2016-04-13 MinutesBOARD OF SUPERVISORS
MINUTES
April 13, 2016
Supervisors in Attendance:
Mr. Stephen A. Elswick, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm.
Mr. Christopher M. Winslow
Mr. James M. Holland
Ms. Leslie A. T. Haley
Mr. James J. L. Stegmaier
County Administrator
School Board Members in
Attendance:
Ms. Carrie Coyner
Dr. Javaid Siddiqi
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Marilyn Brown, Dir.
Juvenile Detention
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Bruny, Dean,
Chesterfield University
Ms. Debbie Burcham,
Exec. Dir.,
Community Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Mary Ann Curtin, Dir.,
Intergovernmental Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Phil Innis, Interim Dir.,
Parks and Recreation
Mr. Rob Key, Dir.,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Ms. Kiva Rogers, Dir.,
Social Services
Mr. Dean Sasek,
Asst. Real Property Manager
Ms. Mary Martin Selby, Dir.,
HR Services
Chief Loy Senter,
Fire and EMS
Mr. Scott Smedley, Dir.,
Environmental Engineering
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Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Dir.,
Human Resources Programs
1. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION AND
CONSIDERATION OF PROSPECTIVE CANDIDATES FOR EMPLOYMENT
AS COUNTY ADMINISTRATOR
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
went into closed session pursuant to section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, for discussion and
consideration of prospective candidates for employment as
county administrator.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
Mr. Elswick called the regularly scheduled meeting to order
at 3:00 p.m.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Close Session to which this
certification applies, and ii) only such business matters
were identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Winslow:
Aye.
Ms.
Haley:
Aye.
Mr.
Holland:
Aye.
Ms.
Jaeckle:
Aye.
Mr.
Elswick:
Aye.
2. APPROVAL OF MINUTES FOR MARCH 23, 2016
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved the minutes of March 23, 2016, as submitted.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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3. COUNTY ADMINISTRATOR'S COMMENTS
3.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier reported recently the Internal Audit
Department provided information from the initial FY15
Comparative Cost Report from the Auditor of Public
Accounts. He stated the report looks at all localities
in the State with populations over 100,000 and compares
their audited financial data. He further stated 16 of 17
localities have submitted their information for FY2015
and of those localities Chesterfield remains the lowest
local revenue and cost of any of the large localities in
the state.
• Mr. Stegmaier reported as part of the rating agencies'
more stringent review of municipal credits, Moody's
released their annual issuer comment on Chesterfield in
March. He stated the report was very favorable for the
county and consistent with recent reviews. He further
stated in the release, Moody's noted that the county's
credit position is "extremely strong." The agency also
described the local economy as "exceptionally healthy,"
and highlighted Chesterfield's "sound financial
management."
• Mr. Stegmaier was pleased to report the Chesterfield
County Juvenile Detention Home recently received the
final results of the audit. He stated while this was
another exceptionally successful and thorough audit, he
shared a couple of the numerous positive comments
included in the overall summary. He recognized Ms.
Marilyn Brown, Director of Juvenile Detention, who was
in attendance.
• Mr. Stegmaier announced the 2016 Governor's
Environmental Excellence Awards were presented on April
7th at the 27th Environment Virginia Symposium in
Lexington. He stated these awards recognized the
significant contributions of environmental and
conservation. He further stated Chesterfield County
Utilities received the silver medal for the wastewater
treatment process optimization program. He recognized
Mr. George Hayes, Director of Utilities, who was in
attendance.
• Mr. Stegmaier was pleased to announce that the new
Taxation Management System achieved a major milestone
this week with the successful go -live of the first
module for cash receipting and the general ledger
interface. He stated customers in the Treasurer's office
are now being processed in the PCI My Revenue system and
receiving new modern receipts. He further stated the new
system also is successfully interfacing with the
county's general ledger and posting all of the
Treasurer's transactions to the county's main financial
system.
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Mr. Holland and Ms. Jaeckle expressed their appreciation and
commended involved county staff for their success relative to
the implementation of the new Taxation Management System.
• Mr. Stegmaier shared a few pictures from the ribbon
cutting of the Stonebridge apartments. The
revitalization of this gateway to Chesterfield in the
Midlothian corridor is one of the county's key
initiatives.
4. BOARD MEMBER REPORTS
Mr. Holland noted the significance of Virginia being the
lowest -cost state in terms of taxes. He also highly praised
Ms. Marilyn Brown and her staff for their tremendous efforts
relative to the recent audit summary.
Mr. Winslow announced he attended the MARVA, Galleria of
Stone Ribbon Cutting Ceremony on April 6th. He stated MARVA
has a long-standing tradition and commitment to quality and
service.
5. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
deleted Item 9.C.6.a., Request to Quitclaim Portions of a
Sixteen -Foot Water Easement Across the Property of BB Hunt,
L.L.C., and replaced Item 9.C.7., Approval of Lease with
Chesterfield Baptist Church to Provide Senior Citizen
Programs.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
6. RESOLUTIONS
There were no Resolutions at this time.
7. WORK SESSION
7.A. COUNTY ADMINISTRATOR'S PROPOSED FY2017 BUDGET, THE
PROPOSED FY2017 COMMUNITY DEVELOPMENT BLOCK GRANT AND
HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED
FY2017-FY2021 CAPITAL IMPROVEMENT PROGRAM, 2016 TAX
RATES, AND OTHER PROPOSED ORDINANCE CHANGES
Mr. Carmody stated the budget process is a yearlong process
as directors interact with the community to gather input to
bring forth the County Administrator's proposal.
In response to Ms. Jaeckle's question regarding
recommendations made by the Chesterfield County Citizen's
Budget Advisory Committee, Mr. Holland stated the Board
received the report relative to the county's FY2017 budget.
Mr. Carmody stated recommendations included establishing a
dedicated funding source for TMDL, continued pursuance of a
major maintenance funding strategy, accelerated school
revitalization financing plan to 7 years from 9 years and
maintaining current tax rates.
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In regards to the general government operating budget, he
stated no additional resources or position creation is
required for outlined operating changes. He further stated
resources for Mental Health support in the county jail would
be reserved, but not transferred until details are finalized.
He noted reassignment for unallocated CDBG/HOME funds for
down payment/rehab assistance.
Ms. Jaeckle suggested reevaluating allocations associated
with certain community contracts in the future.
In response to Ms. Jaeckle'suestion
q regarding the
Chesterfield Access expansion, Mr. Carmody stated the
additional $60,000 was intended for assistance relative to
medical trips into the City of Richmond and suggested some
guidance from the Board.
Mr. Winslow stated discussions have focused on rehabilitative
services/medical services into the City of Richmond
primarily. He further stated there are many services
available in the city which are not offered in Chesterfield
County.
Mr. Holland noted his support of additional funding for the
Chesterfield Access expansion, SwimRVA, Mental Health support
in the county jail and Sheriff Records Room staffing.
In regards to Mental Health support in the county jail, Mr.
Winslow stated the Board is focusing on the criminal justice
system as a whole and engaged in efforts of prevention and
reduced recidivism.
Mr. Holland concurred with Mr. Winslow's remarks.
Mr. Elswick made a request to staff to report back to Board
members regarding the Mental Health program in the county
jail.
In regards to the school division operating budget, Mr.
Carmody stated it remains balanced at $597.4 million via
additional state funding and use of school contingency
funding. He noted the school division's budget also included
a three percent salary increase for school employees. In
regards to the Capital Improvement Plan, he stated staff
requests two reallocations in the county plan which includes
pictometry funds to the ELM Project and RFCIP unallocated to
the Towne Center streetscape. He further stated School CIP
changes include accelerating new Midlothian Elementary School
into FY2018 and the addition of $2.5 million in cash proffers
in FY2019 and FY2020. In regards to the TMDL proposal, he
stated staff and the Citizen's Budget Advisory Committee
recommends Option #3 for the $25 flat fee for residential and
also recommends creation of separate storm water fund for
enhanced transparency/accounting. He noted billing would
begin in October and funding addresses at least the next five
years, but does not address the entire mandate associated
with the cost of the program.
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In response to Ms. Jaeckle's question, Mr. Carmody stated the
Capital Improvement Plan and the general government operating
budget are reliant on TMDL fee revenue in FY2017. He further
stated revenues are required for both upcoming projects and
operating costs associated with the TMDL initiative.
In response to Mr. Holland's question, Mr. Carmody stated the
five-year program is funded through approximately 30 percent
of local tax revenue.
Mr. Holland voiced his support of the recommended $25 flat
fee for residential TMDL fee revenue.
Ms. Jaeckle stated the Citizens Budget Advisory's
recommendation notes that a delay could result in
significantly higher annual costs in future years. She
further stated the recommendation also states the county has
to meet certain deadlines imposed by the federal government
and the Environmental Protection Agency, so delaying would
only result in less time to complete the mandated projects
and fewer years to spread out costs.
Ms. Haley commended the creation of the separate storm water
fund for the purpose of enhancing county transparency/
accounting.
Mr. Elswick expressed appreciation to Mr. Carmody and Budget
staff for their efforts relative to the preparation of the
annual budget and addressing important critical issues.
8. DEFERRED ITEMS
There were no Deferred Items at this time.
9. NEW BUSINESS
9.A. BUDGET ITEMS
9.A.1. ADOPTION OF ORDINANCE AMENDMENTS TO THE COUNTY CODE
RELATING TO UTILITIES CONNECTION FEES AND UTILITIES
USER CHARGES
Mr. Holland expressed appreciation to members of the Budget
and Audit Committee for their efforts and recommendations
relative to the preparation of the annual budget.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO
UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES IJ
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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(1) That Sections 18-22 and 18-27 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
2. Sec. 18-22. Connection fees.
(a) The water connection fee shall be the capital cost
recovery charge plus the meter installation charge based
on the size of the water meter that the director
installs. The wastewater connection fee shall be the
capital cost recovery charge for the size of the water
meter that serves the property, or, if the property does
not receive water service, the size of the water meter
that would serve the property if it received water
service.
(b) The capital cost recovery charge shall be:
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Number
of
Meter
ER U's
Capital Cost
Size
Customer Class (inches)unit
per
Recovery Charge
Water
Wastewater
(i)
For a dwelling,
5/8
1.00
$ 5,500.00
$ 5,400.00
single-family,
including townhouses,
mobile homes that are
not located in a
mobile home park, and
individually metered
multifamily dwelling
units
(ii)
For a dwelling, two-
5/8
1.00
5,500.00
5,400.00
family (per unit)
(iii)
For mobile homes that
0.85
4,675.00
4,590.00
are located in a
mobile home park and
for master metered
multiple -family
dwellings other than
multiple -family
dwellings used
exclusively as housing
for colleges and/or
universities (per
unit)
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(iv)
For all other customer
classes
5/8
1.00
5,500.00
5,400.)0
1
2.50
13,750.00
13,500-00
1%
5.00
27,500.00
27,000.00
2
8.00
44,000.00
43,200.00
3
16.00
88,000.00
86,400.,DO
4
25.00
137,500.00
135,000.
0
6
50.00
275,000.00
270,000.100
8
80.00
440,000.00
432,000 - CO
10
115.00
632,500.00
621,000.00
12
155.00
852,500.00
837,000.
00
The capital cost recovery charge for meters that are larg
than 12 inches shall be determined by the director based ch
the number of ERUs per unit.
(v)
The capital cost recovery charge for a dwelling that is
served by a meter that is larger than five-eighths inch
shall be the same capital cost recovery charge in
subsection (b)(iv).
. . .
3. Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2016, the
consumer shall pay charges for utility service in accordance
with the following schedules:
(a) Monthly service charges. The monthly service charge
shall be:
(1) Customer cost charge. A customer cost charge of
$2.44 for each service account. However, customers
who have only a water account or a wastewater account
shall pay a customer cost charge of $4.88.
(2) Commodity cost charge.
(i) Water: $ 1.81 per 100 cubic feet (Ccf).
(ii) Wastewater: $ 2.10 per 100 cubic feet (Ccf).
(3) Capacity cost charge.
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(2) That this ordinance shall become effective July 1, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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Customer Class
Meter
Number
Monthly Capacity
Size
of
Charge
(inches)
ERU's
Per
Unit
(i)
Dwelling, single-
5/8
1.00
Water
Wastewater
family, including
$ 7.10
$ 13.02
townhouses and mobile
homes that are not
located in a mobile
home park
)
Dwelling, two-family
5/8
1.00
7.10
13.02
(per unit)
(iii)
Mobile homes that are
0.85
6.04
11.07
located in a mobile
home park and
multiple-family
dwellings other than
multiple-family
dwellings used
exclusively as
housing for colleges
or universities (per
unit)
(iv)
All other customer
5/8 and
1.00
7.1
13.02
classes
3/4
1
2.50
17.75
32.55
1 1/2
5.00
35.5
65.10
2
8.00
56.80
104.16
3
16.00
113.60
208.32
4
25.00
177.50
325.50
6
50.00
355.00
651.00
8
80.00
568.00
1,041.60
10
115.00
816.50
1,497.30
(v)
12
155.00
1,100.50
2,018.10
The capacity cost charge for a
dwelling
that is served by a
meter that is larger
than five-eighths inch shall
be the
capacity cost charge in
subsection (a)(3)(iv).
(2) That this ordinance shall become effective July 1, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9.A.2. ADOPTION OF ORDINANCE AMENDMENTS TO THE COUNTY CODE
ESTABLISHING A STORMWATER UTILITY AND ASSOCIATED FEES
Mr. Holland made a motion, seconded by Ms. Haley, for the
Board to adopt the ordinance relative to establishing a
stormwater utility and associated fees, under the Citizen's
Budget Advisory Committee and staff recommendation.
Mr. Elswick asked Mr. Scott Smedley to provide semi-annual
updates to the Board related to TMDL funding and future
liabilities.
Ms. Jaeckle expressed appreciation to Mr. Smedley for his
efforts relative to the TMDL initiative. She stated it would
be unethical to leave an unfunded liability lingering. She
noted her support of Mr. Elswick's request.
Mr. Holland concurred with other Board member remarks and
expressed his appreciation to Mr. Smedley for his efforts
relative to the TMDL initiative.
Ms. Haley stressed the importance of looking at ways to
minimize the TMDL impact and/or advocate for additional
assistance in meeting that impact.
Mr. Holland stated it is the Board's ethical responsibility
to maintain environmental areas in the county and the
Chesapeake Bay.
Mr. Elswick called for a vote on the motion made by Mr.
Holland, seconded by Ms. Haley, for the Board to adopt the
following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY ADDING
ARTICLE IV TO CHAPTER 8 TO ESTABLISH A STORMWATER UTILITY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter S of Code of the County of Chesterfield,
1997, as amended, is amended by the addition of Article IV,
as added, to read as follows:
CHAPTER 8
STORMWATER MANAGEMENT AND WATER QUALITY
Article I. Stormwater Management
°0 I J
Article IV. Stormwater Utility
Sec. 8-39. - Definitions.
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(1) In addition to the definitions set forth in section 8-2,
when used in this article, the following terms shall have the
following meanings:
(2)
Base Rate means the utility fee charged on an equivalent
residential unit, which shall be $25, effective July 1, 2016.
Developed nonresidential property means developed property
which does not serve a primary purpose of providing permanent
dwelling units. Such property shall include, but not be
limited to, commercial properties, industrial properties,
parking lots, churches, recreational and cultural facilities,
hotels, offices, hospitals, schools, and universities.
Developed property means real property which has been altered
from its "natural" state by the addition of any improvements
such as buildings, structures, and other impervious surfaces
totaling greater than two hundred fifty (250) square feet of
impervious area. Improvements include, without limitation,
buildings patios, driveways, walkways, parking areas, and
compacted gravel areas. For new construction, property shall
be considered developed pursuant to this article upon
issuance of an occupancy permit.
Developed residential property means developed property which
serves the primary purpose of providing a permanent dwelling
unit or units, and which may or may not have accessory uses
related to the purpose of providing permanent dwelling
facilities. Property zoned to the A-1, agricultural zoning
classification on which a dwelling unit is located shall be
considered developed residential property for the purposes of
this article.
Director means the director of environmental engineering or
any person designated by the director to act on the
director's behalf.
Dwelling unit shall mean any building or portion thereof
which provides complete independent
permanent facilities for living, sleeping, eating and
sanitation and is designed for or used exclusively as living
quarters by one (1) family, but not including a tent, cabin,
travel trailer or room in a hotel or motel. A manufactured
home or temporary family health care unit shall not be
considered a dwelling or dwelling unit.
Equivalent residential unit or ERU means the equivalent
impervious area of a typical single-family residential
developed property based on the statistical average
horizontal impervious area of a single-family detached
dwelling unit in the county. An ERU equals two thousand
eight hundred (2,800) square feet of impervious surface area.
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Impervious area means a surface which is compacted or covered
with material that impedes or prevents natural infiltration
of water into soil, including, without limitation, most
conventionally surfaced streets, roofs, sidewalks, parking
lots, and other similar structures.
Revenues means all fees, assessments, or other income
received by the utility including but not limited to amounts
received from investment or deposit of moneys in any fund or
account and any amounts contributed by the county, grants,
fees -in -lieu of or proffer funds provided by developers or
individual residents.
Stormwater management system or system means the stormwater
management infrastructure and equipment of the county and all
improvements thereto for stormwater control in the county.
Infrastructure and equipment shall include structural and
natural Stormwater control system of all types, including
without limitation, retention basins, sewers, conduits,
pipelines, pumping and ventilation stations, and other
plants, structures, and real and personal property used for
support of the system. The system does not include privately
owned farm ditches and other private drainage systems.
Stormwater management utility or utility means the special
revenue fund created by this chapter to operate, maintain,
and improve the county's stormwater management system.
Treasurer shall mean the Chesterfield County treasurer or any
person designated by the treasurer to act on the treasurer's
behalf.
Undeveloped property means any property that has less than or
equal to two hundred fifty (250) square feet of impervious
area.
Utility fee or fee means the service charges determined in
accordance with section 8-41 of this article and applied to
property owners, including condominium unit owners, of
developed property used to fund the stormwater management
utility.
Sec. 8-40. - Establishment of stormwater management utility.
(a) Pursuant to the provisions of the Code of Virginia,
§15.2-2114, a stormwater utility fee is hereby imposed
on all developed properties in the county. All revenue
collected pursuant to this article shall be deposited
into a stormwater utility. The fee shall be paid by the
owner of developed property in the county.
(b) The stormwater utility shall be dedicated special
revenue used only to pay for or recover costs for the
following stormwater services:
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(1) The acquisition, as permitted by the Code of
Virginia, §15.2-1800, of real and personal
property, and interests therein, necessary to
construct, operate, and maintain stormwater control
facilities;
(2) The cost of administration of such programs;
(3) Planning, design, engineering, construction, and
debt retirement for new facilities and enlargement
or improvement of existing facilities, including
the enlargement or improvement of dams, levees,
floodwalls, and pump stations, whether publicly or
privately owned that serve to control stormwater;
(4) Facility operation and maintenance, including
maintenance of dams, levees, floodwalls, and pump
stations, whether publicly or privately owned, that
serve to control stormwater;
(5) Monitoring of stormwater control devices and
ambient water quality monitoring; and
(6) Other activities consistent with the state or
federal regulations or permits governing stormwater
management, including, but not limited to, public
education, watershed planning, inspection and
enforcement activities, and pollution prevention
planning and implementation.
(c) The impervious surface of a property shall be determined
by the director by using one (1) or more of the
following: aerial photography; as -built drawings; final
approved site plans; building permits; field surveys; or
other appropriate engineering and mapping analysis
tools.
Sec. 8-41. - Imposition of stormwater utility fee and fee
calculations.
(a) For purposes of determining the utility fee, all
properties in the county are classified into one of the
following classes:
(1) Developed residential property
(2) Condominiums and townhouses
(3) Developed nonresidential property
(4) Undeveloped property
(b) Developed residential property will be charged the base
rate per dwelling unit. Condominiums and townhouses
will be charged a flat rate of 30 percent of the base
rate per dwelling unit. Developed nonresidential
property will be charged in accordance with section 8-
41(c) of this article.
(c) The annual stormwater utility fee for all developed
nonresidential property in the county shall be
calculated in the following manner:
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(1) Determine the impervious area of each property of
real property in square feet;
(2) Divide the property's impervious area by the
equivalent residential unit.
(3) Round the resulting calculation to the nearest
whole number to determine the number of equivalent
residential units.
(4) Multiply the number of equivalent residential units
determined in subsection (3) above by the base rate
to obtain the annual stormwater utility fee for the
property.
(d) When new property or impervious areas are brought into
the utility system, such as from new construction, fees
will accrue or increase commencing from the date of
issuance of a certificate of occupancy. The director
will forward the data concerning the fee to the
treasurer so that the charge will be issued with the
next real estate tax bill.
(e) In the event of additions to developed nonresidential
property which change the amount of impervious surface
area, the director will modify the fees upon issuance of
a certificate of occupancy. The director will forward
this data to the treasurer so that the next real estate
tax bill will reflect the modification of the fee.
(f) In the event of alterations to developed nonresidential
property which change the amount of impervious surface
area (e.g. increased parking area) the director will
modify the fees upon closure of the land disturbance
permit. The director will forward this data to the
treasurer so that the next real estate tax bill will
reflect the modification of the fee.
Sec. 8-42. - Billing, payment, and penalties.
(a) The stormwater utility fee shall be billed to the record
owner of each property subject to the fee in the same
manner as prescribed by the county for the real estate
tax. Such bills shall be included on and payable with
the property's real estate tax bill. For properties
that do not receive a real estate tax bill, a separate
bill for stormwater services shall be issued. Any fee
not paid in full by the applicable due date.of the real
estate tax bill, unless a petition for adjustment has
been made in accordance with section 8-43 of this
article, in which case the due date is thirty (30)
calendar days after the date of a final determination of
a petition for adjustment, shall be considered
delinquent.
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(b) Payments received shall be applied first to the
stormwater utility fee and then to the real estate tax
and other fees.
(c) Delinquent stormwater utility fees, in accordance with
the Code of Virginia, §15.2-105, shall be subject to a
penalty of an amount equal to ten (10) percent of the
amount then due, which penalty shall be added to the
amount due from such person. Interest at the rate of
ten (10) percent on the balance of the account shall be
imposed and collected on all such delinquent fees from
the first day following the due date listed on the bill.
No penalty shall be imposed for failure to pay if such
failure was not in any way the fault of the debtor.
(d) A delinquent stormwater utility fee, along with
cumulative penalties and interest, shall constitute a
lien on the property ranking on parity with liens for
unpaid taxes and shall be collected in the same manner
as provided for the collection of unpaid taxes.
Sec. 8-43. - Petitions for adjustments.
(a) Any owner of a property subject to the stormwater
utility fee may request an adjustment to the fee by
submitting a request in writing to the director within
thirty (30) calendar days after the date the bill is
mailed or otherwise issued to the owner. Grounds for
adjustment of the fee are limited to the following:
1) An error was made regarding the square footage of
the impervious area attributed a property;
2) The property is exempt under the provisions of
section 8-44(c) of this article;
3) There is a mathematical error in calculating the
stormwater utility fee;
4) The identification of the property owner billed is
in error; or
5) An approved credit was incorrectly applied.
(b) The property owner shall complete a stormwater utility
fee adjustment application form in a format approved by
the director.
(c) If the application alleges an error in the amount of the
impervious area, the property owner shall also provide a
plot, plan, or map showing all impervious areas within
the property's boundaries, including buildings, patios
driveways, walkways, parking areas, compacted gravel
areas, and any other separate impervious structures.
The applicant shall label dimensions of impervious areas
and identify the areas believed to be incorrect.
(d) The director shall make a determination within thirty
(30) calendar days of receipt of a complete submittal
for the request for adjustment. In the event that the
16-200
04/13/16
director finds that the appeal is deficient or
incomplete, the director shall offer the property owner
thirty (30) days to supply the missing information. The
thirty (30) day timeframe for a decision will begin at
such time as the requested information is provided. If
the information requested is not provided to the
director within thirty (30) days of the original
request, the petition will be deemed withdrawn. d
Sec. 8-44. - Stormwater utility fee credits, exemptions.
(a) The director shall administer a system of credits in
accordance with the Code of Virginia, §15.2-2114(D).
(b) The director will develop written policies to implement
the credit system, which shall include a requirement for
property owners to provide long-term maintenance in
accordance with section 8-10 of article I of this
chapter, "Long-term maintenance of permanent Stormwater
facilities."
(c) The following properties shall be exempt from the
Stormwater utility fee:
(1) A federal, state, or local government, or public
entity, that holds a permit to discharge stormwater
from a municipal separate storm sewer system (MS4).
(2) Undeveloped properties.
(2) That this ordinance shall become effective on July 1,
2016.
Ayes: Elswick, Jaeckle, Holland and Haley.
Nays: Winslow.
9.A.3. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX
LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL
PROPERTY FOR 2016
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following ordinance:
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 Chesterfield
County:
(1) That for the year beginning on the first day of January,
2016, and ending on the thirty-first day of December, 2016,
the taxes on property in all the Magisterial Districts of the
County of Chesterfield shall be as follows:
16-201
04/13/16
Sec. 1. Real Property and Mobile Homes.
(a) Except as provided in Sec. 1 (b), on tracts of
land, lots or improvements thereon and on mobile homes the
tax shall be $0.96 on every $100 of assessed value thereof.
(b) On tracts of land, lots or improvements thereon and
on mobile homes in the Powhite Parkway -Charter Colony Parkway
Interchange Service District the tax shall be the tax
provided in Sec. 1 (a) plus $0.15 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 46.2-749.3 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.
(g) On motor vehicles which are specially equipped to
provide transportation for physically handicapped
individuals, the tax shall be $.01 on every $100 of the
assessed value thereof.
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04/13/16
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 $0.96 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 trucks 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.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.A.4. ADOPTION OF THE FY2017 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP
ANNUAL PLAN
9
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the FY2017 Community Development Block Grant and the
HOME Investment Partnerships Annual Plan, with modifications
presented at the work session. IJ
Ayes
Nays
9.A.5.
Elswick, Jaeckle, Winslow, Holland and Haley.
None.
ADOPTION OF THE FY2017-FY2021 CAPITAL IMPROVEMENT
PROGRAM
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the FY2017-FY2021 Capital Improvement Program, as
amended.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.A.6. ADOPTION OF THE FY2017 ANNUAL FINANCIAL PLAN
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the FY2017 Annual Financial Plan, as amended.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. IJ
Nays: None.
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04/13/16
9•A•7• ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2017
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution appropriating funds for
FY2017, as amended:
RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED
ESTIMATED REVENUES FOR FY2017 FOR THE OPERATING BUDGETS AND THE CAPITAL
IMPROVEMENT 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 2016 and
ending on the thirtieth day of June 2017, 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 provide
improvement
a capital
program for the County. It is the intent of the
Board
Supervisors that general property taxes levied on January 1,
of
2016, and
due December 5, 2016, be appropriated for FY2017.
General Fund
Estimated
FY2017 Adopted
Revenue: Local Sources
General Property Taxes
$415,233,400
Other Local Taxes
117,864,000
Licenses, Permits, & Fees
6,560,100
Fines, Forfeitures & Uses of Money &
Property
2,699,800
Service Charges
32,924,700
Miscellaneous and Recovered Costs
10,499,100
Other Agencies
State and Federal
148,297,400
Other Financing Sources
Use of Restricted, Committed, or
Assigned Fund Balance
10,876,900
Transfer from County Grants Fund
1,439,100
Transfer from Mental Health, Support
Services
440,300
Transfer from Fleet Management
14,100
Transfer from Water Operating Fund
3,700
Transfer from Wastewater Operating Fund
2,500
Unassigned Fund Balance 7/1/2016
58,668,400
Total Revenues
$805,523,500
Appropriations: General Government
$51,541,500
Administration of Justice
9,329,000
Public Safety
170,950,000
Public Works
17,389,300
Health & Welfare
66,471,400
Parks, Recreation, Cultural
20,778,000
Community Development
18,809,700
Debt Service
22,711,900
Operating Transfers
367,183,300
Assignments
355,000
Unassigned Fund Balance, 6/30/2017
60,004,400
Total General Fund
$805,523,500
16-204
04/13/16
*Plus encumbrances carried forward in all funds in an amo
not to exceed $150 million, which will be reappropriate
into the fiscal year beginning July 1, 2016. (See "Secti
5 " )
Comprehensive Services Fund
Estimated
Revenue: Reimbursement, Colonial Heights
State Aid, Comprehensive Services
Transfer from Social Services
Transfer from Schools
Transfer from General Fund
Use of Unrestricted Net Assets
Total Revenues and Funding Sources
Appropriations: Operating Expenses
Total Appropriations
$450,£
7,149,(
445,:
2,897,'
1,196,:
270,
$12,409,
t
00
00
00
0 �j
00
00
F00
$12,409, 00
$12,409, 00
School Operating
Fund
Estimated
$19,911,
00
Revenue:
Local Sources
252,093,
00
State
Federal
36,758,!00
Transfer from School CIP
74,
00
Transfer from School operating
463,
00
Transfer from School Food Service
8401
00
Use of Reserve
2,756,-00
Transfer from General Fund:
State Sales Tax
63,400':00
Local Taxes
261,992,
00
Prior Year Revenue
3,500,1
00
Total General Fund
328,892,
00
Use of Assigned Fund Balance
1,000'(100
Total Revenues and Funding Sources
$642,789,
OC
11VJ
Appropriations:
Instruction
$442,608,
00
Administration, Attendance & Health
23,042,
00
Pupil Transportation
33,067,-00
Operations & Maintenance
50,999,-00
Technology
13,243,:00
Debt Service
47,900,
00
Food Service
24,989,
00
Transfer to and/or Assignment for School
Capital Projects
5,938,
00
Unassigned Fund Balance, 6/30/2017
1,000,
00
Total Appropriations
$642,789,
00
Schools - Appomattox Regional Governor's School Fund
Estimated
Revenue: Local Sources
State
Total Revenues and Funding Sources
Appropriations Education
Total Appropriations
County Grants Fund
Estimated
Revenue: other Governments
Transfer from General Fund
Total Revenues and Funding Sources
Appropriations: Adult Drug Court
16-205
$2,590, 00
1, 343, 00
$3,934, 00
3, 934, 400
$3,934,400
$11,943,-00
1,275, 00
$13,219,:00
$668, 00
04/13/16
Clerk of the Circuit Court
Appropriations:
Technology Trust Fund
$215,400
Community Corrections Services
Domestic Violence Victim Advocate (V -
STOP)
Proffers
56,600
Community Development Block Grant
1,592,700
Community Services Board Part C
1,650,500
Domestic Violence Prosecutor
116,600
Drug Prevention
4,000,000
100,000
Families First
$54,692,000
581,800
Fire & EMS Revenue Recovery
6,409,300
Juvenile Drug Court Grant
315,200
USDA Juvenile Detention Grant
75,000
Victim/Witness Assistance
Virginia Juvenile Community Crime Act
549,500
(VJCCCA)
reallocated for new projects. In addition,
888,400
Total Appropriations
$13,219,100
County CIP Fund
Estimated
Revenue: Transfer from General Fund $26,636,500
General Obligation Bonds 11,300,000
Lease Financing 0
Contributions and Donations 127,500
Developer Contributions/Interest Earnings 5,064,000
Transfer from Cash Proffers 1,064,000
State Funds 10,500,000
Total Revenues $54,692,000
Fleet Management and Radio Sho
Estimated
Revenue: Fleet Management Charges $18,393,400
Radio Shop Charges 1,997,900
Use of Restricted, Committed, or Assigned
Fund Balance 1,291,800
Total Revenue and Funding Sources $21,683,100
16-206
04/13/16
Appropriations:
County Capital Projects
$49,628,000
Transfer to Capital Projects from Cash
Proffers
1,064,000
Transfer to School Capital Projects Funds
4,000,000
Total County CIP Funds
Note: An additional $1,374,000 in
$54,692,000
county
project savings is already appropriated in
the capital project fund that will be
reallocated for new projects. In addition,
$416,000 is appropriated in the grant fund
that will be used for capital projects.
Schools CIP Fund
Estimated
Revenue:
Bond Proceeds
$33,013,700
Interest Earnings
$74,000
Transfer from Cash Proffer Fund
4,000,000
Trf from School Grant Fund (State
Technology Funds)
1,800,000
Transfer from School Reserve for Future
Capital Projects
4,138,300
Total Revenue and Transfers
$43,026,000
Appropriations:
School Capital Projects
$42,952,000
Transfer to School Operating Fund
$74,000
Total Appropriations
$43,026,000
Fleet Management and Radio Sho
Estimated
Revenue: Fleet Management Charges $18,393,400
Radio Shop Charges 1,997,900
Use of Restricted, Committed, or Assigned
Fund Balance 1,291,800
Total Revenue and Funding Sources $21,683,100
16-206
04/13/16
Appropriations: Fleet Management Operations $19,576,:00
Radio Shop Operations 2,022,!00
Addition to Unrestricted Net Assets 84,-00
Total Appropriations $21,683,:00
Facility Management Fund
Estimated
Revenue: Reimbursement for Services
Total Revenue
Appropriations: Construction Management Operations
Total Appropriations
Risk Management Fund
Estimated
Revenue: Operating Revenues
Use of Unrestricted Net Assets
Total Revenue
Appropriations: Risk Management Operations
Use of Unrestricted Net Assets
Total Appropriations
Healthcare Fund
Estimated
Revenue: Employee Contributions
Employer Contributions
Total Revenue
Appropriations: Operating Expenditures
Total Appropriations
Airport Fund
Estimated
Revenue: Operating Revenue
State and Federal
Transfer from General Fund
Total Revenue
Appropriations: Airport Operations and Capital Projects
Addition to Unrestricted Net Assets
Total Appropriations
Utilities Funds
Estimated
Revenue: Service Charges
Capital Cost Recovery Charges
Other Revenue
Use of Unrestricted Net Assets
Total Revenue
Appropriations: Operations
Debt Service
Transfer to Capital Projects Fund
Total Appropriations
Utilities Capital Project Funds
Estimated
Revenue: Transfer from Improvement/Replacement Fund
16-207
$648, 400
$648, 00
�)
$648, 400
$648, 00
$8,811, 00
10,879, 00
$19,690, 00
$9,054, 00
10,636, 00
$19,690, 00
$31,381,00
80,705, 00
$112,087, 00
$112,087,110
$112,087,11 0
$753, 00
720, 100
587, 600
$2,061,1200
$2,041, 00
19, 00
$2,061,1100
89,200, 00
17,954, 00
4,621, 00
22,316,00
$134,091, 00
$60,695,!00
7,002, 00
66,393, OC
$134,091,50d
66, 393,1300
04/13/16
Total Revenue $66,393,300
Appropriations: Capital Projects $66,393,300
Total Appropriations $66,393,300
Stormwater Utility Fund
Estimated
Revenue: Transfer from Improvement/Replacement Fund $3,867,400
Total Revenue $3,867,400
Appropriations: Operating Expenses $3,867,400
Total Appropriations $3,867,400
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.
Sec. 3 The County Administrator may, as provided herein, except as set
forth in Sections 7, 12, 13, 14, 15, 16, 18 and 23 authorize the
transfer of any unencumbered balance or portion thereof from one
classification of expenditure to another within the same
department or appropriation category. Unless otherwise provided
below, the County Administrator may transfer up to $50,000 from
the unencumbered appropriated balance and prior year end carry
forward assignments from one appropriation category (including
assigned fund balance) 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 trELnsferred for the
item does not exceed $50,000.
Sec. 4 The County Administrator may increase appropriations for non -
budgeted revenue that may occur during the fiscal year as
follows:
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 tc that refund or
reimbursement.
C) Revenue not to exceed $50,000.
Sec. 5 All outstanding encumbrances, both operating and capital, in all
county funds up to $150 million, at June 30, 2016 shall be an
amendment to the adopted budget and shall be re:appropriated to
the 2017 fiscal year to the same department and account for which
they were assigned in the previous year subject, if applicable,
to any public hearing requirements. At the close of the fiscal
year, all unassigned appropriations lapse for budget items other
than: capital projects; general fund transfers for capital
projects and grants; construction assignments for capital
projects; assignments for county and school future capital
projects; other use of restricted, committed, or assigned fund
balances; District Improvement Funds; donations restricted to
specific purposes; federal and state grants, PPTRA revenues;
other revenue and program income; revenue recovery funds; Title
IV -E funds; cash proffers; all tax revenues received for special
assessment districts and interest earnings thereon; Fire and
Emergency Medical Services apparatus and equipment funding;
Economic Development incentive funds; actual transient occupancy
tax revenues received and budgeted expenditures in connection
with the Richmond Convention Center; and refunds for off-site and
oversized water and wastewater facilities. Any funds budgeted in
a given fiscal year that are specifically budgeted to add to an
16-208
04/13/16
assignment of fund balance shall be automatically authorized to
be assigned during the year end audit process. All excess
revenues and any unspent appropriations in the telecommunications
program is authorized to become an automatic assignment for
future telephone system upgrades. All revenues from the increased
vehicle registration fee received in excess of those budgeted for
the state revenue sharing program shall automatically be
authorized as an assignment of fund balance at year end. Staff is
authorized to set aside $937,000 from the FY2017 results which
will automatically be reserved at June 30, 2017 for TMDL related
expenses.
Sec. 6 Appropriations designated for capital projects will not lapse at
the end of the fiscal year. The County Administrator may approve
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 balances to the original funding source. In accordance
with CCPS' approved FY2017 CIP, staff is authorized to eliminate
the following prior year cash proffer appropriations in School
CIP's and in zoning cases in the capital projects fund effective
June 30, 2016: $1 million in Crestwood Elementary; $1 million in
Manchester Middle School; $373,569.89 in O. B. Gates Elementary;
$160,454.46 in Watkins Elementary; $2,162,000 in the FY2014
Future Project Reserve; and $25,000 in Ecoff Elementary. 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 exceeds 10% of the
original contract amount or 20% if the original contract is for
less than $500,000.
Sec. 7 The County Administrator is authorized to approve transfers among
Utilities funds and capital projects as long as funding sources
are consistent and total net appropriation is not increased.
Should the actual contract price for a project be less than the
appropriation, the County Administrator may approve the transfer
of excess funds back to the original funding source upon
completion of the project.
Sec. 8 Upon completion of a grant program, staff is authorized to close
the grant and transfer balances back to the funding source. Staff
is authorized to reprogram Community Development Block Grant
funds by closing program cost centers and transferring funding to
newly approved programs based on adoption by the Board of
Supervisors.
Sec. 9 The County Administrator may reduce revenue and expenditure
appropriations related to programs, functions, capital projects,
grants, or departments to the level approved.
Sec. 10 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 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 Treasurer
may also advance cash in support of employee benefit accounts.
Sec. 12 The County Administrator is authorized to make expenditures from
1.41
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.
16-209
04/13/16
Sec. 13 The County Administrator is authorized to transfer among
appropriation categories and/or appropriate funds and assignments
of fund balance in excess of $50,000 for supplemental retirement,
Workers' Compensation, healthcare, and other compensation -related
costs, as well as for transfers to departments to cover
energy/fuel costs. The County Administrator is authorized to
transfer up to $196,900 across appropriation categories in
support of mental health programs in the jail.
Sec. 14 The County Administrator may appropriate revenues and increase
expenditures in excess of $50,000 for funds received by the
County from asset forfeitures for expenditures related to drug
kw enforcement or other allowable expenditures. The balance of these
funds shall not lapse but be carried forward into the next fiscal
year.
Sec. 15 The County Administrator may increase the general fund
appropriation in the school operating fund contingent upon
availability of funds and other circumstances, based on the
following schedule:
a) Increase general fund transfer/appropriation on December 15 by
$3,000,000.
b) Increase general fund transfer/appropriation on February 15 by
$3,000,000.
c) Increase general fund transfer/appropriation on May 5 by
$3,000,000.
Sec. 16 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, including the
appropriation of transfers among funds to accomplish such
reallocations. Budgets for specific capital projects will not be
increased beyond the level authorized by Sections 3 and 4. The
County Administrator is authorized to transfer cash proffers
among capital projects to ensure spending in a timely manner as
long as the Capital Improvement Program net appropriation is not
increased.
Sec. 17 Salaries for Planning Commissioners will be increased equivalent
to the merit increase county employees are eligible for. The
effective date for pay increases, including the Planning
Commission and the Board of Supervisors, may cross fiscal years.
Sec. 18 The County Administrator is authorized to approve transfers among
funds and capital projects as long as total net appropriation is
not increased.
Sec. 19 The Utilities Department rate stabilization assignment shall be
maintained as per guidelines outlined below:
a) The minimum annual contribution to the assignment will be 50%
of the previous year's depreciation on fixed assets.
b) The annual contribution to the assignment 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 assignment if
the balance falls below 25% of that utility's fixed asset
accumulated depreciation, other than for Utility internal
borrowing purposes.
d) The declaration of a financial emergency by the Director of
Utilities and a corresponding four-fifths vote by the Board of
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04/13/16
Supervisors at a publicly advertised meeting declaring the
existence of such an emergency is required to suspend Sec.
19a, Sec. 19b, and Sec. 19c.
Sec. 20 Upon adoption of this resolution, the School Board and/or the
School Superintendent may make expenditure and revenue changes
within the school operating funds as follows:
a) Transfers of $50,000 or less are subject to the approval of
the Superintendent.
b) Transfers of $50,001 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.
Sec. 21 In accordance with the requirements set forth in Section 58.1-
3524(C)(2) and Section 58.1-3912(E) of the Code of Virginia, as
amended by Chapter 1 of the Acts of Assembly (2004 Special
Session 1) and as set forth in Item 503.E (Personal Property Tax
Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any
qualifying vehicle situated within the County commencing January
1, 2006, shall receive personal property tax relief in the
following manner:
a) Personal use vehicles valued at $1,000 or less will be
eligible for 100% tax relief;
b) Personal use vehicles valued at $1,001 to $20,000 will be
eligible for 56% tax relief;
c) Personal use vehicles valued at $20,001 or more shall receive
56% tax relief on the first $20,000 of value;
d) All other vehicles which do not meet the definition of
"qualifying" (business use vehicles, farm use vehicles, motor
homes, etc.) will not be eligible for any form of tax relief
under this program. Pursuant to authority conferred in Item
503.D of the 2005 State Appropriations Act, the County
Treasurer shall issue a supplemental personal property tax
bill in the amount of 100 percent of tax due without regard to
any former entitlement to state PPTRA relief, plus applicable
penalties and interest, to any taxpayer whose taxes with
respect to a qualifying vehicle for tax year 2005 or any prior
tax year remain unpaid on September 1, 2006, or such date as
state funds for reimbursement of the state share of such bill
have become unavailable, whichever occurs first.
e) Penalty and interest with respect to bills issued pursuant to
this section shall be computed on the entire amount of tax
owed. Interest shall be computed at the rate provided in
Section 9-51 of the County code from the original due date of
the tax.
Sec. 22 The County Administrator is authorized to reduce a department's
current year budget appropriation by a dollar amount equal to the
prior year's overspending inclusive of encumbrances carried
forward.
Sec. 23 Within the healthcare fund the County Administrator is authorized
to appropriate use of reserves, interest earnings, and additional
employee or employer contributions in excess of $50,000 in order
to pay claims, settlements, and any costs associated with
healthcare.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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Mr. Carmody expressed appreciation to his staff for their
tremendous hard work and efforts relative to preparation of
the annual budget.
Mr. Holland expressed appreciation to Mr. Carmody, Budget
staff and Mr. Stegmaier for their outstanding efforts and
hard work relative to the budget.
9.B. STREETLIGHT INSTALLATION REQUEST
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the following streetlight installation and
authorized the transfer of District Improvement Funds to fund
the project.
Matoaca District
• In the Woods at Summerford subdivision
In the vicinity of 13813/13819 Orchid Drive
Cost to install streetlight: $1,104.54
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C. CONSENT ITEMS
9.C.1. ADOPTION OF RESOLUTIONS
9.C.l.a. RECOGNIZING MAY 15-21, 2016, AS "NATIONAL LAW
ENFORCEMENT WEEK" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's five strategic
goals is "to partner with residents to provide a safe and
secure community through prevention, readiness, and
professional response"; and
WHEREAS, no community goal is more precious and vital
than maintaining the safety of family, self and others we
hold dear; and
WHEREAS, the dedication, steadfastness and bravery of
our law enforcement teams that operate in Chesterfield County
are well known as they provide essential services to all
community members; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is the keystone upon which our quality of life
rests; and
WHEREAS, since the first known line -of -duty death in
1791, over 20,000 law enforcement officers have made the
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ultimate sacrifice; on average one officer
of duty every 60 hours and as such, there
engraved on the walls of the National
Officers Memorial; and
dies in the line
are 20,664 names
Law Enforcement
WHEREAS, the week of May 15-21, 2016, is recognized
across the country as "National Law Enforcement Week" and
will honor the 127 national law enforcement officers who gave
their lives in 2015 in the line of duty; and
WHEREAS, Chesterfield County is grateful and honored to
have such outstanding and professional individuals serving as
law enforcement officers to protect the health, safety and
welfare of its community.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
15-21, 2016, as" National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its community members, as well as publicly
salutes the service of law enforcement officers in our
community.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.1.b.
9.C.1.b.1.
RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
FIREFIGHTER TODD E. FERREE, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Firefighter Todd E. Ferree will retire from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on May 1, 2016; and
WHEREAS, Firefighter Ferree began his career in
Communications as an Emergency Services Dispatcher in
November 1988; and
WHEREAS, Firefighter Ferree attended Recruit School #22
in July 1989 and has faithfully served the county for nearly
28 years in various assignments as a firefighter at the
Courthouse, Manchester, Buford, Dundas, Wagstaff, and Dale
Fire and EMS Stations; and
WHEREAS, Firefighter Ferree was certified as a Cardiac
Technician in 1994, a Nationally Registered Paramedic in 1996
and served as a Paramedic Preceptor in 2005 teaching advanced
life -support -provider students; and
WHEREAS, Firefighter Ferree provided nearly 22 years as
an advanced life-support provider exemplifying a high level
of medical services to the residents of Chesterfield County;
and
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PE
F]
WHEREAS, Firefighter Ferree was recognized with a Unit
Citation award for his exemplary emergency actions while
fighting a fire that swept through a 58 -unit multifamily
apartment building in the Old Buckingham Station Complex in
May 1995; and
WHEREAS, Firefighter Ferree was recognized with an EMS
Lifesave award for his advanced lifesaving actions of a
patient in cardiac arrest in February 2011; and
WHEREAS, Firefighter Ferree was recognized with a Unit
Citation award for his extraordinary teamwork and efforts
resulting in the rescue of two citizens trapped in their
burning vehicle resulting from a head-on collision in
November 2013.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Todd E. Ferree, expresses the appreciation of all
residents for his service to the county, and extends their
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.1.b.2. LIEUTENANT PHILLIP A. POLK, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Lieutenant Phillip A. Polk will retire from the
Chesterfield County Police Department on April 1, 2016, after
providing 27 years of outstanding quality service to the
residents of Chesterfield County; and
WHEREAS, Lieutenant Polk has faithfully served the
county in the capacity of Patrol Officer, Police Detective,
Sergeant and Lieutenant; and
WHEREAS, during his tenure, Lieutenant Polk also served
as Field Training Officer, General Instructor, Firearms
Instructor, and Driving Instructor; and
WHEREAS, Lieutenant Polk's fluency in Spanish has been a
tremendous asset to the Police .Department, and he has used
his bilingual skill as a frequent interpreter of Hispanic
residents and served as the primary instructor for Spanish-
speaking training courses; and
WHEREAS, Lieutenant Polk was the recipient of an
Achievement Award and a Chief's Commendation for his
dedication in the development and implementation of Spanish
for Law Enforcement Program that instructs police recruits
and experienced police officers in the fundamentals of the
Spanish language, providing them with basic Spanish-speaking
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skills which enable them to interact effectively and safely
with the Hispanic community, and his language skills and
ongoing role as an instructor were critical to the success of
this training program, which remains active today; and
WHEREAS, Lieutenant Polk was recognized with a Chief's
Commendation for his professionalism, persistence and courage
in the pursuit, capture and arrest of an armed -robbery
suspect; and
WHEREAS, Lieutenant Polk has made valuable contributions
to several committees during his career, including the Police
Quality Council, the Handgun Selection Committee and the
Minority/Female Recruitment Team; and
WHEREAS, Lieutenant Polk is recognized for his excellent
communications and human -relations skills, his
professionalism, teamwork and strong work ethic, all of which
he has utilized within the Police Department and in assisting
residents of Chesterfield County; and
WHEREAS, Lieutenant Polk has received numerous letters
of commendation, thanks and appreciation for services
rendered; and
WHEREAS, Lieutenant Polk has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Lieutenant Polk's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Lieutenant Phillip A.
Polk and extends on behalf of its members and the residents
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.l.c. RECOGNIZING "WELCOME HOME VIETNAM VETERANS DAY" IN
CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, our nation's Vietnam War commemoration provides
the opportunity for all Americans to recognize, honor and
thank our Vietnam veterans and their families for their
service and sacrifices during the Vietnam War from November
1, 1955 through May 15, 1975; and
WHEREAS, more than 9,000 organizations across America
have joined with the Department of Defense as Commemorative
Partners to honor our nation's Vietnam veterans, including
the Bermuda Hundred Chapter of the National Society of
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9
Daughters of the American Revolution, based in Chesterfield
County; and
WHEREAS, the commemoration includes 9 million Americans,
with approximately 7.2 million still living today, and makes
no distinction between those who served in -country, in -
theater, or were stationed elsewhere during those 20 years,
as they all answered the call of duty; and
WHEREAS, Veteran's Affairs Secretary Robert A. McDonald
has designated March 29, the last day the troops were on the
ground in Vietnam, as a day to honor those who have "borne
the battle," and to extend gratitude and appreciation to them
and their families.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes March 29, as
"Welcome Home Vietnam Veteran's Day" in Chesterfield County
and calls for the remembrance of this commemorative
historical date.
AND, BE IT FURTHER RESOLVED that the Board encourages
all citizens to pause and offer an unqualified "thank you" to
the men and women whose courage and commitment made the world
a safer place for freedom -loving people everywhere.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.2. APPROVAL OF RENAMING KELLY GREEN TRAIL TO SEAN MILES
alul
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved the renaming of Kelly Green Trail to Sean Miles Run.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.3. AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT AND
CHANGE ORDERS FOR THE NEWBYS BRIDGE (HAGOOD LANE TO
BELMONT ROAD) RECONSTRUCTION PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the award of a construction contract up to
$2,700,000, to the lowest responsive and responsible bidder
and authorized the Director of Purchasing to execute all
necessary change orders, up to the full amount budgeted for
the Newbys Bridge (Hagood Lane to Belmont Road)
Reconstruction Project.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9.C.4. ACCEPTANCE OF PARCELS OF LAND
9.C.4.a. ALONG IRONBRIDGE ROAD FROM 5941 WILLOWBRANCH DR,
LLC
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.027
acres along Ironbridge Road from 5941 Willowbranch Dr, LLC,
and authorized the County Administrator to execute the deed.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.4.b.
ADJACENT TO LONAS PARKWAY FROM REBKEE PARTNERS
LONAS, LLC
On motion of Ms. Jaeckle, seconded by Mr. Winslow,, the Board
accepted the conveyance of a parcel of land containing 0.029
acres adjacent to Lonas Parkway from Rebkee Partners Lonas,
LLC, and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.5. APPROVAL OF CHANGE ORDER NUMBER THREE FOR THE
CHESDIN WEST AND RIVER ROAD PUMP STATION
IMPROVEMENTS PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Change Order Number Three for County Project #14-
0006, Chesdin West and River Road Pump Station improvements
in the amount of $150,550, and authorized the Director of
Purchasing to execute the necessary documents.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.6. REQUESTS TO QUITCLAIM
9.C.6.b. A VARIABLE WIDTH TEMPORARY REDUCED IMPERVIOUSNESS
9
BEST MANAGEMENT PRACTICES EASEMENT ACROSS THE
PROPERTY OF BETHEL BAPTIST CHURCH
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width temporary reduced imperviousness best
management practices easements across the property of Bethel
Baptist Church. (It is noted a copy of the plat is filed with 1141
the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9.C.7. APPROVAL OF LEASE WITH CHESTERFIELD BAPTIST CHURCH TO
PROVIDE SENIOR CITIZEN PROGRAMS
In response to Mr. Holland's question, Mr. Innis stated the
lease was changed from two years to one year at the request
of Chesterfield Baptist Church.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
authorized the County Administrator to enter into a lease
agreement with Chesterfield Baptist Church to provide senior
citizen programs.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.8. REQUESTS FOR PERMISSION
9.C.8.a. FROM COLLINGTON PROPERTIES, INCORPORATED FOR A
PROPOSED PRIVATE MULCH PEDESTRIAN ACCESS PATH TO
ENCROACH WITHIN A PROPOSED SIXTEEN -FOOT DRAINAGE
EASEMENT AND A PROPOSED SIXTEEN -FOOT SEWER
EASEMENT ACROSS PROPOSED LOTS 34 AND 35,
COLLINGTON, SECTION 12
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted Collington Properties, Inc. permission for a proposed
private mulch pedestrian access path to encroach within a
proposed 16 -foot drainage easement and a proposed 16 -foot
sewer easement across proposed Lots 34 and 35, Collington,
Section 12, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.8.b. FROM EILEEN E. GANNON FOR A PROPOSED BOAT DOCK TO
ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted Eileen E. Gannon permission for a proposed boat dock
to encroach in the impoundment easement for Swift Creek
Reservoir, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9.C.8.c. FROM LEON ALLAN SANDERSON TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON RIVER ROAD
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
granted Leon Allan Sanderson permission to install a private
sewer service within a private easement to serve property at
5610 River Road and authorized the County Administrator to
execute the sewer connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
IJ
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9.C.9. STATE ROAD ACCEPTANCES AND ABANDONMENT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Wexley at Foxcreek Section 2A
Tv -De Chancre to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: 533.2-705
Street Name and/or Route Number
• Buglers Trail Lane, State Route Number 7571
From: 0.04 miles south of Arnica Terrace, (Route 7522)
To: Firefly Circle, (Route 7872), a distance of: 0.04
miles.
Recordation Reference: Plat Book 216, Page 78
Right of Way width (feet) = 44
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• Arnica Terrace, State Route Number 7522
From: 0.01 miles southeast of Buglers Trail Lane, (Route
7517)
To: Cul -de -Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 216, Page 78
Right of Way width (feet) = 44
• Firefly Circle, State Route Number 7872
From: Buglers Trail Lane, (Route 7517)
To: Cul -de -Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 216, Page 78
Right of Way width (feet) = 44
• Buglers Trail Lane, State Route Number 7571
From: Firefly Circle, (Route 7872)
To: 0.03 miles south of Firefly Circle, (Route 7872), a
distance of: 0.03 miles.
Recordation Reference: Plat Book 216, Page 78
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board -the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Wexley at Foxcreek Section 3A
Type Change to the Secondary System miles of State HiQhways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Ravenschase Way, State Route Number 7873
From: Buglers Trail Lane, (Route 7517)
To: End of Maintenance, a distance of: 0.03 miles.
Recordation Reference: Plat Book 216, Page 76
Right of Way width (feet) = 44
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• Buglers Trail Lane, State Route Number 7517
From: 0.04 miles south of Orchard Tavern Place, (Route 7518)
To: Ravenschase Way, (Route 7873), a distance of: 0.03
miles.
Recordation Reference: Plat Book 216, Page 76
Right of Way width (feet) = 44
• Ravenschase Way, State Route Number 7873
From: Buglers Trail Lane, (Route 7517)
To: Cul -de -Sac, a distance of: 0.11 miles.
Recordation Reference: Plat Book 216, Page 76
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Centerpointe Crossing Section 1
TvDe Chanqe to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: 533.2-705
Street Name and/or Route Number
• Fernview Trail, State Route Number 7876
From: Beaver Brook Road, (Route 7875)
To: End of Maintenance, a distance of: 0.03 miles.
Recordation Reference: Plat Book 220, Page 97
Right of Way width (feet) = 50
• Beaver Brook Road, State Route Number 7875
From: Tomahawk Creek Road, (Route 7874)
To: Fernview Trail, (Route 7876), a distance of: 0.10
miles.
Recordation Reference: Plat Book 220, Page 97
Right of Way width (feet) = 50
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• Beaver Brook Road, State Route Number 7875
From: Fernview Trail, (Route 7876)
To: End of Maintenance, a distance of: 0.02 miles.
Recordation Reference: Plat Book 220, Page 97
Right of Way width (feet) = 50
• Tomahawk Creek Road, State Route Number 7874
From: Beaver Brook Road, (Route 7875)
To: Cul -de -Sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 220, Page 97
Right of Way width (feet) = 50
• Tomahawk Creek Road, State Route Number 7874
From: Center Pointe Parkway, (Route 6040)
To: Beaver Brook Road, (Route 7875), a distance of: 0.18
miles.
Recordation Reference: Plat Book 220, Page 97
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, a sketch has been provided to the Board of
Supervisors by the Virginia Department of Transportation
which depicts changes required in the Secondary System of
State Highways as a result of the relocation of West
Winterfield Road, State Route 7268, which sketch is
incorporated herein by reference; and
WHEREAS, the portions of West Winterfield Road, State
Route 7268, and Winterfield Road, State Route 714, identified
to be abandoned no longer serve a public need; and
WHEREAS, West Winterfield Road has been relocated and
serves the same citizens as the portions of West Winterfield
Road, State Route 7268, and Winterfield Road, State Route
714, identified to be abandoned.
NOW, THEREFORE, BE IT RESOLVED the Board of Supervisors
hereby requests the Virginia Department of Transportation
abandon as part of the Secondary System of State Highways the
portion of West Winterfield Road, State Route 7268,
identified as Segment B - C, a distance of 0.04 miles, and
the portion of Winterfield Road, State Route 714, identified
as Segment E - A, a distance of 0.01 miles as shown on the
attached sketch pursuant to Section 33.2-912, Code of
Virginia.
AND, BE IT FURTHER RESOLVED the Board of Supervisors
hereby requests the Virginia Department of Transportation to
accept as part of the Secondary System of State Highways the
portion of Winterfield Road, identified as Segment A - B, a
distance of 0.18 miles as shown on the attached sketch and
described on Form AM -4.3, pursuant to Section 33.2-705, Code
of Virginia.
AND, BE IT FURTHER RESOLVED, the Board of Supervisors
hereby requests the Virginia Department of Transportation to
rename and renumber the portion of West Winterfield Road,
State Route 7628, identified as Segment B - D, a distance of
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0. 19 miles, to Winterfield Road, State Route 714, and rename
and renumber the portion of Winterfield Road, State Route
714, identified as Segment D - E, a distance of 0.40 miles,
to Winterfield Place, State Route 7854.
AND, BE IT FURTHER RESOLVED the Board of Supervisors
hereby requests the Commissioner of Highways certify, in
writing, that the portions of West Winterfield Road and
Winterfield Road requested to be abandoned are no longer
deemed necessary for uses of the Secondary System of State
Highways pursuant to Section 33.2-913, Code of Virginia.
AND, BE IT FURTHER RESOLVED that a certified copy of
this resolution be forwarded to Permits Manager at 3301
Speeks Drive, Midlothian, VA 23112 for the Virginia
Department of Transportation.
Project/Subdivision: Michaux Village Phase I - Winterfield
Road Relocation
Type Change to the Secondary System miles of State Highways:
Abandonment
Reason for Change: Abandonment, Developer Project Related
Pursuant to Code of Virginia Statute: §33.2-912
Street Name and/or Route Number
•West Winterfield Road,
Old Route Number: 7268
From: Rigney Drive, (Route
To: Cul -de -Sac, a distance
State Route Number 7268
7269)
of: 0.04 miles.
Project/Subdivision: Michaux Village Phase I - Winterfield
Road Relocation
Type Change to the Secondary System miles of State Highways
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Winterfield Road, State Route
Old Route Number: 7268
From: Rigney Drive, (Route 7269)
To: 0.04 miles south from Rigney
distance of: 0.04 miles.
Recordation Reference: Plat Book
Right of Way width (feet)_= 70
Number 714
Drive, (Route 7269), a
230, Page 36
Winterfield Road, State Route Number 714
Old Route Number: 7268
From: 0.04 miles south of Rigney Drive, (Route 7269)
To: Winterfield Road, (Route 714), a distance of: 0.14
miles.
Recordation Reference: Plat Book 233, Page 8
Right of Way width (feet) = 70
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9
9
9.C.10. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE
DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT TO PURCHASE AND INSTALL A
SCOREBOARD AT IRONBRIDGE PARK
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
transferred $3,861 from the Dale District Improvement Fund to
the Parks and Recreation Department to purchase and install a
scoreboard on Field 413 at Ironbridge Park.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
10. REPORTS
10.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. Holland, seconded by Ms. Haley, the Board
accepted the following report: a Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
Rivers Bend Business Center
(Effective 2/25/2016)
LENGTH
North Kingston Ave (Route 4841) - From 0.19
miles East (Route 618) to 0.68 miles east Route
618 0.59 miles
Rivers Bend Business Center, PhII
(Effective 2/25/2016)
Algrove Way (Route 4799) - From Intersection
with Route 4841 to 0.35 miles west
Intersection with Route 4841 0.35 miles
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
11. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Rodney Martin expressed concerns relative to a FOIA
request regarding the bidding process for renovations at
Providence Middle School.
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12. DINNER
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to recess to Room 502 for dinner.
Mr. Holland commended Mr. Jesse Smith for his tremendous
efforts relative to Transportation initiatives.
Mr. Elswick called for a vote on the motion made by Ms.
Jaeckle, seconded by Mr. Holland, for the Board to recess to
Room 502 for dinner.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
13. INVOCATION/MOMENT OF SILENCE
The Honorable Christopher Winslow, Clover Hill District
Supervisor gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Lawrence Haake, Registrar, led the Pledge of Allegiance
to the Flag of the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING THE 2016 MONACAN HIGH SCHOOL BOYS
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BASKETBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Innis introduced members of the 2016 Monacan High School
Boys Basketball Team, who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. RJ Spelsberg, completed his second season
as head coach of the Monacan High School Varsity Boys
Basketball Team and was named Conference 20 Coach of the Year
and State 4A Coach of the Year; and
WHEREAS, under Coach Spelsberg's guidance and direction,
along with his staff, the 2016 Monacan Chiefs finished the
season with an overall record of 21-9; and
WHEREAS, the Monacan Chiefs were Conference 20
Champions; and
WHEREAS, the Monacan Chiefs were the 2016 VHSL 4A State
Champions; and
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WHEREAS, the team members include Rashard Blathers,
Darian Peterson, George Ross, Gregory Parham, Wallace
Washington, Nick Parks, Herman Jackson, Kwame Asiedu, Kenard
Robinson, Ryan Hammond, Garrett Oguich, Myles Loving, Trejvon
McFall, Elijah Bradley, Austin Hammond and Syour Fludd.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 13th day of April 2016,
publicly recognizes the 2016 Monacan High School Boys Varsity
Basketball Team for its outstanding representation of
Chesterfield County, commends the team on its commitment to
excellence and sportsmanship and expresses best wishes for
continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the 2016 Monacan Boys Varsity
Basketball Team and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Winslow presented executed resolutions to the coaching
staff and members of the varsity basketball team, commended
them on their representation of the county and congratulated
them on their tremendous success.
Coach Spelsberg expressed appreciation to the Board for the
special recognition and highly praised his team members for
their hard work ethics and commitment to excellence.
Each team member shared their thoughts relative to their
favorite game.
15.B. RECOGNIZING THE 2016 MONACAN HIGH SCHOOL GIRLS
BASKETBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Innis introduced members of the 2016 Monacan High School
Girls Basketball Team, who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's education,
physical and emotional development for students; and
WHEREAS, Mr. Larry Starr, coach of the Monacan High
School Varsity Girls Basketball Team completed his 11th year
of coaching and has compiled a career record of 223 wins and
67 losses and two consecutive VHSL State 4A Championships;
and
WHEREAS, under Mr. Starr's guidance and direction, along
with his staff, the 2016 Monacan Lady Chiefs finished the
season with an overall record of 29-1; and
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WHEREAS, the Monacan Lady Chiefs were Conference 20
Champions; and
WHEREAS, the Monacan Lady Chiefs were Region 4A Region
Champions; and
WHEREAS, the Monacan Lady Chiefs were the VHSL 4A State
Champions; and
WHEREAS, the team members include Jasmine Norman,
Brittany Gordon, Jaiden Morris, Shalonda Wilkins, Jalyn
Tillerson, Abby Oguich, Alex Parson, Melanie Stender, Melanie
Hopkins, Ajah Alexander, Haley Eiser, Lindsay Estes, Jadesia
Fludd, Chenice Lewis and 2nd Team Naismith All American and
Gatorade Player of the Year Megan Walker.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 13th day of April 2016,
publicly recognizes the 2016 Monacan Girls Varsity Basketball
Team for its outstanding representation of Chesterfield
County, commend the 2016 Monacan High School Girls Varsity
Basketball Team for its commitment to excellence and
sportsmanship and expresses best wishes for continued
success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the 2016 Monacan Girls Varsity
Basketball Team and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Winslow presented executed resolutions to the coaching
staff and members of the varsity basketball team, commended
them on their representation of the county and congratulated
them on their tremendous success.
Coach Starr expressed appreciation to the Board for the
special recognition and highly praised his team members for
their hard work ethics and commitment to excellence.
Each team member shared their thoughts relative to their
favorite game.
15.C. RECOGNIZING THE 2016 COSBY HIGH SCHOOL GIRLS
BASKETBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Innis introduced members of the 2016 Cosby High School
Girls Basketball Team, who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
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WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's education,
physical and emotional development for students; and
WHEREAS, Ms. Rachel Mead, coach of the Cosby High School
Varsity Girls Basketball Team, completed her tenth year of
coaching with a 229-45 career record and has been named
Conference 3 and State 6A Coach of the Year for the past
three years; and
WHEREAS, under the guidance and direction of Ms. Mead
and her staff, the 2016 Cosby Lady Titans finished the
season with a 23-5 record; and
WHEREAS, the Cosby Lady Titans were the Conference 3
Champions; and
WHEREAS, the Cosby Lady Titans were the 2016 VHSL 6A
State Champions; and
WHEREAS, the team members include Samia Davis, Nia
Covington, Jasmine Wilson, Marissa Gallagher, Bailey Hodges,
Raven Oten, Abby Birchmeier, Charme Lilly, Jade Wilson,
Celestria Hill, Mia Puletti, Conner Waldrop, Alexia Inge,
Trinity Jackson, Madelynn Dillingham, Tyra Whitehead and two-
time State Player of the Year Jocelyn Jones.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 13th day of April 2016,
publicly recognizes the 2016 Cosby High School Varsity Girls
Basketball Team for its outstanding representation of
Chesterfield County, commends the team on its commitment to
excellence and sportsmanship and expresses best wishes for
continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the 2016 Cosby Girls Basketball
Team and that this resolution be permanently recorded among
the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick presented executed resolutions to the coaching
staff and members of the varsity basketball team, commended
them on their representation of the county and congratulated
them on their tremendous success.
Dr. Brenda Mayo, Principal of Cosby High School, stated the
young ladies on the team are outstanding students and
represent the high school proudly.
Coach Mead expressed appreciation to the Board for the
special recognition and highly praised her team members for
their hard work ethics and commitment to excellence.
Each team member shared their thoughts relative to their
favorite game.
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15.D. RECOGNIZING THE VIRGINIA STATE UNIVERSITY 2016 MEN'S
BASKETBALL TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
Ms. Bailey introduced members of the Virginia State
University 2016 Men's Basketball Team, who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Virginia State University's (VSU) Men's
Basketball Team is comprised of talented student -athletes who
serve as positive role models for sportsmanship and excel in
academics; and
WHEREAS, the VSU Men's Basketball Team secured the 2016
Central Intercollegiate Athletic Association (CIAA) Northern
Division Title and won the Championship Title in Charlotte,
North Carolina when they defeated Livingstone College 89-79;
and
WHEREAS, the team advanced as the No. 6 seed into Round
Two of the National Collegiate Athletic Association (NCAA)
Division II Atlantic Region Basketball Tournament Playoffs;
and
WHEREAS, Virginia State University is one of 27 NCAA
Division II member schools honored as part of the NCAA
President's Award for Academic Excellence program for
achieving four-year Academic Success Rates of 90 percent or
IJ
higher; and
WHEREAS, the VSU Athletics program scored 93, tied for
sixth place among 300 institutions that competed in the NCAA
Division II and was the only CIAA school recognized with the
President's Award; and
WHEREAS, the team's outstanding season was a result of
its members' hard work, commitment and staying focused; and
WHEREAS, in addition to athletic and academic success,
members of the team served as shining examples of VSU's
commitment to service by delivering Thanksgiving dinners,
distributing canned goods to local food banks and reading to
young students at elementary schools; and
WHEREAS, the university's faculty and staff, alumni,
friends and community residents diligently supported the
team; and
WHEREAS, Head Coach Lonnie Blow is to be congratulated
for being named CIAA Coach of the Year for his undying
dedication to excellence, basketball and guidance to the
students at Virginia State University; and
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WHEREAS, Coach Lonnie Blow and his assistants Drew
Williamson and Montel Jones are to be commended for their
hard work, commitment and strong leadership of VSU's Men's
Basketball Team; and
WHEREAS, the elite team members include Waymond Wright,
Kevin Williams, Ken Pankey, Javon Moore, Cyonte Melvin,
Walter Williams, Tyler Peterson, Elijah Moore, Melvin
Gregory, Brice Rowe, Amiel Terry, Te'Quan Alers, Marcus
James, Joseph Bradshaw and Louis Flowers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 13th day of April 2016,
publicly commends the 2016 Virginia State University Men's
Basketball Team for its commitment to excellence and
sportsmanship and expresses their best wishes for continued
success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Virginia State University's Men's
Basketball Team and this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick and Mr. Holland presented executed resolutions to
the coaching staff and members of the varsity basketball
team, commended them on their representation of the county
and congratulated them on their tremendous success.
Dr. Makola Abdullah, President of Virginia State University,
stated the young men on the team are outstanding students and
represent the community and university proudly.
Coach Blow expressed appreciation to the Board for the
special recognition and highly praised the team members for
their hard work ethics and commitment to excellence.
Each team member shared their thoughts relative to their
favorite game.
16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AN ORDINANCE DIVIDING BIRD VOTING
PRECINCT IN DALE MAGISTERIAL DISTRICT INTO TWO
PRECINCTS AND BEACH VOTING PRECINCT IN MATOACA
MAGISTERIAL DISTRICT INTO TWO PRECINCTS
Mr. Mincks stated this date and time has been advertised for
the Board to consider an ordinance dividing Bird Voting
Precinct in Dale Magisterial District into two precincts and
Beach Voting Precinct in Matoaca Magisterial District into
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two precincts. He further stated the redrawing of Virginia's
Congressional Districts, which was required by recent federal
court rulings, has resulted in two Chesterfield County voting
precincts being split by new congressional district
boundaries. He stated in order to prevent multiple
congressional elections from being held in the same voting
precinct, which can cause voter confusion, the Registrar is
proposing to divide each of the two affected voting precincts
along the same boundary line that is now established for the
new congressional district.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
In response to Mr. Elswick's question, Mr. Haake stated well -
marked spaces in each polling building will identify the
polling places for the respective precincts, in order to
avoid confusion. He further stated notification will be
mailed by the end of April to all voters in their respective
precincts.
In response to Mr. Holland's questions, Mr. Haake stated a
new voter card will be mailed to each voter and the same ID
requirements will prevail. He further stated the impact of
the new congressional lines will be in effect for the June
14th primary. He stated the GIS Department is ready to post
new maps, along with a public notice that will run in area
newspapers.
In response to Mr. Elswick's question, Mr. Haake stated
mailings will indicate to the voter of important information
inside the envelope.
Mr. Winslow requested notification on all magisterial
district newsletters in regards to the change in voting
precincts.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 7-3 RELATING TO
PRECINCT BOUNDARIES AND POLLING PLACES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 7-3 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
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Fl�
9
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Bird Voting Precinct (203):
Beginning at the point where the center line of Iron
Bridge Road (State Route 10) intersects the center line of
Whitepine Road (State Route 701); thence southwardly along
the center line of Iron Bridge Road to its intersection with
Courthouse Road (State Route 2099); thence eastwardly along
the center line of Courthouse Road to its intersection with
Krause Road (State Route 903); thence southwardly along the
center line of Krause Road to its intersection with a creek
known as Great Branch; thence eastwardly along the center
line of Great Branch to its intersection with Salem Church
Road (State Route 642); thence northwardly along the center
line of Salem Church Road to its intersection with
Bellmeadows Road (State Route 1918); thence westwardly along
the center line of Bellmeadows Road to its intersection with
Windingrun Lane (State Route 1919); thence northwardly along
the center line of Windingrun Lane to its intersection with
Retriever Road (State Route (2022); thence westwardly along
the center line of Retriever Road to its intersection with
Watchaven Lane (State Route 2022); thence southwardly along
the center line of Watchaven Lane to its intersection with
Huntingcreek Drive (State Route 1913); thence northwestwardly
along the center line of Huntingcreek Drive to its
intersection with Whitepine Road (State Route 701); thence
westwardly along the center line of Whitepine Road to its
intersection with Iron Bridge Road; thence northwardly along
the center line of Iron Bridge Road to its intersection with
Kingsland Creek, the point and place of beginning.
The voting place for Bird Voting Precinct shall be Bird
High School, 10301 Courthouse Road.
North Bird Voting Precinct (215):
Beginning at the point where the center line of Iron
Bridge Road (State Route 10) intersects, the center line of
Kingsland Creek; thence eastwardly along the center line of
Kingsland Creek to its intersection with Beulah Road (State
Route 641); thence southwestwardly along the center line of
Beulah Road (State Route 641) to its intersection with Salem
Church Road (State Route 642); thence southwardly along the
center line of Salem Church Road (State Route 642) to its
intersection with Bellmeadows Road (State Route 1918); thence
westwardly along the center line of Bellmeadows Road to its
intersection with Windingrun Lane (State Route 1919); thence
northwardly along the center line of Windingrun Lane to its
intersection with Retriever Road (State Route (2022); thence
westwardly along the center line of Retriever Road to its
intersection with Watchaven Lane (State Route 2022); thence
southwardly along the center line of Watchaven Lane to its
intersection with Huntingcreek Drive (State Route 1913);
thence northwestwardly along the center line of Huntingcreek
Drive to its intersection with Whitepine Road (State Route
701); thence westwardly along the center line of Whitepine
Road to its intersection with Iron Bridge Road; thence
northwardly along the center line of Iron Bridge Road to its
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intersection with Kingsland Creek, the point and place of
beginning.
The voting place for North Bird Voting Precinct shall be
Bird High School, 10301 Courthouse Road.
0 0 0
Beach Voting Precinct (305):
Beginning at the point where the center line of Nash Road
(State Route 655) intersects the center line of Woodpecker
Road (State Route 626); thence southwardly along the center
line of Nash Road (State Route 636) to its intersection with
a creek known as Second Branch; thence westward along the
center line of Second Branch as it meanders to its
intersection with Second Branch Road (State Route 653);
thence northwardly along the center line of Second Branch
Road (State Route 653) to its intersection with Beach Road
(State Route 655); thence eastwardly along the center line of
Beach Road to its intersection with Qualla Road (State Route
653); thence northwardly along the center line of Qualla Road
(State Route 653) to its intersection with Swift Creek;
thence meandering eastwardly along the center line of Swift
Creek to its intersection with the eastern boundary line of
Pocahontas State Park thence southward along the eastern
boundary line of Pocahontas State Park to its intersection
with Woodpecker Road; then eastward along the center line of
Woodpecker Road to its intersection with Nash Road, the point
and place of beginning.
The voting place for Beach Voting Precinct shall be Second
Branch Baptist Church, 12217 Second Branch Road.
West Beach Voting Precinct (318):
Beginning at the point where the center line of Second
Branch Road (State Route 653) intersects with the center line
of Beach Road (State Route 655); thence westwardly along the
center line of Beach Road to its intersection with West
Hensley Road; thence, northeastwardly along the center line of
West Hensley Road to its intersection with Springford
Parkway; thence northeastwardly along the center line of
Springford Parkway to its intersection with Brandycrest
Drive; thence southwardly along the center line of
Brandycrest Drive to its intersection with Mountcastle Road;
thence eastwardly along the center line of Mountcastle Road
to its intersection with Brandy Oaks Boulevard; thence
southwardly along the center line of Brandy Oaks Boulevard to
its intersection with Brandy Wood Road; thence eastwardly
along the center line of Brandy Wood Road to its intersection
with the northwest boundary of Census Block 510411010101014;
thence northeastwardly along said boundary to its
intersection with Derryveach Drive; thence northeastwardly
along the center line of Derryveach Drive to its intersection
with Donegal Drive; thence northeastwardly along the center
line of Donegal Drive to its intersection with the eastern
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boundary of Census Block 510411010101014; thence along said
boundary to its intersection with the northwest boundary of
Census Block 510411010101019; thence northeastwardly along
said boundary to its intersection with Thoreau Drive; thence
northeastwardly along the center line of Thoreau to its
intersection with the center line of Trailwood Drive; thence
southwardly along the center line of Trailwood Drive to its
intersection with Qualla Road (State Route 653); thence
southwardly along the center line of Qualla Road (State Route
653) to its intersection with Beach Road (State Route 655);
thence westwardly along the center line of Beach Road to its
intersection with Second Branch Road (State Route 653), the
point and place of beginning.
The voting place for West Beach Voting Precinct shall be
Second Branch Baptist Church, 12217 Second Branch Road.
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17.B. TO CONSIDER ADOPTION OF A RESOLUTION GRANTING FINAL
AUTHORIZATION OF THE ISSUANCE OF VIRGINIA RESOURCES
AUTHORITY SPECIAL REVENUE BONDS NOT TO EXCEED
$24,000,000
Mr. Carmody stated this date and time has been advertised for
the Board to consider adoption of a resolution granting final
authorization of the issuance of not to exceed $24,000,000 of
k6w Virginia Resources Authority (VRA) Special Fund. Revenue Bonds
and to sell the bonds to the Virginia Resources Authority for
the purpose of providing funds to the county for the advance
refunding of various outstanding issuances of Certificates of
Participation and closing costs and the financing of a
portion of the costs of construction and renovation of the
Smith Wagner building.
In response to Mr. Holland's questions, Mr. Carmody stated
the sale date of the VRA transaction is projected for late
May 2016. He further stated savings will result in debt
service savings for the county averaging a projected $140,000
annually over the next twelve years.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following ordinance:
RESOLUTION GRANTING FINAL AUTHORIZATION
OF THE ISSUANCE OF NOT TO EXCEED
$24,000,000 PRINCIPAL AMOUNT OF COUNTY
PROJECTS VRA SPECIAL FUND REVENUE BONDS,
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SERIES 2016 (THE "BONDS") OF THE COUNTY
OF CHESTERFIELD, VIRGINIA, TO BE SOLD TO
THE VIRGINIA RESOURCES AUTHORITY.
WHEREAS, the Board of Supervisors (the "Board") of the
County of Chesterfield, Virginia (the "County"), has
determined that it is necessary and expedient to issue its
County Projects VRA Special Fund Revenue Bonds, Series 2016
(the "Bonds") and to sell the Bonds to the Virginia Resources
Authority ("VRA") for the purpose of providing funds to the
County for the financing of the costs of certain capital
improvements for the County, including, without limitation,
construction and renovation to a health and social services
building of the County (the "Project"), and, acting upon the
advice of the County's Financial Advisor, for the purpose of
providing debt service savings for the County through the
refunding of all or a portion of the County's outstanding
Certificates of Participation, Series 2003B issued on March
26, 2003, Series 2005B issued on May 11, 2005, Series 2006B
issued on May 10, 2006 and Series 2007 issued on August 29,
2007 (collectively, the "Obligations to be Refunded"); and
WHEREAS, in connection with the sale of the Bonds to the
VRA, the County and the VRA intend to enter into a Local Bond
Sale and Financing Agreement (the "Financing Agreement")
pursuant to which the VRA will agree to apply a portion of
the proceeds of the sale of the Virginia Resources Authority
Infrastructure and State Moral Obligation Revenue Bonds
(Virginia Pooled Financing Program), Series 2016A (the "VRA
Bonds") to the purchase of the Bonds from the County, and to
make available to the County a portion of the proceeds of the
sale of the VRA Bonds for application to the payment of the
costs of the Project and the refunding of the Obligations to
be Refunded; and
WHEREAS, pursuant to the Financing Agreement, the County
will set forth the amount of VRA Bond proceeds requested in
an amount equal to $7,750,000 for the Project and an amount
sufficient to refund all or a portion of the Obligations to
be Refunded, plus costs of issuance, or such other amount
requested by the County and approved by the VRA (the
"Proceeds Requested"), and the par amount necessary to
generate the Proceeds Requested shall not exceed an aggregate
principal amount of $24,000,000; and
WHEREAS, pursuant to the Financing Agreement, the VRA
will agree to pay to the County a purchase price for the
Bonds which, in the VRA's judgment, reflects the Bonds'
market value (the "VRA Purchase Price Objective"), taking
into consideration such factors as maximum authorized
principal amount of the Bonds, the purchase price to be
received by the VRA for the VRA Bonds and other market
conditions relating to the sale of the VRA's Bonds; and
WHEREAS, the VRA's determination of the VRA Purchase
Price Objective may result in the Bonds having a purchase
price other than par and consequently (i) the County may have
to issue a principal amount of Bonds that is greater than or
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less than the Proceeds Requested in order to receive an
amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized
principal amount of the Bonds set forth in Section 1 below
does not exceed the Proceeds Requested by at least the amount
of any discount, the purchase price to be paid to the County,
given the VRA Purchase Price Objective and market conditions,
will be less than the Proceeds Requested; and
WHEREAS, the Bonds shall constitute a limited obligation
of the County to make payments thereunder subject to, and
solely conditioned upon, an appropriation being made by the
Board in each fiscal year in which the Bonds are outstanding
to pay amounts coming due with respect to principal of and
interest on the Bonds for such fiscal year; and
WHEREAS, pursuant to the Financing Agreement, the County
will agree to establish a special fund within the County's
General Fund to be designated the County Projects VRA Special
Fund (the "VRA Special Fund") into which special fund all
monies appropriated by the County for the payment of amounts
due under the Financing Agreement with respect to the Bonds
shall be deposited; and
WHEREAS, the Bonds shall not constitute a debt of, or a
pledge of the faith and credit of, the County, and shall be
payable solely from funds on deposit in the VRA Special Fund
from appropriations, if any, made by the County in each
fiscal year to pay amounts coming due under the Financing
Agreement with respect to the Bonds for such fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
Authorization of Bonds and Use of Proceeds. The Board
hereby determines that it is advisable to enter into the
Financing Agreement with the VRA and, subject to Section 2
hereof, hereby determines to issue and sell the Bonds in an
aggregate principal amount not to exceed $24,000,000 to the
VRA on the terms and conditions specified herein and in the
Financing Agreement for the purpose of financing the costs of
the Project and, acting upon the advice of the County's
Financial Advisor, for the purpose of refunding all or a
portion of the Obligations to be Refunded, and paying costs
of issuance with respect to the Bonds. Subject to Section 2
hereof, the Board hereby authorizes the issuance and sale of
the Bonds to the VRA upon the terms established pursuant to
this Resolution.
Sale of the Bonds. It is determined to be in the best
interest of the County to accept the offer of the VRA to
purchase from the County, and to sell to the VRA, the Bonds
at a price acceptable to the Chairman of the Board, the
County Administrator, or either of them, and such other
officer or officers of the County as either may designate
(each an "Authorized Officer") and determined by the VRA
pursuant to the VRA Purchase Price Objectives to be fair and
that is substantially equal to the Proceeds Requested, except
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that the Bonds may be sold for a purchase price not lower
than 9506 of the Proceeds Requested if issuing the Bonds in
the maximum principal amount authorized by Section 1 of this
Resolution is insufficient, given the VRA Purchase Price
Objective and market conditions, to generate an amount of
proceeds substantially equal to the Proceeds Requested. Any
Authorized Officer of the County is hereby authorized and
directed to enter into the Financing Agreement providing for
the sale of the Bonds to the VRA in substantially the form
thereof submitted to the Board at this meeting, which form is
hereby approved, with such changes as shall be approved by
the County acting with the advice of the County Attorney and
Bond Counsel, such approval to be conclusively evidenced by
the execution and delivery of the Financing Agreement by an
Authorized Officer of the County.
Details of the Bonds; Form of the Bonds; Execution of
the Bonds. The Bonds shall be dated the date of issuance and
delivery of the Bonds; shall be designated "County Projects
VRA Special Fund Revenue Bonds, Series 2016"; and shall bear
interest from the date of delivery thereof. The County
Administrator is hereby authorized and directed to accept the
interest rates on the Bonds established by the VRA pursuant
to the Financing Agreement; provided that the true interest
cost of the Bonds does not exceed five percent (5.00%) per
annum (exclusive of "Supplemental Interest" as provided in
the Financing Agreement). The payment schedule with respect
to the Bonds shall be as set forth in the Financing
Agreement. The Bonds shall mature no later than December 31,
2037. The execution and delivery of the Bonds by the County
shall conclusively evidence the acceptance by the County of
the interest rates and payment schedule with respect to the
Bonds as authorized by this Resolution. The Bonds shall be
subject to prepayment as provided in the Financing Agreement;
provided that the prepayment price shall not exceed 103% of
the principal amount thereof, plus accrued interest to the
prepayment date. The Bonds shall be issued in typewritten
form and shall be substantially in the form attached to the
Financing Agreement. The Chairman or Vice Chairman and the
Clerk or any Deputy Clerk of the Board are authorized and
directed to execute, with their manual signatures or
facsimiles thereof, and deliver the Bonds and to affix the
seal of the County thereto or imprint a facsimile of the seal
of the County thereon.
Payment; Paying Agent. The Bonds shall be payable in
the amounts and at the times set forth therein and in the
Financing Agreement. The County Treasurer is hereby
appointed to serve as paying agent for the Bonds. If deemed
in the best interests of the County, the County may at any
time appoint a qualified bank or trust company to serve as
paying agent with respect to the Bonds.
Bonds Shall Not Constitute a Debt of the County; Faith
and Credit of the County Shall Not be Pledged to the Bonds;
Limited Obligation of the County, Subject to Appropriation.
The Bonds shall not constitute a debt of the County. Neither
the faith and credit nor the taxing power of the County shall
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be pledged to the payment of the Bonds. The Bonds shall
constitute a limited obligation of the County, payable solely
from, and contingent upon, funds, if any, on deposit in the
VRA Special Fund established by the County from the annual
appropriation, if any, made by the County in each fiscal year
for payment of amounts coming due with respect to the Bonds
in such fiscal year. Nothing in this Resolution, the
Financing Agreement or the Bonds shall constitute a pledge of
the faith and credit nor the taxing power of the County nor
compel the Board to make any appropriations for the payments
of amounts due with respect to the Bonds and the Financing
Agreement. The Board hereby recognizes that, although the
Board is not empowered to make any binding commitment beyond
the current fiscal year, it is the Board's current intention
to make sufficient annual appropriations during the term of
the Bonds and the Financing Agreement for deposit to the VRA
Special Fund to be applied to the payment of amounts due with
respect to the Bonds. The Board hereby directs the County
Administrator, during the term of the Bonds and the Financing
Agreement, to include as a separate line item in each annual
budget of revenues and disbursements presented to the Board
an item designated as "VRA Special Fund Payments" in an
amount sufficient, in the judgment of the County
Administrator, to make all payments coming due from the
County with respect to the Bonds and the Financing Agreement
during such fiscal year.
State Aid Intercept. The County acknowledges that the
VRA is treating the Bonds as a "local obligation" within the
meaning of Section 62.1-199 of the Virginia Resources
Authority Act (Chapter 21, Title 62.1 of the Code of Virginia
of 1950, as amended (the "Act")), including amendments
thereto taking effect as of July 1, 2011, which in the event
of a nonpayment thereunder authorizes the VRA or the VRA's
Trustee to file an affidavit with the Governor of the
Commonwealth of Virginia that such nonpayment has occurred
pursuant to Section 62.1-216.1 of the Act. In purchasing the
Bonds, the VRA is further relying on Section 62.1-216.1 of
the Act providing that if the Governor is satisfied that such
nonpayment has occurred, the Governor will immediately make
an order directing the Comptroller to withhold all further
payment to the County of all funds, or of any part of them,
appropriated and payable by the Commonwealth of Virginia to
the County for any and all purposes, and the Governor will,
while the nonpayment continues, direct in writing the payment
of all sums withheld by the Comptroller, or as much of them
as is necessary, to the VRA, so as to cure, or cure insofar
as possible, such nonpayment.
Establishment of VRA Special Fund. The Board hereby
authorizes and directs the County to establish the VRA
Special Fund within the County's General Fund into which
appropriations, if any, made by the County with respect to
the Bonds shall be deposited and to cause the VRA Special
Fund to be identified in the County's audited financial
statements.
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Nonarbitrage Certificate and Tax Compliance Agreement;
Escrow Deposit Agreement; Refunding of Obligations to be
Refunded. Any Authorized Officer of the County is hereby
authorized and directed to execute a nonarbitrage certificate
and tax compliance agreement or any similar or related tax
document (hereinafter the "Tax Certificate") as may be
required by the VRA or by bond counsel to the County, each
setting forth the expected use and investment of the proceeds
of the Bonds and containing such covenants as may be
necessary in order to show compliance with the provisions of
the Internal Revenue Code of 1986, as amended (the "Code"),
and applicable regulations. The Board covenants on behalf of
the County that the proceeds from the issuance and sale of
the Bonds will be invested and expended as set forth in such
Tax Certificate and that the County shall comply with the
other covenants and representations contained therein.
Subject to the sale and receipt of the proceeds of
the Bonds, any Authorized Officer of the County is hereby
authorized to designate the Obligations to be Refunded for
redemption on such date or dates as such Authorized Officer
shall determine. Any Authorized Officer of the County is
authorized to select a bank or trust company to serve, or the
County may itself serve, as Escrow Agent, if necessary, and
to deliver to such Escrow Agent or applicable County
officials irrevocable written instructions to give notices,
or to cause such notices to be given, in the name and on
behalf of the County, to the holders of the Obligations to be
Refunded of the redemption of the Obligations to be Refunded,
such notices to be given in the manner and at the time or
times provided in proceedings authorizing the issuance of the
Obligations to be Refunded. Any Authorized Officer of the
County is hereby authorized to execute and deliver an Escrow
Deposit Agreement by and between the County and the Escrow
Agent in such form as shall be approved by such Authorized
Officer upon the advice of counsel (including the County
Attorney or Bond Counsel), such approval to be conclusively
evidenced by the execution of the Escrow Deposit Agreement by
such Authorized Officer. Any Authorized Officer of the
County is hereby authorized to select a verification agent,
if necessary, in connection with the refunding of the
Obligations to be Refunded.
The County Administrator or the County Treasurer is
hereby authorized to execute, on behalf of the County,
subscriptions for United States Treasury Obligations - State
and Local Government Series, if any, to be purchased by the
County in connection with the refunding of the Obligations to
be Refunded. Such United States Treasury Obligations - State
and Local Government Series, if any, so purchased shall be
held by or on behalf of the County Treasurer or by the Escrow
Agent under and in accordance with the provisions of any
Escrow Deposit Agreement entered into in connection with the
refunding of the Obligations to be Refunded. In addition,
the County Administrator or the County Treasurer is hereby
authorized to enter into such purchase agreements, including
forward supply agreements, if any, as shall be required in
connection with the refunding of the Obligations to be
Refunded providing for the purchase by or on behalf of the
County in the open market of noncallable obligations of, or
unconditionally guaranteed by, the United States of America,
any such obligations so purchased to be held by or on behalf
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of the County Treasurer or by the Escrow Agent under and in
accordance with the provisions of any Escrow Deposit
Agreement entered into in connection with the refunding of
the Obligations to be Refunded. The County Administrator or
the County Treasurer is hereby authorized to sell any
securities held by the Escrow Agent under and in accordance
with the provisions of the Escrow Deposit Agreement and to
purchase securities in lieu of and in substitution therefor.
State Non -Arbitrage Program The Board hereby
determines that it is in the best interests of the County to
authorize and direct the County to participate in the State
Non -Arbitrage Program of the Commonwealth of Virginia
("SNAP") and the contract creating the State Non -Arbitrage
Program Pool I (the "Contract") in connection with the
proceeds of the Bonds. The Board hereby acknowledges and
consents to the investment of the proceeds of the Bonds and
the earnings thereon in SNAP. The Board acknowledges the
Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the County in connection
with SNAP, except as otherwise provided in the Contract.
Inclusion of County Information in Official Statement
relating to VRA Bonds. The Board hereby consents to the
inclusion of information with respect to the County in the
Preliminary Official Statement and the Official Statement of
the VRA in connection with the issuance of the VRA Bonds.
Any Authorized Officer of the County is hereby authorized and
directed to cooperate with the VRA with respect to compliance
with the provisions of the Securities and Exchange Commission
Rule 15c2-12, under the Securities Exchange Act of 1934, as
amended, and directed to make all filings required by
Section 9.7 of the Financing Agreement should the County be
determined to be a "Material Local Government" (as defined in
the Financing Agreement).
Filing of Resolution. The appropriate officers or
agents of the County are hereby authorized and directed to
cause a certified copy of this Resolution to be filed with
the Circuit Court of the County.
Further Actions. The members of the Board and all
officers, employees and agents of the County are hereby
authorized to take such action as they or any one of them may
consider necessary or desirable in connection with the
issuance and sale of the Bonds, including, but not limited
to, the execution and delivery of such documents and
certificates as may be required in connection with the
issuance and sale of the Bonds to the VRA, and any such
action previously taken is hereby ratified and confirmed.
The Resolution adopted by the Board on March 23, 2016
granting initial authorization of the issuance of the Bonds
(the "Initial Resolution") is hereby ratified and confirmed.
In the event of a conflict between the provisions to the
Initial Resolution and this Resolution, this Resolution shall
govern.
Effective Date. This Resolution shall take effect
immediately.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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04/13/16
18. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
19. ADJOURNMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adjourned at 7:18 p.m. until April 20th at noon for a joint
meeting with the School Board and Capital Construction Goals
and Accountability Committee at the School Administration
Building.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
A. Q.
ames J j egm-, er Ste en A. Elswick
J County—I�dministrktor Chairman
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