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03-14-1984 MinutesBOARD OF SUPERVISORS MINUTES March 14, 1984 )ervisors in Attendance: . Harry G. Daniel, Chairman · G. H. Applegate, Vice Chairman . R. Garland Dodd · Joan Girone . Jesse J. Mayes · Richard L. Hedrick Administrator Staff in Attendance: Mr. Stanley Balderson, Dir. of Planning Chief Robert Eanes, Fire Department Mr. Phil Hester, Dir. of Parks and Recreation Mr. Elmer Hodge, Asst. County Administrator Mr. William Howell, Dir. of General Services Mr. Robert Masden, Dir. of Human Services Mr. Steve Micas, County Attorney Mrs. Pauline Mitchell, Public Info. Officer Mr. Jeffrey Muzzy, Dir. of Community Develop. Col. Joseph Pittman, Chief of Police Mr. Lane Ramsey, Dir. of Budget and Accounting Mr. M. D. Stith, Jr., Exec. Asst. to Co. Adm. Mr. David Welchons, Dir. of Utilities 1. WORK SESSION ON PROPOSED 1984-85 BUDGET Mr. Daniel called the meeting to order at the Courthouse in Roo~ 502 at 2:00 p.m. (EST) and outlined the format for the afternoon session· Mr. Hedrick stated most of his remarks are included in the budget letter in the beginning of the p~?oposed budget document. He stated the staff feels it is the business o~ the County to "build a better community" and those items have been included which they feel necessary to accomplish this goal. Mr. Ramsey reviewed the format of the proposed budget. He stated the Board should come to a decision regarding the tax rate which would be advertised in the newspaper on March 20. He reviewed the priorities of the proposed budget in order which are: roads, education, public safety, community development, the capital improvements program, human services and administrative services. He stated the reco~ended budget, including unappropriated fund balances, is $213,732,100 of which $107,653,000 is for the School System and is $2,300;000 less than the School System requested. He stated the actual spending plan for the budget is $198,932,500 including the emding fund balance of $14,799,000. He reviewed the major increases in the budg~t~ the 1984 General Fund Balance projections, the ]985 General Fund Ba!~nce projections, the revenue projections and the proposed tax rates reconlmended for 1984-85. Mr. Jay Stegmaier s~mte~ the overall buduet kas increased by $12,400,000 which is 13.2% over the 19~3--84 budget· He stated the percentages were a l[ttl~ decel¥iz_~g umtil you realized w?~at services are being provided. He review~d the !~rger 'transfers which are to the School Sys~em and the General County 84-.1 '[2 Government areas of administration, assessment and collections, administration of justice, public safety, human services, community development, sanitation and registrar. Mr. Ramsey stated the County anticipates receiving $2,438,600 for FY 84-85 in Revenue Sharing Funds and explained the breakdown recommended for these funds. He reviewed the budgets for the County Garage, the Airport, the Nursing Home and Utilities. He outlined the major cost items for FY 84-85. He reviewed the Capital Improvements Program for 1984 recommended to be funded from the General Fund. Dr. Howard O. Sullins, School Superintendent, was present and reviewed the proposed School budget. He presented slides indicating a five year comparison of student membership, the categories for major budget increases, a five year comparison of the total School budget, a five year comparison of sources of funding, a review of average teachers' salaries, and a review of per pupil expenditures for operations for 1982-83. The Board complimented staff on the format of the proposed budget and discussed the increasing costs to fund the governmental services, the new employees and the funding sources, the fund balance, problems with the way the School budget was prepared, the wise expenditures for funding the Capital Improvements Program, the possibility of supplementing the Nursing Home because of payments received from Medicaid/Medicare and the possibility of looking into a Nursing Home management company taking over the Nursing Home, comments addressed by the auditors on previous budgets regarding security of data processing and the accounting departments, the increase in assessments although no tax increase, assessments of aircraft under the new procedure, the increase for the Circuit Court Clerk's Office, the increases/decreases for the Police minority recruitment program and anti-crime force, the manpower, equipment and the volunteer retirement program for the Fire Department, donation to the Quarterback League and the elimination of Middle School football, salaries of teachers and principals, supplements for teachers, the replacement of the buses, the maintenance line item for schools, landfill operating costs, lease/purchase agreements for facilities, the possible reduction in the School budget and where decreases would come, the alternatives for funding a larger budget, etc. Mr. Hedrick explained the rationale for all of the recommendations in the budget for various line items mentioned. Mr. Applegate requested the actual figure for the increase to the Circuit Court for the accounting prccess. He requested the figures on a general County pay increase from 3% to 5%. Mr. Daniel requested that staff reevaluate the recommendation regarding the fire pumper and brush truck for the Fire Department as well as air masks. He requested that staff pre a statement for items which must be considered regarding lease/purchase as recommended and their impact. He noted the difference between the recommendation of the County and the request of the School Board and inquired where the reductions would occur if it remains in that form. Dr. Sullins stated the majority of the increases are in salaries and instructional materials and those items would be more than likely the items reduced. Mr. Daniel suggested that Dr. Sullins have a plan as what will be reduced at the time of the public hearing should the Board approve the reduced amount. He reviewed a survey which he did on salary comparisons of teachers in Chesterfield and Henrico. He requested that staff prepare financial information as to how the County could fund the requested School budget. He stated he would like staff to also address what costs will be if other items are funded, other items are reduced, etc. Mr. Hedrick inquired if Mr. DanJ~el were requesting the priorities as listed by staff be changed~ Mr. Daniel stated he would like to 84-I13 see other alternatives and fundamental questions answered. Mr. Hedrick stated the only way to add anything to the budget would be to look at such things as the real estate tax rate, a utility tax or the machinery and tools tax but staff felt that if the County were to ask the public to approve a bond referendum in some form, that it should not do anything on the tax side that would hinder the success of that referendum and thus did not ask for any new funding sources this year. He stated other departments have additional needs, but if we do not get the roads to broaden the tax base, and without broadening the tax base, we will not be able to fund future operational expenditures. Mr. Mayes stated he did not feel that the comparison of teachers salaries between Chesterfield and Henrico was valid as there are other considerations such as roads, industries, etc., which are not considered. 2. EXECUTIVE SESSION On motion of Mr. Applegate, seconded by Mrs. Girone, the Board went into Executive Session to discuss the condition, acquisition or use of real property for public purposes as permitted by Section 2.1-344 (a) (2) of the Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: The Board recessed for dinner at the Airport Restaurant. Reconvening at 7:00 p.m.: 3. INVOCATION Mr. Daniel introduced Rev. Don Truitt, Pastor of Wesley Methodist Chapel on River Road, who gave the invocation. 4. APPROVAL OF MINUTES On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved the minutes of February 21, February 22, March 3 and 4, 1984, as amended. Vote: Unanimous 5. COUNTY ADMINISTRATOR'S COMMENTS Mr. Hedrick stated that Mr. Jerome Gray of Channel 6 has been promoted to a Weekend Anchorman with the station, and this may be his last regular meeting with the County. He stated that the County had enjoyed working with him. Mr. Hedrick stated that Mr. Charles Dillard of the Progress Index has been promoted to cover the C~ty of Petersburg and this would be his last regular meeting covering Chesterfield. He added the County had enjoyed working with him. Mr. Hedrick introduced Mr. Ed Moseley, President of the County Museum Committee. Mr. Moseley stated this was the first annual report of the ~useum Con~ni~t~ee to the County and introduced other members of the Conm]ittee who were present. He expressed appreciation for the Board's support of the Museum, outlined the accomplishments by the Committee during the past year, their cooperation with the Parks and Recreation Department and the Historical Society, the financial status of the Committee and ~?~e 84-11.4 future goals. He presented the Board with a check for $500 received by the Museum Committee from the Historical Society to help with the cost of restoration of the Old Jail. He stated the Committee requests a part-time staf~ person to coordinate and administer activities of the Committee and the Historical Society, they support the purchase of Magnolia Grange as an adjunct to the Museum, they plan to remodel the basement, want pay off their indebtedness, want to label artifacts around the Confederate monument and add it to the tour, plan to visit another museum to gain new ideas, want to increase the hours of opening, want to initiate a training program for the hosts and hostesses, etc. He expressed appreciation to the Board and staf for the support received. Mr. Hedrick introduced Ms. Suzan Craik. Ms. Craik explained and discussed the County Employees' Wellness Program and introduced other members of the Committee who were present. She stated t~ was a program looking at costs to the employee and the employer which costs are increasing each year, the sick leave taken, and to increase the employees awareness of health care practices. She stated this would help curb the health care costs, improve employee moral, increase productivity and reduce sick days used. She explained the health care risk appraisal and discussed how the results would be evaluated and used and the kinds of pro, initiated. Mr. Hedrick introduced Ms. Jean Smith, Director of Social Services. Ms. Smith stated that child abuse and neglect in the County, State and Nation is a growing concern and that she would be asking the Board to declare April as Child Abuse Prevention Month at its next meeting. She stated at that time activities planned for April will be outlined. She stated that this is a very serious problem. She stated that the Groaning Board Restaurant has agreed to allow its gratuities to be divided equally between the Chesterfield/Colonial Heights Multidisci Team and the Virginia Chapter of the National Center for the Prevention of Child Abuse by allowing volunteer waiters and waitresses to serve the public on April 11, 1984. She invited the Board and County Administrator to participate in this endeavor by joining the other local leaders and officials in the prevention of child abuse by participating and serving at th~ Groaning Board. 6. REQUESTS FOR ITEMS TO BE DELETED OR HEARD OUT OF SEQUENCR On motion of Mr. Dodd, seconded by Mr. Applegate, the Board deferred consideration of Item tl.I.A, regarding the sign ordinance until April 11, 1984. Vote: Unanimous Mr. Dodd invited the people who were present from the Bensley area to contact the County Administrator's Office to be placed o! the agenda for March 28, 1984 per the adopted policies and procedures. 7. RESOLUTIONS OF SPECIAL RECOGNITION 7.A. DECLARING APRIL 16-22, 1984 AS EASTER SEAL WEE~ On motion of the Board, the following resolution was adopted: WHEREAS, The Easter Seal Society has provided services to disabled children and ~du]ts in Virginia since 1944~ and WHEREAS, Their programs and services have strived to improve the quality of life fo~ disabled persons; and 84-115 WHEREAS, Lnd 1984 is the 50th Anniversary year of Easter Seals; WHEREAS, Greg Morgan, the 1984 Easter Seal Child, is a ~esident of Chester and a student at Salem Church Middle School Chesterfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors Chesterfield County that the week of April 16-22, 1984 be 'nated as Easter Seal Week in Chesterfield County. : Unanimous was generally agreed that Mr. Daniel present this resolution the Telethon on April 1, 1984. Mr. Daniel introduced Master Morgan who was present and wished him much success the Easter Seal Telethon. Master Morgan requested all to ~tch the Telethon and to give generously. 7.B. DECLARING MAY 27 - JUNE 3, 1984 AS NATIONAL TOURISM WEEK On motion of the Board, the following resolution was adopted: WHEREAS, The Government of the United States of America, with the endorsement of the Congress, has declared May 27 through June 3, 1984, as National Tourism Week; and WHEREAS, Tourism and travel is the second largest industry in the Commonwealth; and WHEREAS, The Governments of the Metro Richmond area, including the Counties of Henrico, Hanover and Chesterfield and the City of Richmond have renewed efforts to enhance tourism in the Metro area. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that the week of May 27 through June 3, 1984, be declared as National Tourism Week in Chesterfield County. Vote: Unanimous 8. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS AND CLAIMS 8.A. JOHN R. SMITH - REGARDING COALFIELD ROAD AND REAL ESTATE Mr. Smith stated that his associate in St. Leger Square, Mr. Matyiko, had been detained. He requested a two week deferral of this matter. Mr. Daniel stated under the Board's policies and procedures, this matter could not be deferred but that Mr. Smith should submit his request for time on the next agenda in the same manner. 8.B. TAYLOR HOLT - REGARDING SPEED LIMIT ON HARROWGATE ROAD Mr. Holt stated for his Boy Scout service project he was seeking the reduction of the speed limit on the portion of Harrowgate Road from Happy Hill Road north to the location where the speed limit is currently 35 mph. He stated he would like the speed reduced from 55 mph to a safer speed of 45 mph. He stated there have been 206 accidents and two fatalities in the last six years excluding the last two months. He presented the Board with a petition signed by approximately 300 residents in support of this request. He stated his brother and friend were both hit by automobiles. He requested favorable consideration and action regarding this request. Mr. Daniel complimented Mr. Holt for his outstanding presentation and interest in this matter. Mr. Dodd stated that this matter was brought to the Highway Department's attention last fall and was turned down because it did not meet the State criteria but he would resubmi~ the request at this time. 84-116 On motion of the Board, the Board hereby requests the Virginia Department of Highways and Transportation to reconsider the reduction of the 55 mph speed limit on Harrowgate Road, from Happy Hill Road, north to the existing 35 mph speed limit, to 45 mph. Vote: Unanimous 9. DEFERRED ITEMS 9.A. PARK BOND FUND ADJUST~ENTS AND CLOSEOUTS On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved the park bond fund adjustments and project closeouts as submitted, with the funds from Bermuda District going to the Bensley School area, (a copy of the detail is filed with the papers of this Board) and appropriated $17,320 from the General Fund Contingency Account to the Parks and Recreation Department to cover the deficit in the general parks account. Vote: Unanimous 9.B. APPOINTMENTS 9. B. 1. LANDFILL CO~9~ITTEE Mr. Applegate withdrew the name of Mr. Don Dickerson from the suggested slate of appointees to the Landfill Committee since he had recommended three names. On motion of Mr. Applegate, seconded by Mr. Mayes, the Board appointed Mr. Cornelius Lively, Mr. Robert E. Burton, Ms. Melody Gray, Mr. Fred Bott and Mr. Fred R. Myers to the Landfill Committee. Vote: Unanimous On motion of Mr. Applegate, seconded by Mr. Mayes, the Board established the term of office for the Landfill Committee to be effective immediately with an expiration date of March 13, 1986. Vote: Unanimous 9.B.2. KEEP CHESTERFIELD CLEAN CORPORATION On motion of Mr. Mayes, seconded by Mrs. Girone, the Board appointed Mrs. Mary Cooper to the Keep Chesterfield Clean Corporation effective immediately whose term would expire on January 31, 1986 and that the appointment would be of a voting capacity. Vote: Unanimous 10. PUBLIC HEARINGS 10.A. OPEN BURNING PERIODS FOR LEAVES IN FALL AND SPRING Mr. Hedrick stated this date and time had been advertised for a public hearing to consider amendments to Section 10-22 and 10-23 of the Code of Chesterfield relating to open burning periods for leaves in the fall and sprinq. Mr. Micas stated the changes would involve the reduction in time permitted for open burning of leaves from November 1 - December 15 to November 1 to December 1 and from March 16 - May 15 to March 16 - April 15. He stated there was no recommendation for changes to the weekend burning restrictions. 84-117 Mrs. Eileen Rice stated she had spoken with hundreds of people regarding this issue and they are still interested in decreasing the time permitted for burning and wanted to know how much longer the County will allow burning at all. She stated the proposed ordinance reducing the allowable time would help those who are affected, of which are many. She stated that they would request that it be effective this date. Mr. Carl Johnson stated his support of the ordinance reducing allowable time as he has a daughter who is under medical treatment and there is a correlation between her asthmatic condition and attacks when leaf burning occurs. Mr. Mason Hayes stated he knew people were affected by leaf burning but if people are considerate when they burn as he does after the buses leave for school and when the leaves are dry it would help and not cause the smoke problems. He stated the reduction in time would eliminate leaf burning completely if there were rain spells during the allowable time. He stated he was neither in favor or opposed to the ordinance. Mr. John Lacy stated he was pleading for himself and others who suffer with respiratory problems and stated his support of the ordinance. He stated he had a serious health problem and leaf burning adversely affects his condition. Mrs. Joleen Bush stated she moved here from Los Angeles because of bad air. She stated that during leaf burning season there is instant smog. She stated she was opposed to leaf burning completely and suggested people compost. Mr. John Boulsher stated his support of the ordinance but preferred no leaf burning at all. He stated he favored enforcement of the ordinance, however adopted. He stated people like to enjoy their property and cannot if the residents are allowed to burn and not required to follow the law. Mr. A1 Putney stated he was in favor of the ordinance as the smoke is so bad it penetrates his home. He inquired what could be done in the future to eliminate leaf burning completely. Mr. Jim Dunam stated his family has allergy problems and he supported the reduction in leaf burning. Mrs. Kay Miller supported the ordinance as she has allergies and the leaf burnin¢ and wood stoves aggravate her medical condition. She stated thai allergy season coincides with leaf burning. She stated the haze from the smoke also causes safety problems. Mr. Bill Stallings stated he favored the ordinance. He stated the County should try to reduce the leaf burning as he felt it would be detrimental to the sale of homes in the County during leaf burning season. Ms. Candy Wyman stated she was interested in the protection of the forest land. She stated April is the most destructive month for fires and would like to see, if leaf burning is allowed, confined to March or May. She inquired if County law will align with the State law regarding no burning before 4:00 p.m. Mr. Micas stated that was a portion of the ordinance. Ms. Wyman stated she felt additional public educatiol would be beneficial. Mrs. Mary Ridden stated she was in favor of reducing the time allowed if it is not to be banned completely as the restrictions are not observed and the police have more important business to attend to than leaf burning. Mr. Carey Owens stated his child has allergies and is affected b the leaf burning. He stated people requesting the banning of leaf burning are not selfish and he felt they would be willing t organize and help those who have no other alternative than to burn leaves such as helping them pick up or seek another alternative. 84-118 Ms. Linda Williams stated she lives in the City of Richmond and the leaf burning in the County affects her dramatically and she has had expensive air cleaning equipment installed. Mr. Rufus Stringfield stated if people were allowed to burn year-round there would not be the rush to burn during certain periods, concentrating the smoke and making it worse. He stated they have to burn whether dry or wet. He stated he was in favor of eliminating the ordinance entirely. Mr. Stanley Andes stated his concern with eliminating the ordinance entirely. Dr. Kevin Cooper, specialist in respiratory problems, stated there are about 1 in 20 individuals who have respiratory disease who are bothered by leaf smoke which increases the need for people to stay indoors and later seek medical attention. He requested that the Board restrict the times that people are affected as much as possible. He discussed wood stoves and leaf burning in more detail. Mr. Jeff Perry, an environmentalist, stated he recognizes the problem but he also has a leaf problem. He stated that he did not feel shortening the time would solve the problem. He stated abolishing leaf burning would not give those with a leaf problem a way to solve it. Mr. Frank Brown stated he realized leaf burning was a problem to some individuals, but so are the wood stoves, smoking tobacco, etc. He stated he did not feel limiting the time would solve the problem as people will burn wet leaves, there is a concentration of smoke with everyone burning at one time, etc. He stated the County has an alternative by picking up leaves but they have to be bagged and this is a problem for the elderly and disabled. Ms. Margaret Lindsey stated that she had four acres of trees and she, at her age, has to burn leaves. She stated that the County only allows sixteen days to burn and that they have to burn wet leaves because of the time frame. She stated if the time were not so short there would not be a concentration of smoke. She stated the burning of leaves kills harmful insects. Mrs. Tommie Snead stated she felt she had as much right to burn leaves as much as the opposition feels she does not have the right to burn. Mr. Troy Castelbury stated the more that is done about leaf burning, the worse it gets. He stated the people should be educated on how to burn leaves, when the wind is right, when the leaves are dry, etc. He stated he felt the shortening of the time would be worse and he favored doing away with all ordinances regarding leaf burning. Ms. Ruby Williams stated if leaves are burned at the right time, there is no problem. She stated that trees are necessary and beautiful and the ashes the so~l by replenishing nutrients. Mr. Howard Ittner stated that the American Cancer Bulletin stated 75% of lung cancer comes from smoking cigarettes and nothing is ~entioned regarding leaf burning. He stated the education of the ublic would be better than reducing the hours. Mr. Tom Stone, n agronomist, stated people should realize the leaves could be ~ulverized and mulched and put back into the ground rather than ~urning. He stated the public needs to be educated on how to nulch, compost, etc. Mr. Harvey Dickson stated he mulches rather khan burning leaves from 25 trees. Mr. Waverly Edwards stated ~hat he had a leaf problem and he mulched leaves but the dust )roblem from mulching also causes respiratory problems. He ~tated he supported anything the Board did as long as it was enforced. ~r. Lacy stated the doctors have told him the smoke will kill him and he felt the ordinance and laws should be enforced. 84-119 Mrs. Rice stated the people who are against leaf burning have tried to affect attitude changes because of its effect and their suffering. She stated God did not give people the right to pollute the air nor affect the health of others or themselves. She stated the children are the ones who cannot help themselves. She stated the Board should help to protect their health and give the residents another alternative to leaf burning. She stated the State has taken a stand against leaf burning. She stated as times change, the laws have to change. She stated she was addressing the populated areas only and maybe the Board could designate areas and reduce the time allowed for burning. There being no one else to speak, Mr. Daniel declared the public hearing closed. Mrs. Girone expressed appreciation for all those who took time to discuss this matter with the Board. She stated a lot of issues had been discussed and she felt the Board needed time to consider the input. On motion of Mrs. Girone, seconded by Mr. Mayes, the Board deferred consideration of this matter until April 25, 1984 at 10:00 a.m. Mr. Mayes stated he felt the case has been made and feelings of both sides needed to be considered. Mr. Applegate stated he understood that if this were not adopted tonight, there would be no change in the spring leaf burning season. It was indicated that was correct. When asked, approximately 35 people present indicated they felt enforcement of the ordinance was the real problem. A vote being taken on the motion: Vote: Unanimous 9.B. RATE INCREASE BY STORER CABLEVISION Mr. Hedrick stated this date and time had been advertised for a public hearing regarding a rate increase for Storer Cablevision. Mr. Hodge stated that staff had reviewed thoroughly the request by the Cable Company and are satisfied with the financial information provided. Mr. MacNeilly, General Manager of Storer Cable, reviewed the provisions of the franchise, the system, the programming and channels, inflation, fire station and school installation, public service transmissions, improvements to answering inquiries and complaints, advanced technology, programs for staff, longer office hours, etc. He stated there have been problems and they have made a concerted effort to eliminate the problems and have done so in many cases but they are continuing to improve the system. He stated he felt this constituted the best cable service which he has encountered in his career. He stated they try to fine-tune their operation on a daily basis. He stated County staff and auditors have reviewed everything that they presented and it is in order. He stated the technical consultant stated they are substantially in compliance and recommended that they get serious consideration for their request. He stated the company lost approximately $2,000,000 this does not constitute a fair rate of return on their investment. He reviewed the rates which were being requested which was an overall increase to the average bill of 14% and the company has already experienced 33% inflation. He requested Board approval of the rate increase in order that they could expand their operations to every District in the County. Mr. Jeff Keilam, stated he worked professionally in television the Presbyterian School of Christian Ed~ucation and he has contac. with other people in the Richmond area. He stated the cable company has been most cooperative and professional in dealing with him and others are surprised about the cooperation 84-120 received. He stated the company has lived up to and beyond its promises and he felt the rate increase was justified. Ms. Ruby Williams stated she appreciated the educational value and efforts of the cable system for her students' growth and development. She stated she also spoke for Ms. Florence Mallory who participates in fashion shows and productions throughout the area who uses this medium which is not available from any other sector for critiques, etc. She stated she felt if we need to pay more for this service to ensure its continuation, then she was in favor of it. Mr. Charles Hammond stated that some products are worth paying more for and he felt this was. He stated that he was pastor of Christ Community Church and the cable company contacted them about taking advantage of a Christian program. He stated they are friendly, cooperative and encouraging. Mr. Jay Sears stated he operated a news service out of the State Capitol and does a number of programs through Storer Cable. He stated that some cable companies have no public access, some limit it to five minutes and he has found Storer to have the highest level of professionalism and most cooperation, etc. He stated this has opened, the door for a lot of productions and the kids really can take advantage of this. He stated he felt the rates were justified. Mr. Richard Cook, President of the Keep Chesterfield Clean Corporation, stated he recognized there have been problems but with the number of subscribers, problems are expected. He stated he would like to see another consumer service improve as much as this has for only 14%. He stated the litter committee had the opportunity to use this service in advertising and promoting the litter campaign in the County and he supported the increase. Mr. Keith Witherspoon read a diary of events over a period of more than two years regarding the cable company and his attempts to obtain service, returning calls, misinformation, etc. He stated he was certain cable is worth the money and the increase may be warranted but he felt the service was poor. He stated he felt this was a monopoly and the company should have to live up to the promises made. He stated he felt a map outlining the areas scheduled to receive cable should be made available to the public. Mr. Rod Armstrong, Chairman of the Smoketree Community Association, stated his opposition to the rate increase and hoped it would be put off for at least one year. He listed inattentiveness of the cable company to customers and their problems, phone calls which were not answered, misinformation as to when service will be expected, etc. He stated he did not feel the company had the proper empathy or public relations to hold a monopoly in the County. He stated he felt the homes along the lines which are laid and not connected should be connected in order to produce more revenue. Mr. John Smith reviewed his billing problems with the cable company, the inability to get through on the telephone, his reception and the repair service which he felt was poor. He stated.he could not address whether they were entitled to an increase or not. Mr. Sam Hancock stated, in his capacity w~th the Chesterfield Business Council and John Tyler Community College, they have had excellent support from the company with a production relating to the business spectrum. He stated a lot of people watch the program and it is providing a valuable service to the community and they have been most cooperative and the facilities are first class. He stated he did not have cable so he could not address the rate increase. Mr. Applegate inquired if the rate increase were approved, when could the next increase be expected. Mr. MacNeilly stated there 84-]2] ~ould not be another increase this year for basic service. He stated he felt it would be better to have small increases rather than one large one every four years. Mr. Applegate inquired if staff were comfortable and satisfied after reviewing the financials that a rate increase was warranted. Mr. Hodge stated yes. Mr. Applegate stated most problems were creditability, communications and service which might be overcome if the company were on a better financial basis. Mrs. Girone stated she had a problem determining what the rate increase should be and the people expect the government to protect them. She stated the Cable Television Committee reviewed the information and it was their recommendation that the consultant who did the physical plan, review the financial affairs and make a recommendation to lithe Board. Mr. Dodd stated some other jurisdictions have used lithe consultant format and without their input he felt Iluncomfortable approving or denying a rate increase at this time. iiHe stated he understood this w~s an immediate need of the company but he felt the format should be established for use by this Board and future Boards. Mr. Mayes stated he felt the Board should listen to the company as well as the consultants to arrive at a just decision which he felt he could not do tonight without additional information. Mr. Dodd inquired when the consultant's study could be completed. Mr. Hodge stated within four to six weeks. Mr. Applegate stated he felt the County had competent staff to evaluate the request and the Board should take their recommendation. Mrs. Girone stated the consultant's study would cost about $3-5,000 and the County realized $500,000 in taxes from the company. Mr. Mayes inquired if there was a specialist on cablevision on staff. Mr. Hodge stated no. Mr. Daniel inquired if the consultant's report would be in hand by April 25, 1984. Mr. Hodge stated yes. Mr. Daniel inquired if the rate increase could be made retroactive if the consultant stated it was necessary. Mr. Micas stated that would be improper but the Board could approve an interim rate increase now and if the increase were not approved, the funds could be refunded if provided for in the interim rate approval. Mr. Dodd stated the consultant would also bring back other information that would be beneficial. Mrs. Girone questioned the increase which would not place the company at this time in profit making situation but still in a deficit position. Mr. MacNeilly stated it would be better to run a smaller deficit than raise the rates so high that they loose customers. After further discussion, ~t was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that this public hearing be deferred until April 25, 1984 at 9:00 a.m., authorized the employment of a consultant to prepare a financial report on the cable company to determine a fair and just rate increase, authorized the County Administrator to execute any necessary documents as rapidly as possible and further the Board authorized the necessary funds to be expended from the General Fund Contingency for this report. Mr. Mayes stated he hsd a problem with the delivery of services and 'inquired if this should be included as he did not feel only the financial aspects would help him make a decision. Mrs. Girone stated there is a report on the physical aspects available through staff. A vote on the motion was as follows: 84-122 ,es: Mr. Daniel, Mr. Dodd and Mrs. Girone. ,s: Mr. Applegate. !ntion: Mr. Mayes because he did not feel he could not arrive at a competent decision without the technical information he needed other than financial data. The Board recessed for five minutes. Reconvening: 10.C. CONVEYANCE OF PROPERTY ADJACENT TO ROBIOUS SCHOOL Mr. Hedrick stated this date and time had been advertised for a public hearing to consider the conveyance of a 10.271 acre parcel in Midlothian Magisterial District, Robious School Access Road. There was no one present to discuss this matter. On of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the Chairman and County Administrator to execute any necessary deeds conveying 10.271 acres of land to the developer and the Highway Department which is necessary for the construction and improvement of the Robious School Access Road for acceptance into the State Secondary System. Vote: Unanimous 10oD. REQUIRING PERMIT FOR PARADES AND PROCESSIONS Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance requiring a permit for parades and processions within the County. There was no one present to discuss this matter. Chief Pittman was present and explained the ordinance. The Board expressed concern regarding the $25 fee because most groups holding parades in their districts were volunteer organizations such as fire departments, rescue squads, historical societies, etc.; the time frame involved for notifying the groups; the true concept of parades/processions, etc. Mr. Applegate stated parades are permissible for fire and police so it would only affect the rescue squad or historical societies. Mr. Micas stated charitable contributions are permitted by the Board on a case by case basis. After further discussion, it was on motion of Mr. Dodd, seconded by Mr. Mayes, resolved that this public hearing be deferred May 9, 1984 at 7:00 p.m. for the concerns to be addressed or the ordinance to be rewritten. Vote: Unanimous 10.E. SIGNING FINAL PLAT Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an amendment to the Subdivision Ordinance relating to signing a final subdivision plat. There was no one present to discuss this matter. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board adopted the following ordinance: 84-123 AN ORDINANCE TO AMEND TttE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING SECTION 18-18 (d) RELATING HO SIGNING THE FINAL PLAT Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Section 18-.]L~ (d) of ~be Code of the County of Chesterfield is amenqed and r ..... ee~abted as follows: Sec. 18-18. Procedures for shbdJvisJ_or~ 9pproval~ 0 0 0 (d) Submission and recordation of final plat sub d i v i de r-" s}~-a~~t, t~' . The '~h-~-~-~'retary one line-n--print and two transparencies (photographic positive polyester film) of the final plat. The secretary or his authorized representative shall sign such pl.~ts within se~en d~ys of receipt of such plats. The secretary shall retuzn to the subdivider the linen print to be recorded int the clerk's office of the circuit court of the county and shall distribut, e the 'two transparencies to the appropriate administrative officials. Unless a final plat J.s filed for recordation within six montl~.s after finial 8pproval thereof by the secretary~ such approval shall be withdrawn, and the plat shall be marked void and re'uulned to the agent. After recordation, the subdivider may then proceed to develop and sell lots in his subdi~'Jsion. - Vote: Unanimous 10.F. TURNER ROAD AREA COMPREHENSIVE PLAN AM~ENDMENT Mr. B. edrick stated this d. ate and t/me had been advertised for a public hearing to consider the Turner Road Area C Plan Amendment. .omp~ehens ~ ~ e . Robert Johnson was present and stated he understood, the road ld adversely affect }]is property as well as that of his in-law and his son. Mr. Daniel stated that this is a land plan for t'he corridor and not a plan for the road itself. He that when the Highway Department considers widening the road, they wculd hold. public hearings on the road configuration. stated this pi.an addresses the zon:[ng and land ~]se in the . Mr. Applegate stated this plan would protect Mr. Johnson the plan is recommending residential. Mr. John.qon stated he confused as Highway Department representatives had talked to about the dam. Mr. Newcomb stated the Highway Department. be advertising for the need for a public hearing within, the 60 days. Tom Stone stated the plan as proposed puts a cloverleaf :hrough the middle of his home. He discussed other road Possibilities doing damage to property owners in the area. Mr. !4ewcomb indicated thi:~ wouzd be covered under the same Highway Department hearing t::'r road desicn where these types of issues ~i!l be heard and 0i 'ussed. she was concerned about the property ir, the es~ate. She stated that the intersection of zoned cffice with special controls. Mr. the consu2.tant~s report asks the County to !inance with ~:egard to office use and 8 4'";124 existing regulations as this intersection is a good transition but there should be some controls of the area and study for adjustments as necessary. She stated that she would assume that each parcel will be handled on an individual basis. Mr. Balderson stated that was correct. Mrs. Cunningham also expressed appreciation for the availability of the proposed plan in the library system for easy access. Ms. Fay Straw stated that her mother lives on the roadway and was unaware of this plan being considered and requested that it be advertised again so the people are aware of it. Mr. Applegate stated this had been advertised and there had been some publicity also. He stated this particular plan does not create the actual zoning but will be a guideline. Mr. Hedrick stated that plans of this nature are relied on heavily when zoning cases are heard even though they are taken on a case by case basis. Mr. Applegate stated he had a number of calls regarding this matter and he did not. realize people did not know. Mrs. Janet Crow]ey stated her concern about the property values in the area. Mr. Hedrick stated that it depends on the recommended land use and most is recommended for residential but the Highway Department will be talking to each property owner regarding the improvements and the financial compensation but sometimes the rezoning classification does affect the value of the property. Mr. Norman Kale inquired if this were approved, can the zoning vary from it. Mr. Applegate stated each application would be taken on an individual basis. Mr. Kale stated he owned a large tract of land and the recommendation is for residential when he felt it might be good for light industrial. Mr. Daniel stated this plan is amendable and it might be changed in the future, but now it is ~ecommended for residential. Mr. Kale stated he felt a number of people are not aware of this plan and its impact. Mr. Balderson stated the staff would use the plan as a guide, each case is treated on its on merit, but there would be a strong inclination to go with the plan. Mr. Kale suggested that this be deferred so the people could be notified. Ms. Sherri Stone stated she felt the people should be notified of this plan as it w~ll impact them greatly and requested that written notification be made. Mr. Hedrick stated this was advertised as required by the law but if the County took the responsibility to notify everyone involved, it would be time consuming and expensive and also it assumes that the County will not miss anyone and that is almost impossible in such cases and those who were not notified would have a legitimate claim. He stated that on a Highway Department road project, every property owner is notified and contacted personally and invited to the public hearing which is different from this. There was no one else to address the matter. After further discussion, it was on motion of Mr. Applegate, seconded by Mr. Dodd, resolved that the Board defer this public hearing until April 11, 1984 at 7:00 p.m. Vote: Unanimous ]41. 11 .A. NEW BUSINESS ORDER ELECTION ON EXTENSION OF POWHITE PARKWAY/ROUTE 288 Mr. Hedrick stated the Board should request the Circuit Court to order an election on the , ~ ' qde~tlon of contracting up to 84-125 $22,000,000 in debt for the extension of Powhite Parkway and improvements to connecting portions of Route 288. Mr. Micas stated that the County was informed today by the State Electoral Board that there exists some technical possibility that someone may call for a primary election on the date proposed and in the event that someone compels a primary election on June 12 that the court would order a referendum election on the next most appropriate date. On motion of the Board, be it resolved by the Board of Supervisors of Chesterfield County, Virginia: It is hereby determined that it is necessary and expedient for the County of Chesterfield, Virginia (the "County"), to provide highway improvements including improvements in connection with the extension of the Powhite Parkway and improvements to connecting portions of Route 288 (the "Project"). It is hereby determined that it is advisable for the County to contract debt and to issue general obligation bonds of the County to evidence such debt under the provisions of Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended (the same being the Pub'~ic Finance Act), in the maximum amount and for the purpose as follows: general obligation bonds of the County in the maximum amount of Twenty-Two Million Dollars ($22,000,000) for the purpose of financing the costs of the Project. The full faith and credit of the County shall be pledged to the payment of the principal of and interest on all of such bonds, and a tax sufficient to pay the principal of and interest on all of such bonds as the same mature shall be levied upon all the property subject to taxation by the County to the extent necessary therefor. The Circuit Court of the County of Chesterfield, or any judge thereof, is hereby requested to order an election on June 12, 1984 upon the question of contracting such debt and issuing such bonds not in excess of the maximum amount and for the purpose set forth in Section 2 hereof. Provided, however, that in the event a primary election is held on June 12, 1984, that the Court shall set the bond referendum for the next appropriate date. The Clerk of this Board shall file a certified copy of this resolution with the Circuit Court of the County of Chesterfield, or any judge thereof. 6. This resolution shall take effect immediately. Vote: Unanimous ll.B. ACCEPTANCE OF SCHOOL BOARD INCENTIVE GRANT On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved an incentive grant entitled "Computerized Administrative Activities to Increase Time for Instructional Leadership" for the School Board from the State Department of Education and increased revenue account 141-1-22370-0865 by $8,000 and increased expenditure account 141-1-22370-4513 by $8,000. Vote: Unanimous 1].C. TREASURER'S REQUEST TO BORROW SHORT TERM LOANS On motion of Mr. Dodd, seconded by Mrs. Girone, the Board authorized Mrs. Mary Arline McCuire, County Treasurer, to negotiate short term loans not to exceed $8,000,000 in accordance with Section 15.1-545 of the Code of V~rginia, as amended, and the rate of interest as determined is in compliance with Section 2.1-326 of the Code of Virginia, 1950, as amended. It is noted 84-126 that loans would be negotiated as needed to pay operating expenses. Vote: Unanimous ll.D. DATE FOR PUBLIC HEARING TO CONVEY LEASES FOR PARK SITES On motion of Mrs. Girone, seconded by Mr. Dodd, the Board set the date of April 11, 1984 at 7:00 p.m. for a public hearing to consider the conveyance of leases or real property at various park sites to operate food concessions. Vote: Unanimous ll.E. AIRPORT HANGAR/TIE DOWN LEASES On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved a revised lease agreement as submitted by staff, a copy of which is filed with the papers of this Board, for Airport hangars and tie downs at the Chesterfield County Airport and that the County Administrator be delegated authority to make future amendments to the lease agreements. It is noted that this lease will replace the current leases as they expire. Vote: Unanimous ll.F. BINGO/RAFFI~E PERMITS On motion of Mr. Dodd, seconded by Mr. Applegate, the Board approved the requests for bingo and/or raffle permits for the Dale Ruritan Club and the League of Animal Rights for calendar year 1984. Vote: Unanimous ll.G. APPOINTMENTS On motion of Mrs. Girone, seconded by Mr. APplegate, the Board accepted the resignation of Mr. George B. Williams from the Capital Area Health Advisory Council effective April 1, 1984. Vote: Unanimous It was generally agreed that names to fill this vacancy would be submitted for conside]~ation at the March 28, 1984 meeting. ll.H. HIGHWAY ENGINEER Mr. Newcomb, Assistant Resident Engineer with the Virginia Department Highways and Transportation, was present. He stated that improvements to the intersection of Hopkins and Beulah Road have been moved up from October to September, 1984. He stated that the stop light for the intersection Route 60 and Winterfield has been reviewed and still is not warranted and that Mr. Perry and Mr. Isbell met with N~r. C~ibson and discussed the situation. He stated the Route 1 and Rou[~e 3 'tuz'ning lane movement problem is currently under study and there is a proposal being considered. He s~tated the guard rail on Route 10 is under study to see if it can be installed. He stated the turning traffic signal at Route 360 and Pocosheck is still being studied at this time by the traffic and safety section. 84-1.27 Mr. Applegate inquired if the open drainage ditch on Dell Drive from McKesson Drive to Turner Road had been investigated. Mr. Newcomb stated this is being considered and the drafting department is looking at this situation now. He stated from Turner Road back 100 ft. will already be closed with any improvements but they are considering the additional closure. Mrs. Girone stated the line painting on the roads is necessary, especially at Route 147 and 711 as well as Buford and'Forest Hill. Mr. Dodd expressed appreciation for the no trespassing sign on Chester Road and Route 1. He inquired if the Highway Department could look at Senate Street to see what is required and necessary to bring the road into the State System. He stated Shields Road off Route 1 is also breaking up. Mr. Newcomb stated that on March 19 the Department will start the project on Route 1 at Harvey's with a turning lane. Mr. Dodd inquired how much federal monies will be received on the highway bridge across Route 10 in Chester. Mr. Newcomb stated he would check into these items. lI.I. COMMUNITY DEVELOPMENT ITEMS ll.I.B. STREET LIGHT REQUESTS On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved the installation of street lights at the following locations with the funds to be expended from the districts as indicated: 2. 3. 4. 5. 6. 7. 8. Cliff Lawn st dead end, Bermuda Di. strict Intersection of Greenbriar Drive and Carmel Drive, Matoaca District Intersection of Dalebrook Drive and Berrybrook Drive, Dale and Bermuda Districts Intersection of Da!ebrook Drive and Lunar Court, Dale and Bermuda Districts IntersectIon of Dalebrook Drive and Bryanwood Road, Dale and Bermuda Districts Intersection of Dalebrook Dr~ve and Moon Lane, Dale and Bermuda D~stricts Intersection of Dalebrook Dr~ve and Moon Lane, Dale and Bermuda Districts Intersection of Dalebrook Dr~ve and Astral Court, Dale and Bermuda Districts Vote: Unanimous Mrs. Girone inquired when the approved street light would be installed at Elkhardt and Elmart. Mr. McElfish stated he would check into this matter. ll.I.C. RESOLUTION REGARDING POWHITE/ROUTE 288/COALFIELD Mr. John Smith stated he did not know this item was on the agenda until an hour ago and he resented the attempts of staff to carry on County government in ~ecret. He stated he did not question the Board's right to vote however they choose, but the method to deny citizen input before a decision is made. Mr. Applegate stated because of the December 14, 1983 resolution there has been quite a lot of confusion and he felt this resolution was out of order in dealing with the Powhite/Route 288/Coalfield Road issue since it was to come to the Board at a later date after a consultant reviewed t~e matter. On motion of Mr. Applegate, seconded by Mrs. Girone, the Board rescinded its resolution regarding Powh~te Parkway/Route 288/Coalfield Road adopted at its meeting on December 14, 1983 which subject matter and resolution are found on pages 83-695 through 83-707. 84-128 Vote: Unanimous ll.J. UTILITIES DEPARTMENT ITEMS ll.J.1. PUBLIC HEARINGS ll.J.l.a. VACATING EASEMENT IN SHENANDOAH HILLS, SECTION B Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance vacating a 16 ft. easement across Lot 1, Block A, Shenandoah Hills, Section B. There was no one present to discuss the matter. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance: AN ORDINANCE to vacate a 16' easement across Lot 1, Block A, Shenandoah Hills, Section B, Clover Hill Magisterial District, Chesterfield County, Virginia as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 33, at page 81. Whereas, Balzer and Associates, Incorporated has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a 16' easement across Lot 1, Block A, Shenandoah Hills, Section B, Clover Hill Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 33, page 81, made by J. K. Timmons and Associates, dated May 11, 1979. The easement petitioned to be vacated is more fully described as follows: A 16' easement across Lot 1, Block A, Shenandoah Hills, Section B, as shown on a plat made by Balzer and Associates, Incorporated, dated February 7, 1984, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section'15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the easement sought to be vacated and the vacation will not abridge the rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, the above described easement is hereby vacated and no longer necessary for public use. This ordinance shall be in full force and effect in accordance with Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, and a certified copy of this ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This ordinance shall vest fee simple title in the easement hereby vacated in the property owners of the lot free and clear of any rights of public use. Accordingly, this ordinance sl~all be indexed in the names of the County of Chesterfield, as grantor, and Ronnie I. Spector and Sharon Spector, husband and wife, or their successors in title, as grantees. Vote: Unanimous 84-]29 ll.J.l.b. VACATING EASEMENTS WITHIN REVISED VILLAGE GREEN Mr. Hedrick stated this date and time had been advertised for a public hearing to consider the vacation of easements within revised Village Green at Brandermill. There was no one present to discuss the matter. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance: AN ORDINANCE to vacate a portion of the easements within Revised Village Green at Brandermill, Clover Hill Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 30, at page 65. Whereas, Marway Associates, Incorporated has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of the easements within Revised Village Green at Brandermill, Clover Hill Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 30, Page 65, made by J. K. Timmons and Associates, dated August 16, 1977. The portion of easements petitioned to be vacated is more fully described as follows: A portion of the easements within Revised Village Green at Brandermill, as shown on a plat made by J. K. Timmons and Associates, dated February 14, 1984, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the portion of easements sought to be vacated and the vacation will not abridge the rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, the above described portion of easements is hereby vacated and no longer necessary for pub].£c use. This ordinance shall be in full force and effect in accordance with Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, and a certified copy of this ordinance, together with plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This ordinance shall vest fee simple title in the easements hereby vacated in the property owners of the lots free and clear of any rights of public use. Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Brandermill, A Virginia General Partnership, or their successors in title, as grantees. Vote: Unanimous ll.J.l.c. CONVEYANCE OF LAND~ILL DRIVE TO VDH&T Mr. Hedrick stated this date and time had been advertised for a public hearing to consider the conveyance of a 60 foot right of 84-1.30 way known as Landfill Drive to the Virginia Department of Highways and Transportation. There was no one present to discuss ithis matter. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved the conveyance of a 60 ft. parcel known as Landfill Drive, as shown on the plat filed with the papers of this Board, to the Virginia Department of Highways and Transportation and further authorized the Chairman and County Administrator to execute the necessary deed. Vote: Unanimous ll.J.2. SEWER AND WATER ITEMS ll.J.2.a. EXTENSION ON REFUNDS FOR ROCKY RUN BRANCH TRUNK SEWER On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved a request from Realty Industries, Inc. for an extension iof refund provisions of developer/County participation agreement, iRocky Run Branch Trunk Sewer, S73-44C-1 for a period of one year (until April 19, 1985) which is normal practice rather than the two year period as requested. ~Vote: Unanimous ll.J.2.b. SEWAGE PUMPING STATION TO SERVE POWDERHAM On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved the request from V. Cassel Adamson to construct a sewage pumping station to serve a portion of Powderham subject to the following conditions: Ail plans be approved by the County, State Health Department and State Water Control Board. The pumping station be designed and constructed having capacity to serve all lots in Powderham not served by gravity (approximately 146) at the developer's cost. The sewer line for the future relief of the pumping station be designed to the Powderham property line and all easements necessary for this line be dedicated. The developer will install sewer lines to serve all lots not presently served in Powderham, Sections A and B (includes 46 existing homes). The installation of sewer lines to serve these homes will offset the difference in the cost to operate the pumping station and the revenue received during the early years of operation. Vote: Unanimous Mr. Adamson was present and stated the conditions were acceptable. ll.J.2.c. CONDEMNATION FOR WELL LOT TO SERVE BRIGHT OAKS ESTATES On motion of Mr. Mayes, secondefl by Mr. Applegate, the Board authorized the County Attorney to institute condemnation roceedings against the following property owner if the amount as et opposite its name is not accepted. And be it further resolved that the County Administrator notify said property owner by ~ertified mail of the intention of the County to enter upon and take the property which is to be the subject of said condemnation ~roceedings. An emergency existing, this resolution shall be in ~ull force and effect immediately upon passage. ?andora Company, Inc. Well Lot, 0.348 acre Bright Oaks Estates $5,000.00 ;ote: Unanimous 84-131 ll.J.2.d. PURCHASE OF WATER TANK SITE AT PAMS AVENUE AND NORCLIFF On motion of Mr. Dodd, seconded by Mr. Applegate the Board authorized the County Administrator to execute a contract for the ~urchase of 2.15 acres at Pams Avenue and Norcliff Road from John S. and Thelma A. Scherer for $27,500 and to sign the deed accepting it on behalf of the County subject to the following conditions: Approval by the Board of Supervisors and appropriation of the necessary funds. Approval by the Board of Supervisors and the Board of Zoning Appeals of a conditional use and height variance. 3. Approval by the necessary State Agencies. m A determination of suitability for the construction of a wate] tank after the necessary engineering studies. And further the Board transferred $50,000 from 380-1-61457-4393 - Route 1 water line extension to 380-1-64327-4393 - Willis Road water tank. This transfer will cover the cost of purchasing land and miscellaneous engineering and technical services required prior to award of the construction contract. Vote: Unanimous ll.J.2.e. REQUEST FOR WATER SERVICE FROM E. E. CAMPBELL On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved the request of Mr. and Mrs. E. E. Campbell for water service at 5420 Beulah Road at the cost of $500, which is the normal connection fee, and dedication of easements. Vote: Unanimous ll.J.3. CONSENT ITEMS ll.J.3.a. EXTENSION OF TIME FOR REFUNDS FOR HEATHERIDGE On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved the request of Realty Industries, Inc. for a one year extension of time until March 14, 1985 for the refund provisions under W79-16CD for oversize water lines in Heatheridge Subdivision. Vote: Unanimous ll.J.3.b. AGREEMENT FOR ADJUSTMENT OF UTILITIES ON PROVIDENCE On motion of Mr. Mayes, seconded by Mr. Dodd, the Board authorized the County Administrator to execute an agreement with the Virginia Department of Highways and Transportation for adjustments to water and sewer facilities which will be at the State's expense for improvements to Providence Road near Davis Elementary School.. Vote: Unanimous ll.J.3.c. SANITARY SEWERS AI.ONG PORTION OF LOGAN STREET On motion of Mr. Mayes, seconded by Mr. Dodd, the Board awarded Contract S84-.].8C/7(8)4181, installation of sanitary sewers along a portion of Logan Street, to B & D of Virginia, Inc. who submitted the low bid of $9,944.60 and further the Board transferred $10,939.06 from 574 Surplus to 380-1-74181-4393. Vote: Unanimous 84-132 ll.J.3.d. AMEND SEWER CONTRACT FOR MARKET SQUARE On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any documents for the request to amend the following sewer contract provided the refunds are to commence from the date of the contract for a period of five (5) years: S84-13D/7(8)4130, Market Square Addition-Outfall Sewer Extension Developer: Marway Associates, Inc. Contractor: R.M.C. Contractors, Inc. Total Estimated Cost: $45,921.00 Estimated County Cost: $14,149.65 (refund through connections) Estimated Developer Cost: $31,771.35 Code: 574-1-00556-0000 (refund through connections) No. of Connections: 5 Vote: Unanimous ll.J.3.e. ASHLEY WOODS, SECTION F, WATER CONTRACT On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W84-48CD/6(8)4482, Ashley Woods, Section F Developer: Ashmont Company Contractor: Lyttle Utilities, Inc. Total Contract Cost: $39,932.80 Estimated County Cost: $6,229.60 (refunds through connections) Estimated Developer Cost: $33,703.20 Code: 559-1-00556-0000 (refund through connections for oversize mains) No. of Connections: 24 Vote: Unanimous ll.J.3.f. DEEDS OF DEDICATION FOR SAYBROOK AND DIMOCK DRIVES On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary deeds, accepting on behalf of the County, from Emory L. Hughes, Jr. and Hazel Y. Hughes, John C. Hayman and Bettye J. Hayman, Donn S. Cobaugh and Kathleen Cobaugh and John V. Cogbill and Janet Cogbill, property necessary for permanent cul-de-sacs at the end of Saybrook Drive and Dimock Drive in the Pocono Subdivision. Vote: Unanimous ll.J.3.~. CONVEYANCE OF EASEMENTS ON GOODES BRIDGE AND TURNER On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the Chairman and County Administrator to execute an easement agreement conveying a 30 ft. drainage easement to the Commonwea±th of Virginia between Goodes Bridge Road and Turner Road. Vote: Unanimous ll.J.3.h. DEED OF DEDICATION FROM JOHNSTON-WILLIS, LTD. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute a deed of dedication, accepting on behalf of the County, a 60 foot right of way, Early Settlers Road between Johnston Willis Drive and Heritage Village, from Johnston-Willis Limited, a Virginia Corporation. 84-133 )te: Unanimous .J.3.i. DEEDS OF DEDICATION FOR CHINABERRY DRIVE motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved nd authorized the County Administrator to execute deeds of cation, accepting on behalf of the County, rights of way for construction of Chinaberry Drive from Sigma C. J. Associates Max H. and Wilma L. Pearson. : Unanimous ll.J.3.j. DEED OF DEDICATION ALONG DRUID DRIVE motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute a deed of dedication, accepting on behalf of the County, a 5 foot strip of land along Druid Drive and the 50 foot access road adjacent to Route 360 from Irvin G. Horner and others. : Unanimous ll.J.4. DEVELOPER WATER AMD SEWER REPORTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. ll.K. REPORTS Mr. Hedrick presented the Board with a Library Annual Report for 1982-83, with a report on a public access computer at the Library and with the contingency report. Mr. Hedrick stated the County had been formally notified that the roads in the following subdivisions had been officially accepted into the State Secondary System, effective as indicated: Length Pennwood Subdivision, Section 3 (2-29-84) Drexelbrook Road - Beginning at its intersection with Belmont Road, Route 651, extending westerly 0.42 mile to tie into existing Drexelbrook Road, Route 2181. 0.42 mi. Abandonment Route 604 - 0.02 mile section of Route 604 between Route 360 and 0.02 mile north of Route 360 was discontinued. 0.04 mi. Woods e, Section 3 (2-16-84) Vance Drive - Beginning at the intersection with Ramblewood Road, State Route 617, and running southerly 0.05 mile to the intersection with Willowynde Road, then continuing southerly 0.01 mile to end in a deadend. Willowynde Road - Beginning at the intersection with Vance Drive and running easterly 0.22 mile to end in a temporary turnaround. 0.06 mi. 0.22 mi. 84-]34 Salisbury: Heathland, Section A and Littenfield (2-17-84) Chepstow Road - Beginning at intersection with Winterfield Road, Route 714, and going westerly 0.34 mile to tie into proposed Chepstow Road, Section B of Salisbury, Heathland. Newgate Road - Beginning at intersection with Chepstow Road and going 0.13 mile southerly and 0.23 mile westerly to intersection with Heathland Drive. Heathland Drive - Beginning at intersection with Newgate Road and going 0.36 mile northerly to a cul-de-sac. Heathland Terrace - Beginning at intersection with Heathland Drive and going 0.12 mile southeasterly to a cul-de-sac. Chepstow Court - Beginning at intersection with Chepstow Road and going .07 mile northerly to a cul-de-sac. Smoketree, Section B (3-6-84) Smoketree South Parkway - Beginning at its intersection with Lucks Lane, State Route 720, extending south 0.07 mile to the intersection of Lockett Ridge Avenue, then southwest 0.07 mile to the intersection of Porters Mill Road. Porters Mill Road - Beginning at its intersection with Smoketree South Parkway, extending southeast 0.08 mile to the intersection of Lockett Ridge Road. Porters Mill. Court - Beginning at its intersection with Porters Mill Road, extending southerly 0.11 mile to a cul-de-sac. Lockett Ridge Road - Beginning at its intersection with Porters Mill Road, extending northeast 0.13 mile to the intersection of Lockett Ridge Place, then northwest 0.13 mile to a cul-de-sac. Lockett Ridge Place - Beginning at its intersection with Lockett Ridge Road, extending east 0.05 mile to a cul-de-sac. Lockett Ridge Avenue - Beginning at its intersection with Lockett Ridge Road, extending southwest 0.06 mile to the intersection of Lockett Ridge Court, then west 0.05 mile to the intersection of Smoketree South Parkway. Lockett Ridge Court - Beginning at its intersection with Lockett Ridge Avenue, extending south 0.04 mile to a cul-de-sac. ~ength 0.34 mi. 0.36 mi. 0.36 mi. 0.12 mi. 0.07 mi. 0.14 mi. 0.08 mi. 0.11 mi. 0.26 mi. 0.05 mi. 0.11 mi. 0.04 mi. 12. ADJOURNMENT On motion of Mrs. G~rone, seconded by Mr. Applegate, the Board adjourned at 1].:20 p.m. until 7:30 a.m. on March 27, 1984 at Byrd Airport to meet with the Capital Region Airport Commission. Vote: Unanimous County Administrator ~hair~.n 84-135