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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 16-186 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 04/13/16 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. 16-187 04/13/16 9 Fl� 91 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. 16-188 04/13/16 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. 16-189 04/13/16 9 9 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. 16-190 04/13/16 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: 16-191 04/13/16 M (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: 16-192 04/13/16 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) 16-192 04/13/16 (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. 16-193 04/13/16 9 19 (2) That this ordinance shall become effective July 1, 2016. Ayes: Elswick, Jaeckle, Winslow, Holland and Haley. Nays: None. 16-194 04/13/16 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. 16-194 04/13/16 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. 16-195 04/13/16 (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. 16-196 04/13/16 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: 16-197 04/13/16 (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: 16-198 04/13/16 (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. 16-199 04/13/16 Pl� 9 9 (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. 16-202 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. 16-203 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 16-210 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. 16-211 04/13/16 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 16-212 04/13/16 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 16-213 04/13/16 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 16-214 04/13/16 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 16-215 04/13/16 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. 16-216 04/13/16 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. 16-217 04/13/16 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. 16-218 04/13/16 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 16-219 1. 04/13/16 • 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 16-220 04/13/16 • 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 16-221 04/13/16 • 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 16-222 04/13/16 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. 16-223 04/13/16 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. 16-224 04/13/16 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 -41 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 16-225 04/13/16 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 16-226 04/13/16 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: 16-227 04/13/16 9 9 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. 16-228 04/13/16 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 16-229 04/13/16 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 16-230 04/13/16 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: 16-231 04/13/16 Fl� 9 9 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 16-232 04/13/16 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 16-233 04/13/16 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, 16-234 04/13/16 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 16-235 04/13/16 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 16-236 04/13/16 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 16-237 04/13/16 9 9 9 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. 16-238 04/13/16 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 16-239 04/13/16 9 9 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. 16-240 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 9 9 16-241 04/13/16