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2010-04-14 MinutesBOARD OF SUPERVISORS MINUTES April 14, 2010 u C Supervisors in Attendance: Mr. Daniel A. Gecker, Chairman Mr. James Holland, Vice Chairman Ms. Dorothy Jaeckle Mr. Arthur S. Warren Ms. Marleen K. Durfee Mr. James J. L. Stegmaier County Administrator Staff in Attendance: Mr. Mike Bacile, Dir., Purchasing Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Ms. Marilyn Cole, Asst. County Administrator Mr. Barry Condrey, Chief Information Officer Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovernmental Relations Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Interim Deputy County Admin., Community Development Colonel Thierry Dupuis, Police Department Dr. Suzanne Fountain, Asst. Dir., Social Work Mr. Mike Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joseph Horbal, Commissioner of Revenue Mr. Jeff Howard, Environmental Program Manager Mr. Thomas E. Jacobson, Dir., Revitalization Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Ms. Mary Lou Lyle, Acting Deputy County Admin., Management Services 10-224 04/14/10 Mr. Mike Mabe, Director, Libraries Ms. Mary Martin-Selby, Dir. of Human Resource Services Mr. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Ms. Jo Lin Rohr, Quality Coordinator Chief Edward Senter, Fire Department Mr. Jim Stanley, Security Manager, Office of Security Management Mr. Thomas Taylor, Dir., Community Development Block Grant Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Interim Director of Building Inspection Mr. Gecker called the regularly scheduled meeting to order at 3:03 p.m. 1. APPROVAL OF MINUTES 1.A. MARCH 10, 2010 REGULAR MEETING 1.B. MARCH 24, 2010 REGULAR MEETING On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the minutes of the March 10, and March 24, 2010, regular meetings. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier stated he was not going to provide an update on projects at this time due to the large amount of items on the agenda. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board replaced Item 5.A., Resolution Recognizing Ms. Kay Coles J J J 10-225 04/14/10 James for Her Outstanding Public Service Contributions; and added Item 8.D.10., Resolution Recognizing Ms. Ann Duffer for Her Contributions to Chesterfield County. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING MS. KAY COLES JAMES FOR HER OUTSTANDING PUBLIC SERVICE CONTRIBUTIONS r~~ u Mr. Kappel introduced Ms. Kay Coles James, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Kay Coles James is a resident of the Clover Hill Magisterial District in Chesterfield County, Virginia; and WHEREAS, Mrs. James was born in Richmond, Virginia; and WHEREAS, Mrs. James also is co-chair of the governor's transition team; and WHEREAS, previously, Mrs. James served as director of the U.S. Office of Personnel Management from 2001-2005, having been appointed by President George W. Bush; and WHEREAS, in the aftermath of the September 11, 2001 terrorist attacks on America, Mrs. James led the civil service and provided oversight for the merging of 22 different agencies into the U.S. Department of Homeland Security; and WHEREAS, Mrs. James is a strong advocate for all civil servants and the important role they play in our everyday lives; and WHEREAS, her distinguished public service career also includes serving as Virginia's secretary of health and human services in Governor George Allen's administration; and WHEREAS, Mrs. James founded the Crisis Pregnancy Center in Richmond; and WHEREAS, she also was dean of Regent Univex'sity's School of Government; and WHEREAS, Mrs. James has lent her talents to the boards of the Salvation Army and the Family Research Council; and WHEREAS, she has served on the National Aeronautics and Space Administration Advisory Council; and WHEREAS, Mrs. James has served on the Heritage Foundation, and others; and 10-226 04/14/10 WHEREAS, she is founder and president of the Gloucester Institute, a leadership training center for young African- Americans. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, hereby recognizes the many outstanding contributions of Mrs. Kay Coles James to the Greater Richmond Region, the Commonwealth of Virginia and the United States of America, expresses its appreciation, on behalf of the residents of Chesterfield County, for her leadership, caring, wisdom and dedication, and is proud to have her as a resident of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Warren presented the executed resolution to Ms. James and expressed appreciation for her contributions to Chesterfield County. Ms. James expressed appreciation to Chesterfield County for the recognition. 5.B. RECOGNIZING APRIL 19-24, 2010, AS "ADMINISTRATIVE PROFESSIONALS WEEK" Mr. Kappel introduced members of the Tri-Cities and Old Dominion Chapters of the International Association of Administrative Professionals, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, administrative professionals play an essential role in coordinating the office operations of businesses, government, educational institutions, and other organizations; and WHEREAS, the work of administrative professionals today requires advanced knowledge and expertise in communications, computer software, office technology, project management, organization, customer service and other vital office management responsibilities; and WHEREAS, "Administrative Professionals Week" is observed annually in workplaces around the world to recognize the important contributions of administrative support staff and is sponsored by the International Association of Administrative Professionals; and WHEREAS, the theme of "Administrative Professionals Week 2010" is "Power of Commitment," reflecting how today's career-minded administrative professionals are advancing their careers and the profession as a whole through a commitment to their careers through improving and expanding their skills. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the week of April 18-24, 2010, as J J J 10-227 04/14/10 "Administrative Professionals Week," and Wednesday, April 21, 2009, as "Administrative Professionals Day" in Chesterfield County, saluting the valuable contributions of administrative professionals in the workplace and calling on all employers to support continued training and development for administrative staff, recognizing that a well-trained workforce is essential for success in today's business world. ~'J Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolution and expressed appreciation for all of the hard work that administrative professionals do every day. Mr. Stegmaier expressed appreciation for the hard work of administrative professionals in the county. Ms. Betty Blodgett expressed appreciation for the recognition by the Board of Supervisors. 5.C. RECOGNIZING APRIL 2010, AS "ALCOHOL AWARENESS MONTH" Ms. Carter introduced Mr. Glenn Miller and Ms. Melissa Meachum-Perry, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, ethyl alcohol, the intoxicating ingredient in wine, beer and spirits, is produced, marketed, merchandised and controlled by adults; and WHEREAS, the cost of underage drinking in Virginia was $1.3 billion dollars in 2007; and WHEREAS, the Center for Disease Control reports that 28 percent of American children under the age of 13 have drunk alcohol, more than just a few sips, and those persons are seven times more likely to engage in binge drinking by age 17; and WHEREAS, youths who begin to drink alcohol prior to age 15 are four times more likely to become alcohol dependent as those who wait until age 21 to begin drinking; and WHEREAS, according to a 2007 Chesterfield County community youth survey, 44 percent of youths ages 17 and 18 reported having consumed alcohol within the 30-day period prior to the survey; and WHEREAS, one in four Chesterfield County youths ages 17 and 18 reported having engaged in binge drinking (having five or more alcoholic beverages in one setting); and WHEREAS, alcohol consumption has been shown to have damaging effects on developing human brains, which are not fully developed until age 25; and WHEREAS, Substance Abuse Free Environment Inc. (SAFE), Chesterfield County's substance-abuse-prevention coalition, has launched multiple initiatives to educate parents, 10-228 04/14/10 merchants, community leaders and children of all ages about the dangers and legal issues surrounding underage drinking; and WHEREAS, SAFE has worked with Chesterfield County Police and the Virginia Department of Alcoholic Beverage Control to conduct nearly 400 underage compliance checks at off-premises alcohol outlets in Chesterfield County over the past three years; and WHEREAS, the combined efforts of community partners has resulted in a 60 percent decrease in the rate at which Chesterfield County merchants sell alcohol to underage buyers; and WHEREAS, underage drinking is the most prevalent substance abuse problem among Chesterfield teenagers and prevention efforts need to be aggressive and ongoing to lower the frequency; and WHEREAS, April is "National Alcohol Awareness" month. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, recognizes April as "Alcohol Awareness Month" and urges all adults to become involved in efforts to reduce underage drinking by limiting access and setting clear community standards. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Holland presented the executed resolution and expressed appreciation for the work SAFE does for the community. Mr. Miller expressed appreciation to county for the staff support for SAFE and to the Board for the recognition. 6. WORK SESSIONS 6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2011 BUDGET, THE PROPOSED FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS ANNUAL PLAN, THE PROPOSED FY2011-FY2015 CAPITAL IMPROVEMENT PROGRAM AND OTHER ORDINANCE CHANGES Mr. Carmody stated it is important to note that bringing the budget to this point represents an enormous accomplishment in the efforts of staff, the Board of Supervisors and the community. He further stated the revenue declines of more than $60 million for the FY2010 budget meant new approaches had to be implemented. He stated staff will use the lessons learned throughout the process and make improvements in the future. He further stated as a result of everyone's efforts, the budget reflects the priorities of the community even though .the expenditures have been scaled back to be on par with 1995 levels. He stated there will be service level impacts in the budget. He further stated the priorities of the community are reflected in the budget by 60 percent of the general fund being allocated for schools and public safety, which reflects a decline of 1.1 percent in local funding for schools and the public safety budget being on par J J J 10-229 04/14/10 r~~ C* with the FY2010 budget. He stated in the public safety area improvements were made to the replacement apparatus funding schedules as well as providing funding for additional career firefighters at the Phillips Fire Station, which is a volunteer station. He further stated with 60 percent of the budget allocated to schools and public safety, that leaves a disproportionate share of the reductions to be made by the remainder of the functions within the organization. He stated the budget incorporates the consolidation of nine departments and reorganizations, which resulted in over $1 million in expenditure reductions. He further stated great strides have been made to be creative and think outside of the box, which has resulted in over $7 million in savings by cost reductions in administrative, support type functions and activities. He reviewed the recommended expenditure changes, which have been captured through all of the dialogue and discussions, including restoration of $827,000 to the Parks and Recreation Department for outdoor, historical and senior programs, and operation of Rockwood Nature Center; keeping Central Library open six days a week to provide countywide availability for $80,000; implementation of a fee for FY2011 with an opt-out option for curbside recycling and exclusive of an expanded drop-off program, a decrease of $200,000; increasing retiree health care funding in public safety by $101,000 with an offsetting decrease in centrally budgeted retiree health care allotment; restoration of $60,000 in funding for a portion of the limited English program; restoration of $60,000 in community contribution funds for the Maymont Foundation and other organizations; consolidation and reorganizations in Community Development Block Grant, Revitalization, and Intergovernmental Affairs Departments, a decrease of $156,000; restoration of $116,000 in funding for two full-time audit positions in Commissioner of the Revenue's office; restoration of $65,600 in funding for staff support of a Board committee to allow the committee to complete the report in progress; and restoration of $150,000 in funding for Chesterfield Access Transportation program which provides supportive living trips. He provided the recommended revenue adjustments included in the FY2011 budget which include $406,500 in revenue from Parks and Recreation program fees; contribution from the Historical Society and a fee for youth sports; $85,000 in revenue from a contract with the City of Richmond for use of Bon Air Library; reduction in fees from 65 percent of households participating in the recycling program, a decrease of $1,005,000; use of $500,000 in excess occupancy taxes to cover eligible tourism-related expenses; use of $300,000 in district improvement fund balances to fund non-recurring capital expenses; $250,000 in interest earned on bond proceeds; audit revenue increase of $116,000; and $349,600 in additional departmental reductions/efficiencies. He provided a summary of the revised budget proposal and the changes in the Capital Improvement Program. He stated library projects and the Chester Arts Center are being delayed by two years. He further stated there is a $1.8 million increase in the FY2011 school Capital Improvement Program via restored state technology infrastructure funding. In response to Ms. Jaeckle's questions, Mr. Carmody stated the recommended changes add some funding back into the library budget but that the overall reduction is still along the -lines of 17 percent. He further stated there are currently a couple scenarios being weighed in order to 10-230 04/14/10 address the reductions in the library hours which will have a limited effect on services to the citizens. In response to Ms. Jaeckle's questions, Mr. Mabe stated the libraries recommended a reduction of hours to address the budget shortfall. He further stated the behind-the-scenes staff will continue working the amount of hours they currently work, which will minimize the impact on the citizens. He provided details of the two scenarios being proposed by the library to assist with meeting the budget shortfall . Ms. Jaeckle stated closing the libraries on Saturdays would affect the working people who use the libraries on the weekend. Mr. Mabe stated the recommendation to the Board from the library staff is a responsible, professional approach. He further stated he believes the best option for the citizens of the county is to utilize the summer/winter hours. He stated even when the libraries are closed transactions are still being completed behind the scenes via the computer. In response to Mr. Holland's question, Mr. Mabe stated the summer/winter hours schedule would be most cost beneficial for the county which includes a reduction of staff hours worked. Mr. Warren congratulated Mr. being nationally recognized as in the country. Mabe for the library system one of the top library systems Ms. Jaeckle expressed concerns relative to the occupancy tax revenue being used in the operating fund of the county. Mr. Carmody noted state code specifications and restrictions on the occupancy tax limits what activities can be funded by the tax. He further stated the activities the county is proposing for use of the occupancy tax falls within the state code. In response to Ms. Durfee's questions, Mr. Carmody explained how the district improvement funds would be used as a one- time funding source for the general fund and the amounts used in future years. He stated there is an available balance of $300,000 at this time in the district improvement funds. He further stated in FY2011 the amount allocated for each district in the district improvement fund $0 with a recommended change that no more than $37,500 be rolled over at the end of any fiscal year. Ms. Durfee stated she receives a number of streetlight requests in the Matoaca District. She further stated the costs associated with streetlights in the Matoaca District are higher than other districts in the county. She stated with the costs for the streetlight requests, she is limited in her ability to assist some worthwhile causes in the Matoaca District. She further stated a strategy is needed that is reasonable on the amount of monies allocated for streetlight installation costs. Mr. Carmody stated staff will work with the Board to formulate a strategy for streetlight installations. J J J 10-231 04/14/10 Ms. Jaeckle expressed concerns relative to the donations to community organizations such as the Richmond Symphony. She stated this is not a good year to be taking the county's contributions from these organizations which benefit the county's students. ~'J ~J u Discussion ensued relative to the strategy utilized by staff to formulate funding for community organizations and where the money would come from if the Board wanted to increase funding for those organizations. In response to Ms. Jaeckle's question, Mr. Carmody stated the majority of the projects in the Capital Improvement Program revolve around major maintenance and renovation-type activities. He further stated the FY2011 project list had been reviewed to eliminate new facilities. He stated there are general improvements to various park sites, airport improvements, fire station design funding for the Route 288/Courthouse Road fire station, and some transportation funding from the 2004 referendum. In response to Mr. Warren's question, Mr. Carmody stated none of the funding from the bond referendum for the Capital Improvement Program has been eliminated. Mr. Gecker stated the funding for facilities will not be eliminated but will be deferred because the operational cost is something the county cannot pick up right now. In response to Mr. Warren's question, Mr. Carmody stated the decision on the amount of time to defer the building of facilities depends pn the priorities established as a community and the Board as the revenue outlooks and growth patterns are reviewed. He further stated it costs the county approximately $1 million a year to run a new library facility. He stated all of the design activity is still underway for the facilities. Ms. Durfee stated there have been ample discussions relative to capital improvement projects in the School Board Liaison Committee meetings due to the need to take a hard look at the priorities in the county. She further stated the building of new facilities should be delayed until the Comprehensive Plan is complete and the location of the facilities is determined. She stated it is best to fund facilities which service the entire population. Mr. Carmody expressed appreciation to the Board for their effort into the budget process. Mr. Holland expressed appreciation to Mr. Carmody and the Budget and Management Department staff for their hard work throughout the budget process. Mr. Gecker stated during Chief Senter's presentation before the Board there was a reference to potential future events which would not allow the county to keep two fire units in service. He further stated as a Board, the operational viability of the Fire Department is a top priority. Mr. Carmody stated the Board should not be concerned with the potential future events which would eliminate two fire units from service in the Fire Department because the method the county budgets will cover those expenditures. Mr. Gecker stated it is important to acknowledge that we are not going to be taking any units out of service due to staffing issues in the Fire Department. 10-232 04/14/10 Mr. Holland stated a new model has been implemented regarding how the county replaces apparatus in the future. He further stated the county will be replacing five units this year. In response to Mr. Gecker's question, Mr. Myers stated the approved Capital Improvement Program for the school system will be updated on the website. 7. DEFERRED ITEMS 7.A. STREETLIGHT INSTALLATION COST APPROVAL IN THE BAILEYS GROVE SUBDIVISION Mr. Dupler reviewed the streetlight installation requests deferred from the March 10, 2010 meeting. On motion of Ms. Durfee, seconded by Mr. Holland, the Board approved the following streetlight installation cost approval: nnamnnrn • Intersection of Baileys Grove Drive and Baileys Path Road Cost to install streetlight: $2,151.49 And, further, the Board denied the following streetlight installation: MATOACA • Baileys Grove Drive, vicinity of 21137/21143 Cost to install streetlight: $2,633.24 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 7.B. CONSIDERATION OF ORDINANCE TO VACATE A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS FOX CHAPPEL ROAD AND TEMPORARY TURNAROUND EASEMENTS WITHIN WELLINGTON FARMS, SECTION E Mr. Dupler stated the consideration of an ordinance to vacate a 50-foot unimproved county right of way known as Fox Chappel road and temporary turnaround easements within Wellington Farms, Section E was deferred from the March 10, 2010 meeting. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MILES & WELLS, a Virginia. general partnership, FIRST CAPITAL BANK and CHRISTOPHER M. FINKLEA and LISA D. FINKLEA, (husband and wife), ("GRANTEE"), a 50' unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E, BERMUDA Magisterial J J J 10-233 04/14/10 District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book. 159, at Page 46. u WHEREAS, WELLINGTON FARMS HOMEOWNERS ASSOCIATION, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 50' unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 159, Page 46, by BURGESS & NIPLE, dated OCTOBER 3, 2005, recorded OCTOBER 28, 2005. The right of way and temporary turnaround easements petitioned to be vacated are more fully described as follows: A 50' unimproved county right of way known as Fox Chappel Road and temporary turnaround easements within Wellington Farms, Section E, the location of which is more fully shown on a plat made by BURGESS & NIPLE, dated SEPTEMBER 24, 2008, and revised FEBRUARY 16, 2010, a copy of which is attached hereto and made a part of this Ordinance. r~ ~i J WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the right of way and temporary turnaround easements sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid right of way and temporary turnaround easements be and are hereby vacated. GRANTEE hereby conveys unto the GRANTOR and GRANTOR hereby reserves emergency access, drainage, and utility easements over the entire right of way hereby vacated and shown on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of 10-234 04/14/10 the portions of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the right of way hereby vacated in the abutting property owners subject to the reservation of easements herein. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and MILES & WELLS, a Virginia general partnership, FIRST CAPITAL BANK and CHRISTOPHER M. FINKLEA and LISA D. FINKLEA, (husband and wife), or their successors in title, as GRANTEE. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 7.C. CONSIDERATION OF ORDINANCE TO VACATE PORTIONS OF SUNNY DELL ACRES Mr. Dupler stated the consideration of an ordinance to vacate portions of Sunny Dell Acres was deferred from the March 10, 2010 meeting. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to STONEMILL ASSOCIATES, INC., a Virginia corporation and WAYNE D. MORRIS, ("GRANTEES"), portions of Sunny Dell Acres, Lots 17, 18, 19, 20, 21 and 22, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 8, at Pages 129 and 130. WHEREAS, STONEMILL ASSOCIATES, INC., a Virginia corporation and WAYNE D. MORRIS, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate portions of Sunny Dell Acres, Lots 17, 18, 19, 20, 21 and 22, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 8, Pages 129 and 130, by W.W. LAPRADE & BROS., dated NOVEMBER 28, 1947. The portion of Sunny Dell Acres petitioned to be vacated is more fully described as follows: Portions of Sunny Dell Acres, Lots 17, 18, 19, 20, 21 and 22, the location of which is more fully shown on a plat made by BALZER AND ASSOCIATES, INC., dated JANUARY 21, 2010, and revised February 12, 2010, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, J J J 10-235 04/14/10 WHEREAS, no public necessity exists for the continuance of the portion of Subdivision sought to be vacated. U ~J C NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of Sunny Dell Acres be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and STONEMILL ASSOCIATES, INC., a Virginia corporation and WAYNE D. MORRIS, or their successors in title, as GRANTEES. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8. NEW BUSINESS 8.A. BUDGET ITEMS 8.A.1. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO DEPARTMENT OF UTILITIES FEE CHANGES Mr. Carmody stated he reviewed the Capital Improvement Program and funding for the technology category is proposed for various enterprise systems including the update of the county's GIS system. He further stated the proposed ordinance increases the water and wastewater connection fees and the bi-monthly bill for water and wastewater customers. He stated staff recommends adoption of the proposed ordinance. On motion of Ms. Jaeckle, seconded by Ms. Durfee, 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 WATER AND WASTEWATER CONNECTION FEES AND WATER AND WASTEWATER USER FEES CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-22 and 18-27 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 10-236 04/14/10 Sec. 18-22. Connection fees. 0 0 0 [NOTE: Section (a), describing the method of determining connection fees, is unchanged and therefore not set out here] (b) The capital cost recovery charge shall be: Customer Class Meter Number Capital Cost Recov y Size of Charge (inches) ERU's per Unit Water Wastew er (i) For a dwelling, 5/8 1.00 $4,400.00 $3,45 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, 5/8 1.00 4,400.00 3,45 00 two-family (per unit) (iii) For mobile homes 0.85 3,740.0,0 2,93 00 that 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) (iv) For all other 5/8 1.00 4,400.00 3,45 .00 customer classes 1 2.50 11,000.00 8,63 .00 1 ;4 5.00 22,000.00 17,27 .0 2 8.00 35,200.00 27,64 .00 3 16.00 70,400.00 55,28 .00 4 25.00 110,000.00 86,37 .00 6 50.00 220,000.00 172,75 .00 10-237 04/14/10 u 8 80.00 352,000.00 276,400.00 10 115.00 506,000.00 397,325.00 12 155.00 682,000.00 535,525.00 The capital cost recovery charge for meters that are larger than 12 inches shall be dete rmined by the director based on 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 t he same capit al cost recovery charge in subsection (b)(iv). 0 0 0 [NOTE: The following are unchanged and not set out here: Fees related to installing meters and service lines, provision for wastewater laterals, provision for installment payment of connection fees, provision relating to enterprise zones and block grant funds, and provisions relating to connection fees for extensions to developed areas.] Sec. 18-27. Utility charges. Effective with bills issued on and after July 1, 2010., 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 $2.22 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $4.44. (2) Commodity cost charge. (i) Water: $1.24 per 100 cubic feet (Ccf). (ii) Wastewater: $1.50 per 100 cubic feet (Ccf) . (3) Capacity cost charge. C Customer Class Meter Number Monthly Capacity Size of ERU's Charge (inches) per Unit Water Wastewater (i Dwelling, single- 5/8 1.00 $ 5.60 $ 10.60 family, including townhouses and mobile homes that are not located in a mobile home park (i Dwelling, two-family 5/8 1.00 5.60 10.60 (per unit) 10-238 04/14/10 ~..~._a. _ ,..5. ~, + (iii) Mobile homes that are 0.85 4.76 9 . 01 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 5.60 10 60 classes 3/4 1 2.50 14.00 26 50 1 1/2 5.00 28.00 53 00 2 8.00 44.80 84 80 3 16.00 89.60 16 60 4 25.00 140.00 26 00 6 50.00 280.00 53 00 8 80.00 448.00 84 00 10 115.00 644.00 1,21 00 12 155.00 868.00 1,64 00 (v) The capacity cost charge for a dwelling that is served by a m e that is larger than five-eighths inch shall be the capacity st charge in subsection (a)(3)(iv). (b) Ancillary charges. 0 0 0 (5) Strong waste surcharge BOD Surcharge Rate (RBOD) _ $0.23 per pound TSS Surcharge Rate (RTSS) _ $ 0.21 per pound TN Surcharge Rate (RTN) _ $0.00 per pound TP Surcharge Rate (RTP) _ $0.00 per pound [NOTE: Ancillary changes for testing, portable meters, voluntary disconnections and septage dumping are unchanged and not set out here.] 0 0 0 (2) That this ordinance shall become effective July 1, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-239 04/14/10 J 8.A.2. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO ISSUANCE OF BUSINESS LICENSES u Mr. Carmody stated the proposed code revision for issuance of a business license will allow the county to collect all delinquent taxes prior to issuance of a business license. On motion of Mr. Holland, seconded by Mr. Warren, 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 6-1 AND 6-15 RELATING TO WHEN PENALTIES ACCRUE FOR LATE FILING OF LICENSE TAXES AND THE PAYMENT OF OTHER DELINQUENT TAXES AND ADDING SECTION 6-39.1 TO ADD A CLASSIFICATION FOR LIMITED MIXED BEVERAGE RETAILERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 6-1 and 6-15 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted and Section 6-39.1 is added to read as follows: Sec. 6-l. Definitions. For the purposes of this chapter, the following terms shall have the following meanings, unless the context requires a different meaning: Base year means the calendar year preceding the license year, except for contractors subject to the provisions of Code of Virginia, § 58.1-3715. Businesses who report on a fiscal year basis as of January 1, 2010, may continue to report in that manner for the duration of their business activity. 0 0 0 C Sec. 6-15. Due dates and penalties. (a) Each person subject to licensure under this chapter shall apply for a license and pay the applicable tax and fee prior to beginning business if he was not subject to licensure in the county on or before January 1 of the license year, or no later than March 1 of the license year if he was subject to licensure in the county prior to January 1 of the license year. (b) A penalty of one percent of the unpaid tax and fee for each day the tax and/or fee is unpaid up to ten percent of the unpaid tax and fee, or $2.00, whichever is greater, shall be imposed upon the failure to pay the tax and/or fee on or before March 1 if the person was in business prior to January 1 of the license year or began business before February 1 of the license year; or within one month of beginning business if the person began business after January 31 of the license year. In the case of an assessment of additional tax made by the commissioner of the revenue, if the application and, if applicable, the payment were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed 10-240 04/14/10 with the additional tax. If any assessment of tax by the commissioner of the revenue is not paid within 30 days, the treasurer may impose a ten percent late payment penalty. If the failure to file or pay was not the fault of the taxpayer, the penalty shall not be imposed, or if imposed, shall be abated by the commissioner of the revenue. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. 0 0 0 (c) Interest shall. be charged on the late payment of the tax and fee from the due date until the date paid without regard to fault or other reason for the late payment. For persons who were in business in the county prior to January 1 of the license year, interest shall be assessed on the unpaid balance on April 1 of the license year and thereafter on the first day of each following month on the unpaid balance. For persons who were not in business in the county on January 1 of the license year, interest shall be assessed on the unpaid balance on the first day of the month after the month in which such taxpayer became delinquent, and thereafter on the first day of each following month on the unpaid balance. Whenever an assessment of additional or omitted tax or fee by the commissioner of the revenue is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any license tax or fee from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under Code of Virginia, § 58.1-3916. No interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than 30 days from the date of the payment that created the refund or the due date of the tax, whichever is later. 0 0 0 (e) No business license shall be issued until the applicant has produced satisfactory evidence that all delinquent business licenses, personal property, and transient occupancy taxes owed by the business to the county have been paid which have been properly assessed against the applicant by the county. 0 0 0 6-39.1. Limited Mixed Beverage Retailers. (a) Every retail merchant classified by the Virginia Department of Alcoholic Beverage Control as a "Limited Mixed Beverage Restaurant" shall pay, in addition to the license tax and fees imposed under this code, an annual license tax as follows: (1) With a seating capacity at tables for up to 100 persons, $100; J J J 10-241 04/14/10 (2) With a seating capacity at tables for more than 100 but not more than 150 persons, $250; and (3) With a seating capacity at tables for more than 150 persons, $400. C•7 (b) No license shall be issued to any person pursuant to the terms of this section unless such person shall have secured or shall secure simultaneously therewith and have in force the proper state license provided by law. (c) In imposing retail merchant's license taxes measured by gross receipts under any other section of this chapter, there shall be included the gross receipts from the sale of limited mixed beverages in the basis for measuring such license taxes. No limited mixed .beverage license tax assessed under this section shall be construed as exempting any licensee from any retail merchant's license taxes required under this Code, or from any beer and wine license taxes or from mixed alcoholic beverage license taxes required under this Code. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.3. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT Mr. Carmody stated the service fee for emergency ambulance transport was established to recover costs typically reimbursed by Medicare and commercial insurance companies for the cost of emergency transport services and to enhance emergency services. On motion of Mr. Warren, seconded by Ms. Durfee, 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 10-10 RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 10-10 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-10. Service fees for emergency ambulance transport. (a) Pursuant to Code of Virginia, § 32.1-111.14,. it is hereby determined and declared that the exercise of the powers and duties set forth herein is necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. 10-242 04/14/10 (b) Definitions. The following definitions shall apply to ambulance charges: Basic life support (BLS), Advanced life support level 1 (ALS-1), and Advanced life support level 2 (ALS-2) shall be those services as defined by applicable federal or state regulations and administered in accordance with applicable law. Ground transport mileage (GTM) shall be assessed from the location of the point of pick-up of the patient to a hospital or other facility where a patient is transported. (c) The schedule of rates for emergency ambulance transport services by the county department of f ire and emergency medical services (including any volunteer rescue squad with which Chesterfield Fire and EMS has a billing agreement) shall be as follows: Service Fee BLS $394.00 ALS-1 468.00 ALS-2 677.00 GTM 9.60 per patient loaded mile in addition to transport charges (d) The chief of the county department of fire and emergency medical services is hereby authorized and directed to establish policies and procedures, and to execute and maintain documentation necessary for the administration of this program, including, but not limited to, a subscription program for county residents or other eligible persons,. and payment standards for those persons who demonstrate economic hardship, as permitted by applicable law. (2) That this ordinance shall become effective July 1, 2010. .Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.4. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY Mr. Carmody stated advertised tax rates remain unchanged from calendar year 2010 and that the real estate tax rate was advertised at 95 cents although the Board can reduce the tax rate. On motion of Mr. Holland, seconded by Mr. Warren, 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: 10-243 04/14/10 J J J (1) That for the year beginning on the first day of January, 2010, and ending on the thirty-first day of December, 2010, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: r~ ^i1 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 $0.95 on every $100 of assessed value thereof. (b) On tracts of land, lots or improvements thereon and on mobile homes in the Charter Colony Powhite Parkway Transportation District the tax shall be $1.10 on every $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof . (b) On aircraft as defined by Section 58.1-3503 and - 3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 58.1-2101 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. (g) On motor vehicles which are specially equipped to provide transportation for physically handicapped individuals, the tax shall be $.O1 on every $100 of the 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 $0.95 on 10-244 04/14/10 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.A.5. ADOPTION OF THE FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS ANNUAL PLAN Mr. Carmody stated staff recommends approval of the FY2011 Community Development Block Grant Program and the HOME Investment Partnerships Annual Plan. He further stated staff has been informed of a $105,000 increase in the grant award from HUD and will present a recommendation on the additional money upon written confirmation from HUD. Mr. Holland made a motion, seconded by Ms. Durfee, for the Board to adopt the FY2011 Community Development Block Grant Program and the HOME Investment Partnerships Annual Plan. In response to Ms. Jaeckle's question, Mr. Carmody stated if the Board would like to make changes to the Plan, it would be best to discuss those changes now due to the requirement to submit the Plan by mid-May. In response to Mr. Stegmaier's question, Mr. Taylor stated the action plan must be submitted by May 15, 2010 and has to include the projects which the county plans to fund as of July 1, 2010. He further stated amendments can be submitted at a later date. Ms. Jaeckle expressed concerns relative to the $100,000 funding request from the Virginia Baptist Children's Home to renovate an existing building and the possibility of having to fund it every year to run the operations. She stated the Children's Home has a wonderful program. Dr. Jean Cobb, Director of the Virginia Baptist Children's Home, stated the intent of the funding request is to assist the organization with renovation of three buildings on the property. She further stated the Virginia Baptist Children's Home is located on over 200 acres in Chesterfield. She provided details of programs the Virginia Baptist Children's Home is interested in developing to assist children and families in the region. She stated the Virginia Baptist Children's Home has three buildings on the property which need to be brought up to code, plus a mortgage on another building. She further stated the organization is aggressively looking for other sources of capital funding. She stated it is currently an insurance risk for the J J J 10-245 04/14/10 organization to have the three buildings not up to code. She further stated a needs assessment was done by the Cameron Foundation, which suggested the organization must look at emergency care, out-of-school time programs and family support services. She stated the organization would like to partner with other agencies in the county to provide services to county residents. She further stated the southern end of Chesterfield would benefit from the services proposed to be offered. U L#J In response to. Ms. Jaeckle's questions, Dr. Cobb stated the Cameron Foundation suggested the Virginia Baptist Children's Home explore providing emergency services, child welfare services and family support services. She further stated to bring the one building up to code and begin the project of family services could cost the organization $500,000. She stated to bring all three buildings up to code could cost at least $2 million. She further stated some renovations and improvements have been performed by volunteers on the buildings. Ms. Jaeckle stated she is hesitant to give $100,000 to the Virginia Baptist Children's Home without having a plan as to how the next steps will be achieved. Dr. Cobb stated the Virginia Baptist Children's Home has requested funding from the Cities of Hopewell and Petersburg. In response to Ms. Jaeckle's question, Mr. Taylor stated the CDBG Plan must state how the county plans to use the monies allocated for FY2010-FY2011. He further stated if there is a carryover of funds or if projects are started but not yet completed, then the county is allowed to move forward with funding. Mr. Stegmaier stated county staff could work with the staff of the Virginia Baptist Children's Home to bring the Board additional information which would detail what the plan would be to achieve the level of funding needed to complete the renovation of the first building if it is the Board's will. Mr. Taylor stated staff has discussed with Dr. Cobb the possibility of having to scale back the project based on the amount of funding received. He further stated that Petersburg is not far along in their process to be making allocations. Mr. Holland expressed appreciation to Dr. Cobb for the presentation to the Board. He stated the organization is doing an excellent job. Ms. Durfee stated she would have hesitation if she felt the Virginia Baptist Children's Home did not have a plan in place for the direction they want to go in the future. She stated she is happy to see the Virginia Baptist Children's Home moving in the direction as suggested by the Cameron Foundation. Dr. Cobb presented a summary of the Virginia Baptist Children's Home annual report, which included a summary. of the vision for the organization. 10-246 04/14/10 Ms. Jaeckle stated the Virginia Baptist Children's Homes has a wonderful vision for the organization. She expressed concerns relative to funding projects without a clear plan in place. She stated she would prefer to get information on the plan for the funding before the $100,000 is approved. In response to Mr. Gecker's questions, Dr. Cobb stated once the level of funding is available, the Virginia Baptist Children's Home will be able to provide a written plan. She further stated the organization will try to provide a written description to the Board in terms of where they are in obtaining funding. Mr. Taylor stated Petersburg will not be able to provide Dr. Cobb with an amount allocated to the Virginia Baptist Children's Home until mid-May. In response to Mr. Gecker's question, Dr. Cobb stated the Virginia Baptist Children's Home requested $100,000 each from Petersburg and the City of Hopewell. She further stated the organization's architect stated for $250,000 half of the project could be completed. Mr. Taylor stated he would like to work with Ms. Cobb over the next few weeks to formulate a plan and report back to the Board. Discussion ensued relative to the process for the adoption of a modified CDBG plan and the Board amending it at a later time. In response to Mr. Warren's question, Mr. Taylor stated a delay in approval of the request of the Virginia Baptist Children's Home would not negatively impact the City of Hopewell or Petersburg's decision. Mr. Holland withdrew his second of Ms. Durfee's motion. Ms. Jaeckle made a substitute motion, seconded by Mr. Gecker, for the Board to adopt the FY2011 Community Development Block Grant Program and the HOME Investment Partnerships Annual Plan, and leave the $100,000 recommended for the Virginia Baptist Children's Home unallocated. Mr. Warren stated he feels the project at the Virginia Baptist Children's Home should be funded, but he would support a deferral of their request for two weeks. Mr. Gecker stated the deferral of the Virginia Baptist Children's Home's request is not a suggestion that there is any dispersion cast on the project, it is a desire to have all of the pieces of the plan in place. Mr. Gecker then called for a vote on the substitute motion of Ms. Jaeckle, seconded by Mr. Gecker, for the Board to adopt the FY2011 Community Development Block Grant Program and the HOME Investment Partnerships Annual Plan and leave the $100,000 recommended for the Virginia Baptist Children's Home unallocated. Ayes: Gecker, Warren, and Jaeckle. Nays: Holland and Durfee. J J J 10-247 04/14/10 8.A.6. ADOPTION OF THE FY2011-FY2015 CAPITAL IMPROVEMENT PROGRAM AND CHANGES TO THE FY2010 CAPITAL IMPROVEMENT PROGRAM C 0 Mr. Carmody stated staff is requesting that the Board adopt the revised FY2011-FY2015 Capital Improvement Program. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the FY2011-FY2015 Capital Improvement Program and amendments to the FY2010 Capital Improvement Program, to include a $600,000 decrease in the schools Capital Improvement Program for 2011. In response to Mr. Gecker's question, Mr. Carmody provided details of the proposed change to the FY2011 Capital Improvement Program regarding the Circuit Court Expansion Project and the allocation of funds. In response to Mr. Gecker's question, Ms. Durfee stated she made the motion to reduce the schools Capital Improvement Program by $600,000 due to the discussions during the School Board Liaison Committee meetings regarding the project at Robious Middle School and whether part of the project should move forward regarding additional capacity. In response to Mr. Gecker's questions, Mr. Carmody stated removing $600,000 from the School Board's Capital Improvement Program would possibly result in the School Board amending their current FY2011 project list. He further stated the School Board could choose to not let a $600,000 decrease in funds affect Robious Middle School. In response to Mr. Warren's questions, Mr. Carmody stated the Robious Middle School project was a bond referendum project which was approved by the voters, approved in the Capital Improvement Program, and the bonds have been sold. He further stated the approval for the project did include a total of 300 seats of additional capacity. He stated it would be a decision of the School Board if the decrease of $600,000 in the FY2011 Capital Improvement Program would affect the Robious Middle School project. Mr. Warren stated he feels very strongly that when the voters approved the bond referendum for specific projects, it was clear to them what they were voting on. He further stated he would not like to put any of the projects approved by the bond referendum in jeopardy. Mr. Carmody stated the Board of Supervisors has the authority to appropriate funds for capital projects for the schools but does not have a project by project authority to appropriate funds. . Mr. Gecker stated the issue relative to the Robious Middle School expansion was raised last year and the Capital Improvement Program was deferred in order to give the Board time to investigate two projects. He further stated after meeting with the school division, the decision was made that the projects would move forward in the Capital Improvement Program. He stated speaking to the Robious Middle School project is an attempt to reduce funding to schools in the current year. He further stated the Board has already 10-248 04/14/10 .~ .t reduced funding to the schools enough in the current year. He stated the School Board has met the challenge that this Board put down and has cooperated very well going through the budget process. He further stated the School Board's Capital Improvement Program is pretty trimmed compared to what it was last year. He stated it is fundamentally wrong for the Board to try to change the Capital Improvement Program from last year. Mr. Holland stated a capital item is being referred to versus an operational item. Ms. Durfee expressed appreciation for the amount of time spent discussing the School Board's budget. She stated there have been discussions going on for sometime on different projects in the Capital Improvement Program. She further stated the Board of Supervisors has the responsibility for allocating funds to the School Board. She stated she supports the design for the science labs at Robious Middle and the renovation projects which are deemed critical. She further stated there have been discussions in the School Board Liaison Committee meetings about whether projects would be deemed a nicety or a necessity and the Robious Middle School project is not a necessity because the additional capacity is not needed. She stated as a Board of Supervisor member, decisions have to be made about allocation of funds for priorities and the Robious Middle School project is not a priority. She further stated after reviewing the growth data there is no justification that $600,000 should be spent. In response to Mr. Gecker's question, Mr. Carmody stated the Board of Supervisors has allocated the $600,000 being discussed relative to the Robious Middle School project, in the School Board FY2010 CIP. Mr. Gecker stated the Board of Supervisors asked the School Board to revisit the issue with the Robious Middle School project and the School Board provided solid rationale for the project. Ms. Durfee stated there is not solid rationale for the Robious Middle School project. She further stated all of the trailers at the school are not being utilized for students. She stated there are three options available to the School Board for Robious Middle School, they can keep the capacity at 114 percent; temporarily place the students in trailers and move them back into the school; or they can redistrict Midlothian and Providence Middle Schools which are at 80 percent capacity. Ms. Jaeckle stated if the $600,000 allocation is left with the school division, the options would still be available to choose from. She further stated the School Board felt that adding the classrooms on in conjunction with renovating the science labs would give the schools classrooms costing $600,000 which would ordinarily cost $2.1 million. Ms. Durfee stated she is just making a motion to reduce the county's allocation of money to the School Board by $600,000. Mr. Gecker stated the science classrooms at Robious Middle School are located internally in the building and do not currently work. He further stated the waterline for the 10-249 04/14/10 J J J classrooms is located under the building. He stated adding additional space and transferring the science classrooms to that space is the most economical way to repair the classrooms. u ^~ Ms. Durfee stated there were discussions in the School Board Liaison Committee about possibly not adding to the school but utilizing other options. Mr. Gecker made a substitute motion, seconded by Ms. Jaeckle, for the Board to adopt the FY2011-2015 Capital Improvement Program with revisions as presented to county projects and an increase of $1.8 million to the school CIP and also approval of changes to the FY2010 Capital Improvement Program to reduce the debt allocation of $832,500 in the Circuit court Expansion renovation project and increase the transfer from the county's general fund reserve for capital projects to the project key. Ayes: Gecker, Jaeckle, and Warren. Nays: Holland and Durfee. 8.A.7. ADOPTION OF THE FY2011-FY2012 BIENNIAL FINANCIAL PLAN Mr. Carmody stated staff is requesting that the Board adopt the proposed FY2011-FY2012 Biennial Financial Plan, as amended. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the FY2011-FY2012 biennial financial plan with revisions including a $600,000 decrease in the transfer to the schools capital improvement program. Mr. Micas stated if an item is denied at a meeting, it cannot be reconsidered until the next meeting. Mr. warren made a substitute motion, seconded by Mr. Holland, for the Board to adopt the FY2011-FY2012 biennial financial plan with revisions. Mr. Gecker stated today should be Budget Director day for the outstanding job which has been done going through the budget process. He expressed appreciation to staff for their hard work and dedication to the budget process. He stated when Mr. Carmody provides the Board with information he has 100 percent confidence in it. He expressed appreciation to the members of the Citizen's Budget Advisory Committee and to all of the citizens who have volunteered their time to assist with the budget process. He stated the Board is mindful of the human component of the budget and for the second year in a row the county employees will see no raises. He further stated the county needs to remain mindful of the need to remain competitive to maintain the quality workforce. He stated throughout the Budget and Audit process, the county has been able to focus cuts on administrative items and minimize the impact on our citizens. He further stated it is a goal of the Board to reshape and make the county government more efficient. He stated there will always be another dollar to save or a reorganization move which could be done. He further stated the budget process is ongoing. He stated there are substantial challenges for the county and the 10-250 04/14/10 school division going forward. He further stated the School Board has come a long way in terms of cooperating and recognizing how important of a part they play in this community. He stated public safety and the schools have driven the community to be First Choice and to allow either of those to falter would be a mistake. Mr. Gecker then called for a vote on the substitute motion of Mr. Warren, seconded by Mr. Holland, for the Board to adopt the FY2011-FY2012 biennial financial plan with revisions. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Holland stated the approval of the budget achieves his goal of not increasing taxes for the citizens. He further stated staff has done a great job with this budget. He stated the Board will continue to review all of the county's operations and encouraged the School Board to do the same. Mr. Warren expressed appreciation to Mr. Gecker and Mr. Holland for working with Mr. Carmody and Mr. Stegmaier to formulate the foundation of the budget. He further expressed appreciation to the citizens for offering options and alternatives to use fewer public dollars. He stated the spirit of cooperation makes Chesterfield County a wonderful place to live. Ms. Durfee stated the last several days have been uncertain for all involved in the budget process. She further stated when the Board took office, it was a consensus that the way business was done in the county would be fundamentally changed by right sizing the government. She expressed appreciation to Mr. Carmody, the Budget and Audit Committee, the Citizen's Budget Advisory Committee, the School Board Liaison Committee and all of the citizens who stepped up to assist with the budget. She stated the budget process for next year will begin very shortly. Ms. Jaeckle expressed appreciation to Mr. Carmody for listening and putting citizens first. She stated the Board needs to remember that their job is to first serve the citizens of Chesterfield County. Mr. Stegmaier expressed appreciation to Mr. Carmody and his staff for the countless hours they have put into the budget.., process and to the entire county staff for the creativity' used to get the budget to balance. He stated many of the creative ideas intiated in Chesterfield County have been utilized by localities around the state to balance budgets. He further stated the citizens of Chesterfield have been amazing in the quality of the correspondence he has received. He stated no Board of Supervisors has had to deal with a budget as challenging as this one and the Board has worked through a difficult process and come up with an exemplary solution to a fiscal crisis and made an example of how a governing body can come together to deliver services to the community. J J J 10-251 04/14/10 8.A.8. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2011 AND APPROVING FUNDS FOR FY2012 u ^it Mr. Carmody stated staff is requesting that the Board adopt a resolution appropriating funds for FY2011 and a tentative resolution appropriating funds for FY2012 for fiscal planning purposes. Ms. Durfee made a motion for the Board to adopt the resolution appropriating funds for FY2011 and approving funds for FY2012 with a $600,000 decrease in the allocation to schools. The motion failed for lack of a second. On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board adopted the following resolution: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2011 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 2010 and ending on the thirtieth day of June 2011, 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 a capital improvement program for the county. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2010, and due December 5, 2010, be appropriated for FY2011. FY2011 Adopted General Fund Estimated Revenue: Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, & Fees Fines, Forfeitures & Uses of Money & Property Service Charges Miscellaneous and Recovered Costs Other Agencies: State and Federal Other Financing Sources: Reserves Transfer from County Grants Fund Transfer from County Capital Projects Fund Transfer from Mental Health, Support Services Transfer from Vehicle & Communications Maintenance Fund $359,185,100 89,962,400 3,664,200 3,361,900 31,542,900 11,465,300 125,698,100 20,935,700 749,000 250,000 108,700 10-252 12, 000 04/14/10 Transfer from Water Operating Fund 592,200 Transfer from Wastewater Operating Fund 2,600 Anticipated Fund Balance 7/1/2010 53,495,000 Total Revenues $701,025,100 Appropriations: General Government $47,394,600 Administration of Justice 8,307,400 Public Safety 139,698,500 Public Works 16,454,000 Health & Welfare 66,601,300 Parks, Recreation, Cultural 17,559,400 Community Development 14,565,200 Debt Service 26,549,100 Operating Transfers 308,938,800 Reserves 1,461,800 Ending Fund Balance, 6/30/2011 53,495,000 Total General Fund: $701,025,100 *Plus encumbrances carried forward in not to exceed $15 million, which will the fiscal year beginning July 1, 2010. Comprehensive Services Fund Estimated Reimbursement, Colonial Revenue: Heights State Aid, Comprehensive Services State, Miscellaneous all funds in an amour be reappropriated in (See "Section 5") $150,000 Transfer from Social Services Transfer from Schools Transfer from General Fund Use of Retained Earnings Total Revenue Appropriations: Operating Expenses Total Appropriations School Operating Fund Estimated Revenue: Local Sources State Federal Transfer from School CIP Loan Proceeds Transfer from School Operating Transfer from School Food Service Use of Reserve Transfer from General Fund: State Sales Tax Local Taxes Prior Year Revenue Grounds Maintenance Total General Fund Beginning Fund Balance Total Revenues, Transfers & Reserves Appropriations: Instruction 10-253 4,404,800 150,000 445,200 1,197,100 2,294,900 207,100 $8,849,100 $8,849,100 $8,849,100 $22,479,800 211,524,150 38,224,500 1,300,000 248,100 645,150 1,000,000 1,524,700 $46,400,000 222,243,200 12;000,000 1,938,700 $282,581,900 1,000,000 $560,528,300 $366,663,326 04/14/10 J J J 0 U Administration, Attendance & 19,654,502 Health Pupil Transportation 28,128,293 Operations & Maintenance 57,962,877 Technology 10,075,119 Debt Service 47,694,500 Food Service 20,075,483 Grounds Maintenance 1,938,700 Transfer and Reserve for School Capital Projects 8,335,500 Total Appropriations $560,528,300 Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources $2,370,500 State 1,074,000 Beginning Fund Balance 187,500 Total Revenues, Transfers and Reserves $3,632,000 Appropriations Education $3,632,000 Total Appropriations $3,632,000 County Grants Fund Estimated Revenue: Other Government s $11,258,500 Transfer from General Fund 2,287,900 Use of Reserves 1,423,300 Total Revenue $14,969,700 Appropriations: Adult Drug Court $665,200 Clerk of the Circuit Court Technology Trust Fund 154,900 Community Corrections Services Domestic Violence Resource Center 99,800 Domestic Violence Victim Advocate (V-STOP) 54,700 Options 75,300 Post Trial 1,888,200 Pretrial Services 547,800 Dual Treatment Track 25,000 Community Development Block Grant 1,781,700 Community Services Board Part C 859,700 Domestic Violence Prosecutor 98,900 Families First 504,100 Fire & EMS Revenue Recovery 6,110,200 Juvenile Drug Court Grant 343,500 Litter Grant 26,000 Police Grants Domestic Violence Coordinator 45,000 USDA Juvenile Detention Grant 75,000 USDA Youth Group Home Grant 8,200 Victim/Witness Assistance 485,600 Virginia Juvenile Community Crime Act (VJCCCA) 1,120,900 Total Appropriations $14,969,700 ... . i. ~ f e~.. 10-254 04/14/10 County CIP Fund Estimated Revenue: Transfer from General Fund $12,902,600 General Obligation Bonds 6,129,000 Developer Contributions 1,082,200 Transfer from Cash Proffers 2,433,300 Grants 250,000 Other/Interest Earnings 800,000 Total Revenue $23,597,100 Appropriations: County Capital Projects $20,913,800 Transfer from Cash Proffer Fund 1,082,200 Transfer to Schools 1,351,100 Transfer to General Fund 250,000 Total County CIP Funds $23,597,100 Schools CIP Fund Estimated Revenue: CIP reserve $6,484,000 Bond Proceeds 10,700,000 Transfer from Cash Proffer Fund 1,351,100 State Technology Funds 1,851,500 Total Revenue and Transfers $20,386,600 Appropriations: School Capital Projects $20,386,600 Total Appropriations $20,386,600 Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges $15,763,000 Radio Shop Charges 2,606,900 Total Revenue $18,369,900 Appropriations: Fleet Management Operations $15,763,000 Radio Shop Operations 2,606,900 Total Appropriations $18,369,900 Capital Projects Management Fund Estimated Revenue: Reimbursement for Services $859,200 Total Revenue $859,200 Construction Management Appropriations: Operations $859,200 Total Appropriations $859,200 Risk Management Fund Estimated Revenue: Operating Revenues $6,845,000 Beginning Retained Earnings 4,900,000 Total Revenue $11,745,000 Appropriations: Risk Management Operations $7,295,000 Ending Retained Earnings 4,450,000 Total Appropriations $11,745,000 Airport Fund Estimated Revenue: State Grant $240,000 Operating Revenue 709,200 J J J 10-255 04/14/10 ^! ~"J Transfer from General Fund Total Revenue Appropriations: Airport Operations Airport Capital Improvements Total Appropriations Utilities Funds Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Other Revenue Total Revenue Appropriations: Operations Debt Service Transfer to Capital Projects Fund Payment in Lieu of Taxes Addition to retained earnings Total Appropriations Utilities Capital Project Funds Estimated Transfer from Revenue: Improvement/Replacement Fund Total Revenue Appropriations: Capital Projects Total Appropriations 60,000 $1,009,200 $709,200 300,000 $1,009,200 $66,957,000 12,317,000 589, 600 7,532,500 $87,396,100 $53,974,800 10,927,700 20,771,000 589,600 1, 133, 000 $87,396,100 $20,771,000 $20,771,000 $20,771,000 $20,771,000 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. Sec. 3 The County Administrator may, as provided herein, except as set f orth in Sections 7 , 12 , 13 , 14 , 15 , 16 and 18, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $50,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $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 10-256 04/14/10 which County funds have been expended to make repairs. b) Refunds or reimbursements made to the county for which the county has expended funds directly related to that refund or reimbursement. c) Revenue not to exceed $50,000. Sec. 5 All outstanding encumbrances, both operating and capital, in all county funds up to $15 million, at June 30, 2010 shall be an amendment to the adopted budget and shall be reappropriated to the 2011 fiscal year to the same department and account for which they were encumbered in the previous year. At the close of the fiscal year, all unencumbered appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction reserve for capital projects; reserves for county and school future capital projects; other reserves; 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; 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. 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. 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, the County Administrator is authorized to close the grant and J J J 10-257 04/14/10 transfer balances back to the funding source . The County Administrator 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. C u Sec. 9 The County Administrator may reduce revenue and expenditure -appropriations related to programs, functions, or departments funded all or in part by the Commonwealth of Virginia and/or the federal government to the level approved by the responsible state or federal agency. 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 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. Sec. 13 The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $50,000 for supplemental retirement, Workers' Compensation, healthcare for retirees and other compensation-related costs, as well as for transfers to cover energy/fuel costs. 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 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. 10-258 04/14/10 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. 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 reserve shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the reserve will be 500 of the previous year's depreciation on fixed assets. b) The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 1000 of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated .depreciation, 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 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 fund as follows: a) Transfers of $50,000 or less are subject to the approval of the Superintendent. J J J 10-259 04/14/10 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. ^! u 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 1000 tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 65o tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 65% 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. 10-260 04/14/10 And, further, the Board adopted the following resolution: A RESOLUTION TO APPROVE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2012 FOR FISCAL PLANNING PURPOSES 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 2011 and ending on the thirtieth day of June 2012, 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 a capital improvement program for the county. It is the intent of the Board of Supervisors that general property taxes levied on January 1, 2011, and due December 5, 2011, be appropriated for FY2012. FY2012 Approved General Fund Estimated Revenue: Local Sources: General Property Taxes $359,005,600 Other Local Taxes 92,535,400 Licenses, Permits, & Fees 3,664,200 Fines, Forfeitures & Uses of Money & Property 4,369,100 Service Charges 31,498,900 Miscellaneous and Recovered Costs 11,390,600 Other Agencies: State and Federal 126,846,300 Other Financing Sources: Reserves 18,508,200 Transfer from County Grants Fund 819,000 Transfer from County Capital Projects Fund 550,000 Transfer from Mental Health, Support Services 106,600 Transfer from Vehicle & Communications Maintenance Fund 12,300 Transfer from Water Operating Fund 592,300 Transfer from Wastewater Operating Fund 2,700 Anticipated Fund Balance 7/1/2011 53,495,000 Total Revenues $703,396,200 Appropriations: General Government $48,053,600 Administration of Justice 8,349,200 Public Safety 141,426,100 Public Works 16,654,200 Health & Welfare 67,352,700 Parks, Recreation, Cultural 17,997,100 Community Development 15,535,800 Debt Service 27,104,600 J J J 10-261 04/14/10 Operating Transfers 304,565,200 Reserves 2,862,700 Ending Fund Balance, 6/30/2012 53,495,000 Total General Fund: $703,396,200 *Plus encumbrances carried forward in all funds in an amount not to exceed $15 million, which will be reappropriated into the fiscal year beginning July 1, 2011. (See "Section 5") C Comprehensive Services Fund Reimbursement, Colonial Estimated Revenue: Heights $150,000 State Aid, Comprehensive Services 4,404,800 State, Miscellaneous 150,000 Transfer from Social Services 445,200 Transfer from Schools 1,197,100 Transfer from General Fund 2,294,900 Use of Retained Earnings 207,100 Total Revenue $8,849,100 Appropriations: Operating Expenses $8,849,100 Total Appropriations $8,849,100 School Operating Fund Estimated Revenue: Local Sources $22,479,800 State 212,224,750 Federal 30,254,300 Loan Proceeds 477,000 Transfer from School Operating 645,150 Transfer from School Food Service 1,000,000 Transfer from General Fund: State Sales Tax $47,328,000 Local Taxes 216,024,900 Prior Year Revenue 12,000,000 Grounds Maintenance 1,975,100 Total General Fund .$277,328,000 Beginning Fund Balance 1,000,000 Total Revenues, Transfers & Reserves $545,409,000 Appropriations: Instruction $351,575,237 Administration, Attendance & Health 19,452,946 Pupil Transportation 28,233,590 Operations & Maintenance 57,914,120 Technology 11,940,587 Debt Service 47,758,700 Food Service 20,074,720 Grounds Maintenance 1,975,100 Transfer and Reserve for School Capital Projects 6,484,000 Total Appropriations $545,409,000 Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources $2,370,500 10-262 04/14/10 State 1,074,000 Beginning Fund Balance 187,500 Total Revenues, Transfers and Reserves $3,632,000 Appropriations Education $3,632,000 Total Appropriations $3,632,000 County Grants Fund Estimated Revenue: Other Governments $11,195,100 Transfer from General Fund 2,408,900 Use of Reserves 100,000 Total Revenue $13,704,000 Appropriations: Adult Drug Court $637,400 Clerk of the Circuit Court Technology Trust Fund 154,900 Community Corrections Services Domestic Violence Resource Center 101,200 Domestic Violence Victim Advocate (V-STOP) 54,700 Options 77,000 Post Trial 1,926,500 Pretrial Services 556,700 Dual Treatment Track 25,000 Community Development Block Grant 1,781,700 Community Services Board Part C 713,000 Domestic Violence Prosecutor 98,900 Families First 515,000 Fire & EMS Revenue Recovery 4,940,.100 Juvenile Drug Court Grant 343,500 Litter Grant 26,000 Police Grants Domestic Violence Coordinator 45,000 USDA Juvenile Detention Grant 75,000 USDA Youth Group Home Grant 8,200 Victim/Witness Assistance 495,900 Virginia Juvenile Community Crime Act (VJCCCA) 1,128,300 Total Appropriations $13,704,000 County CIP Fund Transfer from General Estimated Revenue: Fund $13,741,800 General Obligation Bonds 6,842,400 Lease/Purchase Proceeds 1,500,000 Developer Contributions 137,600 Transfer from Cash Proffers 1,554,900 Grants 350,000 J J J 10-263 04/14/10 u Other/Interest Earnings Total Revenue Appropriations: County Capital Projects Transfer from Cash Proffer Fund Transfer to Schools Total County CIP Funds Schools CIP Fund Estimated Revenue: Appropriations CIP reserve Bond Proceeds Transfer from Cash Proffer Fund Total Revenue and Transfers School Capital Projects Total Appropriations Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges Radio Shop Charges Total Revenue Fleet Management Appropriations: Operations Radio Shop Operations Total Appropriations Capital Projects Management Fund Reimbursement for Estimated Revenue: Services Total Revenue Construction Management Appropriations: Operations Total Appropriations Risk Management Fund Estimated Revenue: Operating Revenues Beginning Retained Earnings Total Revenue Appropriations Airport Fund Estimated Revenue: Risk Management Operations Ending Retained Earnings Total Appropriations Operating Revenue Total Revenue Appropriations: Utilities Funds Airport Operations Total Appropriations Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection 10-264 550,000 $24,676,700 $22,571,800 137,600 1,417,300 550,000 $24,676,700 $6,484,000 23,851,100 1,417,300 $31,752,400 $31,752,400 $31,752,400 $15,763,000 2,204,200 $17,967,200 $15,763,000 2,204,200 $17,967,200 fiQ~a inn $~-iy, svo $879,500 $879,500 $6,861,700 4,450,000 $11,311,700 $7,311,700 4,000,000 $11,311,700 $712,400 $712,400 $712,400 $712,400 $66,957,000 20,372,000 589,600 04/14/10 Other Revenue Anticipated Future Revenue Total Revenue Appropriations: Operations Debt Service Transfer to Capital Projects Fund Payment in Lieu of Taxes Total Appropriations Utilities Capital Project Funds Transfer from Improvement/Replacement Estimated Revenue: Fund Total Revenue Appropriations: Capital Projects Total Appropriations 7,333,500 201,800 $95,453,900 $56,208,200 7,006,100 31,650,000 589,600 $95,453,900 $31,650,000 $31,650,000 $31,650,000 $31,650,000 Sec. 2 Appropriations in addition to those contained in the general appropriation resolution may be made by the Board only if there is available in the fund an unencumbered and unappropriated sum sufficient to meet such appropriations. Sec. 3 The County Administrator may, as provided herein, except as set forth in Sections 7, 12, 13, 14, 15, 16 and 18, authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department or appropriation category. The County Administrator may transfer up to $50,000 from the unencumbered appropriated balance of one appropriation category to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be transferred for the item does not exceed $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 to 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 $15 million, at June 3 0 , 2 011 shal l be an amendment to the adopted budget and shall be reappropriated to the 2012 fiscal year to the same department and account for which they were encumbered in the previous year. At 10-265 04/14/10 J J J C C the close of the fiscal year, all unencumbered appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction reserve for capital projects; reserves for county and school future capital projects; other reserves; 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; 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. 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. 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 100 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, the County Administrator is authorized to close the grant and transfer balances back to the funding source. The County Administrator 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, or departments funded all or in part by the Commonwealth of Virginia and/or the federal government to the level 10-266 04/14/10 approved by the responsible state or federal agency. 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 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. Sec. 13 The County Administrator is authorized to transfer among appropriation categories and/or appropriate funds in excess of $50,000 for supplemental retirement, Workers' Compensation, healthcare for retirees and other compensation-related costs, as well as for transfers to cover energy/fuel costs. 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 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 J J J 10-267 04/14/10 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. u 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 reserve shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the reserve will be 50a of the previous year's depreciation on fixed assets. b) The annual contribution to the reserve will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 1000 of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization reserve if the balance falls below 25% of that utility's fixed asset accumulated depreciation, 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 Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. u Sec. 20 Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure and revenue changes within the school fund 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 10-268 04/14/10 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 $20,0.00 will be eligible for 65% tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 65% 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. Ayes: Gecker, Holland, Jaeckle, and Warren. Nays: None. Abstain: Durfee. 8.B. APPOINTMENTS On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board suspended its rules to allow simultaneous nomination/ appointment of a member to serve on the Parks and Recreation Advisory Commission. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. J J J 10-269 04/14/10 8.B.1. PARKS AND RECREATION ADVISORY COMMISSION ~J On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board simultaneously nominated/appointed Mr. Robert J. Forman, representing the Bermuda District, to serve on the Parks and Recreation Advisory Commission, whose term shall be effective immediately and expires on December 31, 2011. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.C. STREETLIGHT INSTALLATION COST APPROVAL On motion of Mr. Warren, seconded by Ms. Durfee, the Board approved the following streetlight installation cost approval: CLOVER HILL DISTRICT: In the Walnut Grove Subdivision • Intersection of Chislet Drive and Chislet Mews Cost to install streetlight: $1,552.41 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D. CONSENT ITEMS 8.D.1. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a request for a music/entertainment festival permit for Chesterfield Berry Farm's Music Festival Series on Saturdays and Sundays from May 1, 2010 through June 6, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM u On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the Fire and EMS Department to receive and appropriate $116,856.00 in grant funds from the Department of Homeland Security, Assistance to Firefighters Grant Program for the purchase of structural firefighting gear. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.3. APPROVAL OF SPECIAL PROJECT SERVICE AGREEMENT FOR THE USED ELECTRONIC EQUIPMENT RECYCLING PROGRAM WITH THE CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Ms. Durfee, the Board authorized the County Administrator to sign a Special Service 10-270 04/14/10 Project Agreement for the used electronic equipment recycling program with Central Virginia Waste Management Authority. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.4. APPROVAL OF PERMITS TO STAGE FIREWORKS DISPLAYS 8.D.4.a. AT 70 BELLONA ARSENAL On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a permit for George Hoover to stage a fireworks display at 70 Bellona Arsenal, Midlothian, Virginia on July 4, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.4.b. AT THE SUNDAY PARK PENINSULA OF BRANDERMILL On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved a permit to stage a fireworks display at the Sunday Park Peninsula of Brandermill on July 3, 2010. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.5. ACCEPTANCE OF PARCELS OF LAND 8.D.5.a. ALONG GENITO ROAD FROM CLODFELTER PROPERTIES, LLC On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the conveyance of two parcels of land containing a total of 0.033 acres along Genito Road from Clodfelter Properties, 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.5.b. ALONG GENITO ROAD FROM L AND D PROPERTIES, LLC On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.03 acres along Genito Road from L & D Properties, 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.6. STATE ROAD ACCEPTANCE On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: J J J 10-271 04/14/10 WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and ^~ C WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets 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 street described below to the secondary system of state highways, pursuant to Section 33.1-229, 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: Thornsett, Remainder of Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Thadbury Boulevard, State Route Number 7489 Old Route Number: 0 From: Longmeadow Cr., (Rt. 5131) To: Rossington Bl., (Rt. 7483), a distance of: 0.15 miles. Recordation Reference: Pb. 162, Pg. 81 Right of Way width (feet) = 60 • Thadbury Boulevard, State Route Number 7489 Old Route Number: 0 From: Rossington B1., (Rt. 7483) To: Temp EOM, a distance of: 0.05 miles. Recordation Reference: Pb. 162, Pg. 81 Right of Way width (feet) = 60 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats 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 33.1-229, 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. 10-272 04/14/10 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: Westerleigh Section 1 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Cabretta Drive, State Route Number 7496 Old Route Number: 0 From: Westerleigh Py., (Rt. To: Cabretta Ct., (Rt. 74 Recordation Reference: Pb. Right of way width (feet) _ • Cabretta Court, State Old Route Number: 0 7495) 37), a distance of: 0.04 miles. 179, Pg. 95 50 Route Number 7497 From: Cabretta Dr., (Rt. 7496) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 179, Pg. 95 Right of Way width (feet) = 40 • Cabretta Drive, State Route Number 7496 Old Route Number: 0 From: Cabretta Ct., (Rt. 7497) To: Crestwycke Ct., (Rt. 7498), a distance of: 0.09 miles. Recordation Reference: Pb. 179, Pg. 95 Right of way width (feet) = 50 • Crestwycke Court, State Route Number 7498 Old Route Number: 0 From: Cabretta Dr., (Rt. 7496) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Pb. 179, Pg. 95 Right of Way width (feet) = 40 • Cabretta Drive, State Route Number 7496 Old Route Number: 0 From: Crestwycke Ct., (Rt. 7498) To: Winding Branch Rd., (Rt. 7499), a distance of: 0.10 miles. Recordation Reference: Pb. 179, Pg. 95 Right of way width (feet) = 50 • Winding Branch Road, State Route Number 7499 Old Route Number: 0 From: Cabretta Dr., (Rt. 7496) To: Cul-de-sac, a distance of: 0.18 miles. Recordation Reference: Pb. 179, Pg. 95 Right of Way width (feet) = 40 • Cabretta Drive, State Route Number 7496 Old Route Number: 0 From: Winding Branch Rd., (Rt. 7499) To: Temp EOM, a distance of: 0.01 miles. Recordation Reference: Pb. 179, Pg. 95 J J J 10-273 04/14/10 Right of Way width (feet) = 50 ^+~ And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats 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 street meets 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 street described below to the secondary system of state highways, pursuant to Section 33.1-229, 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: Westerleigh Parkway, Phase 1 Z~rpe Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Westerleigh Parkway, State Route Number 7495 Old Route Number: 0 From: Otterdale Rd., (Rt. 667) To: 0.08 miles west of Otterdale Rd., miles. Recordation Reference: Db. 7883, Pg. 563 Right of way width (feet) = 90 Old Route Number: 0 From: 0.08 miles west of Otterdale Rd., (Rt. 667) To: 0.11 miles west of Otterdale Rd., (Rt. 667), a distance of: 0.03 (Rt. 667), a distance of: 0.08 • Westerleigh Parkway, State Route Number 7495 miles. Recordation Reference: Db. 7883, Pg. 563 Right of Way width (feet) = 90 • Westerleigh Parkway, State Route Number 7495 Old Route Number: 0 From: 0.11 miles west of Otterdale Rd., (Rt. 667) To: Temp EOM, a distance of: 0.06 miles. Recordation Reference: Db. 7883, Pg. 563 Right of Way width (feet) = 90 Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-274 04/14/10 8.D.7. REQUESTS FOR PERMISSION 8.D.7.a. FROM WOODLAKE COMMUNITY ASSOCIATION, INCORPORATED FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN- FOOT DRAINAGE EASEMENT ACROSS PROPERTY ON HULL STREET ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the request for permission from Woodlake Community Association, Incorporated for a proposed fence to encroach within a 16-foot drainage easement across property at 14608 Hull Street Road, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.7.b. FROM HUNTER W. AND HEATHER L. FOGG FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOT 34, TARRINGTON, SECTION 12 On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the request for permission from Hunter W. and Heather L. Fogg for a proposed fence to encroach within a 16- foot drainage easement and an 8-foot easement across Lot 34, Tarrington, 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.7.c. FROM SAINT AUGUSTINE CATHOLIC CHURCH FOR EXISTING SIGNS AND PORTIONS OF PARKING LOT TO ENCROACH WITHIN COUNTY RIGHT OF WAY ALONG BEULAH ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the request for permission from Saint Augustine Catholic Church for existing signs and portions of parking lot to encroach within county right of way along Beulah Road, 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: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.7.d. FROM WESLEY CHAPEL UNITED METHODIST CHURCH FOR TWO STORM DRAINAGE PIPES TO ENCROACH WITHIN A VARIABLE WIDTH WATER EASEMENT AND COUNTY RIGHT OF WAY ALONG RIVER ROAD On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the request for permission from Wesley Chapel United Methodist Church for two storm drainage pipes to encroach within a variable width water easement and county right of way along River Road, subject to the execution of a license J J J 10-275 04/14/10 agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 8.D.8. AWARD OF CONSTRUCTION CONTRACT FOR THE SOUTHWEST CORRIDOR WATERLINE PHASE II, PART B PROJECT On motion of Mr. Holland, seconded by Ms. Durfee, the Board approved the construction contract with Piedmont Construction Company, LLC in the amount of $880,826.29 and authorized the County Administrator to execute the necessary documents. Ayes: Gecker, Holland, Jaeckle, warren, and Durfee. Nays: None. 8.D.9. ADOPTION OF RESOLUTION RECOGNIZING MR. GEORGE A. SEwARD, UTILITIES DEPARTMENT, UPON HIS RETIREMENT 0 0 On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Mr. George A. Seward has served the County of Chesterfield as a faithful employee of the Utilities Department since his original hiring on April 10, 1995; and WHEREAS, the expertise developed by Mr. Seward during his tenure as a Utility TV Technician has enabled him to make significant contributions to the operations of the Wastewater Collections section; and WHEREAS, Mr. Seward was instrumental in the reduction of inflow and infiltration pertaining to Chesterfield County Utilities wastewater collection system; and WHEREAS, Mr. Seward has willingly shared his knowledge and expertise with his developing colleagues to aid them in their growth and development; and WHEREAS, Mr. Seward has always presented the citizens of Chesterfield County with the highest level of customer service, his positive attitude and willingness to provide the highest level of customer satisfaction reflects positively on Chesterfield County's workforce; and WHEREAS, Mr. Seward's likeable personality and dedicated work ethic has earned him the respect and admiration of his colleagues. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. George A. Seward for his outstanding contributions, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-276 04/14/10 8.D.10. ADOPTION OF RESOLUTION RECOGNIZING MS. ANN DUFFER FOR HER CONTRIBUTIONS TO CHESTERFIELD COUNTY On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, Ms. Ann Duffer is a highly respected Chesterfield County resident; and WHEREAS, she has distinguished herself as an advocate for the county's senior residents; and WHEREAS, Ms. Duffer was the driving force behind the establishment of a new senior center after the closure of the Featherstone senior center; and WHEREAS, Ms. Duffer helped guide the development of the new senior center, and opened the door to her own home as a meeting place for nearly two years as a task force met to plan the new senior center; and WHEREAS, on April 1, 2006, Ms. Duffer used the occasion of her 75th birthday party as a fundraiser, with all the money raised going toward the costs of establishing a new senior center; and WHEREAS, as the task force meetings progressed, Ms. Duffer suggested that the group should become a nonprofit organization; and WHEREAS, Ms. Duffer, as she had done in the past with numerous other expenses, selflessly offered to pay for the cost of forming a nonprofit organization; and WHEREAS, in large part due to the generosity, inspiration and leadership of Ms. Duffer, the Chesterfield Senior Center became a registered nonprofit organization on September 27, 2007; and WHEREAS, on February 14, 2008, the Chesterfield Senior Center was notified that its tax-exempt status was formally approved; and WHEREAS, Ms. Duffer then paid for the purchase of a computer and Internet service for the Chesterfield Senior Center; and WHEREAS, with the establishment of a Board of Directors for the Chesterfield Senior Center, Ms. Duffer was elected board secretary, and held that position until her declining health made it necessary for her to resign; and WHEREAS, Ms. Duffer continues to assist the Chesterfield Senior Center, which owes its existence to her vision, energy and altruistic spirit. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, hereby recognizes Ms. Ann Duffer as an outstanding citizen and treasured resident of Chesterfield County whose leadership and generosity will long be remembered; thanks her J J J 10-277 04/14/10 for her many contributions to the betterment of quality of life for the county's seniors; and extends its sincere appreciation to Ms. Duffer for all she has done for others in her community; and be it further resolved that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ^i u Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Durfee, the Board accepted the following reports: A Report on Developer Water and Sewer Contracts and A Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Holland, Jaeckle, warren, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Reconvening: 12. INVOCATION Imam Ammar Amonette, Islamic Center of Virginia, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Allan Carmody, Director of Budget and Management, led the Pledge of Allegiance to the Flag of the United States of America. 10-278 04/14/10 14. RESOLUTIONS 14.A. RECOGNIZING MISS CHESTERFIELD 2010 SCHOLARSHIP PAGEANT WINNERS Mr. Kappel introduced Miss Victoria Maiden, Miss Chesterfield; Miss Courtney Jamison, Miss Chesterfield Outstanding Teen; Miss Madison Scherrer, Miss Chesterfield Outstanding Preteen; Miss Korina Diane Singh, Little Miss Chesterfield; and Miss Gia Victoria Singh, Mini Miss Chesterfield, who were present to receive their resolutions. 14.A.1. MISS VICTORIA MAIDEN, MISS CHESTERFIELD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2010 Miss Chesterfield Pageant was conducted on Saturday, January 9, 2010 at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Victoria Maiden was selected as the 2010 Miss Chesterfield; and WHEREAS, Miss Maiden is a 19-year-old Liberal Arts major at Piedmont Virginia Community College; and WHEREAS, she is a feature baton twirler for the University of Virginia and plans to transfer to the university next spring; and WHEREAS, among her many activities, Miss Maiden has worked as a Haiti Relief fundraiser, is active in the Newspaper Club and has helped organize Clean Hikes as a member of the Volunteer Club; and WHEREAS, Miss Maiden also has helped raise hundreds of dollars for the Children's Miracle Network; and WHEREAS, she also volunteers for Water Missions International, an organization that sends clean drinking water to people in countries affected by disasters; and WHEREAS, Miss Maiden supports, through her volunteer efforts, Girl Scouts, Girls Inc. and the Royalettes Baton Corps; and WHEREAS, she plans to major in English with a minor in Journalism and hopes to someday be a television news anchor; and WHEREAS, Miss Maiden's personal platform is "Redefining Beauty," and she is working to counter the negative stereotypes in the media that show unobtainable results through electronically altered images. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Victoria Maiden, congratulates her on being named Miss Chesterfield 2010, extends best wishes for continued success in her academic pursuits, and is proud to have her bear the title of Miss Chesterfield as she continues with her higher education. J J J 10-279 04/14/10 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Maiden, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 14.A.2. MISS COURTNEY JAMISON, MISS CHESTERFIELD OUTSTANDING TEEN On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2010 Miss Chesterfield Pageant was conducted on Saturday, January 9, 2010 at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Courtney Jamison was selected as Miss Chesterfield's Outstanding Teen 2010; and WHEREAS, Miss Jamison is a 16-year-old junior at the Maggie Walker Governor's School; and WHEREAS, she is a member of the National Honor Society; and ^i WHEREAS, Miss Jamison is also a Student Ambassador and Teen Achiever of Jack and Jill America, Inc.; and WHEREAS, she is a National Association of High School Scholars member; and C WHEREAS, she is also an accomplished pianist, a talented dancer and vocalist; and WHEREAS, Miss Jamison maintains a grade point average of 4.8 at Maggie Walker Governor's School; and WHEREAS, she donates many hours of her time as a volunteer for various community-service. projects; and WHEREAS, Miss Jamison has helped develop the Desire to Inspire Mentorship Program; and WHEREAS, she encourages her peers to reach their. goals by making good life choices and by committing to the work ethics needed to achieve success. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Courtney Jamison, congratulates her on being named Miss Chesterfield's Outstanding Teen 2010, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Jamison, and that this 10-280 04/14/10 resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 14.A.3. MISS MADISON SCHERRER, MISS CHESTERFIELD OUTSTANDING PRETEEN On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2010 Miss Chesterfield Pageant was conducted on Saturday, January 9, 2010 at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Madison Scherrer was selected as Miss Chesterfield's Outstanding Preteen 2010; and WHEREAS, Miss Scherrer is an 11-year-old 6th-grade honor student at Manchester Middle School; and WHEREAS, she is the daughter of Tammy and Brian Scherrer of Chesterfield; and WHEREAS, Miss Scherrer has earned Distinguished Honor Roll status at Manchester Middle School; and WHEREAS, she also has received the Accelerated Reader Award and currently is cast in the 2010 Spring Musical, Once on this Island; and WHEREAS, Miss Scherrer is a competitive gymnast and is competing as a Level 5 athlete, and she also takes dance classes in ballet and jazz; and WHEREAS, she donates many hours of her time as a volunteer for various community-service projects, including performances at nursing homes; and WHEREAS, Miss Scherrer's community-service platform is "Love of Reading," and in this regard, she has worked diligently to promote the benefits of reading; and WHEREAS, she has sponsored several book drives and has collected more than 1,000 books; and WHEREAS, Miss Scherrer has donated the books to local elementary schools, pediatricians' offices, day care centers, and other locations; and WHEREAS, she also has volunteered for the Queens of Green park-clean up effort, and helped collect more than 150 pounds of recyclables. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Madison Scherrer, congratulates her on being named Miss Chesterfield's Outstanding Preteen 2010, and extends best wishes for continued success in her academic pursuits. J J J 10-281 04/14/10 AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Scherrer, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. ^+I~ Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 14.A.4. MISS KORINA DIANE SINGH, LITTLE MISS CHESTERFIELD On motion of Mr. Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2010 Miss Chesterfield Pageant was conducted on Saturday, January 9, 2010 at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Korina Diane Singh was selected as Miss Chesterfield's Little Miss 2010; and WHEREAS, Miss Singh is a 7-year-old second grade student at Greenfield Elementary School; and WHEREAS, Miss Singh maintains an A average; and ^* WHEREAS, she is the daughter of Tony and Erica Singh of Chesterfield; and WHEREAS, Miss Singh is a competitive baton twirler; and WHEREAS, she currently is the reigning Tiny Tot Miss Majorette of Virginia; and WHEREAS, Miss Singh competed in the Miss Majorette of America pageant in July 2009 and placed 9th overall; and WHEREAS, she hopes to attend the University of Virginia and become a Wahoo feature twirler while studying to become an architect; and WHEREAS, Miss Singh enjoys playing with her friends, reading and spending time with her family; and WHEREAS, she is an outstanding young representative of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Korina Diane Singh, congratulates her on being named Miss Chesterfield's Little Miss 2010, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Singh, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 10-282 04/14/10 15.A.5. MISS GIA VICTORIA SINGH, MINI MISS CHESTERFIELD On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2010 Miss Chesterfield Pageant was conducted on Saturday, January 9, 2010 at Cosby High School; and WHEREAS, the pageant recognizes outstanding, talented young women in our communities; and WHEREAS, Miss Gia Victoria Singh was selected as Miss Chesterfield's Mini Miss 2010; and WHEREAS, Miss Singh is the daughter of Tony and Erica Singh of Chesterfield; and WHEREAS, Miss Singh is a 6-year-old kindergartener at Greenfield Elementary School; and WHEREAS, she enjoys school and loves her teacher, Mrs. Franz; and WHEREAS, Miss Singh is a competitive baton twirler and swimmer; and WHEREAS, she would like to attend the University of Virginia and become a Wahoo feature twirler with her older sister, Korina; and WHEREAS, Miss Singh enjoys playing with her friends, making cards for her mother, and spending time with her family; and WHEREAS, she is an outstanding young representative of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Gia Victoria Singh, congratulates her on being named Miss Chesterfield's Mini Miss 2010, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Singh, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Durfee presented the executed resolutions to the Miss Chesterfield Scholarship Pageant winners, expressed appreciation for their representation of Chesterfield County, congratulated them on their achievements and wished them well in future endeavors. Miss Maiden, Miss Jamison, Miss Scherrer, Miss Korina Singh, and Miss Gia Singh each provided details of projects or events they have taken part in since being crowned. J J J 10-283 04/14/10 14.B. RECOGNIZING MISS LAUREN TAYLOR DURFEE, MISS JUNIOR VIRGINIA TEEN 2009 ^i C Mr. Kappel introduced Miss Lauren Taylor Durfee, who was present to receive her resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the 2009 Miss Virginia Coed Pageant was conducted in July 2009 in Richmond, Virginia; and WHEREAS, the pageant recognizes outstanding young women in our communities; and WHEREAS, Miss Lauren Taylor Durfee was selected as the 2009 Miss Junior Virginia Teen and went on to compete in the Miss American Coed Pageant in Orlando, Florida; and WHEREAS, Miss Durfee is a 17-year-old junior at Cosby High School; and WHEREAS, she is an Honor Roll student who currently takes AP History and Calculus courses; and WHEREAS, Miss Durfee has consistently achieved perfect attendance through all of her school years; and WHEREAS, among her many activities, Miss Durfee volunteers for the Virginia Food Bank, is Vice President of the Cooking Club and a member of both the Fashion Club and Spanish Club, and was a greeter for the Chesterfield Chamber of Commerce's Oscar Night; and WHEREAS, she played junior varsity volleyball and lettered in track; and WHEREAS, Miss Durfee received confirmation from. the Episcopal Church of the Redeemer and attends the "Crazy Love" Bible Study; and WHEREAS, she worked at the Brandermill Woods Retirement Center and currently is a hostess at Ocean Breeze Restaurant; and WHEREAS, Miss Durfee was a Distributive Education Clubs of America (DECA) state finalist in the category of restaurant and food service management; and WHEREAS, she plans to major in Business and Marketing and aspires to attend Penn State University; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes the exemplary achievements of Miss Lauren Taylor Durfee, congratulates her on being named Miss Junior Virginia Teen 2009, and extends best wishes for continued success in her academic pursuits. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Miss Durfee, and that this 10-284 04/14/10 resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Ms. Durfee presented the executed resolution to Miss Durfee, expressed appreciation for her representation of Chesterfield County, congratulated her on her achievements and wished her well in future endeavors. Miss Durfee expressed appreciation for the recognition. 14.C. RECOGNIZING APRIL 19-23, 2010, AS "CHESTERFIELD COUNTY CLASSICS WEEK" Mr. Kappel introduced Ms. Cat Goergen, First Vice-President of the Midlothian High School Latin Club, who was present, along with her father, to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the National Junior Classical League was founded in 1936 to encourage an interest in and an appreciation of the language, literature and culture of ancient Greece and Rome; and WHEREAS, throughout Chesterfield County, there are 1,762 students studying Latin and there are 13 chapters of the Junior Classical League, comprised of 750 middle and high school Latin, Greek and Classics pupils; and WHEREAS, the Virginia Junior Classical League is a long- time affiliate of the American Classical League, founded in 1919 for the purpose of fostering the study of classical languages in the United States and Canada; and WHEREAS, Chesterfield County's Junior Classical League chapters are tangibly involved in the educational needs of their student members and are committed to a better future for their students and the community, through active participation in service and outreach projects; and WHEREAS, Chesterfield County's Junior Classical League!, members believe that the Classics continue to hold a vital'. and significant place in today's culture; and the Chesterfield Junior Classical League chapters, comprised of students and teachers, believe that continued emphasis on the study of the Classics is essential, if appreciation of the Classics in language, arts, and Western culture is to remain strong and valuable; and WHEREAS, "Chesterfield County Classics Week" is held in commemoration of the traditional anniversary of the founding of ancient Rome; and WHEREAS, Chesterfield County recognizes the relevance of Classical culture upon its own unique history, the wide interest that countless Chesterfield citizens hold for the Classics, and the advantages that a study of the Classical world offers to all students. J J J 10-285 04/14/10 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 14th day of April 2010, publicly recognizes April 19-23, 2010, as "Chesterfield County Classics Week," and calls this observance to the attention of its citizens. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. Mr. Gecker presented the executed resolution to Ms. Goergen, and expressed appreciation for her representation of Chesterfield County. Ms. Goergen expressed appreciation for the recognition and provided an explanation of what the Junior Classical League does for the community. Mr. Pete Goergen expressed appreciation to Ms. Robinson and Ms. Peterson for mentoring the Latin students at Midlothian High School. Mr. Stegmaier expressed appreciation to the Midlothian High School Latin Club for their continued support of Latin in the county schools. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 16. PUBLIC HEARINGS 16.A. TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY CODE RELATING TO THE DEFINITION OF KENNEL AND LICENSE TAXES ON KENNELS Mr. Micas stated the following date and time had been advertised for the Board to consider proposed amendments to the County Code relating to the definition of kennel and license taxes on kennels. Mr. Gecker called for public comment. There being no one to address the issue, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, 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 4-21 AND 4-36 RELATING TO DEFINITION OF KENNEL AND LICENSE TAXES ON KENNELS C BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 4 - 21 and 4 - 3 6 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 4-21. Definitions. 0 0 0 10-286 04/14/10 Kennel: An enclosure in compliance with chapter 19 in which four or more dogs, four months or older, are kept and from which they cannot escape. 0 0 0 Sec. 4-36. License taxes--Amounts; exception. (a) The following license taxes are hereby levied: (1) Male or female dog: $7.00. (2) Unsexed male or female dog: $5.00 upon presentation of a veterinarian's certificate certifying that the dog is unsexed or, if such certificate is unattainable, a written statement from the owner certifying that the dog is unsexed. (3) Kennel: For between four and 20 dogs, $25.00. (4) Kennel: For between 21 and 50 dogs, $35.00. 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.B. TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY CODE RELATING TO FEES FOR ADOPTION OF STERILIZED ANIMALS FROM THE CHESTERFIELD COUNTY ANIMAL SHELTER AND TRANSFER OF ANIMALS TO ANIMAL RESCUE OR HUMANE SOCIETIES Captain Steve Neal, Commander of the Support Services Division, stated this date and time had been advertised for the Board to consider proposed amendments to the County Code relating to fees for adoption of sterilized animals from the Chesterfield County Animal Shelter and transfer of animals to animal rescue or humane societies. Mr. Gecker called for public comment. Mr. Steven Hudson, a county resident, stated increasing the fees for adoption of animals from the animal shelter will not increase the rate of adoption. There being no one else to address the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Ms. Durfee, 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 4-25 RELATING TO FEES FOR ADOPTION OF STERILIZED ANIMALS AND TRANSFER OF ANIMALS TO ANIMAL RESCUE OR HUMANE SOCIETIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: J J J 10-287 04/14/10 (1) That Section 4-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 4-25. Confinement and disposition of animals; animal shelter; redemption by owner; shelter charges. 0 0 0 (c) Any member of the public adopting a sterilized dog or cat from the animal shelter shall pay a fee of $60.00 which shall be disposed of in the same manner as dog license taxes. Such adoption will include the provision of any initial rabies vaccination as required by applicable law. No fee will be charged for transfers of unsterilized animals to any animal rescue or humane society validly designated as a non-profit 501(c)(3) organization under applicable law. (d) At any time after the confinement period for the animal expires and the animal has not been claimed, it may be (i) euthanized by one of the methods approved by the state veterinarian and the animal warden shall cremate, bury or sanitarily dispose of same; (ii) disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business in the commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; (iii) delivered to any humane society or animal shelter within the commonwealth; (iv) delivered to any person who is a resident of the county who will pay the required license tax and adoption fee for such animal; (v) delivered to a non-county resident who pays the required adoption fee; or (vi).delivered for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter: (1) maintains records that comply with Code of Virginia, § 3.2-6557; (2) requires that adopted dogs and cats be sterilized; and (3) has been approved by the state veterinarian, or his .designee, as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia. 0 0 0 u (2) That this ordinance shall become effective upon certification by the County Administrator that a spay and neuter service contract has been duly executed and that such date shall be included in the County Code. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.C. TO CONSIDER SITING APPROVAL FOR THE DOMINION VIRGINIA POWER INDUSTRIAL LANDFILL Mr. Charlie Dane stated this date and time had been advertised for the Board to consider siting approval for the Dominion Virginia Power Industrial Landfill. 10-288 04/14/10 Mr. Warren stated as the Assistant Director of the Preparedness Division and Manager of the Radiological Emergency Response Planning Program for the Virginia Department of Emergency Management, he works with Dominion Virginia Power on a daily basis; declared a conflict; and excused himself from the room. Mr. Gecker called for public comment. Mr. Glen Besa, a county resident, requested the Board delay action on the request to allow more time review it. He stated the EPA is expected to make a ruling on how coal combustion waste is handled. Mr. Brennan Keene, the applicant's representative, stated the proposed construction schedule is expected to start in 2015 and 2018 is the target date for completion. He further stated the Board is simply considering whether the applicant has met the minimum standard for submission to the county as to whether this would be appropriate siting for the landfill. He stated the DEQ process is sufficient to review what will be done with the facility. There being no one else to address the request, the public hearing was closed. In response to Ms. Durfee's question, Mr. Keene stated the applicant is unable to have any discussions with DEQ until an application has been filed and the application cannot be filed until siting approval is received from the county. Mr. Dan McGrath, with Gold Engineers, stated groundwater monitoring at the site commenced in the summer of 2007, and has made 13 rounds of samples which have been collected for statistical analysis. He further stated the DEQ requires eight samples to be collected. He stated the additional samples will be used to develop a statistical background for the site for any future groundwater incursions. Ms. Durfee stated the decision the Board is making on this request is separate from any decisions which would be made by DEQ regarding the site. She further stated the applicant will have to go through a more rigorous application process for the DEQ. In response to Mr. Gecker's question, Mr. Micas stated if the request is approved at this meeting, the applicant would be bound to any future regulations imposed by the EPA. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the siting, and management and disposal of waste material, for the proposed industrial landfill at the Dominion Virginia Power Dutch Gap Power Generation Facility under Section 11-92 of the County Code. Ayes: Gecker, Holland, Jaeckle, and Durfee. Nays: None. Absent: Warren. Mr. Warren returned to the meeting. J J J 10-289 04/14/10 16.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR A TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR THE HAPPY HILL ROAD IMPROVEMENT PROJECT C~ 0 Mr. Dupler stated an agreement has been reached with the landowner for this request so a public hearing is not needed. Ms. Jaeckle expressed appreciation to Ms. Barbara Smith for working hard to reach the agreement with the landowner. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board canceled the public hearing scheduled to consider the exercise of eminent domain for a temporary construction easement and permanent drainage and utility easements for the Happy Hill Road Improvement Project. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A MAP OF OAK DALE SUBDIVISION Mr. Dupler stated this date and time had been advertised for the Board to consider an ordinance to vacate a portion of a map of Oak Dale Subdivision. Mr. Gecker called for public comment. There being no one else to address this request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JAMESTOWNE BUILDERS, INC., a Virginia corporation, ("GRANTEE"), a portion of a Map of Oak Dale Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 7, at Page 52. u WHEREAS, JAMESTOWNE BUILDERS, INC., petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a Map of Oak Dale Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 7, Page 52, by W.W. LAPRADE & BROS., dated SEPTEMBER 16, 1929. The portion of subdivision petitioned to be vacated is more fully described as follows: A portion of a Map of Oak Dale Subdivision, the location of which is more fully shown on a plat made by HARVEY L. PARKS, INC., dated OCTOBER 6, 2005, a 10-290 04/14/10 copy of which is attached hereto. and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of subdivision sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of subdivision be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of subdivision hereby vacated in the property owner free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JAMESTOWNE BUILDERS, INC., a Virginia corporation, or its successors in title, as GRANTEE. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. 16.F. TO CONSIDER THE LEASING OF SPACE ON THE CLOVER HILL WATER TANK Mr. Dupler stated this date and time had been advertised for the Board to consider the leasing of space on the Clover Hill Water Tank. Mr. Gecker called for public comment. There being no one else to address this request, the public hearing was closed. In response to Mr. Gecker's question, Mr. Harmon stated value for lease rents is established through the county's radio consultant. He further stated $24,000 a year is in the high end of market value for the area. On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board approved the leasing of space on the County's Clover Hill Water Tank to Clear Wireless, LLC. Ayes: Holland, Jaeckle, Durfee, Warren, and Gecker. Nays: None. J J J 10-291 04/14/10 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS u ~"~ There were no speakers at this time. 18. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:24 p.m. to April 28, 2010 at 3:00 p.m. Ayes: Gecker, Holland, Jaeckle, Warren, and Durfee. Nays: None. a s J Stegmai r C my A ministrator CSC--~ Gl . ~ Daniel~A. Gecker Chairman 10-292 04/14/10