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2023-04-05 Minutes 23-88 4/5/2023 BOARD OF SUPERVISORS MINUTES APRIL 5, 2023 Supervisors in Attendance: Mr. Kevin P. Carroll, Chair Mr. James A. Ingle, Jr., Vice Chair Mr. Christopher M. Winslow Mr. James M. Holland Dr. Mark S. Miller Dr. Joseph P. Casey County Administrator Mr. Carroll called the meeting to order at 6:00 p.m. 1. INVOCATION The Honorable Jim Holland, Dale District Supervisor, gave the invocation. 2. PLEDGE OF ALLEGIANCE Mr. Dave Goode, Constituent and Media Services Director, led the Pledge of Allegiance to the Flag of the United States of America. 3. APPROVAL OF MINUTES On motion of Mr. Winslow, seconded by Mr. Ingle, the Board approved the minutes of March 22, 2023, as submitted. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 6. COUNTY ADMINISTRATION UPDATES • Dr. Casey announced the county will host its inaugural Earth Day Festival on Saturday, April 15, bringing together county departments, businesses and nonprofits to promote and encourage protecting the local environment. He stated the family-friendly event will take place from 10 a.m. to 2 p.m. at the Chesterfield County Fairgrounds. 23-89 4/5/2023 7. NEW BUSINESS 7.A. TO AMEND SECTION 9-16 OF THE COUNTY CODE TO PERMIT REFUNDS OF SURPLUS REAL ESTATE TAX REVENUE AND TO AMEND THE FY2023 BUDGET TO REFUND $12.7 MILLION OF THE FY2022 REAL ESTATE REVENUE SURPLUS VIA THE FIRST HALF CY2023 REAL ESTATE BILLS Mr. Gerard Durkin, Director of Budget and Management, stated the General Assembly has authorized localities to adopt a local ordinance to permit the local governing body to refund surplus real estate tax revenue back to taxpayers if i) the locality reports an overall surplus for the fiscal year and 2) the governing body votes to approve the refund. He further stated via this ordinance, this authority would apply to the current fiscal year as well as future fiscal years when deemed appropriate by the Board of Supervisors. He stated this item also requests that the Board amend the FY2023 budget to refund up to $12.7 million of the FY2022 Real Estate Surplus via a 5 percent credit on the First Half CY2023 Real Estate Bills. He noted it is requested that the Board appropriate $10 million from Tax Relief Reserves established at its December 14, 2022, meeting and to amend the budgeted FY2023 Real Estate Revenue to reflect the net impact of this refund. Board discussion and comments ensued relative to the proposal. On motion of Mr. Winslow, seconded by Mr. Ingle, 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 9-16 RELATING TO PAYMENT OF REAL ESTATE TAXES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-16 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 9-16. - Payment of real estate taxes. (a) The tax levied on real estate in the county shall be due in two equal installments, payable on June 5 and December 5 of each calendar year. Any person failing to pay an installment of taxes on or before the due date shall incur a penalty of ten percent which shall be added to the amount of taxes due. (b) In addition to the penalty, any taxes that remain unpaid on the first day of the month following the month in which taxes become due shall be delinquent and the taxpayer shall also owe interest on the delinquent taxes at a rate of ten percent per annum. (c) The treasurer shall give notice that real estate taxes are due at least ten days prior to June 5 and December 5 of each calendar year, by publication in a newspaper of general circulation in the county that the real estate taxes are due. (d) Notwithstanding the foregoing, any taxpayer may pay the whole year's taxes in one sum at any time; provided, he also pays any accrued penalty and interest. (e) In any fiscal year in which the county reports a surplus of revenue, the board of supervisors may adopt a method for returning surplus real property tax revenues to taxpayers who are assessed such taxes in the fiscal year in which the surplus occurred. (2) That this ordinance shall become effective immediately. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-90 4/5/2023 8. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 9. BUDGET ITEMS Mr. Durkin provided the Board with updates and technical adjustments relative to the FY2024 budget. Regarding the school budget, he stated State budget still not finalized and the General Assembly reconvenes for consideration of Governor’s amendments and vetoes on April 12. He further stated the FY2024 budget includes +$3.0 million to recurring transfer and +$5.0 million in one-time funding for School’s operating. Regarding closing the remaining $8.0 million shortfall, he stated the State budget passes with additional funding or return after the final state budget is adopted to amend the FY2024 budget. He then reviewed updates to the appropriations resolution. Board discussion and questions ensued relative to the concurrence of adjusted ratio assessment on boats to mitigate impact of increased property assessments In closing, Mr. Durkin noted staff will return to the Board in June with the projected FY2023 year-end position and stated potential allocations include policy compliance, economic hedges and one-time costs. 9.A. ADOPTION OF AN ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONNEL PROPERTY On motion of Mr. Holland, seconded by Mr. Winslow, the Board adopted the following ordinance establishing the annual tax levy on various classes of real estate and personal property: 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, 2023, and ending on the thirty-first day of December, 2023, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. (a) Except as provided in Sec. 1 (b), on tracts of land, lots or improvements thereon and on mobile homes the tax shall be $0.91 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 $0.05 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. 23-91 4/5/2023 (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 $0.91 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 $0.91 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 $0.01 on every $100 of the assessed value thereof. (h) On computer equipment and peripherals used in a data center as defined by Section 58.1-3506(A)(43) of the Code of Virginia, 1950, as amended, the tax shall be $0.24 on every $100 of assessed value thereof. 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 $0.91 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: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 9.B. ADOPTION OF THE FY2024 BUDGET, FY2024-2028 CAPITAL IMPROVEMENT PLAN (CIP), FY2024 APPROPRIATIONS RESOLUTION, AND THE FY2024 COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNERSHIP ANNUAL PLAN Discussion ensued relative to the budget process. Board members also expressed their appreciation to members of Budget and Management staff for their diligent efforts in preparing the budget. Dr. Miller made a motion, seconded by Mr. Ingle, for the Board to adopt the FY2024 Budget, FY2024-2028 Capital Improvement Plan (CIP), and the FY2024 Community Development Block Grant and the HOME Investment Partnership Annual Plan. 23-92 4/5/2023 And, further, the Board adopted the following resolution appropriating funds for FY2024: 23-93 4/5/2023 23-94 4/5/2023 23-95 4/5/2023 23-96 4/5/2023 23-97 4/5/2023 23-98 4/5/2023 23-99 4/5/2023 23-100 4/5/2023 Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 9.C. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO THE DEPARTMENT OF UTILITIES’ FEE CHANGES On motion of Mr. Holland, seconded by Dr. Miller, the Board adopted the following ordinance relating to the Department of Utilities’ fee changes: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 18-27 UTILITIES USER CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 18-27 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 18-27. - Utility charges. Effective with bills issued on and after July 1, 2023, 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 $2.54 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $5.08. (2) Commodity cost charge. (i) Water: $2.43 per 100 cubic feet (Ccf). (ii) Wastewater: $2.56 per 100 cubic feet (Ccf). (3) Capacity cost charge. 23-101 4/5/2023 Customer Class Meter Size (inches) Number of ERUs per Unit Monthly Capacity Charge Water Wastewater (i) Dwelling, single-family, including townhouses and manufactured homes that are not located in a manufactured home park 5/8 1.00 $ 8.35 $14.15 (ii) Dwelling, two-family (per unit) 5/8 1.00 8.35 14.15 (iii) Manufactured homes that are located in a manufactured home park and multiple-family dwellings other than multiple-family dwellings used exclusively as housing for colleges or universities (per unit) 0.85 7.10 12.03 (iv) All other customer classes 5/8 and ¾ 1.00 8.35 14.15 1 2.50 20.88 35.38 1½ 5.00 41.75 70.75 2 8.00 66.80 113.20 3 16.00 133.60 226.40 4 25.00 208.75 353.75 6 50.00 417.50 707.50 8 80.00 668.00 1,132.00 10 115.00 960.25 1,627.25 12 155.00 1,294.25 2,193.25 (v) 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). o o o (b) Ancillary charges. Type Charge (1) Portable water meter deposit $1,800.00 (2) That this ordinance shall become effective July 1, 2023. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. 23-102 4/5/2023 10. ADJOURNMENT On motion of Mr. Holland, seconded by Dr. Miller, the Board adjourned at 6:41 p.m. until April 26, 2023, at 3:00 p.m. for a meeting in Room 502. Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None. __________________________ ___________________________ Joseph P. Casey Kevin P. Carroll County Administrator Chairman