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2011-04-13 MinutesBOARD OF SUPERVISORS MINUTES April 13, 2011 Supervisors in Attendance: Staff in Attendance: Mr. Arthur S. Warren, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. James M. Holland Dr. Sheryl Bailey, Dep. Ms. Marleen K. Durfee County Administrator, Mr. Daniel A. Gecker Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Mr. Kevin Bruny, Dir., Center for Organizational Excellence Others in Attendance: Ms. Debbie Burcham, Exec. Dir., Community Mr. David Myers, Asst. Services Board Supt. of Schools for Mr. Allan Carmody, Dir., Business and Finance Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Richard Cordle, Treasurer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Duple r, Interim Dep. Co. Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Mary Martin Selby, Dir., Human Resource Services Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney 11-205 Mr. Glen Peterson, Dir., Community Correction Services Sheriff Dennis Proffitt, Sheriff's Department Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Interim Dir Building Inspection Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Warren called the regularly scheduled meeting to order at 3.01 p.m. 1. APPROVAL OF MINUTES FOR MARCH 23, 2011 On motion of Mr. Gecker, seconded by Mr. Holland, the Board moved the approval of the minutes of March 23, 2011, to the evening agenda. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier announced that recently the Sheriffs' Office received re-accreditation from The Virginia Law Enforcement Professional Standards Commission (VLEPSC). He recognized Sheriff Proffitt and representatives from VLEPSC. Mr. Warren expressed appreciation to the Sheriffs' Office, staff in Public Safety and those representatives of VLEPSC for their efforts towards the re-accreditation. • Mr. Stegmaier reported that the Fitch Ratings agency has affirmed the Chesterfield County Utilities Department's triple-A bond rating. He stated Chesterfield County Utilities is one of only three utilities in the nation to have achieved triple-A ratings on its revenue bonds from each of the three top rating services, Fitch Ratings, Moody's Investors Services and Standard and Poor's. • Mr. Stegmaier recognized the Department of Fire and Emergency Medical Services, Division of Emergency Management for their efforts in re-certifying Chesterfield County as a National Weather Service "Storm Ready" community. J J 11-206 • Mr. Stegmaier announced that the U.S. Postal Service affirmed a date and approval of the official request for changes in alternative mailing addresses for certain ZIP Codes in the county that have names associated with other localities. Mr. Warren requested that the public be informed and suggested holding future public meetings in the individual districts impacted by the ZIP Code changes. 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 added Item 8.C.14., Adoption of Resolution Recognizing April 21, 2011, as "PowerTalk 21T"" Day" in Chesterfield County; and added Item 14.E., Resolution Recognizing April 18-22, 2011, as "Chesterfield County Classics Week." Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 5. RESOLUTIONS 5.A. RECOGNIZING APRIL 24-30, 2011, AS "ADMINISTRATIVE PROFESSIONALS WEEK" Mr. Kappel introduced Ms. Amber Cary, President of the Tri- City Chapter IAAP and members of the Tri-City 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 2011" is "This Year Celebrate All Office Professionals," 11-207 reflecting how, due to the recent downturn in the economy and the extra workload carried by all office professionals in workplaces around the globe, administrative professionals worldwide open this year's celebration to all office professionals. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, publicly recognizes the week of April 24-30, 2011, as "Administrative Professionals Week," and Wednesday, April 27th as "Administrative Professionals Day" in Chesterfield County, saluting the valuable contributions of administrative professionals and all office 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. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution and expressed appreciation for all of the hard work that administrative professionals do on a daily basis. Mr. Stegmaier expressed appreciation for the hard work of administrative professionals in the county. Each member introduced themselves. and their current position with the county. 6. WORK SESSIONS 6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2012 BUDGET, THE PROPOSED FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED FY2012-FY2016 CAPITAL IMPROVEMENT PROGRAM AND OTHER ORDINANCE CHANGES Mr. Carmody presented a summary of changes to the FY2012 Financial Plan, including additional resources for longstanding Board priorities; changes in response to state actions, shifting economic sands; reallocation of CDBG funds; and an amended school plan to reflect the result of General Assembly deliberations. He stated there are no recommended changes to the capital funding plan. He provided details regarding general fund adjustments noting the additional resources for public safety and tax relief. He stated the public safety amount of $663,000 is proposed for line of duty coverage and fire training and public education. He further stated the tax relief of $500,000 is proposed for 100 percent disabled veterans, which is a local responsibility. He stated $431,000 is being proposed for additional expenses, including fuel contingency, IT training and community contracts. He further stated there is a total of approximately $1.6 million in expenditure changes. He reviewed Community Development Block Grant changes, including no net change in overall CDBG funding; additional funds for streetscape improvements along Chesterfield Avenue and Jefferson Davis Highway; resources for foreclosure assistance; funding for the Mill House Brain Injury Program and the Better Housing Coalition; and a J J J 11-208 reduction in resources for the Carver sidewalk project and the Healing Place. He provided revisions to the school Financial Plan stating the General Assembly provided additional revenue and expenditure savings for the school division via VRS changes; $385,000 was requested for instructional uses; changes also allow $2.1 million to be set aside for the FY2013 budget; and the School operating budget was revised at $522.1 million. He stated overall changes in the FY2012 consolidated budget result in a mild decline from the amount originally proposed. In closing, he expressed appreciation to the Board of Supervisors for an active discussion and willingness to work with the citizens and staff. He also recognized the Budget staff for their efforts in developing the budget. Mr. Gecker commended Mr. Carmody and his staff for their positive hard work and diligence regarding the accuracy of the budget forecast. He stated the surplus was being used year after year in declining amounts to fund success of budgets through the length of the recession. In response to Mr. Gecker's question regarding reducing funds, one time reduction in services and decline in property assessments, Mr. Carmody stated the existing level of services will be maintained without increasing revenue through FY2014. Mr. Gecker stated the budget projections include the ability for the local side to make up a substantial portion of the projected deficit due to the loss of one-time monies in FY2013. He further stated the financial plan is a studied document geared toward achieving a very specific result. He noted he is very pleased with the proposal. Mr. Holland expressed appreciation to Mr. Carmody, staff and Mr. Stegmaier for a tremendous job with the budget proposal. He stated hard work and diligence that was practiced years ago has helped with today's continued success and recovery. He further noted the graciousness of not impacting the school system with a loss of funding. He requested that staff provide a summary of percentage totals in regards to the school budget. In response to Mr. Holland's question regarding tax relief for disabled veterans, Mr. Carmody stated this is the first year the state has mandated it and it will become effective in the current calendar year. Ms. Durfee commended Mr. Carmody, staff and the Citizen's Budget Advisory Committee for their continued hard work in terms of moving forward, transforming government and setting priorities. She stated the Board needs to be guarded and cautious in regards to the future of personal property taxes. Ms. Jaeckle expressed appreciation to Mr. Carmody and his staff for balancing the dollars to accommodate the Board's needs. She expressed concerns with declining personal property taxes and consumer spending. Mr. Stegmaier expressed appreciation for the Board's accomplishments in terms of right-sizing government. He recognized Mr. Carmody, Budget staff, directors and county staff for their outstanding efforts. 11-209 7. DEFERRED ITEMS There were no Deferred Items scheduled at this time. 8. NEW BUSINESS 8.A. BUDGET ITEMS 8.A.1. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO DEPARTMENT OF UTILITIES FEE CHANGES On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO UTILITIES CONNECTIONS FEES AND UTILITY CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 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: Sec. 18-22. Connection fees. (a) The water connection fee shall be the capital cost recovery charge plus the meter installation charge based on the size of the water meter that the director installs. The wastewater connection fee shall be the capital cost recovery charge for the size of the water meter that serves the property, or, if the property does not receive water service, the size of the water meter that would serve the property if it received water service. (b) The capital cost recovery charge shall be: Customer Class Meter Size (inches) Number of ERU's per Unit Capital Cost Recovery Charge Water Wastewater (i) For a 5/8 1.00 $ 4,795.00 $ 3,730.00 dwelling, single- family, including townhouses, mobile homes that are not located in a mobile home park, and individually J J J 11-210 metered multifamily dwelling units. (ii) For a 5/8 1.00 4,795.00 .3,730.00 dwelling, two-family (per unit) (iii) For mobile 0.85 4,076.00 3,171.00 homes that are located in a mobile home park and f or master metered multiple- family dwellings other than multiple- family dwellings used exclusively as housing for colleges and/or universities (per unit) (iv) For all 5/8 1.00 4,795.00 3,730.00 other customer classes 1 2.50 11,988.00 9,325.00 1 1/2 5.00 23,975.00 18,650.00 2 8.00 38,360.00 29,840.00 3 16.00 76,720.00 59,680.00 4 25.00 119,875.00 93,250.00 6 50.00 239,750.00 186,500.00 8 80.00 383,600.00 298,400.00 10 115.00 551,425.00 428,950.00 12 155.00 743,225.00 578,150.00 The capital cost recovery charge for meters that are larger than 12 inches shall be determined 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 the same capital cost recovery charge in subsection (b)(iv). 0 0 0 Sec. 18-27. Utility charges. Effective with bills issued on and after July 1, 2011, the consumer shall pay charges for utility service in accordance with the following schedules: 11-211 (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $2.44 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $4.88. (2) Commodity cost charge. (i) Water: $1.32 per 100 cubic feet (Ccf). (ii) Wastewater: $1.50 per 100 cubic feet (Ccf) . (3) Capacity cost charge. Customer Class Meter Number Monthly Capacity Size of ERU's Charge (inches) per Unit water Wastewat er (i) Dwelling, single- 5/8 1.00 $ 5.60 $ 11.52 family, including townhouses and mobile homes that are not located in a mobile home park (ii) Dwelling, two- 5/8 1.00 5.60 11.52 family (per unit) (iii) Mobile homes that 0.85 4.76 9.79 are 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 5/8 and 1.00 5.60 11.52 customer classes 3/4 1 2.50 14.00 28.80 1 1/2 5.00 28.00 57.60 2 8.00 44.80 92.16 3 16.00 89.60 184.32 4 25.00 140.00 288.00 6 50.00 280.00 576.00 8 80.00 448.00 921.60 10 115.00 644.00 1,324.80 12 155.00 868.00 1,785.60 (v) The capacity cost charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the J J J 11-212 capacity cost charge in subsection (a)(3)(iv). 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.2. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO PLANNING DEPARTMENT FEE CHANGES On motion of Mr. Holland, seconded by Ms. Durfee, the Board separated the proposed commercial fee changes from the residential fee changes. Ayes: Warren, Holland, and Durfee. Nays: Jaeckle and Gecker. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to reduce office, commercial and industrial fees as recommended by the Planning Commission. Mr. Holland stated it is critically important to remain vigilant in terms of the pursuit of increasing commercial development and in respect to property value. Ms. Jaeckle stated the task of the Planning Department and the Planning Commission is analyzing the planning fees and bringing them in line with the surrounding localities instead of resorting to inconsistent practices such as the fee holiday. She further stated she does not believe that lowering the fees is a subsidy to developers, realtors and the business community. She urged the Board to follow the recommendation. Mr. Gecker stated there is no rational link between reducing one portion of the cost of doing business in the county and economic development. He further stated the county has already suffered from a significant amount of land banking. He stated it is a detriment to the long-term planning of the county to lower fees today to incentivize citizens to zone property that is not necessarily ready for development. He further stated if the county provides a suitable first-class infrastructure for employers, they will locate to Chesterfield regardless of whether or not there is a fee reduction. Ms. Durfee stated the county is not balanced with residential and commercial development. She further stated economic development needs to be strengthened within the county. She suggested that the Planning Department provide a more simplified structure of planning fees after the Comprehensive Plan is approved, noting it will then coincide with where the county is headed in terms of residential development. Mr. Warren expressed appreciation for the Board's input. He stated a reduction of fees is appropriate to help small businesses succeed. He further stated momentum needs to be maintained during this recessionary period. 11-213 Mr. Warren called for a vote on the motion of Ms. Durfee, seconded by Mr. Holland, for the Board to reduce office, commercial and industrial fees as follows: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-25 OF THE ZONING ORDINANCE RELATING TO ZONING AND OTHER PLANNING FEES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-25 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: CHAPTER 19 Sec. 19-25. Fees. 0 0 0 All fees provided for in this section for rezonings, amendment of zoning conditions, conditional uses, conditional use planned developments, and rezonings with conditional use and/or conditional use planned developments shall be waived up to $4,000 of the total fee, including the base fee and any per acre charge, for commercial, office and/or industrial use applications received from September 23, 2010 to September 22, 2011. Under this provision only initial submissions shall be eligible and the following applications shall not be eligible for the reduction: (i) wireless communications towers, (ii) computer controlled variable message signs, (iii) variances, (iv) deferral requests, (v) remand requests, (vi) appeals of development standards waivers, (vii) any use incidental to a principal dwelling unit or (viii) family day care homes. The $600 base fee application provided for in this section for the original submittal and up to two resubmittals for site plan, overall development plan and schematic plan applications for office, commercial and industrial uses shall be waived for applications received from September 23, 2010 to September 22, 2011. That this ordinance shall become effective immediately upon adoption and shall expire on September 22, 2011 at 5:00 p.m. In addition to any other fees required by the county, fees shall be payable to the county treasurer and submitted to the planning department upon ,filing the following applications: Application Type Fee, Based On J J J 11-214 Office, Commercial, Residential and Uses Industrial Uses 1. Amend condition(s) of zoning (including conditions of rezoning, conditional use, $5,300 $1,500 conditional use planned development, and textual statement) 2. Appeal to board of zoning appeals per § 19- $1,200 $1,200 21 3. Building permit review, for a new single family dwelling or for each $25 $25 unit of a new two-family dwelling 4. Certain conditional uses a. Conditional use, family day care $300 $300 homes b. Conditional use for any use incidental to a principal $1,000 $600 dwelling unit except family day care homes c. Conditional use for recreational facilities and grounds primarily $1,000 $150 serving the surrounding residential community d. Conditional use for communication towers, landfills, $5,300 $4,100 quarries, mines, borrow pits and adult businesses i. Plus per acre after $90 $50 first acre 5. Conditional use, all $2,200 $1,500 others a. Plus per acre after $90 $50 first acre 6. Conditional use planned $5300 $1,500 development a. Plus per acre $90 $50 7. Planning Commission and Board of Supervisors $1,000 $200 case deferral requests (Includes (Includes by the applicant, per "A" uses) "A" uses) request: 11-215 Fee, Based O n Office, Commercial, Application Type Residential and Uses Industrial Uses 8. Board of Zoning Appeals case deferral requests $130 $130 by the applicant, per request: 9. Manufactured home $550 $400 permits, new 10. Manufactured home $250 $200 permits, renewal 11. Modifications to development standards $400 $400 and requirements 12. Plan transfer to electronic format per § $130 $130 19-264 (f) 13. Planning permits -- -- a. Temporary family health care unit $100.00 $100 permit 14. Resource protection area exceptions per § 19-235 (b) (2) for one lot .or parcel used or $300 $300 intended to be used for a single family dwelling and accessory uses 15. Resource protection area exceptions per § $1,500 $300 19-235(b)(2), all others 50 percent 16. Remand requests to the 50 percent °f original planning commission, by of original case fee the applicant, per case fee (includes request (includes "A" uses) "A" uses ) 17. Rezoning $5,300 $1,500 a. Plus per acre $90 $50 18. Rezoning with conditional use a. Base tee for $5,300 $1,500 rezoning i. Plus per acre $90 $50 b. Base tee for $5,300 $1,500 conditional use i. Plus per acre $90 $50 19. Rezoning with conditional use planned - ~- development a. Base fee for $5,300 $1,500 rezoning i. Plus per acre $90 $50 b. Base fee for conditional use $5,300 $1,500 planned development J J J 11-216 Fee, Based O n Office, Commercial, Application Type Residential and Uses Industrial Uses i. Plus per acre $90 $50 20. Rezoning with conditional use and _ conditional use planned development a. Base tee for $5,300 $1,500 rezoning i. Plus per acre $90 $50 b. Base tee for $5,300 $1,500 conditional use i. Plus per acre $90 $50 c. Base fee for conditional use $5,300 $1,500 planned development i. Plus per acre $90 $50 21. Sign Permits, temporary signs as $100 $100 permitted by § 19-631 through § 19-650. 22. Sign Permits, all other signs for which $130 $130 building permits are required 23. Site plan, overall development plan and schematic plan reviews: $2,000 $600 original submittal, including up to two resubmittals a. Plus per acre $90 $50 24. Site plan, overall development plan and schematic plan reviews: $400 $250 third and subsequent resubmittals, per submittal 25. Site plan, overall development plan and schematic plan reviews: adjustment to approved $400 $300 site plan or amendment to approved schematic plan, per submittal or resubmittal 26. Site plan review: appeal of decision of $400 $350 director of planning 27. Special exceptions, temporary manufactured $550 $500 home (new) 28. Special exceptions, temporary manufactured $250 $200 home (renewal) 11-217 Fee, Based O n Office, Commercial, Application Type Residential and Uses Industrial Uses 29. Special exceptions, $1,000 $700 all others 30. special exceptions, amend conditions of $600 $600 special exception 31. Substantial accord $5,300 $1,500 determinations a. Plus per acre $50 32. Variances, $200 $200 administrative 33. Variances, all other $300 $300 34. Verification of non- $75 $75 conforming use (written) 35. Zoning certificate $75 $75 36. Zoning interpretation $75 $75 (written) 0 0 0 (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Jaeckle, Holland, and Durfee. Nays: Gecker. In response to Mr. Gecker's question, Mr. Turner stated there are more than 40,000 zoned vacant single-family lots, over 20,000 vacant subdivision lots that have been approved and less than 10,000 in terms of recorded lots. He further stated there are 700 building permits per year. He noted there is a lot of stale zoning. He stated the Planning Commission did not discuss using a reduction in fees to incentivize residential zoning in areas not developed today during the public hearing. In response to Ms. Jaeckle's question, Mr. Turner stated the Board's action will determine residential fees. Ms. Jaeckle stated the Chesterfield Chamber of Commerce did support both the reduction of the commercial and residential fees. Ms. Durfee stated the county needs strengthening in regards to economic development and to determine a better way to plan for residential growth. She further stated there are too many categories in the planning fee structure. Ms. Durfee then made a motion, seconded by Mr. Holland, for the Board to take no action on the proposed fee reductions for residential development. Mr. Holland made a substitute motion to defer the proposal until the Comprehensive Plan is approved. J J J 11-218 Ms. Durfee stated the date of adoption of the Comprehensive Plan is unknown; therefore it is prudent to take no action. Mr. Holland withdrew his substitute motion. Ms. Jaeckle recommended the proposal be remanded back to the Planning Commission. Mr. Gecker stated there should be equality between residential and commercial. He further stated the issue with the home building industry is not the ability to re-zone property, but the market has gotten to a point where it is not economical to build homes, even on stale lots . He stated he does not support the motion. Mr. Warren stated the declining trend of the housing market is much worse in other parts of the country. Ms. Durfee requested information regarding vacant lot percentages from the Planning Department. Ms. Durfee reiterated a motion, seconded by Mr. Holland, for the Board to not reduce fees for residential development. Ayes: Warren, Holland, Durfee, and Gecker. Nays: Jaeckle. 8.A.3. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board adopted the following ordinance: AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That for the year beginning on the first day of January, 2011, and ending on the thirty-first day of December, 2011, the taxes on property in all the Magisterial Districts of the County of Chesterfield shall be as follows: Sec. 1. Real Property and Mobile Homes. (a) Except as provided in Sec. 1 (b), on tracts of land, lots or improvements thereon and on mobile homes the tax shall be $0.95 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. 11-219 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 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. J J 11-220 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.4. ADOPTION OF THE FY2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS ANNUAL PLAN Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the FY2011 Community Development Block Grant Program and the HOME Investment Partnerships Annual Plan with revisions presented by Mr. Carmody. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.5. ADOPTION OF THE FY2012-FY2016 CAPITAL IMPROVEMENT PROGRAM Ms. Durfee expressed concerns regarding funds being allocated within the county and the school's Capital Improvement Program and certain projects within the CIP. She stated lack of supporting documentation in regards to bond referendums and their role in the proposed high school renovations raise some questions. She further stated she has reservations about allocating funds in the CIP for these particular projects. She suggested using other ways to utilize resources in the community. She expressed concerns with the Intermediate Care Facility issue and the number of people who have been on a waiting list to utilize the future facility. She suggested moving the project one year forward. Mr. Holland expressed concerns regarding the proposed gym renovations. He stated there are more important resources that are needed within the schools. He reiterated Ms. Durfee's concerns regarding the Intermediate Care Facility and the critical timing to move the project one year forward.. In response to Mr. Gecker's questions regarding the Schools' CIP, Mr. Carmody stated the appropriation is made to a Capital Improvement Fund for school projects. He further stated the gym renovation projects are proposed for FY2013- 2016, which are planning years. He further stated with the acceleration of any projects, depending on the size of funding, a debt service expense would be incurred. In response to Ms. Jaeckle's question regarding the HVAC upgrades proposed for the old Clover Hill High School, Mr. Carmody stated the $9 million associated with the HVAC project and the re-use of the facility is a revenue source already appropriated from prior years of adopted Capital Improvement Programs. He suggested appropriating a dollar amount and placing it in a general capital projects category until additional information is brought before the Board and a decision can be made to transfer those funds to the Schools' CIP. Ms. Jaeckle expressed concerns with the HVAC project and the best use for the old Clover Hill High School building. 11-221 Mr. Holland stated additional information is needed in terms of the utilization of the facility. Mr. Myers provided details of the School Board's efforts to determine the use of the old Clover Hill High School facility. In response to Mr. Gecker's questions regarding the vacant school building, Mr. Myers stated part of the prioritization process will be difficult to determine based on the current recession. He further stated it is hard to determine the dollar amount in regards to the upkeep of the old facility. In response to Mr. Holland's questions, Mr. Myers stated the projected time as recommended by consultants is about two years or as quickly as 18 months for renovations from the time the decision is ultimately made. Mr. Warren stated the facility should continue to be utilized for academic purposes. In response to Ms. Durfee's question,. Ms. Snead stated the number of people on the waiting list for the Intermediate Care Facility changes because people will come off and on due to changes in status. In response to Ms. Durfee's question, Ms. Burcham stated the Community Services Board's decision to ask for a facility was made because of the need- to accommodate mentally ill individuals. She further stated the waiting list was formed in 2003. She stated the feasibility study performed in 2008 did validate the need for intermediate level of care in our community. Ms. Durfee expressed concerns regarding families who are desperate for this extreme need of care in Chesterfield County. She stated there is an opportunity to partner with Lucy Corr. Ms. Jaeckle expressed concerns regarding citizens moving from institutions to private care facilities. Mr. Gecker stated the federal government has a certain additional incentive to help the state for people in institutions moving to private intermediate care facilities, as opposed to coming off the community waiting list, there is a different financial component involved. In response to Ms. Jaeckle's questions, Ms. Burcham stated the 83 people on the waiting list need intermediate care. She further stated those people will be evaluated to determine where they are best served. She stated renovations to homes in the community to meet the needs of those who need care would be more expensive than the proposed facility. Ms. Durfee stated it is important to meet the requirements of those who need special care. Ms. Durfee made a motion, seconded by Mr. Holland, for the Board to adopt the FY2012-FY2016 Capital Improvement Program with the proposed adjustment reductions in the school CIP as follows: FY2013 reduction by $12 million, FY2014 reduction by $1 million, and FY2016 reduction by $12 million; and J J J 11-222 adjustments to the county CIP as follows: move forward the Intermediate Care Facility project. Ayes: Holland and Durfee. Nays: Warren, Jaeckle, and Gecker. Mr. Gecker stated the Board always takes the concerns of the parents of children who require special needs into consideration. He further stated there are many myths in regards to public care versus private care. He stated more information is needed regarding where care is headed before making a final decision. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to adopt the CIP and set aside $9 million for the HVAC project at the old Clover Hill High School. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren reiterated Mr. Gecker's comments regarding private options for special care. Mr. Holland stated he yielded his decisions to the judgment of the Board. Ms. Jaeckle stated Delegate Cox did not render an opinion regarding private options. Ms. Durfee stated the county is fortunate to have a facility like Lucy Corr Village and the staff that oversees its operations. She suggested moving the ICF project up one year. 8.A.6. ADOPTION OF THE FY2011-FY2012 BIENNIAL FINANCIAL PLAN, SECOND YEAR AMENDMENTS Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to adopt the FY2011-FY2012 biennial financial plan, second year amendments, with proposed revisions as presented, including a two percent merit based pay increase for county employees. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.A.7. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2012 Mr. Gecker made a motion., seconded by Mr. Holland, for the Board to adopt the following resolution appropriating funds for FY2012 that incorporates changes as approved: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND- ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2012 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: 11-223 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 Amended General Fund Estimated Revenue: Local Sources: General Property Taxes $350,681,400 Other Local Taxes 96,351,800 Licenses, Permits, & Fees 3,834,100 Fines, Forfeitures & Uses of Money & Property 3,294,200 Service Charges 30,885,600 Miscellaneous and Recovered Costs 11,954,200 Other Agencies: State and Federal 134,738,200 Other Financing Sources: Use of Restricted, Committed, or Assigned Fund Balance 18,133,300 Transfer from County Grants Fund 1,101,300 Transfer from County Capital Projects Fund 250,000 Transfer from Mental Health, Support Services 106,600 Transfer from Fleet Management 12,300 Transfer from Water Operating Fund 592,800 Transfer from Wastewater Operating Fund 2,200 Unassigned Fund Balance 7/1/2011 53,495,000 Total Revenues $705,433,000 Appropriations: General Government $47,471,900 Administration of Justice 8,405,900 Public Safety 143,204,500 Public Works 16,625,600 Health & Welfare 71,069,600 Parks, Recreation, Cultural 17,758,900 Community Development 15,522,200 Debt Service 26,262,200 Operating Transfers 304,917,200 Assignments 700,000 Unassigned Fund Balance, 6/30/2012 53,495,000 Total General Fund: $705,433,000 *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") J J J 11-224 Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights $124,200 State Aid, Comprehensive Services 3,315,600 State, Miscellaneous 150,000 Transfer from Social Services 445,200 Transfer from Schools 921,100 Transfer from General Fund 1,710,700 Use of Unassigned Fund Balance 1,042,300 Total Revenues and Funding Sources $7,709,100 Appropriations: Operating Expenses $7,709,100 Total Appropriations $7,709,100 School OoeratinQ Fund Estimated Revenue: Local Sources $21,239,100 State 215,709,300 Federal 38,310,400 Transfer from School Operating 609,600 Transfer from School Food Service 1,000,000 Transfer from General Fund: State Sales Tax 49,998,100 Local Taxes 216,599,400 Prior Year Revenue 11,607,800 Grounds Maintenance 1,792,800 Total General Fund 279,998,100 Use of Assigned Fund Balance 1,000,000 Total Revenues and Funding Sources $557,866,500 Appropriations: Instruction $366,611,400 Administration, Attendance & Health 19,018,900 Pupil Transportation 27,769,100 Operations & Maintenance 56,169,900 Technology 12,102,400. Debt Service 47,760,000 Food Service 20,158,000 Grounds Maintenance 1,792,800 Transfer and Assignment for School Capital Projects 6,484,000 Total Appropriations $557,866,500 Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources $2,377,300 State 1,058,000 Total Revenues and Funding Sources $3,435,300 Appropriations Education $3,435,300 Total Appropriations $3,435,300 County Grants Fund Estimated Revenue: Other Governments $10,118,400 11-225 Transfer from General Fund 1,020,500 Use of Restricted, Committed, or Assigned Fund Balance 184,900 Total Revenues and Funding Sources $11,323,800 Appropriations: Adult Drug Court $642,400 Clerk of the Circuit Court Technology Trust Fund 154,900 Community Corrections Services Domestic Violence Victim Advocate (V-STOP) 52,900 Community Development Block Grant 1,881,800 Community Services Board Part C 831,500 Domestic Violence Prosecutor 98,900 Families First 517,300 Fire & EMS Revenue Recovery 5,202,200 Juvenile Drug Court Grant 340,000 Litter Grant 26,000 Police Grants Domestic Violence Coordinator 48,100 USDA Juvenile Detention Grant 75,000 USDA Youth Group Home Grant 8,200 Victim/Witness Assistance 477,400 Virginia Juvenile Community Crime Act (VJCCCA) 967,200 Total Appropriations $11,323,800 County CIP Fund Estimated Revenue: Transfer from General Fund $13,352,500 General Obligation Bonds 4,377,000 Developer Contributions 537,600 Transfer from Cash Proffers 537,600 Grants 750,000 Other/Interest Earnings 750,000 Total Revenues $20,304,700 Appropriations: County Capital Projects $19,517,100 Transfer from Cash Proffer Fund 537,600 Transfer to General Fund 250,000 Total County CIP Funds $20,304,700 County Other Capital Projects Estimated Revenue: Debt/Bond Proceeds $9,000,000 Total Revenue $9,000,000 Appropriations: County Other Capital Projects $9,000,000 Total County Other CIP Funds $9,000,000 Schools CIP Fund Estimated Transfer from School Operating Revenue: Fund $6,484,000 Debt/Bond Proceeds 12,368,800 State Technology Funds 1,851,500 Total Revenue and Transfers $20,704,300 Appropriations: School Capital Projects $20,704,300 J J J 11-226 Total Appropriations $20,704,300 Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges $16,793,500 Radio Shop Charges 2,268,900 Use of Unrestricted Net Assets - Fleet 500,000 Total Revenue and Funding Sources $19,562,400 Appropriations: Fleet Fleet Radio Unres Shop Total Management Operations $16,793,500 Capital Project 500,000 Shop Operations 2,225,200 tricted Net Assets - Radio 43,700 Appropriations $19,562,400 Capital Projects Management Fund Estimated Revenue: Reimbursement for Services $837,300 Total Revenue $837,300 Construction Management Appropriations: Operations $837,300 Total Appropriations $837,300 Risk Manaaement Fund Estimated Use of Committed/Assigned Net Revenue: Assets $2,151,800 Operating Revenues 6,976,700 Use of Unrestricted Net Assets 3,751,500 Total Revenue $12,880,000 Appropriations: Risk Management Operations $9,755,700 Use of Unrestricted Net Assets 3,124,300 Total Appropriations $12,880,000 Airport Fund Estimated Revenue: Operating Revenue $709,200 Total Revenue $709,200 Appropriations: Airport Operations $709,200 Total Appropriations $709,200 Utilities Funds Estimated Revenue: Service Charges $69,375,000 Capital Cost Recovery Charges 10,308,800 Hydrant/Fire Protection 589,600 Other Revenue 5,461,600 Total Revenue $85,735,000 Appropriations: Operations $55,920,300 Debt Service 7,006,100 Transfer to Capital Projects Fund 17,850,000 Payment in Lieu of Taxes 589,600 Addition to Unrestricted Net Assets 4,369,000 Total Appropriations $85,735,000 Utilities Capital Project Funds Estimated Transfer from $17,850,000 11-227 Revenue: Improvement/Replacement Fund Total Revenue $17,850,000 Appropriations: Capital Projects $17,850,000 Total Appropriations $17,850,000 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 and prior year end carry forward assignments from one appropriation category (including assigned fund balance) to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be 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 30, 2011 shall 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 assigned in the previous year. At the close of the fiscal year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for capital projects; assignments for county and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV-E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings J J J 11-228 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. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automatically authorized to be assigned during the year end process. 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 l0a 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 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 11-229 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 and assignments of fund balance in excess of $50,000 for supplemental retirement, Workers' Compensation, healthcare for retirees and other compensation-related costs, as well as for transfers to departments 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 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. J J J 11-230 Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 500 of the previous year's depreciation on fixed assets. b) The annual contribution to the assignment will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 1000 of accumulated depreciation, a reduction in the annual contribution may be considered. c) Funds cannot be used from the rate stabilization assignment if the balance falls below 250 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. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. Sec. 21 In accordance with the requirements set forth in Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2006, shall receive personal property tax relief in the following manner: 11-231 a) Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 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: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. warren expressed appreciation to Dr. Newsome, Mr. Myers and to those in the school system for cooperating in the budget process. 8.B. APPOINTMENTS On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board suspended its rules to allow simultaneous nomination/appointment/reappointment to the Disability Services Board. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.B.1. DISABILITY SERVICES BOARD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board simultaneously nominated/appointed Ms. Sandra Mitchell as a member of the Disability Services Board, representing the J J 11-232 Matoaca District, whose term is effective immediately and expires December 31, 2012. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C. CONSENT ITEMS 8.C.1. AUTHORIZE THE RECEIPT AND APPROPRIATION OF 2010 URBAN AREA SECURITY INITIATIVE GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO MANAGE A REGIONAL PROJECT FOR CENTRAL VIRGINIA ALL-HAZARDS INCIDENT MANAGEMENT TEAM On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the Fire and EMS Department to receive and appropriate $231,000 in grant funds from the Department of Homeland Security for equipment and training expenses associated with the management of the Central Virginia All- Hazards Incident Management Team. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF U.S. DEPARTMENT OF HOMELAND SECURITY GRANT FUNDS 8.C.2.a. FROM THE 2010 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAM TO HIRE NINE FIREFIGHTERS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the Fire and EMS Department to receive and appropriate $1,010,880 in grant funds from. the U.S. Department of Homeland Security, 2010 Staffing or Adequate Fire and Emergency Response (SAFER) program and to create nine (9) firefighter positions. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.2.b. FROM THE 2010 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO REPLACE THERMAL IMAGING CAMERAS AND PROVIDE TRAINING TO FIREFIGHTERS ON THE USE, CARE AND MAINTENANCE OF THE NEW EQUIPMENT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the Fire and EMS Department to receive and appropriate $231,936 in grant funds from the U.S. Department of Homeland Security, 2010 Assistance to Firefighters Grant program, to replace 29 thermal imaging cameras and authorized the transfer of up to $125,000 from the Fire and EMS Department's operating budget. Ayes: Warren, Jaeckle, Holland., Durfee, and Gecker. Nays: None. 11-233 8.C.3. AWARD OF CONSTRUCTION CONTRACTS 8.C.3.a. FOR CHESTERWOOD-COGBILL ROAD DRAINAGE IMPROVEMENTS On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board awarded a contract for the construction of Chesterwood- Cogbill Road Drainage Improvements to Godsey & Son, Inc. in the amount of $198,100. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.3.b. FOR ADDITIONAL PARKING AT CLOVER HILL ATHLETIC COMPLEX On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a construction contract with Shoosmith Construction, Inc., in the amount of $102,995 for construction at Clover Hill Athletic Complex. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.4. ADOPTION OF RESOLUTION RECOGNIZING MR. CURTIS MARSHALL WELCH UPON ATTAINING THE RANK OF EAGLE SCOUT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Curtis Marshall Welch, Troop 2894, sponsored by Saint David's Episcopal Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Curtis has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mr. Curtis Marshall Welch and acknowledges J J J 11-234 the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.5. TRANSFER OF MATOACA DISTRICT IMPROVEMENT FUNDS TO PHILLIPS VOLUNTEER FIRE DEPARTMENT FOR PAINTING OF EXTERIOR OF THE FIRE STATION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board transferred $5,000 in Matoaca District Improvement Funds to the Phillips Volunteer Fire Department for the painting of exterior of the fire station. Ayes: Warren, Jaeckle, Holland, Durfee, and .Gecker. Nays: None. 8.C.6. REQUESTS FOR PERMISSION 8.C.6.a. FROM MARK F. WHITE AND NNIKA E. WHITE FOR A PROPOSED CONCRETE BLOCK AND BRICK RETAINING WALL TO ENCROACH WITHIN AN EIGHT-FOOT DRAINAGE EASEMENT ACROSS LOT 23, SUMMER LAKE, SECTION 4 On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board granted Mark F. White and Nnika E. White permission for a proposed concrete block and brick retaining wall to encroach within an 8' drainage easement across Lot 23, Summer Lake, Section 4, subject to the execution of a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.6.b. FROM KEVIN F. HEALY AND MARGARET V. HEALY TO INSTALL A VEGETATIVE RETAINING WALL IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board granted Kevin F. Healy and Margaret V. Healy permission to install a vegetative retaining wall in the impoundment easement for the Swift Creek Reservoir, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.6.c. FROM ANDREA C. MCGUINNESS FOR A PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 51, MAGNOLIA GREEN, SECTION A On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board granted Andrea C. McGuinness permission for a proposed fence to encroach within an 8' easement across Lot 51, Magnolia Green, Section A, subject to the execution of a license 11-235 agreement. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.7. ACCEPTANCE OF A PARCEL OF LAND ALONG WESTFIELD ROAD FROM THE COLEBROOK COMPANY, L.L.C. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board accepted the conveyance of a parcel of land containing 0.00.4 acres along Westfield Road from The Colebrook Company, L.L.C., and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of the Board.) Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.8. APPROVAL OF CHANGE ORDER NUMBER TWO FOR MIDLOTHIAN MIDDLE SCHOOL FIELD HOUSE RENOVATION On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to execute Change Order Number Two for Brooks and Company General Contractors in the amount of $34,348 for rook replacement and additional restroom door lock hardware. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.9. TRANSFER FUNDS FROM NORTHERN AREA CONVENIENCE CENTER CAPITAL IMPROVEMENT PROGRAM PROJECT TO IMPROVEMENT PROJECT FOR SOUTHERN AREA CONVENIENCE CENTER On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board transferred $150,000 from the Northern Area Convenience Center CIP Project to the Improvement Project for the Southern Area Convenience Center. Ayes: Warren,- Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.10. APPROPRIATION OF ROAD CASH PROFFERS AND AUTHORIZATION TO PROCEED WITH THE CHESTER ROAD AT ROUTE 10 RIGHT TURN LANE EXTENSION PROJECT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board appropriated $214,000 in road cash proffers from traffic shed 14 for the Chester Road at Route 10 Right Turn Lane Extension Project; authorized the County Administrator to proceed with the design and right-of-way acquisition; authorized the County Administrator to enter into the customary VDOT and environmental permits/mitigation agreements; authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for the relocation of utilities; and authorized the County Administrator to award a construction contract up to $140,000 to the lowest responsive and responsible bidder. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J 11-236 8.C.11. STATE ROAD ACCEPTANCE On motion of Ms. Jaeckle, seconded by Ms. Durfee, 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. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Kings Grove Section 2 Type Change to the Secondary System of State Highways: Addition Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: X33.1-229 Street Name and/or Route Number • Kings Crest Place, State Route Number 7535 From: Kings Crest Drive, (Route 7533) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 188, Pg. 38 Right of Way width (feet) = 40 • Kings Crest Court, State Route Number 7534 From: Kings Crest Drive, (Route 7533) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Pb. 188, Pg. 38 Right of Way width ( feet ) = 4 0 • Kings Crest Drive, State Route Number 7533 From: Kings Crest Place, (Route 7535) To: Cul-de-sac, a distance of: 0.24 miles. Recordation Reference: Pb. 188, Pg. 38 Right of Way width (feet) = 40 • Kings Crest Drive, State Route Number 7533 From: Kings Crest Court, (Route 7534) To: Kings Crest Place, (Route 7535), a distance of: 0.05 miles. Recordation Reference: Pb. 188, Pg. 38 Right of Way width (feet) = 40 • Kings Crest Drive, State Route Number 7533 From: Cogbill Road, (Route 638) 11-237 To: Crest Court, (Route 7534), a distance of: 0.04 miles. Recordation Reference: Pb. 188, Pg. 38 Right of way width (feet) = 50 Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.12. REQUEST FOR CHESTERFIELD COUNTY TO PARTICIPATE IN THE URBAN ARCHERY DEER HUNTING SEASON On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to notify the Virginia Department of Game and Inland Fisheries that Chesterfield County is interested in participating in the urban archery deer hunting season this year. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.13. APPROVAL OF CHANGE ORDER TO WOODLAND CONSTRUCTION INCORPORATED FOR RENOVATIONS OF THE LANE B. RAMSEY ADMINISTRATION BUILDING AND AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO APPROVE ADDITIONAL CHANGE ORDERS UP TO FIVE PERCENT OF THE ORIGINAL CONTRACT AMOUNT On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board authorized the County Administrator to execute a change order with Woodland Construction, Inc., in the amount of $44,434.35 for renovating the Lane B. Ramsey Administration Building, and further grant the County Administrator the authority for additional change orders up to $55,200, which is approximately five percent of the original contract amount. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 8.C.14 ADOPTION OF RESOLUTION RECOGNIZING APRIL 21, 2011, AS "POWERTALK 21T"" DAY" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following resolution:, WHEREAS, the majority of their primary influence when drinking alcohol; and teens say their parents are it comes to decisions about WHEREAS, high school students who use alcohol or other substances are five times more likely to drop out of school or to believe that good grades are not important; and WHEREAS, teen alcohol use kills about 6,000 people each year, more than all other illegal drugs combined; and WHEREAS, Chesterfield County government and schools have partnered with SAFE Inc., to reduce underage drinking and engage parents through a variety of successful strategies, such as compliance checks; Cafe Conversations; parent pods; and Use, You Lose; and J J J 11-238 WHEREAS, Mothers Against Drunk Driving Virginia (MADD Virginia) is a nonprofit organization working to protect families from drunk driving and underage drinking; and WHEREAS, PowerTalk 21T"' Day has been established on April 21, 2011, to encourage parents and caregivers to embrace their important role in influencing America's youths and their decisions about drinking alcohol; and WHEREAS, to equip parents to talk with their teens about alcohol, MADD Virginia has established an interactive parent website, madd.org/powerofparents, where parents can find tips to help keep their teens and community safe; and WHEREAS, MADD Virginia will offer free community parent workshops and provide parent handbooks to help parents effectively talk to their teens about alcohol; and WHEREAS, these local parent workshops, also replicated across the country, will offer parents research-based strategies to help them talk with their teens about alcohol and to promote parent commitment to creating a safer community by becoming involved in reducing underage drinking. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the importance of parents and their children talking together about alcohol and urges all citizens to join efforts to raise awareness of the importance of parents and teens talking together about alcohol use. AND, BE IT FURTHER RESOLVED that the Board of Supervisors recognizes Thursday, April 21, 2011, as "PowerTalk 21T"" Day" in Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. 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 Ms. Durfee, seconded by Mr. Holland, 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: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11-239 11. DINNER On motion of Ms. Durfee, seconded by Mr. Holland, the Board recessed to Room 303, for dinner. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Reconvening: Mr. Warren congratulated Sergeant Brian Edwards on his promotion to Lieutenant and expressed appreciation for his service to the Board of Supervisors. 12. INVOCATION Mr. Louis G. Lassiter, Assistant County Administrator, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Terrence L. Graves, Jr. led the Pledge of Allegiance to the flag of the United States of America. Mr. Warren made comments regarding the catastrophic disasters that have occurred in Japan. 1. APPROVAL OF MINUTES FOR MARCH 23, 2011 Mr. Gecker stated he did not realize the revision to the minutes was a minor change. Mr. Gecker made a motion, seconded by Mr. Holland, the Board approved the minutes of March 23, 2011, as revised. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 14. RESOLUTIONS 14.A. RECOGNIZING THE OUTSTANDING ACCOMPLISHMENTS OF MR. MICHAEL HATCH Mr. Kappel introduced Mr. Michael Hatch who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Mr. Michael Hatch is director of operations for Acumen Golf; and J J J 11-240 WHEREAS, he also is general manager of the Birkdale Golf Club and the Brandermill Country Club; and WHEREAS, all of these organizations are highly respected as well-run, positive representatives of their industry; and WHEREAS, many county residents, as well as visitors, enjoy the recreational and fitness benefits of these golf facilities; and WHEREAS, golf is a sport that attracts men and women, young and old, of all backgrounds and abilities; and WHEREAS, during the recent meeting in Orlando, Florida, of the National Golf Course Owners Association, Mr. Hatch was elected to the association's Board of Directors; and WHEREAS, Mr. Hatch's election marks the first time that a Virginia golf course owner/operator has been elected to the board; and WHEREAS, as a board member, Mr. Hatch will be involved in legislative issues and other matters aimed at improving the public's involvement in and enjoyment of golf; and WHEREAS, Mr. Hatch will be influential on the national level as those in the industry work to promote the sport; and WHEREAS, Mr. Hatch's election to the board reflects well on him, and also on Chesterfield County.. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, publicly recognizes the exemplary achievements of Mr. Michael Hatch, congratulates him on being elected to the Board of Directors of the National Golf Course Owners Association, and extends best wishes for continued success. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Hatch, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented the executed resolution to Mr. Hatch and commended him on his exemplary achievements. Ms. Durfee congratulated Mr. Hatch on his wonderful accomplishments. Mr. Hatch expressed appreciation to the Board of Supervisors for the recognition. 14.C. RECOGNIZING MR. JOSE SANCHEZ FOR CONTRIBUTIONS TO THE CHESTERFIELD COUNTY PARKS AND RECREATION ADVISORY COMMISSION Mr. Golden introduced Mr. Jose Sanchez, who was present to receive the resolution. 11-241 On motion of Mr. Warren, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Parks and Recreation Advisory Commission was established in 1993 by the Board of Supervisors for the purpose of assessing the recreation needs of the county, advising the Board of Supervisors and county staff, and making specific recommendations on the most equitable use of facilities; and WHEREAS, Mr. Jose Sanchez was appointed in 2005 as a member of the commission representing the Clover Hill Magisterial District, and since that time has served the citizens of Chesterfield County with distinction; and WHEREAS, Mr. Sanchez has contributed greatly to the Chesterfield community through his own volunteerism, serving as vice president and president of the Chesterfield Adult Soccer League for over twenty years and as the founder of the Indoor Adult Soccer League program; and WHEREAS, Mr. Sanchez is a 2004 recipient of the Volunteer Hall of Fame Monument award, and is recognized on the Volunteer Hall of Fame Monument at Rockwood Park; and WHEREAS, Mr. Sanchez and the commission strongly supported the safety requirement for breakaway bases for little league, the establishment of background checks for youth sports officials, a policy for non-cosponsored groups use of county fields, a process for field closing and renovation, the endorsement of the Green Infrastructure Report, an artificial turf study, the opening of Lowes Sports Complex, county skateboard facilities, and the Watkins Annex facility renovations proposals. NOW, THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, publicly recognizes Mr. Jose Sanchez and commends his dedicated and outstanding service to the Parks and Recreation Advisory Commission and to the citizens of Chesterfield County. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented the executed resolution to Mr. Sanchez and expressed appreciation for his dedication serving in Chesterfield County. Mr. Sanchez, who was accompanied by his family, expressed appreciation for the recognition. 14.B. RECOGNIZING THE CHESTERFIELD FARM BUREAU FOR ITS GENEROUS DONATIONS TO CHESTERFIELD COUNTY ELEMENTARY SCHOOLS Mr. Kappel introduced members of the Chesterfield Farm Bureau, who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution: J J 11-242 WHEREAS, the Chesterfield Farm Bureau is an organization with more than 2,500 members, 183 of whom are directly involved in agricultural production; and WHEREAS, the Chesterfield Farm Bureau works with 87 other farm bureaus that comprise the Virginia Farm Bureau Federation; and WHEREAS, the mission of the Chesterfield Farm Bureau and the Virginia Farm Bureau Federation is to support Virginia farmers and to foster understanding and appreciation of the importance of agriculture to Virginia; and WHEREAS, as part of its efforts to educate the public about ways in which agriculture can prosper in order to improve the lives of Virginians, the Chesterfield Farm Bureau has achieved its goal of donating a Learning Barn to each of the county's 38 elementary schools; and WHEREAS, a Learning Barn is a bookshelf shaped and painted to resemble a barn; and WHEREAS, the Learning Barns are built by young farmers in the Richmond Metropolitan Area and surrounding counties at a cost of approximately $450 each in materials and labor; and WHEREAS, the Learning Barns are stocked with 20-30 books featuring agricultural themes, worth more than $250 per set; and WHEREAS, these donations will help youths to understand where their food comes from as they learn about agriculture in Virginia; and WHEREAS, the Virginia Foundation for Agriculture in the Classroom is a nonprofit affiliate of the Virginia Farm Bureau that provides teachers with workshops and materials aligned with the Virginia Standards of Learning so teachers can incorporate agricultural topics in their lesson plans in kindergarten through grade 8 for science, math, language arts and social studies; and WHEREAS, this year, more than 1,400 teachers will participate in the program. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, hereby recognizes the outstanding contributions of the Chesterfield Farm Bureau to Chesterfield County's Public Schools, thanks them for their generosity and interest in our young people, and extends best wishes for continued success. AND, BE IF FURTHER RESOLVED that this resolution be recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Warren presented the executed resolution to the members of the Chesterfield Farm Bureau, expressed appreciation for their generous donations and congratulated them on their success. 11-243 Each member introduced themselves and their role with the Chesterfield Farm Bureau. Ms. Jaeckie expressed appreciation to the Chesterfield Farm Bureau for its donation to the schools. Mr. Gecker stated the learning barns are well used resources for Chesterfield County schools. Mr. Holland expressed appreciation for the Chesterfield Farm Bureau's generous donation. 14.D. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Terrence L. Graves, Mr. Christopher Michael Pitek and Mr. Thomas James Newsome, who were present to receive their resolutions. On motion of Mr. Holland, seconded by, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Terrence L. Graves, Jr. and Mr. Christopher Michael Pitek, both of Troop 2822, sponsored by Bethia United Methodist Church, and Mr. Thomas James Newsome, Troop 876, sponsored by Mount Pisgah United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society Terrence, Christopher and Thomas have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, hereby extends its congratulations to Mr. Terrence L. Graves, Jr., Mr. Christopher Michael Pitek and Mr. Thomas James Newsome and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J J J 11-244 Mr. Holland, Ms. Durfee and Mr. Gecker presented the executed resolutions to Mr. Graves, Mr. Pitek and Mr. Newsome., accompanied by members of their families, congratulated them on their achievements and wished them future success in scouting and academic ventures. Mr. Graves, Mr. Pitek and Mr. Newsome each provided details of their Eagle Scout projects and thanked their family members and others for their support. 14.E RECOGNIZING APRIL 18-22, 2011, AS "CHESTERFIELD COUNTY CLASSICS WEEK" Mr. Kappel introduced Mr. Ben Dreith and Mr. Blair Wriston, Co-First Vice-Presidents of the Midlothian High School Latin Club, who were present 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 14 chapters of the Junior Classical League, comprised of nearly 1800 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. 11-245 NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 13th day of April 2011, publicly recognizes April 18-22, 2011, as "Chesterfield County Classics Week," and calls this observance to the attention of its citizens. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. Mr. Gecker presented the executed resolution to Mr. Dreith and Mr. Wriston and commended them both for their service to the community. Both students introduced themselves and explained their roles in the Latin Club. Ms. Amy Peterson, Latin teacher at Midlothian High School, stated the Latin program is very strong because of the dedication and enthusiasm of the students. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDING CHAPTER 10, FIRE PROTECTION, OF THE COUNTY CODE Chief Robbie Dawson stated this date and time has been advertised for a public hearing for the Board to consider amending Chapter 10, Fire Protection, of the County Code. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Durfee for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 10-3 AND 10-4 RELATING TO THE FIRE CODE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 10-3 and 10-4 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 10-3. Fire prevention code--Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, § 27-97, in the following respects: J J J 11-246 0 0 0 Chapter 3. General Precautions Against Fire 307.2 Open Burning Regulations-General, Delete and substitute Section 307.2 as follows: 0 0 0 G. Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the fire official. H. Upon declaration of an alert, . I. The fire marshal or his designee . 307.2.1 Exemptions. Delete and substitute subsection 307.2.1 as follows: 0 0 0 F. Open burning for the disposal of evidence under the direction of the Virginia State Police, Chesterfield County Police or the Fire Marshal. 307.2.2 Permissible Open Burning. Add subsection 307.2.2 as follows: A. Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: 0 0 0 6. No regularly scheduled public or private collection service . 7. Permits for burning tree trimmings and/or garden trimmings . 0 0 0 B. Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power. and communication lines, buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield Fire & EMS, Fire and Life Safety Division, provided the following conditions are met: 0 0 0 7. The burning shall not be allowed to smolder . 11-247 8. The burning shall be conducted only when . 9. The permit holder must maintain liability insurance 0 0 0 C. Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met: 0 0 0 3. The material to be burned shall consist only of . 4. All reasonable effort shall be made to minimize . 5. The location of the burning shall be a minimum of . 6. No materials may be burned in violation of the regulations . 7. The permit holder must maintain liability insurance 0 0 0 307.2.6 Revocation of Permits. Add subsection 307.2.6: A. If any permit holder violates any provision of this ordinance or if any permit holder makes a material misrepresentation on a permit application, The Fire Marshal may require the extinguishments of the fire and the burn permit shall be subject to revocation; B. Permits may be revoked or suspended when smoke, ash or other hazards create a public health or safety concern. 0 0 0 311.5 Placards. Delete and substitute section 311.5 as follows: Any building or structure that is vacant or abandoned and is determined by the fire official to be unduly dangerous to firefighting operations due to structural or interior hazards shall be marked as required by Sections 311.5 through 311.5.5 or marked as required by the fire official. 0 0 0 Chapter 9 Fire Protection Systems J J J 11-248 901.10 Permits Required. All modifications, additions, or repair work beyond the scope of routine maintenance and inspections require permits issued by the Building Official in accordance with the Uniform Statewide Building Code. 0 0 0 Sec. 10-4. Same--Modifications. The chief of the fire department or the "fire official" shall have the authority to modify any of the provisions of the Virginia Statewide Fire Prevention Code, as herein amended, upon application in writing by an owner or lessee, or his duly authorized agent, if the chief or fire official finds there are practical difficulties in carrying out the strict letter of the code. The chief or fire official shall make no modifications unless the spirit of the code is observed, public safety is secured, and substantial justice is done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department or fire official thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 16.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO LAND-DISTURBANCE PERMITS Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider amending County Code Sections 8-2 and 8-4 relating to land-disturbance permits. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to adopt the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 8-2 AND 8-4 RELATING TO LAND-DISTURBANCE PERMITS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 8-2 and 8-4 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: 11-249 Sec. 8-2. Approval of land-disturbing activity. (a) Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land-disturbing activity is taking place. No person shall install a septic tank or drain field in a resource management area as defined in the Chesapeake Bay Preservation Ordinance, unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank or drain field is being installed. (b) Persons who own, occupy or operate private lands on which agriculture, horticulture or silviculture is practiced shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Va. Code, § 10.1-560. This exemption shall ~ apply to silvicultural activities if there is full and continued compliance with silvicultural best management practices, developed and enforced by the state forester pursuant to Va. Code § 10.1-1105, during and after the land-disturbing activity. This exemption shall not apply to land-disturbing activities including the clearing of trees for the purpose of establishing a residential lawn on land in an agriculturally zoned district where the use is residential. This exemption shall also not apply to land which has been rezoned or converted, or which is proposed to be rezoned or converted, at the request of the owner or previous owner from an agricultural to a residential, commercial or industrial zoning district or use. 0 0 0 Sec. 8-4. Land-disturbance permits. (a) The environmental engineer shall not issue a land- disturbance permit to an applicant who has submitted a land- disturbance permit application unless: 0 0 0 (7) Copies of the following have been provided: a. Any wetlands permits that are required by federal or state law have been issued by the applicable state and federal regulatory agencies, or documentation has been submitted to the environmental engineer from a qualified wetlands expert, approved by the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and b. For construction sites of 2500 square feet or more, a Virginia Stormwater Management Permit application and -fee form showing the 11-250 J J J application has been filed with State Department of Conservation and Recreation. 0 0 0 (2) That this ordinance shall .become effective immediately upon adoption. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 16.C. TO CONSIDER THE ABANDONMENT OF WATKINS ANNEX BUS LOOP, STATE ROUTE 9835 Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider the abandonment of Watkins Annex Bus Loop, State Route 9835. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to adopt the following resolution and order: WHEREAS, a sketch has been provided to the Board of Supervisors of Chesterfield County depicting Watkins Annex Bus Loop, State Route 9835, to be abandoned from the Secondary System of State Highways; and WHEREAS, pursuant to a resolution of this Board, dated March 9, 2011, the required notices of the County's intention to abandon Watkins Annex Bus Loop, State Route 9835, from its intersection with Westfield Road, State Route 1002, to its intersection with Westfield Road, State Route 1002, a distance of 0.08 miles, identified as segment A-B on the attached sketch and described on Form AM-4.3, have been given in that : on March 11, 2011, a notice was posted in at least three places along Watkins Annex Bus Loop, State Route 9835; and on March 30, ,2011, and April 6, 2011, a notice was published in the Chesterfield Observer having general circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on March 11, 2011, notice was sent to the Commonwealth Transportation Commissioner; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of Watkins Annex Bus Loop, State Route 9835, segment A-B, a distance of 0.08 miles, since it serves no public necessity and is no longer necessary as a part of -the Secondary System of State Highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons Watkins Annex Bus Loop, State Route 9835, and removes it from the Secondary System of State Highways, pursuant to Section 33.1-151, Code of Virginia, 1950, as amended. 11-251 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency of the Virginia Department of Transportation. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 16.D. TO CONSIDER THE VACATION OF A SIXTY-FOOT AND VARIABLE WIDTH RIGHT OF WAY OFF JEFFERSON DAVIS HIGHWAY Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to request to vacate a sixty- foot and variable width right of way off Jefferson Davis Highway. Mr. Warren called for public comment. There being no one to speak to the issue, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Board to authorize the Chairman of the and the County Administrator to execute vacate a 60-foot and variable width Jefferson Davis Highway. (It is noted a filed with the papers of this Board.) Mr. Holland, for the Board of Supervisors a quitclaim deed to right of way off copy of the plat is Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 18. ADJOURNMENT On motion of Mr . Holland, seconded by Ms . Durfee , the Board adjourned at 7:16 p.m. until April 27, 2011 at 3:00 p.m. Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker. Nays: None. J mes St ma' r Count dministrator Arthur S. Warren Chairman 11-252 J J J