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2012-03-28 MinutesBOARD OF SUPERVISORS MINUTES March 28, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, 'Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Ms. James M. Holland County Administrator, Mr. Stephen A. Elswick Management Services Ms. Janice Blakley, Mr. James J. L. Stegmaier Clerk to the Board County Administrator Mr. Clay Bowles, Chief of Administrative Services, Others in Attendance: Sheriff's Office Ms. Marilyn Brown, Dir., Mr. David Myers, Asst. Juvenile Detention Home Supt. of Schools for Ms. Patsy Brown, Dir., Business and Finance Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Mr. Joe Horbal, Commissioner of Revenue Dr. Parham Jaberi, Dir., Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator 11-171 Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. Stan Newcomb, Engineering Supervisor, Transportation Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emergency Communications Center Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES 1.A. MARCH 5, 2012 BUDGET WORK SESSION At the request of Ms. Jaeckle, the March 5, 2012 minutes were passed over until the next regularly scheduled meeting for further clarification. 1.B. MARCH 7, 2012 REGULAR MEETING On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the minutes of March 7, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 1.C. MARCH 14, 2012 REGULAR MEETING On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the minutes of March 14, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-172 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Mike Golden presented an update on recent large tournaments held in the area that have had a positive impact on sports tourism and business in the county. • Mr. Stegmaier announced that the first components of Chesterfield County's new Comprehensive Plan, The Plan for Chesterfield 2035, have been posted to the county's website for public review and comment. • Mr. Stegmaier was pleased to report that The Children's Museum of Richmond signed a five-year lease on March 16, 2012, for a 26,000-square-foot satellite location in the Winterpock Crossing Shopping Center on Hull Street Road. 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. Elswick, seconded by Mr. Holland, the Board moved Item 5.B., Resolution Recognizing The Late Danny Lee Parnell for His Service to Chesterfield County, to be heard prior to Item 5.A.; moved Item 8.B.2.e., Resolution Recognizing March 2012 as "Sports Tourism Month in Chesterfield County", to follow Item 5.A.; and added Item 8.B.l.f., Resolution Recognizing the 60th Anniversary of Richmond Christian School. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 5. RESOLUTIONS 5.B. RECOGNIZING THE LATE DANNY LEE PARNELL FOR HIS SERVICE TO CHESTERFIELD COUNTY Mr. Covington introduced Mr. Parnell's family, who were present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Danny Lee Parnell served the citizens of Chesterfield County faithfully for 37 years and 2 months until his passing on March 6, 2012; and WHEREAS, in his earlier years from January 25, 1971 until January 16, 1973, Mr. Parnell served his country in the United States Army and was stationed in Germany until he was honorably discharged in 1973, attaining the rank of Corporal; and 11-173 WHEREAS, on January 6, 1975, Mr. Parnell began his public service with Chesterfield County as a Utility Construction Inspector I for the Utilities Department in the Construction Inspection Section; and was promoted twice within the span of one year, receiving the first promotion on February 1, 1978, to Utility Construction Inspector II and then again on January 1, 1979, to Utility Construction Inspector III; and WHEREAS, Mr. Parnell was responsible for the field inspections of water and wastewater improvements within new residential subdivisions and commercial and industrial developments to ensure that all work was installed in strict accordance with local, state and federal requirements; and inspecting a wide variety of water and wastewater infrastructure projects ranging from pumping stations to small and large utility lines; and through his superior knowledge of the department's many processes and procedures, provided effective communication skills to successfully resolve difficult issues affecting the community and individual citizens utilizing his extraordinary patience and compassion; and WHEREAS, Mr. Parnell possessed considerable knowledge, skills and abilities in the construction principles and practices for utility systems and was proficient in the use of engineering and surveying equipment, and applied sound judgment and problem-solving techniques to resolve construction issues; and WHEREAS, during his career, Mr. Parnell achieved inspection certifications from the Virginia Department of Highways and Transportation and the Virginia Division of Soil and Water Conservation; and was an active member of the American Water Works Association and the American Public Works Association; and WHEREAS, Mr. Parnell became a Principal Utilities Inspector in 1983 and held that title until his position was reclassified to Construction Inspection Supervisor on May 17, 1997; and for the past 20 years, Mr. Parnell supervised the Utilities Construction Inspection staff responsible for water and wastewater inspections related to new development projects, road projects and capital improvement projects; and WHEREAS, Mr. Parnell was very humble, which was strengthened by his dedication to the job, willingness to put in the time, personal resolve to do the right thing, ability to get the job done, meticulous attention to detail, and presence of mind; and his actions as the center spoke of the Utilities Construction Inspection Section provided the cohesive leadership for his highly respected and efficient team of inspectors; and WHEREAS, Mr. Parnell faithfully served on the Chesterfield County Utilities Department Product and Design Review Committee since 2006, providing his expertise in the evaluation of new designs, construction methods and materials for use in the expansion of the department's water and wastewater systems; and WHEREAS, Mr. Parnell was selected twice as the Utilities Department Employee of the Year; and J J 11-174 WHEREAS, Mr. Parnell was the creator, chief writer, photographer and editor of the Utilities Department "Tripod Times" newsletter, and demonstrated his creativity and adaptability in the 141 monthly editions that he published since June of 2000, devoting countless hours seeking out stories, highlighting special events, employee marriages, birth announcements, graduations, hobbies, special collections, pets and vacations, truly setting the standard of what it means to be a dedicated Utilities employee who took pride in his job and the department; and WHEREAS, Mr. Parnell was admired by his peers end coworkers and was highly respected by the contractors, engineers and developers he worked with on a daily basis where he reflected his gentleness and his caring traits, while being decisive and fair when dealing with complicated matters of construction; and throughout his career with Chesterfield County, he displayed dependability, aptitude, good character, and the ability to inspect water and wastewater installations with efficiency and credibility, and a sustained dedication to providing excellent customer service to the citizens of Chesterfield County; and WHEREAS, Mr. Parnell was a friend, leader and mentor to his staff and other co-workers and achieved those qualities through his many activities outside the workplace, serving the community as a football coach for many years with the Salem Church Athletic Association, as a member of the Salem Church Athletic Association Board, coaching baseball in the Chesterfield Little League Association and teaching Sunday School at Centralia Presbyterian Church for 28 years, where he was a life-long member. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of March 2012, publicly recognizes the outstanding contributions of Mr. Danny Lee Parnell and extends on behalf of its members and the citizens of Chesterfield County, appreciation for 37 years and 2 months of exceptional service to the county. - Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker presented the executed resolution to Mr. Parnell's family and expressed his deepest condolences for their loss. Mr. Stegmaier presented Mrs. Parnell with an acrylic statue and county watch and expressed appreciation for her husband's outstanding service to the county. Mr. Holland expressed his condolences to Mr. Parnell's family for their loss. He stated Mr. Parnell made a significant difference in many people's lives. 11-175 5.A. RECOGNIZING APRIL 22-28, 2012, AS "ADMINISTRATIVE PROFESSIONALS WEEK" Mr. Kappel introduced representatives from the Tri-Cities and Old Dominion Chapters of the International Association of Administrative Professionals (IAAP), who were present to receive the resolution. On motion of Mr. Holland, seconded by Ms. Jaeckle, 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 2012" is "Admins, the pulse of the office," reflecting the fact that the lifeblood of modern business flows through and depends on highly skilled administrative professionals. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 28th day of March 2012, publicly recognizes the week of April 22-28, 2012, as "Administrative Professionals Week," and Wednesday, April 25th as "Administrative Professionals Day" in Chesterfield County, saluting the valuable contributions of administrative professionals in the workplace and calling on all employers to support continued training and development for administrative staff, recognizing that a well-trained workforce is essential for success in today's business world. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker presented executed resolutions to the designated representatives from each chapter 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. J J J 11-176 8.B.l.e. RECOGNIZING MARCH 2012 AS "SPORTS TOURISM MONTH" IN CHESTERFIELD COUNTY Ms. Aylward introduced Mr. Jack Berry, President and CEO of the Richmond Metropolitan Convention and Visitors Bureau, who was present to receive the resolution. On motion of Mr. Elswick, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, sports tourism has a significant economic impact on the Chesterfield County community, creating jobs for county residents and increased revenue for existing businesses, hotels, restaurants and retail establishments; and WHEREAS, more than 6 million people visit the Richmond Region annually, contributing nearly $1.8 billion to the local economy, generating nearly 20,000 jobs; and WHEREAS, the 2010 economic impact of tourism in Chesterfield County was $363 million, generating $8.3 million in local tax receipts and a local payroll of $72 million; and WHEREAS, the Greater Richmond area was listed as the 12tH Most Physically Active Region by the AGSM American Fitness Index; and WHEREAS, the Richmond region is the 4th Most Physically Active Region with more than 1 million people, as identified by the Center for Disease Control; and WHEREAS, March 13, 2012 marked the grand opening celebration of Collegiate School Aquatics Center, which is expected to host more than 400,000 visitors annually; and WHEREAS, on March 16, 2012, the Richmond Metropolitan Convention and Visitors Bureau announced that the Richmond Strikers Jefferson Cup Soccer March tournaments generate the highest local hotel occupancy of the year; and WHEREAS, in the month of March, Chesterfield County is also host to the Ultimate Cup girls and boys soccer tournaments, the Jefferson Cup girls and boys soccer tournaments, the Jefferson Cup Girls Qualifier and the Instant Classic Marathon at Pocahontas State Park. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes March 2012 as the official "Sports Tourism Month" of Chesterfield County and the Richmond Region -and encourages support of local businesses and sports and recreation facilities. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Holland presented the executed resolution to Mr. Berry and expressed appreciation for his continued efforts throughout Chesterfield County. Mr. Berry expressed his appreciation to the Board for the recognition and for their support. 11-177 6. WORK SESSIONS 6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2013-FY2014 BUDGET, THE PROPOSED FY2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED FY2013-FY2017 CAPITAL IMPROVEMENT PROGRAM AND UTILITIES ORDINANCE CHANGES Mr. Carmody 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. He then presented a summary of changes to the FY2013 Financial Plan primarily focusing on an overall approach that is unchanged; more than 80 percent of new resources are mainly dedicated to public safety and education; final decisions have not been made by the General Assembly; there is modest reshuffling in operation and capital plans; and an amendment will be proposed in April to address outstanding issues such as VRS, funding for schools provided by the state, compensation for employees, and outcomes of the GRTC bus routes. He stated recommended changes include a $71,500 reduction to the general fund budget with minor reductions to capital facilities, specifically seeking Board direction on operating funding in FY2014 for the Harrowgate Fire Station and the Reams-Gordon Library. He further stated other issues marked for further study include Mental Health positions; large vehicle wash rack delayed for further study; West 360 police station design funds moved into FY2014; and a review of the public safety training center in Enon, with specific space for training. Ms. Jaeckle noted the Henricus Foundation had hired a professional fundraiser using operating funds. She stated since the fundraiser was able to raise capital funds, Henricus can now support interpreters and/or school programs. Mr. Gecker referred to a newspaper article which unfairly implied that Henrico and Chesterfield were "struggling" to balance their budgets. He stated this year was an implementation year as opposed to a policy year. He further stated four years ago the Board set out a path to reduce the core of county government expenditures down to a level that could withstand a much lengthier recession that was projected at the time. He stated the end of the recession would be signified by an uptick again on overall real estate values. He further stated the county continues to slide slightly downwards in terms of revaluation of existing property. He stated the idea of adding operational costs to the budget is not correct until the county sees a time where real estate revenue rebounds. He stated there are some things that would like to be restored and stressed the importance of restoring Thursday library hours in the future. He stated by keeping the tax rate constant, there have been substantial results from operations or budget surplus. He further stated the budget has been reshaped to reflect what the Board believes are the priorities of the county, the public school system and public safety. In regards to the delay on the Reams- Gordon Library, he stated there is an operational cost to staff the facility and the Board believes it would be improper to increase operational costs going forward until revenues stabilize. In regards to the Virginia Retirement J J J 11-178 System, he stated there is enough money reserved in the budget to cover the anticipated VRS changes as well as additional compensation to the employee base. He further stated there is enough money reserved in the budget to fund schools to the level that was committed to, which means no classroom changes. He noted the GRTC bus routes will be addressed at a later time. He further stated renovations to certain schools may be contingent on the outcomes of the Comprehensive Plan revisions.' In closing, he stated he is very pleased with the excellent relationship between the Board and the school division working through the CIP and budget. He expressed his appreciation to Mr. Holland, Mr. Stegmaier, Mr. Carmody, Mr. Harris and budget staff for their hard work. Mr. Holland expressed his appreciation to Mr. Stegmaier, all county employees, Mr. Carmody, and to the community. He stated a plan was implemented four years ago to monitor spending wisely and efficiently, and as a result, the county is poised and positioned for outstanding opportunities to meet the needs of the community. Ms. Jaeckle commended Mr. Carmody, staff and the Citizen's Budget Advisory Committee for their continued stellar efforts. Mr. Elswick expressed appreciation to the citizens who attended his community meetings and provided feedback. Mr. Warren thanked all volunteers who contribute daily to balance the many needs of Chesterfield County. Mr. Stegmaier expressed his appreciation for the Board's accomplishments in terms of preserving the most critical services for citizens and putting the county on a foundation that will allow progress as a result of an inflection point in the economy. He recognized Mr. Carmody, Budget staff, directors and county staff for their outstanding efforts. 7. DEFERRED ITEMS There were no Deferred Items 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. Holland, 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: 11-179 (1) That Sections 18-22 and 18-27 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: 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 Number Capital Cost Recover Size of ERU's Charge (inches) per Unit Water Wastewat r (i) For a 5/8 1.00 $ 4,795.00 $ 4,025. 0 dwelling, single-family, including townhouses, mobile homes that are not located in a mobile home park, and individually metered multifamily dwelling units. (ii) For a 5/8 1.00 4,795.00 4,025 0 dwelling, two- family (per unit) (iii) For mobile 0.85 4,076.00 3,421 0 homes that are located in a mobile home park and for master metered ~multiple- family dwellings other than multiple- family dwellings used exclusively as housing for colleges and/or universities (per unit) 11-180 J J J Customer Class Meter Number Capital Cost Recovery Size of ERU's Charge (inches) per Unit (iv) For all other 5/8 1.00 4,795.00 4,025.00 customer classes 1 2.50 11,988.00 10,063.00 1 1/2 5.00 23,975.00 20,125.00 2 8.00 38,360.00 32,200.00 3 16.00 76,720.00 64,400.00 4 25.00 119,875.00 100,625.00 6 50.00 239,750.00 201,250.00 8 80.00 383,600.00 322,000.00 10 115.00 551,425.00 462,875.00 12 155.00 743,225.00 623,875.00 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, 2012, the consumer shall pay charges for utility service in accordance with the following schedules: (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $2.44 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $4.88. (2) Commodity cost charge. (i) Water: $1.42 per 100 cubic feet (Ccf). (ii) Wastewater: $1.62 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 11-181 Customer Class Meter Number Monthly Capacity Size of ERU's Charge (inches) per Unit (i Dwelling, single- 5/8 1.00 $ 5.76 $ 11.52 family, including townhouses and mobile homes that are not located in a mobile home park (i Dwelling, two- 5/8 1.00 5.76 11.52 i) family (per unit) (i Mobile homes that 0.85 4.89 9.79 ii 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) J (i All other 5/8 and 1.00 5.76 11.52 v) customer classes 3/4 1 2.50 14.40 28.80 1 1/2 5.00 28.80 57.60 2 8.00 46.08 92.16 3 16.00 92.16 184.32 4 25.00 144.00 288.00 6 50.00 288.00 576.00 8 80.00 460.80 921.60 10 115.00 662.40 1,324.80 12 155.00 892.80 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 capacity cost charge in subsection (a)(3)(iv). (b) Ancillary charges. Type Charge (1) Portable water meter deposit $750.00 (2) Bacteriological test for new construction, per test 35.00 (3) Meter testing charges: (i) 5/8-inch 30.00 (ii) 1-inch 30.00 (iii) 1 1/2-inch 40.00 (iv) 2-inch 40.00 (v) Meters that are larger than two inches will be charged the actual cost of the test J 11-182 (4) Temporary voluntary meter Customer cost charge disconhection fee plus capacity costs charge for each billing period of disconnection, plus service reconnection fee (5) Strong waste surcharge BOD Surcharge Rate (RBOD) _ $0.23 per pound TSS Surcharge Rate (RTSS) _ $0.21 per pound TN Surcharge Rate (RTN) = 1.64 per pound TP Surcharge Rate (RTP) = 5.07 per pound (6) Septage dumping charge $50.00 per 1,000 gallons 0 0 0 (2) That this ordinance shall become effective July 1, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.2. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE COUNTY OF CHESTERFIELD BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That for the year beginning on the first day of January, 2012, and ending on the thirty-first day of December, 2012, 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. 11-183 Sec. 2. Personal Property. (a) On automobiles, trailers, boats, boat trailers, other motor vehicles and on all tangible personal property used or held in connection with any mining, manufacturing or other business, trade, occupation or profession, including furnishings, furniture and appliances in rental units, the tax shall be $3.60 on every $100 of the assessed value thereof. (b) On aircraft as defined by Section 58.1-3503 and -3506 of the Code of Virginia, 1950, as amended, the tax shall be $.50 on every $100 of the assessed value thereof. (c) On motor vehicles owned or leased by members of volunteer rescue squads, volunteer fire departments, volunteer police chaplains and by auxiliary police officers as provided in Section 9-57, Code of the County of Chesterfield, 1997, as amended, the tax shall be $.96 on every $100 of .the assessed value thereof. (d) On wild or exotic animals as defined by Section 58.1-3506 of the Code of Virginia, 1950, as amended, the tax shall be $0.01 on every $100 of the assessed value thereof. (e) On motor vehicles which use clean special fuels as defined in Section 46.2-749.3 of the Code of Virginia, 1950, as amended, the tax shall be $3.24 on every $100 of the assessed value thereof. (f) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $.96 on every $100 of the assessed value thereof. (g) On motor vehicles which are specially equipped to provide transportation for physically handicapped individuals, the tax shall be $.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. J J J 11-184 On machinery and tools used in a manufacturing or mining business the tax shall be $1.00 on every $100 assessed- value thereof . Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays:. None. 8.A.3. ADOPTION OF THE FY2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNERSHIPS ANNUAL PLAN Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to adopt the FY2013 Community Block Grant Program and the HOME Investment Partnerships Annual Plan. Ayes: Gecker, Jaeckle, Warren, Holland, and Elswick. Nays: None. 8.A.4. ADOPTION OF THE FY2013-FY2017 CAPITAL IMPROVEMENT PROGRAM Mr. Holland made a motion, seconded by Mr. Elswick, for the Board to adopt ,the FY2013-FY2017 Capital Improvement Plan with proposed revisions as presented. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.5. ADOPTION OF THE FY2013-FY2014 BIENNIAL FINANCIAL PLAN Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to adopt the FY2013-FY2014 biennial financial plan, with changes as approved. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.A.6. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2013 AND APPROVING THE RESOLUTION FOR FY2014 Mr. Holland made a motion, seconded by Ms. Jaeckle, for the Board to adopt the following resolution appropriating funds for FY2013: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2013 FOR THE OPERATING BUDGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2012 and ending on the thirtieth day of June 2013, the following sections shall be adopted: 11-185 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, 2012, and due December 5, 2012, be appropriated for FY2013. General Fund Estimated Revenue: Local Sources: General Property Taxes Other Local Taxes Licenses, Permits, & Fees Fines, Forfeitures & Uses of Money & Property Service Charges Miscellaneous and Recovered Costs Other Agencies: State and Federal Other Financing Sources: Use of Restricted, Committed, or Assigned Fund Balance Transfer from County Grants Fund Transfer from County Capital Projects Fund Transfer from Mental Health, Support Services Transfer from Fleet Management Transfer from Water Operating Fund Transfer from Wastewater Operating Fund Unassigned Fund Balance 7/1/2012 Total Revenues Appropriations: General Government Administration of Justice Public Safety Public Works Health & Welfare Parks, Recreation, Cultural Community Development Debt Service Operating Transfers Assignments Unassigned Fund Balance, 6/30/2013 Total General Fund: *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, 2012. (See "Section 5") Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights State Aid, Comprehensive Services 013 ted $354,976,600 99,876,900 4,054,100 2,951,100 31,611,800 12,611,400 137, 382~,~000 22,970,700 1,251,300 250, 00'' 10 4 3 0 12,600 5921,1900 2,200 53,495,000 $722,142,900 $51,712 8,470 150,677 17, 132 65,517 17,936 15,944 24,157 313,131 3,967 53,495 $722,142 900 800 400 700 600 200 300 300 200 500 00~ =~y $152300 3,342 500 11-186 Transfer from Social Services 445,200 Transfer from Schools 921,100 Transfer from General Fund 1,712,100 Use of Unrestricted Net Assets 731,800 Total Revenues and Funding Sources $7,400,000 Appropriations: Operating Expenses $7,400,000 Total Appropriations $7,400,000 School Operatina Fund Estimated Revenue: Local Sources $23,605,600 State 224,466,900 Federal 29,949,600 Transfer from School CIP 700,000 Transfer from School Operating 651,100 Transfer from School Food Service 881,000 Use of Reserve 1,663,800 Transfer from General Fund: State Sales Tax 55,361,000 Local Taxes 222,181,200 Prior Year Revenue 8,988,200 Grounds Maintenance 1,818,800 Total General Fund 288,349,200 Use of Assigned Fund Balance 1,000,000 Total Revenues and Funding Sources $571,267,200 Appropriations: Instruction $380,174,700 Administration, Attendance & Health 19,651,600 Pupil Transportation 31,408,100 Operations & Maintenance 56,344,200 Technology 13,756,400 Debt Service 46,081,100 Food Service 22,032,300 Grounds Maintenance 1,818,800 Total Appropriations $571,267,200 Schools - Appomattox Regional Governor's School Fund Estimated Revenue: Local Sources $2,493,900 State 1,038,600 Total Revenues and Funding Sources $3,532,500 Appropriations Education $3,532,500 Total Appropriations $3,532,500 Countv Grants Fund Estimated Revenue: Other Governments $10,455,400 Transfer from General Fund 1,248,400 Use of Restricted, Committed, or Assigned Fund Balance 24,400 Total Revenues and Funding Sources $11,728,200 Appropriations: Adult Drug Court $643,400 Clerk of the Circuit Court Technology Trust Fund 181,300 Community Corrections Services Domestic Violence Victim Advocate (V-STOP) 58,900 Community Development Block Grant 1,576,300 Community Services Board Part C 1,373,400 Domestic Violence Prosecutor 98,900 i1-187 Families First Fire & EMS Revenue Recovery Juvenile Drug Court Grant Police Grants Domestic Violence Coordinator USDA Juvenile Detention Grant USDA Youth Group Home Grant Victim/Witness Assistance Virginia Juvenile Community Crime Act (VJCCCA) Total Appropriations County CIP Fund Estimated Revenue: Transfer from General Fund Lease/Purchase Proceeds Developer Contributions Transfer from Cash Proffers Grants Other/Interest Earnings Total Revenues Appropriations: County Capital Projects Transfer from Cash Proffer Fund Transfer to General Fund Total County CIP Funds Schools CIP Fund Estimated Revenue: Bond Proceeds Interest Earnings State Technology Funds Total Revenue and Transfers Appropriations: Transfer to School Operating Fund School Capital Projects Total Appropriations *An additional $6,484,000 in school project savings will be transferred to fully fund the FY2013 school CIP projects. Vehicle and Communications Maintenance Estimated Revenue: Fleet Management Charges Radio Shop Charges Use of Unrestricted Net Assets - Fleet Total Revenue and Funding Sources Appropriations: Fleet Fleet Radio Unres Shop Total Management Operations Capital Project Shop Operations tricted Net Assets - Radio Appropriations Capital Projects Management Fund Estimated Revenue: Reimbursement for Services Total Revenue 517,300 5,512,200 309,600 50,300 75, 000 8,200 479.000 844, $11, 728, 4 20 $13,082, 6, 696, 724, 724, 10, 000, 250, $31, 477, 300 000 700 700 000 000 700 $30,503,000 724,700 250,000 $31,477,700 20,927,000 7oo,oc 1,800,0 $23,427,000 $700,000 22,727,000 $23,427,000 $19, 920,1200 2,348,800 300,000 $22,569,000 $19,920,200 300,0 2,311,3 37,500 $22,569,000 $837,300 $837,300 11-188 Appropriations: Construction Management Operations Total Appropriations Risk Management Fund Estimated Revenue: Operating Revenues Use of Unrestricted Net Assets Total Revenue $837,300 $837,300 $7,359,600 $7,379,400 $14,739,000 Appropriations: Risk Management Operations $7,359,600 Use of Unrestricted Net Assets $7,379,400 Total Appropriations $14,739,000 Airport Fund Estimated Revenue: Operating Revenue State Grant Federal Grant Transfer from General Fund Total Revenue Appropriations: Airport Operations Airport Capital Improvements Total Appropriations Utilities Funds Estimated Revenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection Other Revenue Total Revenue Appropriations: Operations Debt Service Transfer to Capital Projects Payment in Lieu of Taxes Addition to Unrestricted Net Total Appropriations Utilities Capital Project Funds Estimated Transfer from Revenue: Improvement/Replacement Fund Total Revenue Appropriations: Capital Projects Total Appropriations Sec. 2 Appropriations in addition to those general appropriation resolution may Board only if there is available unencumbered and unappropriated su meet such appropriations. $87,419,200 $21,975,000 $21,975,000 $21,975,000 $21,975,000 contained in the be made by the in the fund an m sufficient to 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. Unless otherwise provided below, the County Administrator may transfer up to $645,000 5, 400 57,600 117, 000 $825,000 $645,000 180,000 $825,000 $71,075,000 10,754,400 589,600 5,000,200 $87,419,200 $56,954,300 7,007,200 Fund 21,975,000 589,600 Assets 893,100 11-189 $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, 2012 shall be an amendment to the adopted budget and shall be reappropriated to the 2013 fiscal year to the same department and account for which they were assigned in the previous year subject, if applicable, to any public hearing requirements. At the close of the fiscal year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for capital projects; assignments for county and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV-E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings thereon; Fire and Emergency Medical Services apparatus funding; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center; and refunds for off-site and oversized water and wastewater facilities. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automatically authorized to be assigned during the year end audit process. Revenues received from health gain-sharing proceeds will become an automatic assignment during the year end audit process. All excess revenues and results of expenses in the telecommunications program is authorized to become an automatic assignment for .future telephone system upgrades. 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 J J J 11-190 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 order for reductions to contracts. The Board of Supervisors must approve all change orders of $50,000 or more or when the aggregate of all changes to a contract exceeds 10~ of the original contract amount or 20% if the original contract is for less than $500,000. Sec. 7 The County Administrator is authorized to approve transfers among Utilities funds and capital projects as long as funding sources are consistent and total net appropriation is not increased. Should the actual contract price for a project be less than the appropriation, the County Administrator may approve the transfer of excess funds back to the original funding source upon completion of the project. Sec. 8 Upon completion of a grant program, the County Administrator is authorized to close the grant and 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 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 11-191 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 and increase expenditures in funds received by the county for expenditures related to other allowable expenditures. funds shall not lapse but be the next fiscal year. appropriate revenues excess of $50,000 for from asset forfeitures drug enforcement or The balance of these carried forward into 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. Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the assignment will continue until 100% of accumulated depreciation on the fixed assets is funded. If at the beginning of a fiscal year a reserve balance exceeds 100% of accumulated depreciation, a reduction in the annual contribution may be considered. J J J 11-192 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 operating funds as follows: a) Transfers of $50, 000 or less are subject to the approval of the Superintendent. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or shall prepare a budget changes to the approve appropriation categories, shall be presented to quarterly. the School Superintendent status report reflecting ~d school budget between as amended, and the report the County Administrator Sec. 21 In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2006, shall receive personal property tax relief in the following manner: a) Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; b) Personal use vehicles valued at $1,001 to $20,000 will be eligible for 65% tax relief; c) Personal use vehicles valued at $20,001 or more shall receive 65o 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 11-193 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. And, further, the Board adopted the following appropriations resolution for fiscal year 2014 for fiscal planning purposes: A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED REVENUES FOR FY2014 FOR FISCAL PLANNING PURPOSES FOR THE OPERATING BUDGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Chesterfield: That for the fiscal year beginning on the first day of July 2013 and ending on the thirtieth day of June 2014, 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, 2013, and due December 5, 2013, be appropriated for FY2014. FY201} A rove General Fund Estimated Revenue: Local Sources: General Property Taxes $357,084,90 Other Local Taxes 102,569,90 Licenses, Permits, & Fees 4,234,70 Fines, Forfeitures & Uses of Money & Property 3,451,10 Service Charges 31,733,40 Miscellaneous and Recovered Costs 12,628,10 Other Agencies: State and Federal 139,733,40 Other Financing Sources: Use of Restricted, Committed, or 23,284,90 J J J 11-194 Assigned Fund Balance Transfer from County Grants Fund Transfer from County Capital Projects Fund Transfer from Services Transfer from Transfer from Transfer from Fund Mental Health, Support Fleet Management Water Operating Fund Wastewater Operating Unassigned Fund Balance 7/1/2013 Total Revenues iations: General Government Administration of Justice Public Safety Public Works Health & Welfare Parks, Recreation, Cultural Community Development Debt Service Operating Transfers Assignments Unassigned Fund Balance, 6/30/2014 Total General Fund: *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, 2013. (See "Section 5") 1,251,300 250,000 101,800 12, 900 593,000 2,200 53,495,000 $730,426,600 $52,153,100 8,526,900 153,239,100 17,129,000 65,807,400 17,895,000 16,025,300 24,793,200 316,798,.100 4,059,500 54,000,000 $730,426,600 Comprehensive Services Fund Estimated Revenue: Reimbursement, Colonial Heights $152,300 State Aid, Comprehensive Services 3,342,500 Transfer from Social Services 445,200 Transfer from Schools 921,100 Transfer from General Fund 1,712,100 Use of Unrestricted Net Assets 731,800 Total Revenues and Funding Sources $7,400,000 iations: Operating Expenses $7,400,000 Total Appropriations $7,400,000 school Operating Fund estimated ?evenue: Local Sources $24,798,400 State 224,660,900 Federal 32,418,600 Transfer from School Operating 651,100 Transfer from School Food Service 881,000 Transfer from General Fund: State Sales Tax 57,257,700 Local Taxes 221,181,200 Prior Year Revenue 10,000,000 Grounds Maintenance 1,818,800 Total General Fund 290,257,700 Use of Assigned Fund Balance 1,000,000 Total Revenues and Funding Sources $574,667,700 11-195 * Appropriations: Instruction $380,174,701 Administration, Attendance & Health 19,651,601 Pupil Transportation 31,408,101 Operations & Maintenance 56,344,201 Technology 13,756,401 Debt Service 45,481,601 Food Service 22,032,301 Grounds Maintenance 1,818,801 Transfer and Assignment for School Capital Projects 4,000,001 Total Appropriations $574,667,70 Schools - Appomattox Recrional Governor's School Fund Estimated Revenue: Local Sources $2,493,90 State 1,038,60 Total Revenues and Funding Sources $3,532,501 Appropriations Education $3,532,501 Total Appropriations $3,532,501 County Grants Fund Estimated Revenue: Other Governments $10,458,40.. Transfer from General Fund 1,253,801 Use of Restricted, Committed, or Assigned Fund Balance 24,401 Total Revenues and Funding Sources $11,736,601 Appropriations: Adult Drug Court $642,601 Clerk of the Circuit Court Technology Trust Fund 181,301 Community Corrections Services Domestic Violence Victim Advocate (V-STOP) 60, 901 Community Development Block Grant 1,576,301 Community Services Board Part C 1,373,401 Domestic Violence Prosecutor 98,901 Families First 517,301 Fire & EMS Revenue Recovery 5,515,201 Juvenile Drug Court Grant 311,201 Police Grants Domestic Violence Coordinator 50,301 USDA Juvenile Detention Grant 75,001 USDA Youth Group Home Grant 8,201 Victim/Witness Assistance 480,601 Virginia Juvenile Community Crime Act (VJCCCA) 845,401 Total Appropriations $11,736,60{ County CIP Fund Estimated Revenue: Transfer from General Fund $14,952,30 Lease/Purchase Proceeds 4,500,00 Developer Contributions 861,10 Transfer from Cash Proffers 861,10 Grants 150,00 Other/Interest Earnings 250,00 Total Revenues $21,574,50 Appropriations: County Capital Projects $20,463,40 Transfer from Cash Proffer Fund 861,10 Transfer to General Fund 250,00 J J J 11-196 Total County CIP Funds Schools CIP Fund Estimated Revenue: Transfer from School Operating Fund Bond Proceeds/Other Debt Transfer from Cash Proffer Fund Total Revenue and Transfers appropriations: School Capital Projects ~, Total Appropriations *An additional $2,484,000 in school project savings will be transferred to fully fund the FY2014 planned school CIP projects. Vehicle and Communications Maintenance timated venue: Fleet Management Charges Radio Shop Charges Use of Unrestricted Net Assets - Fleet Total Revenue and Funding Sources riations: Fleet Management Operations Fleet Capital Project Radio Shop Operations Unrestricted Net Assets - Radio Shop Total Appropriations pital Projects timated venue: propriations: isk Mana stimated evenue: Operating Revenues Use of Committed/Assigned Net Assets Total Revenue iations: Risk Management Operations Use of Unrestricted Net Assets Total Appropriations rport Fund timated venue: Operating Revenue Total Revenue iations: Airport Operations Total Appropriations tilities Funds stimated evenue: Service Charges Capital Cost Recovery Charges Hydrant/Fire Protection ement Fund $21,574,500 $4,000,000 25,423,600 2,161,900 $31,585,500 31,585,500 $31,585,500 $19,920,200 2,352,400 915, 000 $23, 187, 600 $19,920,200 915,000 2, 189, 900 ~ti~ inn $23,187,600 Reimbursement for Services $837,300 Total Revenue $837,300 Facility Management Operations $837,300 Total Appropriations $837,300 dement Fund $7,359,600 7,379,400 $14,739,000 $7,359,600 7,379,400 $14,739,000 $645,600 $645,600 ~tia~ tinn ~n~~,nuu $71,075,000 11,914,400 589,600 11-197 Other Revenue Use of Unrestricted Net Assets Total Revenue Appropriations: Operations Debt Service Transfer to Capital -Projects Fund Payment in Lieu of Taxes Total Appropriations Utilities Capital Project Funds Estimated Transfer from Improvement/Replacement Revenue: Fund Total Revenue Appropriations: Capital Projects Total Appropriations 5,489,20 2343170 $112,499,90 $57,866,20 7,005,10 47,039,00 589,60 $112,499,90 $36,335,00 $36,335,00 $36,335,00 $36,335,00 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. Unless otherwise provided below, the County Administrator may transfer up to $50,000 from the unencumbered appropriated balance and prior year end carry forward assignments from one appropriation category (including assigned fund balance) to another appropriation category. No more than one transfer may be made for the same item causing the need for a transfer, unless the total amount to be 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, 2013 shall be an amendment to the adopted budget and shall be reappropriated to the 2014 fiscal year to the same department and account for which they were assigned in the previous year subject, if applicable, to any public hearing J J J 11-198 announcements. At the close of the fiscal year, all unassigned appropriations lapse for budget items other than: capital projects; general fund transfers for capital projects and grants; construction assignments for capital projects; assignments for county and school future capital projects; other use of restricted, committed, or assigned fund balances; District Improvement Funds; donations restricted to specific purposes; federal and state grants, PPTRA revenues; other revenue and program income; revenue recovery funds; Title IV-E funds; cash proffers; all tax revenues received for special assessment districts and interest earnings thereon; Fire and Emergency Medical Services apparatus funding; Economic Development incentive funds; actual transient occupancy tax revenues received and budgeted expenditures in connection with the Richmond Convention Center; and refunds for off-site and oversized water and wastewater facilities. Any funds budgeted in a given fiscal year that are specifically budgeted to add to an assignment of fund balance shall be automatically authorized to be assigned during the year end audit process. Revenues received from health gain-sharing proceeds will become an automatic assignment during the year end audit process. All excess revenues and results of expenses in the telecommunications program is authorized to become an automatic assignment for future telephone system upgrades. Sec. 6 Appropriations designated for capital projects will not lapse at the end of the f 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 l00 of the original contract amount or 20o 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 11-199 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 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. J J 11-200 Sec. 16 The County Administrator is authorized to reallocate funding sources for capital projects, arbitrage rebates/penalties, and debt service payments and to appropriate bond interest earnings to minimize arbitrage rebates/penalties, including the appropriation of transfers among funds to accomplish such reallocations. Budgets for specific capital projects will not be increased beyond the level authorized by Sections 3 and 4. Sec. 17 Salaries for Planning Commissioners will be increased equivalent to the merit increase county employees are eligible for. The effective date for pay increases, including the Planning Commission and the Board of Supervisors, may cross fiscal years. Sec. 18 The County Administrator is authorized to approve transfers among funds and capital projects as long as total net appropriation is not increased. Sec. 19 The Utilities Department rate stabilization assignment shall be maintained as per guidelines outlined below: a) The minimum annual contribution to the assignment will be 50% of the previous year's depreciation on fixed assets. b) The annual contribution to the assignment will continue until 1000 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 25% of that utility's fixed asset accumulated depreciation, other than for Utility internal borrowing purposes. d) The declaration of a financial emergency by the Director of Utilities and a corresponding four- fifths vote by the Board of Supervisors at a publicly advertised meeting declaring the existence of such an emergency is required to suspend Sec. 19a, Sec. 19b, and Sec. 19c. Sec. 20 Upon adoption of this resolution, the School Board and/or the School Superintendent may make expenditure and revenue changes within the school operating funds as follows: a) Transfers of $50, 000 or less are subject to the approval of the Superintendent. b) Transfers of $50,001 to $499,999 require the approval of the Superintendent and the School Board. c) Transfers of $500,000 or more require the approval of the Superintendent, the School Board, and the Board of Supervisors. The School Board and/or the School Superintendent i1-201 shall prepare a budget status report reflecting changes to the approved school budget between appropriation categories, as amended, and the report shall be presented to the County Administrator quarterly. Sec. 21 In accordance with the requirements set forth in Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly, any qualifying vehicle situated within the County commencing January 1, 2006, shall receive personal property tax relief in the following manner: a) Personal use vehicles valued at $1,000 or less will be eligible for 100°s 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. f) Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 of the county code from the original due date of the tax. Sec. 22 The County Administrator is authorized to reduce a department's current year budget appropriation by a dollar amount equal to the prior year's overspending inclusive of encumbrances carried forward. Ayes: Gecker, Jaeckle, warren, Holland and Elswick. Nays: None. Ms. Jaeckle congratulated Mr. Matt Harris, Senior Budget and Management Analyst, on the arrival of his newborn son. J J J 11-202 8.B. CONSENT ITEMS 8.B.1. ADOPTION OF RESOLUTIONS 8.B.l.a. RECOGNIZING THE LATE THOMAS K. MCLAUGHLIN, JR. FOR HIS SERVICE TO HENRICUS HISTORICAL PARK AND CHESTERFIELD COUNTY AS THE RECONSTRUCTED 1611 CI'rIE OF HENRICUS HONORARY TOWN ARCHITECT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, The Henricus Foundation and Parks and Recreation have recommended recognition of the significant contributions made by the late Mr. Thomas Kesler McLaughlin, Jr. as the honorary town architect of the historic 1611 Citie of Henricus; and WHEREAS, Mr. McLaughlin designed the four major historically significant re-created buildings that comprise the 1611 Citie of Henricus including Mt. Malady, The Phoenix Ordinary, Rocke Hall and the colonial Anglican church soon to be built; and WHEREAS, Mr. McLaughlin dedicated himself to researching the early colonial architectural history of Virginia on behalf of the 1611 Citie of Henricus, Chesterfield County and Henrico County to ensure historical accuracy; and WHEREAS, because of the Mr. McLaughlin's research, architectural designs and construction guidance, the 1611 Citie of Henricus now stands as a significant cultural and educational site in Chesterfield and Henrico Counties and the Commonwealth of Virginia; and WHEREAS, Mr. McLaughlin's contributions to the 1611 Citie of Henricus and Chesterfield County enable Henricus Historical Park to educate nearly 20,000 area school children through SOL-aligned educational programs and thousands more adults each year about life in 17th Century Virginia. NOW, THEREFORE, BE IT County Board of Supervisors contributions of the late Mr and expresses appreciation, Chesterfield County, for his preservation, reconstruction early colonial history. RESOLVED that the Chesterfield recognizes the life, work and . Thomas Kesler McLaughlin, Jr. on behalf of the citizens of invaluable contributions to the and dissemination of Virginia's Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-203 8.B.l.b. RECOGNIZING APRIL 8-14, 2012, AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK" IN CHESTERFIELD COUNTY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Chesterfield County Emergency Communications Center became its own department in 1992 with the expectation it would provide call taking and dispatch services to other public safety agencies within Chesterfield County; and WHEREAS, emergency communications officers daily serve the public in countless ways without regard for recognition received for services rendered; and WHEREAS, emergency communications officers are more than a calm and reassuring voice, but are knowledgeable and highly trained individuals who work closely with other police, fire, medical, animal control and sheriff personnel in the management of vital government communications and other services that affect the health and safety of our citizens; and WHEREAS, the work of these "first responders" is invaluable in emergency situations, and our citizens' health, safety, and well-being are often dependent on the commitment and devotion of emergency communications officers and their ability to render potentially lifesaving pre-arrival instructions; and WHEREAS, emergency communications officers of the Chesterfield Emergency Communications Center work with all public safety partners, both internal and regional, to enhance the response of key personnel to incidents of personal and natural disasters; and WHEREAS, their leadership and participation in training and other activities increase not only their knowledge, but the public knowledge of the enhanced emergency system housed within Chesterfield County; and WHEREAS, each emergency communications officer serves as a vital link between public safety and other public safety organizations; and WHEREAS, each emergency communications officer has exhibited compassion, understanding and professionalism in the performance of their duties .during the past year. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the week of April 8- 14, 2012, as "National Public Safety Telecommunications Week" in Chesterfield County, in honor of the men and women whose diligence, compassion and professionalism keep our county and citizens safe. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-204 8.B.l.c. RECOGNIZING MR. KENNETH W. YOUNG, EMERGENCY COMMUNICATIONS CENTER, UPON HIS RETIREMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Kenneth W. Young began his public service with Chesterfield County as a Dispatcher in December 1988 in the Emergency Communications Center, and faithfully served the county for 23 years until April 1, 2012; and WHEREAS, Mr. Young was able to adapt to, the ever- changing environment and growth within Chesterfield County and the Emergency Communications Center and participated in upgrades of the enhanced 9-1-1 system, county's radio system, and Computer-Aided Dispatch System throughout his career; and WHEREAS, Mr. Young has .served in a multitude of positions during his career to include Dispatcher, Cross- trained Dispatcher, Instructor, Assistant Supervisor, and Supervisor; and WHEREAS, Mr. Young was presented a Lifesave Award for the successful application of pre-arrival instructions that resulted in the saving of a life; and WHEREAS, Mr. Young was named the Emergency Communications Officer of the Year for 1990; and WHEREAS, Mr. Young has significantly impacted continual training of Emergency Communications Center employees, and these contributions have afforded the center the ability to maintain and build its future communications officers; and WHEREAS, Mr. Young displayed a helpful, courteous, and caring attitude while working with internal and external customers; and WHEREAS, Mr. Young has provided a high level of commitment to his work performance as a thorough and conscientious employee; and WHEREAS, Mr. Young has provided the Emergency Communications Center and Chesterfield County with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Young's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Kenneth W. Young and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Young, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-205 8.B.l.d. SUPPORTING LEGISLATION TO EXPAND THE PETERSBURG NATIONAL BATTLEFIELD PARK BOUNDARY On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Senators James Webb and Mark Warner have introduced 5.713, the Petersburg National Battlefield Boundary Modification Act, into the Senate; and WHEREAS, Representative Randy Forbes has introduced H.R.1296, the Petersburg National Battlefield Boundary Modification Act, into the House of Representatives; and WHEREAS, both bills would modify the boundary of Petersburg National Battlefield to include 7,238 acres of core battlefield lands significant to the Siege and Defense of Petersburg; all land purchased from willing sellers; and WHEREAS, Federal troops landed in Bermuda Hundred and established a base of operations in May of 1864; and WHEREAS, the first attacks on the defenses of Petersburg in June of 1864 were carried out by Federal troops crossing over the Appomattox River from the Bermuda Hundred Peninsula of Chesterfield County; and WHEREAS, the expansion of the Petersburg National Battlefield will ultimately lead to more tourist visitation in the central Virginia area and will help boost tourism to sites associated with the Civil War in Chesterfield County; and WHEREAS, Jun beginning of the expected to be a important battles the history of the e 2014 will be the 150th Anniversary of the Siege and Defense of Petersburg and is major tourism event for one of the most of the Civil War and a significant event in Petersburg Campaign; and WHEREAS, the Chesterfield County Board of Supervisors has a vested interest in the improvement, expansion and proper management and maintenance of the Petersburg National Battlefield, a valuable asset to the Tri-Cities which in 2010, brought more than 175,000 visitors and $8 million to the local economy; and WHEREAS, the Chesterfield County Board of Supervisors is desirous of encouraging the passage of 5.713 and H.R.1296, the Petersburg National Battlefield Boundary Modification Acts. NOW, THEREFORE, BE IT RESOLVED by Chesterfield County that the Board of Supervisors encourages the passage of 5.713 and H.R.1296, and directs the Clerk of Council to send attested copies of this resolution to the Secretary of the Interior, to Senators James Webb and Mark Warner, to Congressman J. Randy Forbes, and to Superintendent, Lewis Rogers, Petersburg National Battlefield. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-206 8.B.l.f. RESOLUTION RECOGNIZING THE SIXTIETH ANNIVERSARY OF RICHMOND CHRISTIAN SCHOOL On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County, Virginia, is a FIRST CHOICE community and a recognized leader among local governments in America; and WHEREAS, Chesterfield County has been selected five consecutive times by The America's Promise Alliance as "One of .the 100 Best Communities in America for Young People"; and WHEREAS, providing the finest educational opportunities for our young people is one of Chesterfield County's recognized strengths as a community; and WHEREAS, in this regard, Chesterfield County has a strong reputation for the quality of its public-school system; and .WHEREAS, Chesterfield County also recognizes the important contributions of its fine private schools, including Richmond Christian School, located on Belmont Road in Chesterfield, Virginia; and WHEREAS, Richmond Christian School is a private, co- educational, college preparatory, Christian day school for students from kindergarten through grade 12; and WHEREAS, Richmond Christian School is situated on 33 acres, and currently serves approximately 300 students representing more than 230 families who attend approximately 120 different churches; and WHEREAS, Richmond Christian School is committed to providing excellence in academic instruction at all grade levels, and to preparing students for a successful and fulfilling life and the successful attainment of advanced degrees for those who seek them; and WHEREAS, Chesterfield County families are fortunate to have Richmond Christian School as one of the choices for their children's education; and WHEREAS, Richmond Christian School is celebrating its 60th anniversary this year; and WHEREAS, this Board of Supervisors values the contributions of Richmond Christian School to the young people of Chesterfield County and their families. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield Board of Supervisors, on behalf of all Chesterfield County residents, extends congratulations to Richmond Christian School on the occasion of its 60th anniversary, and extends best wishes for continued success. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. i1-207 8.B.2. AWARD OF REQUIREMENTS CONTRACTS FOR PROFESSIONAL ENGINEERING SERVICES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the County Administrator to execute annual requirements contracts with EEE Consulting, Inc., Faulkner & Flynn, Inc., Golder Associates Inc. and Schnabel Engineering to provide professional environmental engineering services for Chesterfield County. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.3. SET DATE FOR PUBLIC HEARINGS 8.B.3.a. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING DEPARTMENT FEES On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set April 25, 2012, as the date for a public hearing to consider proposed adjustments to Planning Department fees. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.3.b. TO CONSIDER MODIFICATION OF THE EXISTING "NO THROUGH TRUCK TRAFFIC RESTRICTION" ON COURTHOUSE ROAD FROM HULL STREET TO IRON BRIDGE ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board set April 25, 2012, as the date for a public hearing to consider a request that the Virginia Department of Transportation modify the existing "No Through Truck Traffic Restriction" on Courthouse Road to apply only to the two-lane section of Courthouse Road between the Route 288 interchange and Iron Bridge Road (Route 10). Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.4. STATE ROAD ACCEPTANCE On motion of Ms. Jaeckle, seconded by Mr. Holland, 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. J J J 11-208 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: Collington Section 10 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 • Pembrooke Dock Place, State Route Number 7611 From: Pembrooke Dock Lane, (Route 6005) To: Cul-de-sac, a distance of: 0.13 miles. Recordation Reference: PB 176, Pg 9 Right of Way width (feet) = 40 • Pembrooke Dock Lane, State Route Number 6005 From: 0.02 miles northwest of Pembrooke Dock Lane, Route 6005) To: 0.03 miles northwest to Pembrooke Dock Place, (Route 7611), a distance of: 0.03 miles. Recordation Reference: PB 176, Pg 9 Right of Way width (feet) = 44 • Pembrooke Dock Lane, State Route Number 6005 From: 0.03 miles northwest of Pembrooke Dock Place, (Route 7611) To: 0.03 miles northwest to Collington Drive, (Route 5989), a distance of: 0.03 miles. Recordation Reference: PB 176, Pg 9 Right of Way width (feet) = 44 • Pembrooke Dock Court, State Route Number 7612 From: Pembrooke Dock Lane, (Route 6005) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: PB 176, Pg 9 Right of Way width (feet) = 40 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.5. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS 8.B.S.a. FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted a music/entertainment festival permit to the Chesterfield County Fair Association for the annual Chesterfield County Fair, subject to compliance with staff recommendations Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-209 8.B.5.b. FOR REITHOFFER SHOWS, INCORPORATED TO CONDUCT A CARNIVAL AT THE JEFFERSON DAVIS FLEA MARKET On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted the request of Reithoffer Shows, Inc., for a music/entertainment festival permit, for a carnival at the Jefferson Davis Flea Market on May 1 through May 6, 2012, subject to compliance with staff recommendations. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.6. REQUESTS FOR PERMISSION 8.B.6.a. FROM JAMES T. YANDLE AND JANET M. YANDLE FOR A FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE AND ACCESS EASEMENT ACROSS LOT 33, BERMUDA ORCHARD, SECTION TWO On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted James T. Yandle and Janet M. Yandle permission for a fence to encroach within a 16' drainage and access easement across Lot 33, Bermuda Orchard, Section Two, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.6.b. FROM JUDY EVERSON AND NATHAN J. EVERSON, SR. FOR A SHED ON A CONCRETE SLAB TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 16, ARBOR MEADOWS, SECTION TWO On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Judy Everson and Nathan J. Everson, Sr. permission for a shed on a concrete slab to encroach within an 8' easement across Lot 16, Arbor Meadows, Section Two, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.6.c. FROM VERNON E. LAPRADE, JR. AND BARBARA S. LAPRADE TO INSTALL PRIVATE WATER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE PROPERTIES ON IRON BRIDGE ROAD On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board granted Vernon E. LaPrade, Jr. and Barbara S. LaPrade permission to install private water services within private easements, and authorized the County Administrator to execute the water connection agreements. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-210 8.B.7. REQUESTS TO QUITCLAIM 8.B.7.a. WATER, SEWER AND DRAINAGE EASEMENTS ACROSS THE PROPERTY OF KROGER LIMITED PARTNERSHIP I On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate water, sewer and drainage easements across the property of Kroger Limited Partnership I. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.7.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT AND A SIXTEEN-FOOT AND VARIABLE WIDTH DRAINAGE EASEMENT (PUBLIC) ACROSS THE PROPERTY OF STONEBRIDGE REALTY HOLDINGS LLC On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement and a 16' and variable width drainage easement (Public) across the property of Stonebridge Realty Holdings LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.8. REQUEST TO AMEND A LICENSE FOR CONCRETE DRIVEWAYS AND SIDEWALKS ENCROACHING WITHIN A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF RIVERMONT CONDOMINIUMS, INCORPORATED On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved an amended license agreement with Rivermont Condominiums, Inc. for concrete driveways and sidewalks encroaching within a 16' water easement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.B.9. APPROVAL OF SPRING RUN ROAD (TRIPLE CROWN DRIVE TO ROYAL BIRKDALE BOULEVARD) RECONSTRUCTION PROJECT DESIGN On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the design of the Spring Run Road (Triple Crown Drive to Royal Birkdale Boulevard) Reconstruction Project. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. i1-211 8.B.10. TRANSFER OF ADDITIONAL FUNDS AND AWARD THE CONSTRUCTION CONTRACT FOR THE CHALKLEY ROAD CURVE REALIGNMENT PROJECT NORTH OF ECOFF AVENUE On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board transferred an additional $261,400 from road cash proffers (traffic shed 13) and awarded the construction contract for the Chalkley Road Curve Realignment Project North of Ecoff Avenue. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board accepted the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at .this time. 11. CLOSED SESSION PURSUANT TO SECTION 2.2=3711(A)(1), CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION AND CONSIDERATION OF THE SALARY, COMPENSATION AND PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board went into closed session pursuant to Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended, for discussion and consideration of the salary, compensation and performance of a specific county employee. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. J J J 11-212 NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. Mr. Holland: Aye. Mr. Elswick: Aye. Mr. Warren: Aye. Ms. Jaeckle: Aye. Mr. Gecker: Aye. 12. DINNER On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board recessed to Room 502 for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: 13. INVOCATION Mr. Allan Carmody, Director of Budget and Management, gave the invocation. 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Major Robert Clay, United States Army Reserves (retired), led the Pledge of Allegiance. 15. RESOLUTIONS There were no Resolutions at this time. 16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 19 11-213 05SN0239 In Clover Hill Magisterial District, The Cheatham Family Limited Partnership requests rezoning and amendment of zoning district map from Agricultural (A) to Community Business (C- 3) with Conditional Use to permit multifamily and townhouse uses plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on 63.5 acres fronting approximately 550 feet on the north line of Hull Street Road, also fronting approximately 2,400 feet on the west line of Route 288 and located in the northwest quadrant of the intersection of these roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for regional mixed use uses. Tax IDs 733-680-Part of 9439; 734-678-2276; and 734-681-0526 and 3904. Mr. Turner stated Mr. Warren is requesting that Case 05SN0239 be remanded to the Planning Commission for further review. He then stated there are a number of cases that have been remanded to the Planning Commission that have not been advertised for public hearings contingent on the adoption of the Comprehensive Plan. He stated it is staff's ,intent once the Comprehensive Plan is adopted to send written notice to all applicants by which they need to bring their cases forward for public hearing. Mr. Andy Scherzer, representing the applicant, stated the remand will allow additional conversations with those in the neighborhood and continue efforts to present the case in a positive manner. He further stated he concurs with the remand request. Mr. Gecker called for public comment. Mr. Warren stated there are a number of individuals that have voiced concerns relative to the direction of the case. He reiterated Mr. Turner's comments. Mr. Warren then made a motion, seconded by Mr. Elswick, for the Board to remand Case 05SN0239 to the Planning Commission. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12Rw0142 In Bermuda Magisterial District, Wilton Family Investments, LLC requests an exception to Section 19-232 of the Chesapeake Bay Preservation Act requirements of the Zoning Ordinance to permit encroachment into the Resource Protection Area (RPA) buffer along the tributary of Great Branch Creek as a result of grading and construction related to buildings, road network, parking and associated appurtenances. The property is located at 5011 Ecoff Avenue, which is within the Proctors Creek drainage basin. Tax ID 784-654-3844. Mr. Turner stated Ms. Jaeckle has requested a 30-day deferral. Mr. Brennen Keene, representing the applicant, concurred with the deferral request. He stated the property was rezoned to residential townhouse designation in 2005, with 279 dwelling J J J 11-214 units. He further stated the original tentative was approved for construction prior to the adoption of the 2007 CBPA/RPA requirements; therefore, the original plan was approved with a much smaller RPA and with no impacts to the RPA. He stated even without the proposed changes to the tentative plan, by the adoption of the current RPA regulations, the RPA increased on the subject property and the impacts to the RPA while still building essentially the same subdivision plan, a further reduction of impacts to the RPA would require changes to the site layout that would significantly alter the layout and reduce the scope of the project beyond what would be necessary to construct a viable project. He further stated by the approval of the proposed RPA encroachment area on the revised tentative, the applicant is setting a construction area on a tentative plan that will limit the flexibility of the .construction plans should an unforeseen issue arise during the design phase. He further stated a further reduction. in the RPA encroachment could make the approved plan unbuildable. Mr. Gecker called for public comment related to the deferral. Ms. Diana Parker, a Bermuda District resident, requested a longer deferral period. She expressed concerns relative to the applicant's permit, which expired in 2010. Ms. Judy Stoneman, a Bermuda District resident, stated this particular project will not benefit the community. She requested a deferral of the case. There being no one else to speak to the deferral, the public hearing was closed. Ms. Jaeckle stated the deferral can always be extended for another thirty days if the community is not satisfied. She noted there are plans for a community meeting. Ms. Jaeckle then made a motion, seconded by Mr. Holland, for the Board to defer Case 12RW0142 until April 25, 2012. Ayes: .Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. lOSN0274 (Amended) In Bermuda Magisterial District, The Chester Company LLC requests conditional use and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign in Agricultural (A) and Community Business (C-3) Districts on 9.3 acres fronting 715 feet on the east line of Iron Bridge Road, 830 feet north of Landfill Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 774- 657-1196, 2272 and 4874; 774-658-0616; and 775-657-Part of 1181. Mr. Turner presented a summary of Case lOSN0274 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered condition. Mr. Bob Schrum accepted the recommendation. 11-215 Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case lOSN0274 and accept the following proffered condition: In addition to Ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move, but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animations effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building or project it serves; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of seventy-seven (77) feet. In addition, the electronic message center shall have a photocell that automatically adjusts the brightness according to ambient light conditions. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0143 In Dale Magisterial District, St. Luke's United Methodist Church requests conditional use approval and amendment of zoning district map to permit a child care center in a Residential (R-15) District on 5.6 acres located in the southeast quadrant of Fordham and Paulhill Roads. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 4 dwellings per acre or less. Tax IDs 754-686-2868 and 754-687-1301 and 2709. Mr. Turner presented a summary of Case 12SN0143 and stated both the Planning Commission and staff recommended approval subject to the conditions and acceptance of the proffered condition. Mr. Ray Jenkins accepted the conditions. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. J J J 11-216 Mr. Holland made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0143, subject to the following conditions: 1. The child care center shall only be permitted in conjunction with the church use. (P) 2. Except where the requirements of the underlying Residential (R-15) zoning district are more restrictive, any new development for the child care use shall conform to the requirements of the Zoning Ordinance for commercial uses in Emerging Growth Areas, excluding. setback and buffer requirements as outlined in Conditions 3 and 4. (P) 3. Any expansion of the existing playground, as shown on Exhibit A, or any new playground areas shall be setback forty (40) feet from all property lines. Within this setback, existing vegetation shall be supplemented, where necessary, with landscaping or other devices designed to achieve the buffering standards contained in Section 19-522 (a)(1) of the Zoning Ordinance for buffers less than fifty (50) feet in width. (P) And, further, the Board accepted the following proffered condition: Landscaping Within Existing Playground Setback: A. Within the setback for the existing playground adjacent to Tax IDs 754-686-6174 and 754-687-4407, as shown on Exhibit A, existing vegetation shall be supplemented to achieve a landscaped buffer which shall include a minimum of the f of lowing 1. Eleven (11) evergreen trees, which shall be comprised of two (2) different species, having a minimum height of six (6) feet at the time of planting; and 2. Six (6) crape myrtle trees having a minimum height of six (6) feet at the time of planting interspersed and spaced randomly throughout the setback to provide a mix of vegetation visible from adjacent properties to the east. B. Within ninety (90) days of the approval of this request, the applicant shall submit a landscaping plan depicting the required landscaping for review and approval by the Planning Department. Such landscaping shall be installed within twelve (12) months of such plan approval. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-217 12SN0152 In Bermuda Magisterial District, Sustainability Park, LLC requests conditional use approval and amendment of zoning district map to permit a private boat launch and associated facilities in a Heavy Industrial (I-3) District on 15 acres of a 142.7 acre tract known as 13101 North Enon Church Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for industrial use. Tax ID 828-654-Part of 9497. Mr. Turner presented a summary of Case 12SN0152 and stated both the Planning Commission and staff recommended approval. Mr. Roger Habeck accepted the recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0152. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0165 In Matoaca Magisterial District, John C. Bello requests conditional use approval and amendment of zoning district map to permit a two-family dwelling in a Residential (R-9) District on .3 acre known as 15348 Carlton Forest Court. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units/acre or less. Tax ID 715-668-8495. Mr. Turner presented a summary of Case 12SN0165 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. John Bello accepted the recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to approve Case 12SN0165 and accept the following preferred conditions: 1. Occupancy of the second dwelling unit shall be limited to: the occupants of the principal dwelling unit, individuals related to them by blood, marriage, adoption or guardianship, foster children, guests and any domestic servants. (P) 2. For the purpose of providing record notice, within thirty (30) days of approval of this request, a deed restriction shall be recorded setting forth the limitation in Condition 1. The deed book and page number J J J 11-218 of such restriction and a copy of the restriction as recorded shall be submitted to the Planning Department. (P) 3. This conditional use shall be granted to and for John C. Bello or his immediate family only and shall not be transferable nor run with the land. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0167 In Midlothian Magisterial District, Chesterfield County Board of Supervisors proposes amendment of conditional use planned development (Case 83SN0142) and amendment of zoning district map to permit a consumer finance establishment in a Community Business (C-3) District on .6 acre known as 13102 Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for village shopping district use. Tax ID 732-707-1993. Mr. Turner presented a summary of Case 12SN0167 and stated both the Planning Commission and staff recommended approval subject to the condition. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the Board to approve Case 12SN0167, subject to the following condition: Amend Condition 5 of Case 83S142 to add the following: (j) A consumer finance establishment shall be permitted, provided that no more than one (1) consumer finance establishment is" located on the subject property, subject to the following restrictions: i. This establishment shall not offer auto title lending or payday lending. ii. Signs for this use shall conform to the approved sign package for the development/shopping center. In addition, neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-219 12SN0168 In Bermuda Magisterial District, Chesterfield County Board of Supervisors proposes conditional use planned development approval and amendment of zoning district map to permit a consumer finance establishment in Community Business (C-3) and General Business (C-5) Districts on 30.9 acres and known as 13654 Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community commercial/mixed use corridor use. Tax ID 798-653- 0495. Mr. Turner presented a summary of Case 12SN0168 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0168, subject to the following conditions: 1. This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) 2. This establishment shall not offer auto title lending or payday lending. (P) 3. Signs for this use shall conform to the approved sign package for the development/shopping center. In addition, neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. ~~cuni~n In Clover Hill Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit a consumer finance establishment in a General Business (C-5) District on .8 acre known as 10805 Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general commercial use. Tax ID 745-709-0410. Mr. Turner presented a summary of Case 12SN0170 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Gecker called for public comment. J 11-220 There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0170, subject to the following conditions: 1. This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) 2. This establishment shall not offer auto title lending or payday lending. (P) 3. Neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. ~ ~e*m~ ~~ In Bermuda Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit a consumer finance establishment in Community Business (C-3) and General Business (C-5) Districts on 15 acres known as 12639 Jefferson Davis Highway. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. Tax ID 799-654-3322. Mr. Turner presented a summary of Case 12SN0171 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0171, subject to the following conditions: 1. This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) 2. This establishment shall not offer auto title lending or payday lending. (P) 3. Neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-221 12SN0172 In Bermuda Magisterial District, Chesterfield County Board of Supervisors proposes amendment of zoning (Case 89SN0110) and amendment of zoning district map relative to uses and conditional use approval to permit a consumer finance establishment in a General Business (C-5) District on 3.7 acres known as 11940 Iron Bridge Plaza. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 777-653-8814. Mr. Turner presented a summary of Case 12SN0172 and stated both the Planning Commission and staff recommended approval subject to the condition. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Ms. Jaeckle made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0172, subject to the following condition: Amend Condition 3 of Case 89SN0110 to add the following: (w) The following use shall be permitted with restrictions: i. Consumer finance establishments, provided that no more than one (1) consumer finance establishment is located on the subject property, subject to the following restrictions: a. This establishment shall not offer auto title lending or payday lending. b. Signs regulations for this use shall conform to the approved sign package for the development/shopping center. In addition, neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0173 In Matoaca Magisterial District, Chesterfield County Board of Supervisors proposes amendment of conditional use planned development (Case 88SN0056) and amendment of zoning district map relative to uses in a Neighborhood Business (C-2) District on 3.3 acres known as 6131 Harbourside Centre Loop. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 730-674-0607. Mr. Turner presented a summary of Case 12SN0173 and stated both the Planning Commission and staff recommended approval subject to the condition. J J J 11-222 Mr. Gecker called for public comment. There being no one to speak to the' request, the public hearing was closed. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to approve Case 12SN0173, subject to the following condition: Amend Condition 11 of Case 88SN0056 to add. the following: ff. Consumer finance establishments, provided that: (1) No more than one (1) consumer finance establishment is located on the subject property, subject to the following restrictions: i. This establishment shall not offer auto title lending or payday lending. ii. Signs regulations for this use shall conform to the approved sign package for the development/shopping center. In addition, neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0174 In Clover Hill Magisterial District, Chesterfield County Board of Supervisors proposes amendment of conditional use planned development (Case 85SN0157) and amendment of zoning district map relative to uses in a Community Business (C-3) District on 10.2 acres known as 8245 Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 760-692-5131. Mr. Turner presented a summary of Case 12SN0174 and stated both the Planning Commission and staff recommended approval subject to the condition. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Warren made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0174, subject to the following condition: Amend Condition 1 of Case 855157 to add the following: (a) No more than one (1) consumer finance establishment may be located on the subject property, subject to the following restrictions: 11-223 i. The consumer finance establishment is located within Buildings A-E. ii. This establishment shall not offer auto title lending or payday lending. iii. Signs regulations for this use shall conform to the approved sign package for the development/shopping center. In addition, neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0175 In Dale Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit a consumer finance establishment in a General Business (C-5) District on 14.4 acres known as 9925 Hull Street Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 750-686-1722. Mr. Turner presented a summary of Case 12SN0175 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Holland made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0175, subject to the following conditions: 1. This conditional use approval shall permit the operation of one (1) consumer finance establishment on the subject property. (P) 2. This establishment shall not offer auto title lending or payday lending. (P) 3. Neon window signs shall not be permitted. (P) (NOTE: The approval of this conditional use shall not permit check cashing or a pawnbroker use on the subject property, which are enumerated as conditional uses in Section 19-175 of the Zoning Ordinance.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-224 12SN0169 In Midlothian Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit a private museum in an Agricultural (A) District on 9.8 acres fronting 200 feet on the east line of County Line Road, 670 feet north of Mount Hermon Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for residential use of 2.0 units/acre or less. Tax ID 704-700-3328. Mr. Turner presented a summary of Case 12SN0169 and stated both the Planning Commission and staff recommended approval subject to the conditions. Mr. Gecker called for public comment. Mr. Charles Frick, President of the Old Dominion Chapter of the National Railway Historical Society, concurred with the conditions. There being no one else to speak to the request, the public hearing was closed. Mr. Gecker made a motion, seconded by Mr. Holland, for the Board to approve Case 12SN0169, subject to the following conditions: 1. This conditional use approval shall be granted to and for the Old Dominion Chapter of the National Railway Historical Society only and shall not be transferable or run with the land. (P) 2. This conditional use approval is to permit a private museum only. (P) 3. Unless the underlying zoning district (Agricultural) requirements are more restrictive, any development for a private museum shall conform to the requirements of the Zoning Ordinance for office uses in the Emerging Growth Areas. (P) 4. -Any special event held in conjunction with the private museum use shall not operate after 7:00 p.m. Only one (1) special event may be held in a one (1) month period. Special events shall be limited to fundraising and educational programs for the private museum use only. (P) 5. Within ninety (90) days Transportation Department, of-way, measured from the immediately adjacent to tY free and unrestricted, Chesterfield County. (T) of a written request by the forty-five (45) feet of right- centerline of County Line Road ~e property, shall be dedicated, to and for the benefit of 6. This conditional use shall be granted for a period not to exceed five (5) years from the date of approval. (P) (NOTE: All other conditions of 75A003 shall remain in effect.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-225 12SN0177 In Bermuda Magisterial District, Allen M. Twedt c/o Holiday Signs requests conditional use approval and amendment of zoning district map to permit a computer-controlled, variable message, electronic sign incorporated into a freestanding identification sign in Community Business (C-3) and General Business (C-5) Districts on 3.6 acres of a 10.4 acre project known as 1911 and 2001 West Hundred Road and 12810 Old Stage Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax IDs 802- 654-8609; and 803-653-0968; and 803-654-1909. Mr. Turner presented a summary of Case 12SN0177 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. Mr. Allen Twedt accepted the conditions. Mr. Gecker called for public comment. Mr. Paul Grasewicz encouraged the Board to approve the case. Mr. Bob Olsen stated he supports the proposal. He requested that Ms. Jaeckle excuse herself from voting on the case due to a possible conflict of interest regarding a campaign contribution and fundraiser at the specified location. There being no one else to speak to the request, the public hearing was closed. Mr. Mincks stated the Conflict exempts campaign contributions further stated Ms. Jaeckle does disqualify herself from voting. of Interest Act specifically from any impropriety. He not have any requirement to Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0177 and accept the following proffered conditions: 1. In addition to Ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; and J J J 11-226 g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of seventy-seven (77) feet. (P) 2. The sign location shall be limited to Tax ID 802-654- 8609. (P) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0134 In Bermuda Magisterial District, Ironbridge Corner LC requests amendment of conditional use (Case 07SN0375) and amendment of zoning district map relative to age restriction in a Community Business (C-3) District on 19.8 acres located in the northeast corner of the intersection of Ironbridge Parkway and Iron Bridge Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for community mixed use. Tax ID 774-656-6268. Ms. Darla Orr presented a summary of Case 12SN0134 and stated both the Planning Commission and staff recommended denial because the proffered conditions do not adequately address the proposed development's impacts on capital facilities and the county's ability to provide adequate facilities to its citizens will be adversely impacted. She further stated this evening staff has received revisions to two proffered conditions in the case. She stated it would necessary for the Board to unanimously agree to suspend the rules to consider the modified proffered conditions since they were submitted after the public advertisement of the case. She further stated Proffered Condition 1 has been modified. She stated the proffered condition originally would have permitted a maximum of 15 dwelling units to have more than two bedrooms and the proffer now reads that no dwelling units shall have more than two bedrooms and that unit types shall be designed on building permits. She stated Proffered Condition 2, which offered the 2012 school portion of the cash proffer on any units that had more than two dwelling units, has been withdrawn. Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the Board to suspend its rules to allow for consideration of the revised proffered conditions. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Ms. Carrie Coyner, representing the applicant, stated in regards to the revised proffered conditions, the applicant decided to eliminate all three-bedroom units for the project. She further stated the applicant is requesting the age restriction proffer be eliminated and leave everything else in place. She stated that apartments were permitted on the request property by right prior to the cash proffers being in existence; when the applicant brought forth the case to add 20 units to make it marketable, the full cash proffer was paid on the additional units, with the exception of schools.. She noted the apartment complex is part of a mixed use 11-227 development. She further stated the age restriction acts as a deterrent in regards to competing with other apartment complexes in the area with three-bedroom units. She stated there has been great support from people in the community and there was no opposition at the Planning Commission meeting. She noted the schools impacted by this request are not over capacity. In response to Mr. Gecker's question, Ms. Coyner stated the current owner is trying to sell rather than develop. Mr. Gecker called for public comment. Mr. Paul Grasewicz, representing the Surreywood Civic Association, expressed concerns relative to impact of the proposal on existing facilities and uniform application of the cash proffer policy, which is based on a county-wide formula to determine public facility impacts. There being no one else to speak to the request, the public hearing was closed. Ms. Coyner stated she provided all relative to school attendance from which she obtained herself. She restriction limits a population to stated in order for newer apartme they have to have high amenity pac all apartment complexes in the capacity. In closing, she stated infill as part of the original Arbo be a great addition to the area. the data and statistics local apartment complexes further stated an age over the age of 55. She nt complexes to compete, rages. She further stated area are at 98 percent this development is an • Landing project and will In response to Mr. Warren's question, Ms. Coyner stated in the existing 374 units in Chester Village there are 20+ three-bedroom apartments with approximately 32 school children. She further stated River Forest has one bus stop, with a small population of families that live there. She stated the average rent in River Forest for a three-bedroom apartment is around $2,000 per month and around $1,000 for a one or two-bedroom apartment. She further stated there is not a high population of children in one or two-bedroom apartments. She stated her opinion that the policy in place does not benefit the entire county relative to capital improvements. In response to Mr. Holland's concerns regarding current capacity and projected capacities in schools that would be affected by the proposed development, Ms. Coyner stated that given current functional capacities, those schools are projected to remain below capacity. She further stated Salem Middle School is undergoing a large construction project, which will create additional empty seats. She stated all schools that are served could handle capacity of additional students. Mr. Warren stated in 2011 there was very little increase in school population. In response to Mr. Holland's questions, Ms. Coyner stated the expansion at Salem Middle School was rather costly. She further stated functional capacities change yearly based on J J J 11-228 the uses within the building. She further stated there should be no impacts of additional students on the school system. Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0134 and accept the revised proffered conditions. Ms. Jaeckle stated apartments that are restricted to 1-2 bedrooms can be very sustainable, especially when they are part of a mixed use. She further stated proffers should be assessed on a case-by-case basis and that the Board has approved cases that deviated from the cash proffer policy where they have found reasonable justification. She stated it has been made clear that 1-2 bedroom apartments do not have a negative impact on schools. Mr. Gecker stated he does not support the proposal and expressed concerns that we lack the ability to gain meaningful quality controls on the site. He stated the cash proffer policy in place is in the best interest of the county until the Board of Supervisors changes it. He further stated the request is not the same as other cases sited where exceptions were considered because a project was in a village or where existing residents were directly impacted. He stated, in his opinion, the proffer policy should eventually be phased out and an alternative source of funding for capital facilities be identified that does not adversely impact one group of people, which he believes to be the landowners. In regards to standards, Ms. Jaeckle stated the property is governed by two different associations. Mr. Gecker stated there is a large difference between expecting the private sector to enforce quality covenants and placing controls in a zoning case, where the public sector gets to enforce them. Mr. Holland stated he does not support the proposal. Mr. Warren expressed concerns in terms of sending a poor message to staff and the Planning Commission, given their position on the case and it seems to go against the statistics school staff is providing in regards to impacts on schools. He suggested that additional statistics be provided relative to the impact of apartments on schools. Ms. Jaeckle stated ,3-4 bedroom apartments will impact the county negatively, as opposed to a 1-2 bedroom apartment complex with no proffers that will positively impact the county. After speaking privately with her client, Ms. Coyner made a request for a thirty day deferral to provide additional information to the Board. Mr. Mincks stated a substitute motion should be made to defer the case. Mr. Warren made a substitute motion, seconded by Ms. Jaeckle, for the Board to defer Case 12SN0134 until April 25, 2012. 11-229 Mr. Gecker stated given the importance of the discussion, he does not have a problem with the deferral request. He further stated the proffer eliminating the three bedrooms was a result of discussions regarding student population. Mr. Gecker called for a vote on the motion of Mr. Warren, seconded by Ms. Jaeckle, for the Board to defer Case 12SN0134 until April 25, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 12SN0164 In Dale Magisterial District, Chesterfield County Board of Supervisors proposes conditional use approval and amendment of zoning district map to permit business (motor vehicle repair} incidental to a dwelling in a Residential (R-7) District on 1.4 acres fronting 200 feet on the north line of Omo Road, 800 feet east of Old Zion Hill Road. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for mixed use corridor use. Tax IDs 773-681-2145 and 3148. Ms. Jane Peterson presented a summary of Case 12SN0164 and stated the Planning Commission recommended approval subject to the conditions. She further stated staff recommended denial because the proposed land use does not conform to the Central Area Plan which suggests the property is appropriate for mixed use corridor uses, to include residential and office uses and the proposed land use is not representative of existing area residential development. She stated there was support of the proposal noting the property owners significant financial investment in their business; the need to protect this investment; the benefit of small business to the county's economic development; and the integrity of the property owners. Mr. and Mrs. Sprouse, the property owners, accepted the recommendation. Mr. Gecker called for public comment. Mr. Daren Gardner stated he supports small business and recommended no time limit. He expressed concerns relative to the landscaping condition. Mr. .Freddy Boisseau suggested approval without the time restriction. There being no one else to speak to the request, the public hearing was closed. Mr. Holland stated he supports the case. He noted he would prefer to keep condition 10 in place. Mr. Holland then made a motion, seconded by Mr. Elswick, for the Board to approve Case 12SN0164, subject to the conditions. J J J 11-230 Mr. Elswick requested that Mr. Holland consider eliminating condition 9, which requires landscaping to be installed on the property. In response to Mr. Gecker's question, Ms. Peterson stated the applicant has provided landscaping in the past to minimize views of the motor vehicle parking area from the adjacent properties and Omo Road. She further stated the landscaping was planted, but did not survive. Mrs. Sprouse expressed concerns relative to landscaping costs. She noted the landscaping installed in the past did not survive. Mr. Holland amended his motion to delete Condition 9 in the interest of saving unnecessary costs to the property owner. Mr. Elswick concurred with Mr. Holland's amended motion. Ms. Jaeckle recommended that the conditional use be granted with no time restriction as long as it does not run with the land. Mr. Holland did not accept Ms. Jaeckle's recommendation to eliminate Condition 10. In response to Mr. Gecker's question, Ms. Peterson stated all land surrounding the property is zoned R-7. She further stated the lot that runs between Omo Road and Cogbill Road is vacant. In response to Mr. Gecker's question regarding residential development, Mr. Turner stated the constraint for the development of the specified property has a limitation on public sewer. He further stated in lieu of revisions to the Comprehensive Plan, the area is deemed a revitalization area, with a tremendous opportunity for new development. He stated a time frame has not been determined. Mr. Gecker called for the vote on the amended motion of Mr. Holland, seconded by Mr. Elswick, for the Board to approve Case 12SN0164, subject to the following conditions: 1. This conditional use shall be granted to and for Bobby L. Sprouse, Jr. or Katherine Sprouse, exclusively, and shall not be transferable nor run with the land. (P) 2. This conditional use shall be limited to the operation of a motor vehicle repair business, excluding body, major engine and transmission repair. (P) 3. No employees, other than family member employees that live on the property, shall be permitted. (P) 4. A maximum of six (6) motor vehicles associated with the repair business shall be parked on the site at any time. All parking areas and drives that accommodate motor vehicle access .and parking for the business shall have a minimum suzface depth of six (6) inches of Number 21 or 21A stone. (P) 5. Hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. (P) 11-231 6. All repair activity and storage of associated materials shall occur inside the existing detached garage located on Tax ID 773-681-3148 and labeled as "New Garage" on the attached plat dated August 10, 1994 as prepared by Robert K. Thomas and Associates. (P) 7. No additions or exterior alterations shall be permitted to the dwelling or accessory buildings to accommodate this use. (P) 8. There shall be no signs identifying this use. (P) 9. This conditional use approval shall be granted for a period not to exceed ten (10) years from date of approval. (P) Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 125N0176 In Midlothian Magisterial District, W.B. Perkinson and Assoc. requests amendment of conditional use planned development (Case 06SN0165) and amendment of zoning district map relative to buildings and project size in a Residential (R-9) District on 3 acres located in the northwest corner of North Woolridge Road and Charter Park Drive. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for low density residential use of 1.01 to 2 units/acre. Tax ID 724-703-3585. Mr. Robert Clay presented a summary of Case 12SN0176 and stated the Planning Commission recommended approval and acceptance of the proffered condition. He further stated staff recommended denial because the proposal represents an intensification of uses which do not comply with the Midlothian Area Community Plan, which suggests the property is appropriate for low density residential use. He stated there was support present noting the proposal is an important project for the Village of Midlothian. Mr. Andy Scherzer, representing the applicant, accepted the Planning Commission recommendation. Mr. Gecker called for public comment. There being no one to speak to the request, the public hearing was closed. Mr. Decker made a motion, seconded by Mr. Warren, for the Board to approve Case 12SN0176 and accept the following proffered condition: The property owner/applicant in this rezoning case, pursuant to Section 15.2-2298 of the code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffer that the property under consideration will be developed according to the following proffer if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owner/applicant. In the event this request is denied or approved with conditions not agreed to by the J J J 11-232 owner/applicant, the proffer shall immediately be null and void and of no further force or effect. The Textual Statement, dated November 30, 2011, revised January 25, 2012, shall be considered the Master Plan relative to permitted uses, architectural style, street lights along Woolridge Road, size of individual buildings, gross floor area per acre for child care and bank/offices, and hours that uses may be open to the public. (P) (STAFF NOTE: This condition supersedes the proffered condition of Case 06SN0165). Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 18. PUBLIC HEARINGS There were no public hearings at this time. 19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS There were no remaining requests for manufactured home permits or rezoning at this. time. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 21. ADJOURNMENT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board adjourned at 8:05 p.m, until April 25, 2012 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. mes J Stegma'er ounty Administrator V~-~ ~l Daniel A. Gecker Chairman 11-233 J J