activities, which creates unhealthy conditions. 5. Some persons frequent adult businesses for the purpose of engaging in sex within the premises of such adult businesses. 6. At least 50 communicable diseases may be spread by activities occurring in adult businesses, including syphilis, gonorrhea, human immunodeficiency vires infection (HIV-AIDS), genital herpes, hepatitis B, salmonella infections, and shigella infections. 7. Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States. 8. The Surgeon General of the United States, in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to the newborn. 0422(00) :56923.1 2 Attachment 1 9. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. 10. Sanitary conditions in some adult businesses are unhealthy, in part because the activities conducted there are unhealthy, and in part because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain the facilities. 11. Numerous studies and reports have determined that semen is found in the areas of adult businesses where persons view "adult" oriented films or activities. 12. The open display of adult merchandise which is intended for sexual stimulation or titillation is harmful to minors. 13. The findings in paragraphs 1 through 12 raise substantial governmental concerns. 14. The attached ordinances contain the least intrusive methods for effectively addressing these substantial governmental concerns. NOW, THEREFORE, be it resolved by the Board of Supervisors that the health, safety and welfare of the citizens of the County will be protected and promoted by the adoption of the attached ordinances. 0422(00):56923.1 3 Attachment 2 [ZONING ORDINANCE] Sec. 19-227.1 Sale of adult merchandise. ffering .L___ ~ ....:~_, ................. ' that p rtio fadult handis which is Businesses o more urals & u~ iimmiiui} mnutuit ut O n o merc e intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry_ to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. {n 000 [POLICE ORDINANCE] Sec. 15-124. Regulations Applying to Adult Businesses and Non-Adult Businesses. ....... ' .... -' .... '-: ................ o1' that portion of adult merchandise, as defined Businesses offering ...,. ~ in Chapter 19, which is intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry_ to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such handis byj nil ,_ ___1 ...... I__' ..... L:_ .1__ L_._: ...... !__11 ' nile- t -.u~ ag. 1922(00):56918.3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: Ar)ril 10, 2002 Item Number: [5.B. Subiect: Public Hearing for 360 West Corridor Architectural Standards County Administrator's Comments: County Administrator: Board Action Requested: Planning Commission and Staff recommend the Board of Supervisors adopt the proposed ordinance amendments relating to the 360 West Corridor Architectural Standards. Summary of Information: As a result of the Route 360 Corridor Study completed in March of 2000, neighborhood and business leaders together with citizens and landowners joined to form the 360 West Corridor Association, Inc. to work on implementing recommendations of the study. The proposed amendments to the Zoning Ordinance primarily address architecture throughout the corridor from Courthouse Road west to the Amelia County line and address four considerations as outlined below: 1. Prior to the approval of a site plan for any part of a project, the architectural theme for the project shall be established. This is proposed as a County-wide recommendation. Preparer: Thomas E. Jacobson Attachments: No Title: Director of Planning C:DATNAGENDN2002/APR 10.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 2. For Regional Mixed Use and Community Mixed Use areas shown on the Upper Swift Creek Plan and for the area between Courthouse Road and Route 288, the architecture shall also identify how building and pedestrian elements interrupt the linear pattern of the development. As an example, Commonwealth Center Shopping Center has been designed according to these recommendations. 3. In the Mixed Use Corridor areas of the Upper Swift Creek Plan, architecture shall be compatible with residential architecture. As an example, the pod of buildings at the southwest corner of Deer Run and Route 360 that include Friendly's, an Amoco gas station and the Deer Run Animal Medical Center has been designed to be compatible with residential architecture. 4. Throughout the corridor, proposed buildings shall be compatible with other buildings within the same project, or same block or across a road, as determined by the director of planning. If existing buildings do not meet required architectural standards, the director of planning may authorize a new architectural treatment or theme. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-570, 19-580, 19-585, 19-586, 19-587, 19-588, 19-589, 19-590 AND ADDING SECTIONS 19-585.1, 19-585.2, 19-585.3, 19-585.4, 19-585.5, 19-586.1 AND 19-586.2 RELATING TO ARCHITECTURAL THEMES FOR PROJECTS THROUGHOUT THE COUNTY AND DEVELOPMENT STANDARDS FOR THE ROUTE 360 CORRIDOR WEST BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-570, 19-580, 19-585, 19-586, 19-587, 19-588, 19-589, 19-590, of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Sections 19-585.1, 19-585.2, 19-585.3, 19-585.4, 19-585.5, 19-586.1 and 19-586.2 are added to read as follows: Sec. 19-570. Architectural treatment. (a) Prior to the approval of any site plan for a project, the developer shall submit for approval documents that define the overall architectural theme of the project. The architectural theme is a written and/or graphic description of the planned architectural treatment of all buildings within a project. The theme shall describe how exterior materials, colors, architectural style and building scale shall be employed to establish a consistent architectural treatment for the project. Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. 000 Sec. 19-580. Specified areas. (a) The Highway Corridor District shall include those lands identified on the zoning district map .or otherwise described below that include: (1) (2) .L3..) (4) (5) The Jefferson Davis Highway Corridor; and The Route 360 Corridor East:; The Route 360 Corridor West, which shall consist of Hull Street Road, extending from Courthouse Road to the Amelia County line, including all land to a depth of 1,500 feet from the centerline of Hull Street Road, unless the parcel or project extends further than 1,500 feet, in which case these requirements shall apply to the entire parcel or project; The Route 10 Corridor East; and The Old Stage and Coxendale Roads Corridor. (b) The Employment Center District shall include all lands identified on the Route 288 Corridor Plan that include: (1) Regional employment center. (c) The Enon Core District shall include those lands identified on the zoning district map,... ooo Sec. 19-585. Route 360 Corridors East and West. All development in the Route 360 Corridor Eas_!t shall comply with the requirements set forth in Sections 19-585.1 through 19-585.5 while all development in the Route 360 Corridor West shall comply with the requirements set forth in Sections 19-586 through ~ o ne~ ~. an. ...... ~ provided, however, that specific zoning conditions shall always be complied with regardless of whether they are more or less restrictive than the following conditions. Sec. ~ 19-585.1. Route 360 Corridor East: Established commercial. ooo Sec. ~ 19-585.2. Route 360 Corridor East: Rural transition. ooo Sec. ~ 19-585.3. Route 360 Corridor East: Village center. ooo Sec. ~ 19-585.4. Route 360 Corridor East: Corridor focus. ooo Sec.~ 19-585.5. Route 360 Corridor East: Corridor focus; between Hicks Road, Route 360 and the Proposed Loop Road. In addition to the conditions contained in -1-9--589 19-585.4, the following additional conditions shall be required in that portion of the corridor focus zone located between Hicks Road, Route 360 and the proposed Loop road: OOO Sec. 19-586. Route 360 Corridor West: Regional and community mixed use areas. _(~ Within the Route 360 Corridor West in the Regional Mixed Use and Community Mixed Use designated areas of the Upper Swift Creek Plan and along Route 360 between Courthouse Road and Route 288, the architectural theme of a project shall establish a clearly identifiable architectural style, show how the building elements will break up the mass of large buildings, and provide for a pedestrian scale environment between the parking and the buildings. The architectural style shall use building elements that interrupt the linear pattern and provide large scale focal elements and pedestrian scale elements for the entire development. Building and pedestrian elements are as follows: (1) Background Wall: Background wall designs shall incorporate similar architectural expression of walls including grid pattern, canopy, abstract omamentation and cornice to maintain the continuity between tenants. Variation in building wall setbacks shall be employed to interrupt the massiveness of the building. (2) Entry_ and Tower Features: Entry features shall be included as key design components to serve as identification for each tenant and offer relief to the background wall, or alternatively, continuous pedestrian canopies with a maximum length of 250 feet may be used between significant entry_ or tower features in lieu of entry_ features for each tenant. Tower features shall be incorporated into the entire project to establish large scale focal points and/or interrupt the overall linear design of the buildings on the site. (3) Colors: Overall designs shall include variations in neutral color schemes for the building background, with complimentary colors to enhance the entry feature design. Accent colors shall be permitted to represent individual corporate identification. (4) Parapets and Roofs: Variation in parapet and/or roof heights shall be used to interrupt building massiveness. (5) Pedestrian Elements: Between the buildings and the parking areas, the architectural theme shall include at least four of the following pedestrian elements: decorative post lights, altemative paving treatments at entrances and/or pedestrian crossings, benches, plazas, landscaped areas, water features, display windows, or other pedestrian elements as approved by the Director of Planning. (b) Commercial buildings adjacent to roads other than arterial or collector roads as identified on the County's Thoroughfare Plan that serve as an entrance to a residential neighborhood shall i_ncomorate building elements that are compatible with residential development using design features identified for buildings in the Mixed Use Corridor designated areas of the Upper Swift Creek Plan. Sec. 19-586.1. Route 360 Corridor West: Mixed use corridor areas Within the Route 360 Corridor West in the Mixed Use Corridor designated areas of the Upper Swift Creek Plan, all buildings shall be compatible with residential architecture. Residential design features shall include, but not be limited to, articulation of doors and windows, architectural ornamentation, and use of residential materials such as, but not limited to, brick and/or siding for walls and asphalt shingle or simulated slate for roofs. There shall be no visible flat or shed roofs permitted. Within a project, compatibility shall be achieved through the consistent use of a residential architectural style, and using, materials, fenestration, scale and other architectural features appropriate to that style. Sec. 19-586.2. Route 360 Corridor West: Architectural compatibiliW. Throughout the Route 360 Corridor West from Courthouse Road West to the Amelia County line, architectural treatment of all buildings shall be compatible with buildings located within the same project or within the same block or directly across any road, as determined by the director of planning. At locations where the existing buildings do not meet current Zoning Ordinance requirements for architectural treatment, the Director of Planning may approve a new architectural treatment or theme. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other architectural features. 000 Sec. 19-590. Reserved. (2) That this Ordinance shall become effective immediately upon adoption. COUNTY-WIDE STANDARDS: ARCHITECTURAL TREATMENT ARCHITECTURAL COMPATIBILITY WITHIN A PROJECT Sec. 19-570(a): Prior to the approval of any site plan fbr a_p~iect~ the develol~er shall submit for apl0ro[~! documents that define the overall architectural theme of the.proie_ct. The architectural theme is a written and/or 'a~g~hic description of ~he planned architectural treatment proiect. The theme shall describe how exterior material_~s colors, architectural style and buildin ployed to establish a consistent architectural treatment for the proiect. Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, mate- rials, scale, colors and other architectural features. INTENT: Through the use of materials, colors, style, build- lng massing, and other architectural features, build- ings within a project can establish a consistent theme throughout that is immediately identifiable by the general public. This can be further enhanced through the use of similar landscape materials, light fixtures, signage, circulation patterns, amenities (such as BMP's designed as attractive ponds), and marketing. A project is defined as a development that is planned, developed or managed as a unit. PROJECTS IN CHESTERFIELD AS EX- AMPLES: Harbour Pointe Shopping Center - Transitional contemporary style, materials & colors same for all buildings (brick, EIFS, standing seam metal roofing), vehicular and pedestrian circulation ori- ented internally (outparcels accessed only from internal parking lot-no direct access to frontage mad), consistent landscaping, fighting, and sigmge. National franchise restaurants (Hardees and Taco Bell) as well as local retailers conformed to these standards. Harbour Pointe Shopping Center with transitional contemporary s~yle buildings using same materials and colors for a compatible appearance. Internal shared parking serves all users. Design Standards Manual Chesterfield County, Virginia COUNTY-WIDE STANDARDS: 2. The Shoppes at Bellgrade, The architectural theme is based on the building forms ora Kentucky horse farm. All buildings are painted or integrally col- ored white, pitched roofs or pitched mansards with s'an/larmofcolors and materials, and masonry con- stmction throughout. Vehicular and pedestrian cir- ARCHITECTURAL T~ATMENT ARCHITECTURAL COMPATIBILITY WITHIN A PROJECT (cOntinued) culation oriented internally (no direct access to frontage road), consistent landscaping, fenCing, light, g, signage and rnarketing. National franch/se retailers (Texaco, Holl~ood Video, and Burger King) as well as local retailers conformed to these standards. Design Standards Manual 3 ~a.2 Chesterfield CoUnty, Virginia z~ ! SPECIFIC AMA STANDARDS ROUTE 360 CORRIDOR WEST PURPOSE AND INTENT The purpose and intent of the Route 360 ConS- dor West standards are to: Establish architectural themes for projects. Establish guidelines for the architectural treatment of large buildings. · Provide pedestrian amenities. · Provide architectural compatibility with residential neighborhoods in certain areas and circumstances. Example of a project-wide architectural theme, inClUding pedestrian amenities. Example of architectural compatibility with residential neighborhoods. Contents: ArChitectural treatment of large bUildings can reduce the overall perceived mass of a structure. Corridor Map / Key to Development Zone Re~onal and Community MiXed Use Areas Purpose and Intent Architectural Theme Background Wall Entry and Tower Features Colors, Parapets and Roofs Pedestrian Elements Compatibility with Residential Development Mixed Use Corridor Areas Compatibility with Residential Development Project and Area Architectural Compatibility Chesterfield County, Virginia 29-f. 2 29-f. 1 29-L2 29-f. 3 29-f.4 29-f. 5 29-L6 29-L7 29-L8 29,f.9 29--f. 10 SPECIFIC AREA STANDA~S ROUTE 360 CORRIDOR WEST Sec. 19-586. Route 360 Corridor West: Re- gional and community mixed use areas. (a) Within the Route 360 corridor west in the Regional Mixed Use and Community Mixed Use designated areas of the Upper Swift Creek Plan and along Route 360 between Courthouse Road and Route 288, the architectural theme of a project shall establish a clearly identifiable architectural style, show how the building ele- ments will break up the mass of large buildings, and provide for a pedestrian scale environment between the parking and the buildings. The purpose of this section is to: Establish an architectural theme for projects. Use building elements to break up the mass of large buildings. Provide pedestrian scale environments be- tween parking and buildings. This section applies to the following areas: Regional Mixed Use and Community Mixed Use areas within the Upper Swift Creek Plan. Land along Route 360 between Courthouse Road and Route 288. ARCHITECTURAL THEME IN REGIONAL AND COMMUNITY MIXED USE AREAS scale and mass of the large structure of the Common- wealth 20 Theatre Complex. A simple, well-maintained area provMes an attractive shopping environment at Belgrade. The architectural theme at the Belgrade Shopping Center includes details reminiscent of a Kentucky horse farm. Walkways and landscaping also help to create this village scene, Chesterfield County, Virginia Design SPECIFIC AREA STANDARDS ROUTE 360 CORRIDOR WEST Sec. 19-586 (a) (cont.) The architectural style shall use building elements that interrupt the linear pattern and provide large scale focal ele- ments and pedestrian scale elements for the en- tire development. Building and pedestrian ele- ments are as follows: (1) Background Wall: Background wall designs shall incorporate similm' architectural expression of walls including grid pattern, can- opy, abstract ornamentation and cornice to maintain the continuity between tenants. Varia- tion in building wall setbacks shall be employed to interrupt the massiveness of the building. ARCHITECTURAL THEME IN REGIONAL AND COMMUNITY MIXED USE AREAS. BACKGROUND WALL 'ustng a cotwice to provide continuity among buildings at the Commonwealth Centre. massiveness of the building and create focal points at the entrances. Summary: In order to maintain continuity among tenants within a project, wall designs shall incorporate similar details: Grid pattern Canopy Ornamentation Cornice Varied wall setbacks shall be used to break up large building masses. incorporates ornamentation and landscaped seating areas to soften the scale and provide a t~edestrian friendly environment. Chesterfield County, Virginia 29~f. 4 SPECIFIC AREA STANDARDS ROUTE 360 CORRIDOg__W_E_ ST Sec. 19-586 (a)(2) Entry and Tower Fea- tures: Entry features shall be included as key design components to serve as identification for each tenant and offer relief to the background wall, or alternatively, continuOUs pedestrian canopies with a maximum length of 250 feet may be used between significant entry or tower features in lieu of entry features for each tenant. Tower features shall be incorporated into the entire project to establish large scale fbcal points and/or interrupt the oVerall linear deSign of the buildings on the site. Summary: Entry features shall be included to: Identify each tenant. Provide relief for background walls. Continuous pedestrian canopies may be substi- tuted for tenant entry features. A maximum canopy length of 250' may be provided between significant entry or tower feat:ares. Tower features are required in order to: Establish large-scale focal points. Interrupt overall linear building design. ARCHITECTL~AL THEME IN ~GION~ AND COMMUNITY MIXED USE AREAS, ENTRY AND TOWER FEAT--S an canopy ts Commonwealth Centre. variety and depth at the Chesterfield crossing Shopping Center. ToWer feature serves as project fOcal POint and entry feature for Target at the Commonwealth Centre. Chesterfield County, Virginia 29.f. 5 Pedestrian PlaZa area at ping Center is anchored by a tenant ent~ feature and project focal point. SPECIFIC AREA STANDARDS ROUTE 360 CORRIDOR WEST Sec. 19-586 (a) (3) Colors: Overall designs shall include variations in neutral color schemes for the building background, with complimen- tary colors to enhance the entry feature design. Accent colors shall be permitted to represent individual corporate identification. ARCHITECTURAL THEME IN REGIONAL AND COMMUNITY MIXED USE AREAS. COLORS PARAPETS AND ROOFS Sec. 19-586 (a) (4) Parapets and Roofs: Variation in parapet and/or roof heights shall be used to interrupt building massiveness. Pedestrian canopy at Harbour Pointe Shopping Center. The neutral color scheme of the canopy structure is em- phasized against the color of the brick wall. Kohl's at the Commonwealth Centre interrupts building mass with varied parapet heights. Brick ~ a neutral color scheme at the Harbour Pointe Shopping Center. Varied roof heights at the Commonwealth Centre emy be used for Chesterfield County, Virginia Design Standards SPECIFIC AREA STANDA~S ROUTE 360 CORRIDOR WEST Sec. 19-586 (a) (5) Pedestrian Elements: Between the buildings and the parking areas, the architectural theme shall include at least four of the following pedestrian elements: decorative post lights, alternative paving treatments at en- trances and/or pedestrian crossings, benches, plazas, landscaped areas, water features, display windows, or other pedestrian elements as ap- proved by the director of planning. ARCHITECTLFRAL THEME IN REGIONAL AND COMMUNITY MIXED USE AREAS PEDESTRIAN ELEMENTS Plaza offers outdoor dining area at the Chesterfield Crossing Shopping Center Summary: The architectural theme shall include at least four of the following pedestrian elements: Decorative post lights Alternate paving treatments Plazas Benches Landscape areas Water features Display Windows Benches, pedestrian scale post lights, special paving, and landscaping make for an interesting walk between shops at the Commonwealth Centre. Pedestrian plaza Jbrmed by canopy is further defined by evergreen trees, area, landscaped planters, scored concrete walks and benches. Genito Station Shopping Center. stage Chesterfield County, Virginia 2 .f 7 Design Standards Manual SPECIFIC AREA STANDARDS ROUTE 360 CORRIDOR WEST Sec. 19-586 (b) Commercial buildings adjacent to roads other than arterial or collector roads as identified on the County's Thorough- fare Plan that serve as an entrance to a residen- tial neighborhood shall incorporate building elements that are compatible with residentiai development using design features identified for buildings in the Mixed Use Corridor designated areas of the Upper Swift Creek Plan. Summary: Area: Regional Mixed Use and Community Mixed Use areas within the Upper Swift Creek Plan and land along Route 360 between Court- house Road and Route 288. ARCHITECTURAL THEME IN REGIONAL AND COMMUNITY MIXED USE AREAS. COMPATIBILITY WITIt RESIDENTIAL DEVELOPMENT Residential scale, building are used in this building, while still exhibiting a commercial style. Applies to sites on roads that are not arterial or collector roads within the Mixed Use Corridor Areas of the Upper Swift Creek Plan. Commercial buildings adjacent to roads that are entrances to residential neighborhoods shall incorporate residential design ele- ments. Architecture shall be residential in style and materials. This Burger King adopted a This and materials compatible with reMdential netghborhoods. the C~esterfield Meadows Shopping 'Center. at Chesterfield County, Virginia 29.f. 8 Design Standards SPECIFIC AREA STANDA~S ROUTE 360 CORRIDOR WEST MIXED USE CORRIDOR AREAS COMPATIBILITY WITH RESIDENTIAL DEVELOPMENT Sec. 19-586.1. Route 360 Corridor West: Mixed use corridor areas. Within the Route 360 corr/dor west in the Mixed Use Corridor designated areas of the Upper Swift Creek Plan, all buildings shall be compatible with residential architecture. Resi- dential design features shall include, but not be limited to, articulation of doors and windows, architectural ornamentation, and use of residen- tial materials such as, but not limited to, brick and/or siding for walls and asphalt shingle or simulated slate for roofs. There shall be no visible flat or shed roofs permitted. Within a project, compatibility shall be achieved through the consistent use of a residential architectural style, and using, materials, fenestration, scale and other architectural features appropriate to that style. Summary: In the Mixed Use Corridor designated areas of the Upper Swift Creek Plan, all buildings shall be compatible with residential architecture. Residential design features shall include: Articulation of doors and windows Ornamentation Use of materials compatible with residential construction. · No visible flat or shed roofs permitted. Project-wide compatibility is achieved through: Consistent use of a residential architectural style Architectural features appropriate to that style The ~rary on . uses residential forms and materials. The mass of the building is broken up Fo be compatible with residential scale buildings. Materials Fenestration Scale Chesterfield County~ Virginia Des 29-f. 9 SPECIFIC AREA STANDA~S ROUTE 360 CORR~OR WEST MIXED USE CORRIDOR AREAS PROJECT AND AREA ARCHITECTURAL COMPATIBILITY Sec. 19-586.2. Route 360 Corridor West: Architectural compatibility. Throughout the Route 360 corridor west from Courthouse Road west to the Amelia County line, architectural treatment of all buildings shall be compatible with buildings located within the same project or within the same block or rectly across any road, as determined by the director of planning. At locations where the existing buildings do not meet current Zoning Ordinance requirements for architectural treat- ment, the director of planning may approve a new architectural treatment or theme. Compati- bility may be achieved through the use of simi- lar building massing, materials, scale, colors or other architectural features. This Exxon Service station was built first, adjacent to the entrance of a residential neighborhood. When the bank proposed to locate within the same project, a developrnent standards waiver to architectural compatibility was re- quired for the bank to use its residential style architec- ture. This ordinance amendment would allow the bank to build without a development standards waiver. The F&M Bank provides a residential image compatible with the Southshore neighborhood. Chesterfield County, Virginia 29.f. lo Design Standards An Affiliate of Media General Advertising Affidavit (This is not a bill P~ease pay from invoice) P. O. Box 85333 Richmond, Virginia 23293~0001 (804) 649-6000 ATTN 1 ,'[SA ET,KO P 0 B(3X 4O Account Num. I Date Code Description Ad Size T TAKE NOTIf',F, TAKF, NOTICE THAT TH'F, B(3ARD (3 2.00 x 2fi.00 Media General Operations, Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKF, NOT[rCRTAKF, N(3T~C~ was published by Richmond Newspapers, ~nc. in the City of Richmond, State of Virginia, on the following ~at~s: 03/2?/2002 04/03/2002 Sworn to and subscribed before me this_~ ~ ~otary Public State of Virginia City of Richmond ~y Commission expires (,~ ~(~._ HIS IS NOT A BILL. PLEASE PAY FRO~ INVOICE, THAN K YOU Rt. 360 Streetseape Committee Mk~sion Statement/Objectives Draft g4, 7/28/00 Page 2 Gener_a! PU, ,rpose/Mission, ,S,ta.t..ement To bring together representatives of the various groups interested in the Route 360 west corridor in order to encourage and ensure quality development of the Route 360 corridor, including: property owners, developers, local business owners, residents, bomeowner~ associations, and local environmentalists. To work to promote the following growth management objectives: economically balanced and efficient development, protection and preservation of environmental resources, protection ami preservation of historic and cultural resources,. maintenance and revitalization of older sections of the County, encouragement of a sense of community, and enhancement of aesthetic beauty through quality design. To balance at all times the above objectives with private property rights; and to adhere to the Chesterfield County Planning Department's mission of maximizing individual freedom to use property, constrained only by significant community objectives and neighboring property rights. Conditions of Approval 1. Approval providing the guidelines are administered fairly and equitably with flexibility of application without undue harm to small property owners. 2. With the passing of architectural guidelines, give small property owners on Rt 360 between Brandermill and Woodlake back some of the uses that were taken away by the overly restrictive Upper Swift Creek Plan. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: A~ril 10, 2002 Item Number: 15.c. Subject: Public Hearing to Consider the Appropriation of up to $1,355,200 for Comprehensive Services County Administrator's Comments: County Administrator: Board Action Requested: Staff recommends the Board of Supervisors approve the appropriation of up to $1,355,200 for Comprehensive Services, including $905,200 in state funds, $248,500 from general fund non-departmental appropriations, and $201,500 from schools, following the public hearing. Summary of Information: This item requests the Board to hold a Public Hearing regarding the appropriation of up to $1,355,200 in additional funding for Comprehensive Services. Of the $1,355,200, the State will provide $905,200 and the locality will provide the local match totaling $450,000. The local match requirements for the additional state funds will be provided from general fund non-departmental appropriations ($248,500), and an additional school contribution ($201,500). The FY2002 budget was set based on state-provided figures assuming a three year average of expenditures. The funding requested is mandated and sum sufficient to provide for services for at-risk youth in Chesterfield County. This request for additional appropriation is a direct result of increases in the number of children served (approximately 200 children year to date) and the increase cost of providing those needed services. The Board previously appropriated $200,000 from FY2001 countywide results of operations in November 2001 to address these increased costs. The $248,500 included in this item will bring the total additional general fund appropriation to $448,500. Bradford S. Hammer Attachments: ~-~ Yes Title: No Deputy County Administrator for Human Services CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetin_~ Date: April 10. 2002 Numb{ir Budqet and Management Comments: This item is to hold a public hearing regarding the appropriation of up to an additional $1,355,200 for Comprehensive Services. The additional appropriation requested is a direct result of increases in the number of children serviced and the cost of services. Of the additional funding, $905,200 is to be provided by the State, $248,500 is from general fund non-departmental appropriations, and $201,500 is from schools. An additional $200,000 in general funds was appropriated from FY2001 countywide results of operations in November 2001, making the total additional general fund appropriation $448,500 for the year. Preparer: Rebecca T. Dickson Title: Director, Budget & Management An Affiliate of Media General Advertising Affidavit (This is not a bill Please pay from invoice) P.O. Box 85333 Richmond, Virgi nia 23293-0001 (804) 649-6000 IAccount Num. ] 22{)806 0410112002 I Date Code Description Ad Size Total Cost 0~4.10qt20{t2 121 TAKR NIf'ITICETAKR NOTICE THAT THF, BOARD O 200 x 20_00 ATTACH HERE Media General Operations, inc. Publisher of THE RICHMOND TIIVIES,DISPATCH This is to certify that the attached TAEF, NOTfCF,'rAf4F, NC~T~C[ was published by Richmond Newspapers, inc. in the City of Richmond, State of Virginia, on the following c~ates: 04/03/2002 The first insertion being given Sworn to and subscribed before State of Virginia C~ of Richmond My Commission expires 0410q120~9 Supervisor THIS IS NOT A BILL; PLEASE pay FROM INVOICE. THANKYOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meeting Date: April 10, 2002 Item Number: 15.D. Subject: Public Hearing to Consider Amendments to Section 14-19 of the Code of the County of Chesterfield Relating to Curfew for Minors County Administrator's Commentsj County Administrator: ~ Board Action Requested: Staff recommends adopting the proposed changes to the curfew ordinance. Summary of Information: The chief judge of the Juvenile and Domestic Relations District Court has requested the County to clarify the county ordinance that establishes a curfew for minors. State law requires courts to dispose of curfew violation cases in the same manner that the court disposes of cases involving children who are truant from school, have run away from home, or are in need of special services. These cases are called "Children in Need of Services" cases and "Children in Need of Supervision" (collectively "CHINS" cases). The County Code does not currently reference the state law requirement to treat curfew violations as CHINS cases. As a result, there has been some confusion whether curfew violations should be treated like misdemeanors, similar to other violations of the County Code, or treated like CHINS cases. The proposed amendment clarifies that curfew violations will be treated like CHINS cases. The County Code also penalizes parents who permit their children to violate the curfew ordinance. The state enabling law makes no provision.for penalizing the parents of curfew violators and therefore this provision should be deleted. Staff recommends adopting the proposed changes to the ordinance amendments. Preparer:~~~J~ · ~~ Title: County Attorney Steven L. Micas 0600(23) :56808.1(55753.t) Attachments: Yes [----] No AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 14-19 RELATING TO CURFEWS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 14-19 of the Code of the Count_ of Chester_field, 1997, as amended, is amended and re-enacted to read as follows: Sec. 14-19. Curfew for minors. (a) It shall be unlawful for any child under the age of 18 years to be upon the streets or in other public places in the county between 11:00 p.m. and daylight of the following day unless accompanied by a parent, guardian or some adult person lawfully in charge of such child. (be) This section shall not be construed to prohibit children under 18 years of age from discharging their employment duties or attending religious, school or civic organizational functions unaccompanied by a parent, guardian or other adult person. ~.l Pursuant to § 15.2-926 of the Code of Virginia, a violation of this ordinance by a minor shall be disposed of as provided in §§ 16.1-278.4 and 16.1-278.5 of the Code of Virginia. (2) That this ordinance shall become effective immediately upon adoption. 0614:55753.1 An Affiliate of I~ledia General Advertising Affidavit (This is not a bill; Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 CHFF,,qTF'RFJF,IiD ROARD OF Sl JPF, RVI,qORS CHF,STF,RFIF,I,D VA 2~,832~0040 Account Num. I 220806 0410312002 [Date Code Description Ad Size Total COs~ TAKE NC)TICETAKENOTICE THAT THE gOARD O 2.00 x 23_00 ATTACH HERE Media General Operations, inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKF, N©T'ICF,TAKF, NOT[C~ was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following dates: 03/27/2002 04/03/2002 The first insert)on being given .... 03/~7/2002 Sworn to and subscribed before SuperVisor Notary Public State of Virginia City of RiChmond ~ly Commission expires THIS IS NOT A BILL. pLEASE PAY FROhl INVOICE. THANK yOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: A~)ril 10, 2002 Item Number: 15.E. Subiect: PUBLIC HEARING: Ordinance to Vacate a Portion of a Sixteen-Foot Easement Across Lot 4, Block E, Loch Braemar Subdivision County Administrator's Comments: i~.d_~~ '/~~ County Administrator: Board ActionRequested: Adopt an ordinance to vacate a portion of a 16' easement across Lot 4, Block E Loch Braemar Subdivision as shown on the attached plat. Summary of Information: Hector and Cathy C. Alonso have requested the vacation of a portion of a 16' easement across Lot 4, Block E, Loch Braemar Subdivision. A new easement will be dedicated. This request has been reviewed by staff and approval is recommended. District: Clover Hill Preparer: ~,~ ~J'. ~'~ Title: John W. Harmon Attachments: Ycs Ri.qht of Way Manager t::~)RTZO~ O~ 16~ EASF24ENT ,~ TO BE VACATED. An Affiliate of Media General Advertisi ng Affidavit (This is not a biiL P]ease pay from invoice) CHRSTRRFH,D CO RIGHT WAY RIGHT OF WAY DRPT 6710 W KRAI LqR ROAD CHR,~TRRFTRI ,D VA 23R32 P, O, Box 85333 Richmond, Virginia 23293~001 (804) 649-6000 lAccount Num. 220686 04/03/2002 [Bate Code Description Ad Size Tota~ COSt 04/03/2002 121 TAKF, NOTICRTHAT ON APRIl, 10 2002 AT 700 2.00 x 15.00 29840 ATTACH HERE Media General Operations, Inc. Publisher of THE RICHMOND TIMES-DISPATCH This is to certify that the attached TAKF, ~'4©TICF'THAT ON APR was publiShed by Richmond Newspapers, [nc, in the City of Richmond, State of virginia, on the following dates: 03/27/2002 04/03/2002 The first insertion being given .... 03t27/2002 Sworn to and subscribed before meth s Notary Public State of Virginia City of Richmond My Commission expires Superviso~,~ j THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THAN K YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Me=tin~l Date: A~ril 10, 2002 Item Number: 16. Sub!ect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County_ Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of next scheduled meeting to be held on April 24, 2002 at 3:30 p.m. PreDarer: ~_~~~~0 Lisa H. Elko Attachments: -] Yes Title: No Clerk to the Board