06-11-1986 MinutesBOARD OF SUPERVISORS
MINUTES
June 11, i986
Supervisors in Attendance:
Mr. R. Garland Dodd, Chairman
Mr. Harry G. Daniel, Vice Chairman
Mr. G. H. Applegate
Mrs. Joan Girone
Mr. Jesse J. Hayes
Mr. Bradford S. Hammer
Asst. County Administrator
Staff in Attendance:
Mr. Stanley Balderson,
Di~., Eoen. Develop.
Mrs. Doris DeHart,
Legislative Coord.
Mr. Phil Hester, Dir.
of Parks & Rec.
Mr. William Howell,
Dir. of Gen. Services
Mr. John R. Marling,
Chief, Comp. Plan.
Mr. Robert Masden,
Asst. Co. Admin. for
aum~n Services
Mr. Richard McElfish,
Dir. of ~nv. ~ng.
Mr. R. J. McCracken,
Transp. Director
~rs. Mary A. McGuire,
County Treasurer
Mr. Steve Micas, Co.
Attorney
Mrs. Pauline Mitchell,
Dir. of News/Info.
Services
Mr. William D. Peele,
Chief, Devel. Review
Mr. Lane Ramsey, Dir.
of Budget & Acctg.
Mr. M. D. Stith, Jr.,
Exec. Asst., Co. Adm.
Mr. David Welchons,
Dir. of Utilities
Mr. Frederick W. Willis,
Dir. of Human
Resource Management
Mr. Dodd called the meeting to order in the Airport ~anager's
Conference Room, Chesterfield County Airport at 5:00 p,m.
On motion of ~r. Applegate, seconded by Mrs. Girene, tho Board
went into Executive Session to discuss personnel matters as
permitted by Section 2.1-344 (a) (1) of the Code of virginia,
1950, as amended.
The Board recessed to travel to the Courthouse.
Reeenvening:
Mr. Dodd called the regularly scheduled meeting to order at the
Courthouse at 7:00 p.m. (EDST). He indicated Mr. Redrick, Count]
Administrator, was on vacation and introduced Mr. Bradford Hamme:
who would be substituting in his absence.
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1. INVOCATION
Mr. Hammer introduced Eeverand Robert M. A~mstreng, Pastor of St.
John'z Episcopal Church, who gave the invocation.
2. PLEDGE OF ALLEGIANCE TO TH~ FI~G OF THE UNITED STATES OP
AF~RICA
The Pledge of Allegiance to the Flag cf the United States of
America was cited.
3. APPROVAL OF MINUTES
3.A. AMENDMENT TO JULY 24, 1985 MINUTES
Mr. Bill Peele stated that on July 24, 1985, the Board of
£upervisors considered zoning request 85S048 by Vernon E.
LaPrade, Jr. regarding two parcels of land separated by the
alignment of Route 288. He stated the Board approved Mr.
LaPrade's request on the area north of proposed Route 288 and
deferred action on the parcel south of proposed Route 288 until
Mr. LaPrade could resolve concerns about access to Sale~ Church
Road. Me stated that as staff was working with the applicant on
the area south of proposed Route 288, he advised that he felt the
minutes of the July 24, 1985, Board meeting did not accurately
reflect the Board's action with respect to a note under Condition
9 on page 85-561. Ee stated that after reviewing the tape of
that meeting, sta££ feels that the applicant is correct and the
Board's intention was for the note to read as follows:
"(NOTE: Ail square feotages include first floor storage
facilities. Does not include porches, carports or
garages.)"
On motion of Mr. Daniel, seconded by Mr. Mayes, the Board amended
page 85-561 of the July 24, 1985 Minutes so that Condition 9 of
Case 85s048 reads as follows:
"9. Each single family residence shall have the following
minimum square footages:
a. Two-story houses shall have a minimum of 1,496 square
feet with 900 square feet finished.
b. Cape Cod houses shall have a minimum of 1,414 square
feet with 896 square feet finished.
e. Ranchers shall have a minimum of 1,200 square feet
finished.
{NOTE: All square footages include first floor storage
facilities. Does not include porches, carports or garages.)"
Vote: Unanimous
3.B. AMENDMENT TO THE MAY 14, 19~ MINUTES
Mr. Dick McElfish stated the wording of the resolution for state
acceptance of roads in Kimberly Acres, Section 3, Dale District,
failed to address a variable width right-of-way and the minutes
of the May 14, 1986 meeting should be amended to reflect this.
On motion of Mr. Daniel, seconded by Mr. Mayes, the Board amended
the minutes of the May 14, 1986 meeting, page 86-348, to replace
the existing re~elution on Kimberly Acres to read as follew~:
"This day the County Environmental Engineer, in accordance with
directions from this Beard, made report in writing upon his
examination of Pane Drive and Cotfield Road in Kimberly Acres,
Section 3, Dale District.
86-410
Upon consideration whereof, and en motion ef Mrs. Girene,
seconded by Mr. Daniel, it is resolved that Pane Drive and
Cotfield Road in Kimberly Acres, Section 3, Dale District, be an
they hereby are established as public roads.
And be it further resolved, that the Virginia Department of
Highways and Transportation, he and it hereby is requested to
take into the Secondary System, Pane Drive, beginning at the
southern end of existing Pane Drive, State Route 2429, and
running ~outherly 0.05 mile to end at the intersection with
Cotfield Read; and Cotfield Road, beginning at the southern end
o~ existing Cotfietd Road, State Route 2427, and running
southeasterly 0.10 mile to the intersection with Pane Drive, then
continuing southeasterly 0.03 mile to end in a dead end.
This request is inclusive of the adjacent slope, site distance
and designated Virginia Department of Highways drainage
easements.
These roads serve 17 lets.
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Bighways a 50'
right-of-way for Pane ~rive and a variable 50' to 60'
right-cf-way for Cotfield Road.
This section of Kimberly Acres is recorded as follew~=
Section 3. Plat Book 44, Page 49, November 10, 1983.
Vote: Unanimous"
Vote: Unanimous
3.C. MAY 21~ 1986 ~INUTES
On motion of Mr. Daniel, seconded by ~r. Mayes, the Board
approved the minutes of May 21, 1986, as amended.
Vote: Unanimous
3.D. MA~,~8, 1986 MINUTES
On motion of Mrs. Girene, seconded by ~r. Applegate, the Board
approved the minutes of May 28, 1986, as amended.
Vote: Unanimous
COUNTY ADMINISTRATOR'S COMF~'NTS
Mrs. Mitchell introduced Mr. Nicholas Studievic, a student from
Paris, France, presently attending Virginia Commonwealth
University. She stated he is a summer intern with Storer Cable.
Mr. Hanm~er stated he was pleased to announce that Chesteriield
County has been notified that it has received four achievement
awards fr~ the National Association of Counties. Se recognized
the Fire Department for its Med-Evac Program which utilized air
rescue service in assisting trauma victims in Chesterfield and
nearby municipalities; the Depart~nent of Parks and Recreation for
its iow-budget and innovative Nature Center in Rockwoed Park; the
Building Inspectors Office and the Data Processing Center which
combined the needs of the building inspectors with the technical
capabilities of computers to expedite and modernize the
complicated process of inspecting all t//e new construction in the
County; and the Planning Department and the Office of N~ws and
Public Information who worked together to involve the public in
the planning process by holding media informational workshops,
86-411
public meetings and work sessions prior to adopting land use
plans.
Mr. Masden stated that approximately one year ago the Board of
Supervisors and the Scard of Trustees of the Greater Richmond
United Way appointed a Citizens Task Force to assess the Human
Services needs in Chesterfield County and to make recommendation
relatigg thereto. He stated the Committee did an outstanding job
with limited resources. Mr. Masden introduced Mr. Bob Dowd,
Chairman of the Task Force, who introduced the other members as
well as visitors from the United Way who were in attendance for
the formal presentation of the report to the soard, The Board
recognized the report as being outstanding and complying with the
charges entrusted t0 committee and expressed appreciation to the
Committee for the invaluable service it had performed for the
County.
Mr. Phil Hester stated the Chesterfield County Parks and
Recreation Department will be hosting its ~irst summer concert
series entitled "A Family Affair." He stated the series of four
concerts, cc-sponsored by Sigma Development Corporation, FidelityI
Bankers Life Insurance Company, Procare and Chesterfield Parks
and Recreation, will be held at the Bouldsrs Complex located off
Midlothian Turnpike, from 7 - 9 p.m., on June 15~ July 20, August
17 and September 21, lg~6. Re then introduced Mr. Gary Fenton
and Ms. Sherry Barnes who presented framed souvenir posters of
the event to the Board members.
Mrs. Girone introduced and welcomed Boy Scout Troop #876 from
Mount Pisgah United Methodist Church, Bon Air, led by Troop
Committee Chairman John Pleasants. She stated the group was
presently working toward their "Citizenship in the Community"
merit badge.
5. BOARD C0~ITTEE REPORTS
Mr. Applegate stated he had met with Senators Warner and Trible
and Congressman Bliley to discuss possible funding for the
Richmond International Airport. He stated he was uncertain as to
the ou%coms of the issue due to the potential impact of the
Grant~-Rudman Act; however, he stated he had received assurances
that they would work toward this endeavor.
Mrs. Gircne stated she and Mr. Daniel had met in Powhatan with
representatives from Amelia and Cumberland to discuss the Lake
Genito Project and staff is developing a scope of work, prior to
bidding, for a consultant to study the project.
She stated she had met with the Junior Government class at
Midlot/uian High School to discuss the proposed County Charter and
the students were very interested in the document. Sh~ ~xpressed
concern that news relative to the proposed Charter needs to be
disseminated throughout the County so the public can b~ informed
and aware of its contents. She stated copies of the proposed
Charter can be obtained at the Courthouse.
Mrs. Girone stated the Nursinq Home Foundation had met. She
stated there is one property remaininq in that trust which will
be hold and the trust closed out in the near future.
Mrs. Girone statsd she attend the annual meeting of the Bermuda
Run Task Force who is doing a very good job with this project, as
well as the Park Lee project. She stated there are a few
problems; however, they are being handled.
She stated the Utilities Department presented her "First Monday"
meeting with the proposal for the Water Syste~ Master Plan, the
Water and Sewer Capital Improvements Program and the
86-412
amendment to the Ordinance relating to water connection fees and
water service charges. She stated staff did an excellent job
explaining this complex issue.
Mrs. Girone stated she had attended the ~xtension Service
Advisory Board meeting. She stated there was disappointment that
the Hazardous Waste Day was cancelled and it is anticipated that
the event would be conducted in the fall.
Mrs. Girone stated she attended a meeting relative to the signal
light at Pinetta Drive and Buford Road, which hopefully may be
completed in the fall; however, there have been delays and
completio~ may be later.
Mrs. Girone announced that the Smoketree Civic and Recreation
Association opened its second pool and commented that it is a
very attractive project.
Mr. Daniel stated Mrs. Girone had reported on meetings he had
attended.
Mr. Dodd stated he had been busy with Board business,
specifically working on the Powhite Parkway Extension
project.
6. P-EQUESTS TO POSTPONE ACTION~ EMERGENCY ADDITIONS OR CHANGES
IN THE ORDER OF PRESENTATION
On motion of Mr. Mayes, Seconded by Mr. Applagate, the Board
added Item ll.E.4., Consider Amending the Ban on Lawn and Garden
Sprinkling; and adopted the agenda as amended.
Vote: Unanimous
7. P~ESOLUTIONS OF SPECIAL P. ECOGNITION
7.A. RESOLUTION RECOGNIZING MR. WILLIE EDWARD LANIER
Mrs. Pauline Mitchell introduced Mr. Willie Lanier who was
present.
On motion of the Board, the following resolution was adopted:
WHEREAS, Willie Edward Lanier has proven to be an
exceptional citizen of Chesterfield County; and
~EREAS, as a role model for young people, by his
outstanding career as a student-athlete at Maggie Walker High
School in Richmond and at Morgan State University; and
WHEREAS, he attracted favorable national attention as a
middle tinebacker with the ~ansas City Chiefs for ten years, and
especially a~ a star of Super Bowl IV, when his team d~feated the
Minnesota Vikings in 1970; and
WHEREAS, by being named six times All-Pro N.F.L. Man of the
Year, he provided $25,000 in scholarships for five Kansas City
students; and
W~EP~EA$, he has continued to excel as an account executive
with Wheat, First Securities in Richmond; and
WHEREAS, he has served his community in a volunteer capacity
as Finance Chairman for Friends Association for Children, a
member of the Board of Directors of Boy Scouts cf America and
Consumer Credit Council of Virginia; and as a member of the
Selection Committee for the Chesterfield County ~conomio
Development Director; and
86-413
W~EREA$, yet another honor has been bestowed - that of bein
named to the permanent Football Ball of ~ame;
THEREFORE, BE IT RESOLVED, that the Chesterfield County
Board of Supervisors does hereby honor Willie Lanier as an
outstanding citizen of Chesterfield County.
Vote: Unanimous
Mrs. Girone presented the executed resolution to Mr. Lanier and
expressed great pride in being able to do so.
7.B. RESOLUTION RECOGNIZING JOHNAT~AN L. SHIPLEY
Mr. stith introduced Mr. Johnathan L. Shipley, who had achieved
the rank of Eagle Scout.
On motion of the Board, the following resolution was adopted:
WHEREAS, Johnathan L. Shipley, son of Mr. and Mrs. Gus
Shfpley, of Gregory Road, is a member of Troop 874, sponsored by
st. Luke's United Methodiet Church, and attends Manchester High
School; and
WHEREAS, it is known and recognized that this is an honor
that must be earned over a long period of time, requiring physi-
cal skills, knowledge and training in 24 different categories;
and
WHEREAS, Johnathan is a member of Manchester High School's
Show Choir and Deba~e Team, is Vice-President of the School's
Drama Club, the Triptych Players; and
WHEREAS, Johnathan exemplifies the highest ideals of scout-
ing and has proven to his leaders that he is a good citizen of
outstanding character; and
WE~R~AB, the rank of Eagle Scout that he has attained is an
honor that will remain with him forever.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby extends its congratulations to
Johnathan L. Shipley and acknowledges the good fortune of the
County to have such an outstanding young man as one of it~
citizens.
Vote: Unan/~ous
Mr. Applegate presented the executed resolution to Mr. Johnathan
Shipley and recognized Mr. and Mrs. Gus Shipley who were also
present.
7.C. RESOLUTION RECOGNIZING THE CITIZENS COMMITTEE FOR
CONSIDERATION OF A CHARTER
On motion of the Board, the following resolution was adopted:
WHEREAS, the 1985 General Assembly adopted legislation
psrmitting Counties to obtain charters defining its method of
governing said Counties; and
WREREAS, the Chesterfield County Board of Supervisors on
August 28, 1985, adopted a resolution indicating its desire to
consider a Charter for Chesterfield County; and
WHEREAS, the Board of Supervisors designated a Committee
composed of three (3) citizen members from each Magisterial
88-414
District to study the feasibility of a Charter Form of Govern-
ment; and
WHEREAS, Mrs. Janet C. Alley, Dr. Kenneth E. Copetand, and
Hr. J. B. (Steve) Perkins from Bermuda District; Mrs. Ann M.
Duffer, Mrs. Nancy L. Paueic and Mr. William F. Mohr from Clover
Hill Distriot~ Me. Pat ~obbs, Mr. R. Russell Moore and Dr. Edgar
V. Wallin from Dale District; Mr. J. Royall Robertson, Dr. Samuel
A. Madden and Mrs. Mary Cooper from Matoaoa District; and Mrs.
Elsie Elmore, Mrs. Lynne Cooper and Dr. Chong M. Pek from Midlo-
thian District were appointed to serve their County to undertake
this vital task; and
WHEREAS, these dedicated individuals met bi-weekly for seven
months hearing testimony from many State and County officials and
analyzing various ways in which local governments are organized
and the ex~sting structure of the Chesterfield County Government;
and
WHEREAS, the time and effort expended were given freely and
unselfishly for the betterment of Chesterfield County; and
WHEREAS, the Citizens Committee for Consideration of a
Charter formally presented its report and draft Charter to the
Board of Supervieore on May 21, 1986, for consideration.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County
Board of Supervisors hereby recognizes the valuable efforts of
each m~mber of the Citizens Committee in this important under-
taking and for their thorough analysis and careful drafting of a
proposed Charter for Chesterfield County.
FURTHER, BB IT REBOLVBD, that the Chesterfield County Board
of Supervisors expresses its appreciation to each member of the
Citizens Committee for Consideration of a Charter and wi~he~ to
recognize their outstanding community spirit by copying this
resolution into its Minute Book for permanent retention.
Vote: Unanimous
Mr. Dodd recognized the members of the Citizen~ Committee for
Consideration of a Charter and presented the executed resolution
to those in attendance. He expressed appreciation for the
Committee's dedication in developing the proposed Charter,
Hr. J. Royall Robertscn stated that it had boon a great pleasure
and an honor to have the opportunity to ~erve the Board.
RESOLUTION RECOGNIZING MR. iRE¥ H. ~ROWN
Mr. Stith introduced Mr. Ed Moseley who recognized Mr. Brown and
commended him for his outstanding service to the Museum Co~mmitte~
and to the County Museum. He also introduced members o~ Mr.
Brown's family and the Museum Committee who were present.
On motion of the Board, the following resolution was adopted:
WHEREAS, Irby H. Brown was appointed to the original
Chesterfield County Museum Committee on August 8, 1961, by the
Board of Supervisors of Chesterfield County; and
WHEREAS, Mr. Brown has continuously served faithfully on
that Committee for twenty-five years; and
WHEREAS, during his twenty-five years of service, Mr. Brown
has only missed meetings when extenuating circumstances prevented
hie attendance; and
86-415
~THEREAS, during his tenure, he gave generously of his time,
his talents and his material possessions; and
W~AS, effective May 15, 1986, Mr. Brown retired frc~ the
Chesterfield County Museum Committee.
NOW~ THEREFORE BE IT RESOLUED, that on behalf of the citi-
zens of Chesterfield County, the Board of Supervisors extends its
grateful appreciation to Irby H. Brown for his unselfish devotion
to Chesterfield County and its citizens.
Vote: Unanimous
Mr. Dodd presented Mr. Erown with the executed resolution. Mr.
Brown expressed appreciation for the recognition.
7.E. R~$OLUTION RECOGNIZING MR. PHIL T. HESTER
Mr. Masden recognized and commended Mr. Phil Hester, Director of
Parks and Recreation, for his conscientious dedication to
Chesterfield County, its citizens and the Parks and Recreation
profession and briefly outlined Mr. Hester's accomplishments and
efforts in the County. He stated Mr. Hester has accepted a
position as Deputy Director of the Parks and Recreation
Department for Los Angeles County and would be sorely missed by
all.
On motion of the Board, the following resolution was adopted=
WHEREAS, when Phil Hester was employed as Director of Parks
and Recreation in 1978 the Department had an annual budget of
$200,000 with three employees and four parks; and
WHEREAS, during tho~e years nnder Mr. Hester'$ leadership,
the Parks and Recreation Department has made great strides, both
in park facilities and recreational programming, has increased
its staff to sixty full-time employees, expanded its facilities
to 14 parks (1,421 acres), six athletic complexes (129 acres) and
recreational activities at 31 schoel~ with an operating budget of
approximately $2.5 million; and
WHEREAS, Mr. Hester has been instrumental in the acquisition
of numerous significant grants for the development and
maintenance of parks and recreation facilities within the County;
and
WHEREAS, during Mr. Hester's tenure, both the Depart/nont and
the County have received positive state and national recognition
through a variety of awards and citations; and
WHEREAS, Mr. Hester has garnered tremendous community
support for the facilities and service of the Parks and Recrea-
tion Department, as indicated by the passage of two Parks and
Recreation Bond Referendums, totalling over $9,000,000 during his
tenure; and
WHEREAS, Mr. Hoster has served as President of the Virginia
Recreation and Park Society, and is highly respected by his peers
on both the state and national levels.
NOW, THEREFORE BE I9 RESOLVED, that tho Board of Supervisors
of Chesterfield County does hereby recognize and publicly commend
Mr. Phil T. Hoster for his conscientious dedication to Chester-
field County, its residents and tho Parks and Recreation Profes-
sion.
FURTHER, BE IT RESOLVED, that the Board of Supervisors of
Chesterfield County hereby expresses its appreciation and grati-
tude to Mr. Phil T. Hester and wishes him continued success in
his new endeavors.
86-416
Mr. Dodd presented Mr. Heater with the executed resolution. He
also expressed appreciation and gratitude to Mr. Rester for his
faithful and loyal ~erviee.
Mr. Hester expressed his apprs¢iatlon for this recognition and
the support he had received from the Board, Mr. Eedrick, Mr.
~asden and staff durinq hie tenure.
RESOLUTION DECLARING JDLY AS PAPJ<S AND RECREATION MONTH
On motion of the Board, the following resolution was adopted:
WHEREAS, the Governor of the Commonwealth of Virginia has
designated the month of July as Parks and Recreation Month; and
WHEREAS, the worthy use of leisure time is racognised as a
vital component of productive living; and
WHEREAS, opportunities for positive leisure experiences are
an integral component of a well-balanced program of community
services; and
WHEREAS, through the various individual, group and family
recreational opportunities offered by the Chesterfield County
Barks and Recreation Department, the citizens of the County can
utilize their leisure in a positive and productive manner; and
WHEREAS, outdoor green spaces and park facilities promote
the importance of a community's natural resources as well as the
physical and mental health of its residents; and
WHEREAS, the quality of a community is based in large part
on the health of its individual citizens~ and Parks and Recrea-
tion has a definite positive impact on the health of thoee
citizens.
NOW, T~EREFORE BE IT RESOLVED, that the Board of Supervisors
Of Chesterfield County hereby declares the month of July as
"PARRS AND RECREATION MONTH" in Chesterfield County and encour-
ages all our County citizens to visit our parks and participate
in our recreational activities.
FURTHER, ~ IT RESOLVED, that the Board of Supervisors of
Chesterfield County hereby expresses its appreciation and grati-
tude to the professional Parks and Recreation staff for its
service and dedication to the enhance~ent of leisure activities
and facilities in Chesterfield County.
Vote: Unanimous
Mr. Dodd presented Mr. Hester with the executed resolution.
8. ~F~a~INGS OF CITIZENS ON UNSCHEDUT.~.D MATTERS OR CLAIMS
Mr. Hammer stated there were no hearings of citizens scheduled at
this time.
9. DEFERRED ITEMS
CONSIDER WATER AND SEWER CAPITAL IMPR0V~M~NT PROGRAMS
(CIP} FOR FISCAL YEARS 1987 TO 1991 AND INITIAL YEAR OF
THE CIP AS CAPITAL BUDGET FOR WATER AND SEWER PROGRAMS
Mr. HaK~er stated the consideration of the Water and Sewer
Capital Improvement Programs (CIP) for Fiscal Years 1987 to 1991
86-417
and initial Year of the CIP as Capital Budget for Water and Sewer
Programs had been deferred from the May 28, 1986.
Mr. Welchons stated the proposed Water and Sewer Capital
Improvement Programs had been presented to the Board at its May
14, 1986 work session and, subsequently, the public hearing was
conducted on May 28, 1986, at which time the matter was deferred
in order for staff to provide further explanation, as well as
clarification~ oi several issues.
In response to a question by Mr. Dodd, Mr, Mioa~ ~tated the
public hearing had been closed at the May 28, 1986, meeting.
Mr. Daniel stated he wished the minutes to reflect that approval
of the Capital Budget for water, which includes the demolition of
the Falling Creek Water Plant and repairs to the Falling Creek
dam, is not to be interpreted in any manner that the County is
abandoning the Falling Creek Reservoir.
Mrs. Girone moved a Board motion for approval of the request.
Mr. Mayes inquired if consideration of this item would impact on
Item 9.B.
Mr. Dodd stated that he would assume if one had a problem with
Item 9.B,, one could have concerns with Item 9.A.
Mr. Mayes indicated he was not certain how he would vote on
either issue.
Mrs. Girone withdrew her motion.
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
adopted the Water and Sewer Capital Improvement Programs (A copy
of which is filed with the papers of this Board), approved the
amount of $3,365,000 as the Water system Capital Improvement
Budget and the amount of $12,355,000 as the Sewer System Capital
Improvement Budget for giscal Year 1986-87.
Mr. Applegate questioned if approval of the paper projects the
increase for only two years, even though it is a six year
program.
Mr. Welchons stated that the Water and Sewer Capital Improvement
Program and Budget will be presented to the ~oard annually for
conslderation~ however, general approval of the overall six year
program and appropriation of the funds for the upcoming year as
the Capital Budget is requested at this time.
Mr. Applegate questioned if approval of this impacts the future
rates in the ensuing years.
Mr. Welchons stated approval of thi~ paper will only affect the
rates for the first year; however, approval does lend some
support that the Board is acknowledging these are some of the
things needed to be done to keep the system viable. Be added
there will probably need to be some rate increases in future
years in order to fund those projects.
Mrs. Girone stated there has been much debate about the Capital
Improvement Programs for water and sewer in the County. She
stated it is her view that this decision was really made by the
voters in the early 70's when they approved, through referendum,
the trunk sewer that runs to Brandermill and all the growth in
this County is feeding on that trunk sewer. She stated, in this
proposed program, the initial year of funding is ~erely an
expansion of that commitment that the voters made oonscientiousl
in the early 70's. She stated th~ County has sold the bonds to
finance this further expansion and now we have to pay by voting
for the details which include this Capital Budget and th~ next
action listed will be the fees to support it. She stated this i
part of an on-going program in this County that was created prior
t~ the existing Board and this proposal is merely a sound
86-418
,r1
continuation of that program. She stated in her opinion the
proposal is well thought out. She stated staff explained it at
her "First Monday" meeting and citizens who had misgivings about
the fees now understand it. She stated she felt this action has
been predetermined and the Board is guiding it along on the path
that it was destined to take, ensuring that it is well done and
done in a timely, affordable manner. She stated she thinks it is
a good program for Chesterfield's future.
Mr. Mayes stated the issue addresses what was done for
Brandermilt and now we have to pay. He stated his cOnCern is
that this is a good opportunity to take a look at what is
required for the whole County and deal with it on that basis. He
stated to do otherwise would be using a band-aid approach to a
cancerous situation.
With respect to the comment regarding the Brandermill trunk sewer
line, Mr. Applegate stated that there are County-wide
improvements that go to this expenditure and it is not
Brandermill's trunk sewer that caused this deficiency. Be stated
he felt this statement needed to go in the record because there
are a number of projects outlined here that were already
appropriated.
Mrs. Girone stated she had only cited Brandermill as the origin
of the project; however, there is a water line that extends from
the Appomattox up to Swift Creek which is in this program and the
Matoaca District in the ~outhern end of the County is a strong
beneficiary of this program. Ehe stated this proposal is only an
expansion of the whole system.
Mr. Mayes stated that if the Board were to approve this Capital
Budget outlay then the Board is endorsing approval of the fees to
support it and he is not prepared to do that.
Mr. Daniel stated that everyone evaluates the Capital Budget
differently. Me further stated his evaluation/interpretation of
this budget has been that these are the minimum amount of
requirements that it will take to maintain the system as it
currently exists with minimum expansion around that system. He
stated if any major expansion projects are encountered, as
discussed in the Plan, they will be presented to the voters in
the near future. He stated the amount of Capital Budget that is
required is so small, in the grand scheme of things, that the
percentage terms of what a rate decrease would be should the
Capital Bridget not be approved could not even be calculated;
however, it does probably impact the fees of the Capital Budget
in such a small way that it could not be detected through a
financial analysis.
Mr. Dodd stated he is concerned about the Johnson Creek
Station scheduled for 1990; there will be some tremendous growth
On 1-295 in the Enon Area which will be of benefit to the whole
County and we need to be set and ready to capture and take
advantag~ of new business. He stated he wished to reiterate
Girene's comments that the citizens of this County point out that
planning is needed and the Utility Department has been pretty
well planned. ~e stated the water ban was the first problem
encountered in ten years. Be stated the system has functioned
well considering the tremendous growth the County has
experienced.
Ayes: Mr. Dodd, Mr. Daniel, Mr. Applegate and Mrs. Girone.
Nays: Mr. Mayes.
9.B. CONSIDER AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CEESTERFIELD~ 1978r AS AMENDEDr BY APPENDING CHA~T~R 20,
RELATING TO WATER CONNECTION FE~S~ WATER SERVICE CHARGESr
OVERSTZ~ AND OFFSITE EXT~NSiON$~ AND CONNECTIONS TO T~E
WATER SXSTB~
Mr. Hammer statsd consideration of an Ordinance to amend Chapter
86-419
20 of the County Code relating to water connection foes, water
service charges oversi~o and offsito extensions and connections
to the water system had been deferred from the May 28, 1986,
Board of Supervisors meeting.
Mr. Welchons stated at the Board work session on May 14, 1986,
staff prossnted the proposed Water and Sewer rate increases
necessary to fund t_he increased debt service and to fund a
portion of the Capital Improvement Projects and SUbsequently, tho
public hearing was conducted on May 28, 1986, at which time the
matter was deferred for two weeks for further consideration.
Mr. Applegate stated he had met with Mr. Welohons and Mr. Hammer
since the last meeting, and they had satisfied him that the pro
rata share of the new growth was paying its way and not burdenin
the existing system. Mr. Mayes stated he also had met with staff'
concerning this issue and he was not convinced. He stated he was
disturbed that the 7% appeared to not only support the existing
maintenance of the utilities but also provides for and subsidizes
the new additions. He stated he did not feet it was fair to hav~
the present users subsidize the provision of these facilities for
new users and new developers,
Mr. Applegate stated it was pointed out to him that the prior CIP
program, which was passed by a prior ~oard, needs to be paid for
and has been taken into consideration in this proposal. He added
the raw water cost from tho Appomattox has been substantially
increased and impacts the situation. Mr. Welchons stated there
had been an increase when the debt became due on the bonds for
the expansion. Mr. Applegate stated that this has been taken
into consideration for the existing service in the 7%. Mr.
W~lehons stated the rate for that was increased a year or two ago
when the debt service became payable.
Mr. Mayes stated this was the first time he had heard that the 7%
increase was necessary because the cost of water has increased.
He stated that ho felt the Board needed to look far beyond what
it is doinq today.
Mr. Applegate stated that the bonds have already b~en sold, the
debt service has to be paid and there is ne way to delay that.
Mr. Mayes stated that what we are saying i~ that we want the
taxpayers to pay for the shortsightedness of what has been done.
Mr. Daniel stated he agreed and that is why the Board has
instructed the County Administrator that any future bond sales
will always be tied to revenue services.
Mrs. Girone stated thio entire Board voted for the expansion of
the Appomattox Treatment Plant. She stated the Board was aware
of the purpose of that action which was to bring the water from
the Appomattox to Swift Creek and that is the system for this
County.
Mr. Daniel stated he had received no telephone calls telling him
to raise the water rate which is understandable; however, he had
received several letters and telephone calls explaining economic
situations that a water rate increase would cause a hardship and
encouraging a "no" vote. Be stated maybe we have made some wrong
decisions in our rate structur~ in the past but he thought in all
tho past discussions conducted over the last several weeks we
have made it clear as to what our policy is going to be, that
rate increases are going to be tied to the cost to deliver the
water system to the average user and more and more costs are
going to be shifted over a period of time to the new homeowner.
He stated he felt this is the first step in the right direction,
we have not had any major connection fee increases in fivel
years, etc. We thought we were doing the public a favor
extending rate increases out as far as possible and that did not
86-420
turn out to be good advice. He stated maybe we did make some
mistakes in the past but we are not going to repeat them.
Mr. Daniel stated he felt this should be a Board motion. Se
stated he realized Colonel Mayes' concerns and believed that we
can work on the points that were brought oat collectively.
Mr. Mayes co~ented he would vote against the issue.
adopted ths following Ordinance:
CHAPTER 20
UTILITIES
Article I
Article IIA
Article IIB
Article III
Article IV
Article V
Administration
Water
Sewer
Industrial Waste Discharge
Repealed
Cross-connection
20-1.1
20-1.2
Article I
Administration
Administration.
The general management and control of the utilities
system as well as the enforcement of the provisions of
this chapter shall be the responsibility of the Board
of Supervisors. The utilities department shall be the
administrative agent for the Board of Supervisors in
the performance of these functions.
Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings ascribed by this
section.
(a) Connection Fee. A cha~ge payable to the county for
connecting to a county water or sewer system.
(b) Consumer. Any person to whom water or sewer services
are supplied directly either as owner, agent er tenant
of the premises to which such service is supplied
through a county mater, and who is liable to the county
for the payment of charges for the consumption of water
and usage of sewer services. The term "consumer" shall
also include whets the context so requires, any
developer who, is liable to the county for the payment
of changes with rsspsct to county water and sewer
services.
(c) Developer. Any psrson who develops or proposes to
develop a tract of land as a unit under single
owncrshlp or unified control where such tract is to be
used for any business or industrial purpose or is to
contain three or more residential dwelling units, and
where such tract ia not to be principally devoted to
agricultural production. The term "developsr" also
includes any person who is a subdivider as defined in
Section 18-2 of the Chesterfield County Code, 1978, as
amended.
(d) Garbage. Solid waste and residue from the preparation,
cooking and dispensing of food, and f~om the handling,
storage and sale of food products and produce.
86-421
(e) Muman Waste. Euman excrement or kitchen or laundry
wastes.
(f) Industrial User. An industry listed in the Standard
Industrial Classification Manual, United States Bureau
of the Budget, 1967, as amended and supplemented, under
the category "Division D-Manufacturing" or classified
as a significant waste producer under regulations
iDsued by the State Water Control Board or the U.S.
Environmental Protection Agency.
(g) Industrial Waste. Liquids or other wastes resulting
from any process of an industry, a manufacturer, a
trade or a business or from the development of natural
resources.
(h) Infiltration. Water other than wastewater that enters
a sewer system (including sewer service connections and
foundation drains) from the ground through such means
as defective pipes, pipe joints, connections or
manholes.
(i) Inflow. Water that enters the sewer zyztem which is
not wastewater or infiltration.
(j) Normal Domestic Sewage. Sewage in which the
concentration of suspended materials and five (5) days
twenty (20) degrees centigrade BCD is established at
two hundred forty (240) parts per million each, by
weight, On the basis of the normal daily contribution
cf two-tenths (0.20) pounds per capita, per one hundred
(100} gallons.
(k) Off-site. An extension of a sewer line which is longel
than 200 feet and makes service available to property
between the existing sewer and the developer's
property.
(1) Oversize Line. A water or sewer pipe which is larger
than the pipe needed to serve the developer's property
or eight inches in diameter, whichever is larger.
(m) Service to Another Area. When a utility line is the
most economically practicable method of serving the
area, no current llne is available and the property
becomes directly serviceable by the utility line.
(n) Sewage. Water-carried human wastes from residences,
buildings, industrial e~tablish~ents or other places
together with industrial wastes or infiltration which
may be present.
(o) Total Construction Cost. Total ~mount bid by a
line, and to restore property as nearly as possible to
its original condition.
Total Project Cost. All costs required to complete a
utilitiez project, including, but not limited to,
administrative, engineering and right of way costs.
Utility Charge. Periodic service charge for water and
Ni~ht of entry.
Every person occupying any 1ct Or building to which sewer
service is provided or into which water is conveyed through
a county water meter shall permit any authorized agent of
the county to enter such lot Or building at reasonable hours
to inepect the county water or sewer system.
(p)
(q)
20-1.3
86-422
20-1.4 Collection of utilities accounts.
(a) Ail utilities accounts shall be due and payable to the
treasurer of the county upon receipt of the statement
rendered by the utilities department, and shall be
considered delinquent if not paid within twenty-five
days of the billing date.
(b) ~aymont received on any utilities account shall be
first applied to the amount of any unpaid delinquent
financing charges, then to amounts in arrears reducing
the oldest charges first, then to tho current billing.
For the current billing all monies shall first be
applied to the payment of the sewer bill.
20-1.5 Bills - late payment.
Any amount for which palanent has not been received
twenty-five (25) days after the billing date shall be
subject to the imposition of a monthly delinquent charge of
$1.50 or 5% of the unpaid bill, whichever is greater, and a~
interest charge of 1% of the unpaid amount per month for
each month until payment is made.
20-1.6 Termination of service for nonpayment of utilities
charges; additional charge.
tf the bill for any utility charge becomes dolincfuent and
remains unpaid for fifteen days thereafter, and written
notice has been sent to the consumer that water or sewer
services at the premises will be discontinued, the utilitie~
department shall discontinue water or sewer services.
If prior to disconnection, the consumer pays a delinquent
bill to a county representative at the consumer's location,
a collection foe of ten dollars shall be paid in addition tc
the total bill. If service has been disconnected due to
nonpayment, a reconnection fee of twenty-five dollars shall
be paid in addition to the total bill prior to restoration
of service.
20-1.7 Charges for utilities services a lien on real estate
served.
Any unpaid feem or aesessments made for utilities services
or connections to the utilities system shall, from the date
much charges ere due, be a lien on the real e~tate served b~
such service or connection; provided however, that the
imposition of a lion shall not relieve the tenant or
resident of such premises from liability for the payment of
such charges.
The utilities department may periodically certify as being
unpaid such charges, together with interest from tho hate of
such certification, to the clerk of the circuit court, who
shall docket the same in the appropriate judgment lien book
in accordance with section 15.1-296 Of the Code of Virginia,
1950, as amended.
20-1.8 Account initiation and reestablishment charges.
(a) A fifteen dollar fee shall be charged each consumer to
cover administrative costs associated with revising or
amending a utilities account with the county after the
initial account is established. This fee will bo
included with the first bill for service.
(b) The charge for reinetallation of a meter previously
removed shall be fifty dollars for all meters up to twc
inches and for all meters two inches or greater, the
charge shall be the cost of labor, materials and
ec~ipment, plus twenty-five percent.
86-423
(c) The county shall set-off any refunds owed a consumer or
the value of other assets of the consumer held by the
utilities department against any debts owed the
utilities department by the consumer.
20-1.9 Determination of utilities charges.
(a) Beginnin9 with the installation of the county meter, a
consumer shall be charged for all water passing through
the meter, whether used or wasted; provided, however,
that where leaks Occur in the water pipes or metered
services within the responsibility of the consumer and
the consu~er ~akes the necessary repairs within thirty
(30) days after receiving notice of the excessive
consumption, the county, subject to a final field
inspection, upon application by the property owner
shall refund charges for fifty (50) percent of the
consumption in excess of the average consumption for
the premises affected. Where the leaks occur in that
portion of the water system under the responsibility of
the Utilities Department, the owner shall be charged
only the amount of the averag~ of the three previous
bimonthly bills for the premises.
(b) If the consumer establishes to the utilities
department's satisfaction that any such leak did not
affect the sewer system, the utilities department shall
adjust the sewer portion of the utilities bill to the
amount of the average of the three previous bimonthly
bills.
(c) Where leaks occur in that portion of the water system
under the responsibility of the consumer only one (1)
refund will be made for tho same or similar condition
within a period of eighteen (18) months.
20-1.10 ~harge~ when meter fails.
Whenever tho utilities department determines that a meter
fails to register properly and the consumer has received the
usual or necessary supply of water during the time of meter
failure, the consumer shall he billed only for the amount of
the average of the three previous bi-monthly bills or if no
history is available the average shall be determined by use
of a theoretical consumer similarly situated.
20-1.11 Approval of a change in use.
It shall be unlawful to use the facilities or services of
the utilities department for any purpose other than the
stated purpose of the consumer's approved application for
service. Any change in use must first be approved by the
utilities department.
20-1.12 Defacing or obstructlnq utilities property.
It shall be unlawful for any person to:
(a) deface, obstruct, alter, damage, disturb or move any
property under the control of the utilities department
or any fixture connected with or pertaining to the
utilities system; or
lb) obstruct access to any fixture or facility of the
utilities system; or
(o) open any utilities fixture so as to waste the water of
the utilities system; or
{d) discharge into any sewer any material or substance
which will in any way impair the efficiency of
operating and maintaining utilities facilities; or
86-424
(e) use the services er facilities of the utilities system
for a purpose for which he has neither paid nor
obtained permission.
20-1.13 Trespass On property under eontr'ol of county.
It shall be unlawful for any person not authorized by the
utilities department to go upon any of the property under
the control of the utilities department, to put trash or
refuse upon any such property or upon or into the waters of
any impoundment of the county, or to operate any internal
combustion engine upon the waters of any such impound~%ent;
provided, however, that this section shall not apply to
those landowners who reserved the right to engage in certain
limited activities upon certain water impoundments by the
provisions of executed easement agreements or orders of
condemnation entered against such landowners so long as no
internal combustion engine i~ used by them or their
inviteee; and provided further, that this section shall not
apply to the operation of internal combustion engines by
law-enforcement officials Or county employees.
20-1.14 Prohibited construction on utility easement.
Any person who constructs any type of permanent structure
within an utility easement which impedes access to any
portion of the utilities system shall be held liable for the
cost of removing the structure. This section does not
supercede provisions contained in any deed of easement
executed between the county and the property owner.
20-1.15 ~omplianee with article.
No person shall install, alter or repair any fixture or
equipment intended to connect the sewer or water facility of
any premises with the county sewer or water systems until
such person complies with the terms of this article and all
specification~ and r~quir~ment~ of the ntilities department.
20-1.16 Prevention of water shortages.
(a) In Order to prevent a water shortage or sewer system
overload, the Board of Supervisors shall declare
publicly specific mandatory or voluntary conditions and
re~trictions limiting the use of water or sewer
services; provided, however, that the County
Administrator may declare such conditions Or
restrictions so long as those conditions or
restrictions are approved by the Board of Supervisors
at its next meeting.
(b) A formal state of emergency arising wholly or
substantially out of a water shortage or ~ewer system
overload shall be declared only by the Governor, upon
petition of the Board of Supervisors, in accordance
with ~44-146.13 e__t seq. of the Code of Virginia, 1950,
as amended.
20-1.17 Restrictions on connections to sewer and water system.
The county shall have the right to restrict connections to
the county sewer and water systems due to existing or
anticipated capacity or treatment shortages. A system for
allocating connections to the county utility symtem shall be
developed by the utilities dspartment using uniform criteria
and shall be approved at a public meeting by the Board of
Supervisors.
20-1.18 Requirement to install dry sewer or water line.
The county may require a developer to extend the sewer or
86-425
water system to serve properties beyond the property being
developed at the developer's expense provided that the
developer shall be eligible to receive 100% of the cost of
such extension from refunds from connection fees which shall
be repaid prior to the repayment of any other extension or
oversizing costs subject to being refunded.
Article IIA
20-1.19 Fluoridation of water.
Upon receiving a permit from the state department of health,
the utilities department shell fluoridate the county water
in accordance with state regulations and shall keep records
as necessary to determine that the water is properly
fluoridated.
20-1.20 Application for new water service.
Upon written application for service and advance payment of
the applicable connection fee set forth in this chapter, th~
utilities department shall install, subject to utilities
department rules and requlations, a water meter where the
consumer shall connect to %he county water system. The
consumer shall pay the connection fee upon demand of the
utilities department in the full amount or on an installment
plan approved by the utilities department.
20-1.21 Conditional use of water.
If the utilities department determines that a proposed
industrial, commercial or domestic ese of the county water
system is reasonably likely to cause damage or constitute a
hazard to the water system, the utilities department may
impose, upon the applicant asking for water service,
reasonable conditions regarding the type and manner of use
which are designed to minimize danger to the county water
system.
20-1.22 Connection Fees - Generally.
Basic connection fees for water in the county shall be based
on meter size as determined by the county in accordance with
the following schedule:
(a) The basic connection fees for service to all consumers
except commercial, industrial, office and public
buildings shall be:
(1) For the five-eighths-inch meter with three -
fourths-inch pipe, the fee shall be one thousand
dollars.
(2) For the five-sightho-inoh meter with one-inch
pipe, the fee shall be one thousand and ten
dollars.
(3] For the one-inch meter with One-inch pipe, the fee
shall be one thousand and seventy dollars.
(4) For the one-inch meter with one and one-half-inch
pipe, the fee shall be one thousand one hundred
and thirty dollars.
{5) For the one and one-half-inch meter with one and
one-half-inch pipe, the fee shall be One thousand
one hundred and seventy dollars.
86-426
r
(6) For the one and one-half-inch meter with two-inch
pipe, the fee shall be one thousand one hundred
and seventy dollars.
(7) For the two-inch meter with two-inch pipe, the fee
shall be one thousand two hundred and ten dollars.
(8) Ail services over two inches in size shall be
installed for such charges as shall be
determined at the time of application.
For a meter ~erving one unit or eerving more than
one unit the connection fee shall be:
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Type
Single family~
duplexes,
townhcuses, and
individual mobile
homes.
condomini~m~
a. Mobile home park
(multiple)
Mobile home park
(individual)
Hotel, motel, and travel
trailer camp
Hospital
Nursing homes and
residential
institutional users
Homes for adults az
defined in Section
63.1-172 of the
Code of Virginia, boarding
houses and rooming houses
Commercial, business,
office, industrial
and public buildings
Per Unit
each
each
each
each
each
each bed
each bed
each
Basic meter
charge (~ess
developer credit
when applicable
charge plus
$200.00
Basic meter
charge plus
$200.00
Basic meter
charge
Basic meter
charge plus
SlOG.GO
charge plus
$200.00
charge plus
$150.00
Basic meter
charge or
$50.00 per
bed, whichever
is greater
Pee is based on
meter size (See
Table A)
86-427
TABLE A
Commercialr Businessf off,er
Indus~";~ and Pubic Bu~ZdnSe
Water Meter Size
Connec~on Fee
5/8" $ ~,000
1" 1,870
1½" 3,500
2" 4,750
3" 9,000
Applicant pays cost of in~33/ng meter
4" 15,500
App~cant psys cost of installing meter
6" 31,250
App~cant pays cost of instaUing meter
8" 56,250
Appl~ant pays eo~ of in~ta~iug mete~
Above 8"
To be nego~ated at the
~%me of app~cat~n based
upon pro~ctsdnsage
The meter size shs31 be approved by the
u~s department as adequate to s~ve
the prc0ected usage.
20-1.23 Additional water connections.
(a)
Any person may apply for and obtain an additional meter
for outside water consumption upon advance payment of
the applicable connection fee set forth in subsection
(c) of this section.
(b)
The water received through any such additional meter
shall not be used for residential household, commercisl
or industrial purposes or discharged in any manner into
the sanitary sewer system, nor shall any connection be
made between an additional meter and any other water
~y~tem.
(c)
The connection fee for an additional meter shall be the
applicable co~unereial connection fee for the size meter
installed.
20-1.24 Use of wells after connection to the county water
No consumer using county water shall therea£ter ~evert to
the use of a well for residential household, commercial or
industrial purposes; provided, however, that such consumer
may use a well for watering lawns and gardens~ washing motor
vehicles, filling peele and other similar uses sc long a~
the water does not ultimately enter ~he county sewer system.
~or shall there be any physical connections between the two
systems.
20-1.25 Water rates.
In all eases not covered by contract made by the Board of
Supervisors prior to July 1, 1977 the consumer shall pay a
minimum monthly service charge based on th~ meter size
serving the premises and a monthly volume charge for
consumption of water in accordance with the following
schedule:
(a) Minimu~ service charge per premise:
86-428
Water Meter Size
(~nches) Monthly Amount
Effective Effective
Existinq 7/1/86 7/1/87
5/8 or 3/4 $ 4.80 $ 5.15 $ 5.50
1 9.00 9.65 10.35
1 1/4 13.20 14.10 15.10
1 1/2 16.80 18.00 19.30
2 22.80 24.40 26.10
3 44.40 47.50 50.80
4 74.40 79.60 85.15
6 150.00 160.50 171.75
8 270.00 288.90 309.10
10 420.00 449.40 480.85
12 600.00 642.00 686.95
(~) Volume oharqe:
Effective Effective
Existing 7/1/86 7/1/87
(/100 cu.ft.I (/100 cu.ft.) (/100 cu.ft.1
First 400 cu.ft, no eharqe
Next 39,600 cu.ft. 84¢
Next 500~000 cu.ft. 70e
All in excess of 65¢
540,000 cu.ft.
{c) Multiple unit resldenoe charqe.
charge shall be applicable
no charg~ no charqe
90¢ 96¢
75¢ 80¢
70¢ 75¢
The minimum monthly
to all apartmenta,
condominiums, duplexes, mobile homes and other premises
where one service connection serves mor~ than one
living unit, The service charge shall be the service
charge for a five-eiqhths-inch or three-quarter-inch
meter plus four dollars and eighty cents per living
unit for each unit in excess of one; plus five dollars
and fifteen cents, effective 7/1/$6; and plus five
dollars and fifty cents, effective 7/1/87. The ~uount
of water included in the service charge shall be
determined by multiplying the total number of living
units by four hundred cubic feet. The volume charge
shall be the sa~e as for all other classes of customers
for all water in excess of the product of the total
number of units times fOu~ hundred cubic feet.
20-1.26 Water line extensions.
No extension of the county's water system shall ha permitted
unless approved by the county subject to reasonable terms
and conditions imposed by the county. Any such extension
shall ba at the expense of the developer or the owners of
the parcels to be served, provided that such developer or
owners may be eligible for refunds for all or a portion of
the cost of certain extensions or oversizing in accordance
with this article.
(a) The county shall determine the feasibility of all
~equests for water extensions, and no extension shall
he permitted unless such extension is determined to be
in the best interest of the county utility system and
the health, safety and welfare of county residents.
(b) Ne water lina extensions or installations shall be made
until the developer has entered into a contract with
the county. Every such contract shall provide that the
developer shall deposit the estimated cost of such
e×tension with the county er supply the county with a
copy of an acceptable executed contract with an
approved, licensed utility contractor and shall convey
all rights-of-way to the ceunty necessary to serve the
developed property. The county shall approve the size,
86-429
typo, location and material of all water mains, service
lines including corporation stops, meter yokes,
fittings and service pipes and other facilities; and
they shall be installed in accordance with county
standards and specifications. All contractors
installing such facilities shall be approved by the
county. If private contractors install such
facilities, the cost of such installation shall, within
thirty days of completion, be filed with the county.
(c) The entire cost of extending water mains, including the
actual cost incurred and paid out by the county, plus a
fixed overhead charge of twenty percent shall be paid
for by the person or persons making the extension when
work is performed by county forcos. Whon contract work
is performed by an approved contractor, an inspection
fee of three percent shall be charged based on final
actual cost.
20-1.27 Refunds for oversizing and off-site extensions.
(a) The county shall refund from connection fees collected
from the area being developed, all additional costs
resulting from the oversizing of lines. The amount to
be refunded shall be the difference in cost between
(1) the size water line which is neodod tO serve the
area being developed or a line eight inches in
diameter, whichever is larger and (2) the size water
llne actually installed. The di£feronce in cost shall
be the difference in material and labor costs, as
determined in accordance with this section. The county
will only refund the difference in material costs for
on-site oversizing of water lines when the project is
priced by using the annual set price reimbursement
schedule. The developer shall receive 75% of each
connection fee collected until the eligible cost of
oversising is refunded or no additional connections
exist. The county at its sole option may permit cash
refunds in addition to or in lieu of connection fee
refunds for oversizing provided that the utilify
department determines that the oversizing is necessary
for the orderly expansion of the water systom and that
the project is not economically feasible without the
uso of a cash refund.
(b) The county shall refund from connection fees collocted
from the aroa boing developed, all construction costs
of off-site extensions roquired to serve the property
provided that the first 200 feet of extension shall not
be eligible for refunding and provided further that the
remaining offslt~ costs shall be refunded after all
oversising bas been refunded in accordance with the
following schedule:
100% of the off-site construction costs at the
rate of 75% of each connection fee collected
for the first 1000 feet of off-site extension
after the exempt 200 feet of off-site
extension; thereafter,
50% of the off-site construction costs at the
rate of 50% of each connection fee collected
for any off-site extension beyond 1200 feet.
(o} The total amount eligible to be refunded shall he
computed by the utilities department based on an annual
sot price reimbursement schednle for labor costs and a
semi-annual set price rolmbursement schedule for
maferial costs developed in accordance with procedures
adoptad by the utilities department. As an
alternative, the person eligible for refunds may, upon
written notice to the county, choose to publicly
86-430
advertise the work for a sealed bid opening at a
particular date and time. If such a bid process is
chosen, bide shall be opened at the developer's
engineer's office. The engineer shall supply the
county with a certified bid tabulation and the
potential refund shall be calculated by using the bid
most advantageous to the county. The developer is
obligated to use the lowest responsible bidder to
complete the work in order to receive refunds. Prior
to receiving any refunds, the engineer must certify
that all applicable bid procedures have been followed
and that the Iow bidder has been paid the actual
construction cost based on the bid. Each bidder must
sign an affidavit as a condition of bidding that hi~
bid was independently arrived at without collusion or
communication with other contractors or developers and
that he stands ready and willing to perform the work at
the bid prise. The utilities department may adopt
rules and regulations further governing bid procedures.
(d) When a refund is requested for an off-site extension,
the developer shall furnish a plat of the tract of
land to be developed showing boundaries, title to the
property and any other information required by the
county. The area within which connection fees may be
allocated for refunds must be contiguous to the water
line extension and reaeonably related to the proposed
development o~ the area. In addition, the utilities
department must approve the area to be covered in the
refund at the time the contract is executed. In no
case will the amount cf reimbursement exceed the
construction cost of an extension or oversizing.
(e) Refunds made pursuant to this section shall be made
using the following priority system until completed:
(1) Cost of water extensions to serve adjoining
property;
(2) Oversizing costs; and
(3) Off-site costs.
(f) Development which has received tentative approval or
site plan approval by March 30, 1986 shall be eligible
for refunds under the terms and conditions of the
existing ordinance provided a contract for the
extension i~ executed by September 30, 1986, and
construction is completed by September 30, 1987.
20-1.28 Required installations of water mains.
(a) In new subdivisions, the developer shall install all
water service laterals in a subdivision at the time
water mains are installed within the development and
the developer shall furnish all material, equipment and
labor for the installation of the service laterals,
including corporation stops, service pipes, meter
yokes, meter boxes, couplings and any other
supplemental materials necessary to meet county
speelficaticns. The developer shall install service
laterals for all lots On both ~ide~ of the street
within the development. The developer, their
successors and assigns shall be responsible for the
~ervice connection until such tim~ as the meter is
installed by the county.
(b) In new subdivisions, the developer shall hsv~ the water
lines, service lines, yokes and meter boxes installed
in all new subdivision roads after the road is
constructed to sub-grade and prior to the base course
(stone) being placed. When deemed necessary by the
county, sewers shall be installed prior to the
installation of water mains and service lines.
86-431
(c) When conditions of subsections (a) and (h) of Section
20-29 have been met the developer will be allowed a
total oonnection fee reduction of three hundred dollars
($300.00) effechive July I, 1986 and a total connection
fee reduction of two hundred ($200.00) effective July
1, 1987, for service connection made within the
residential development. The reductions for each
service connection shall be allowed when application is
made for service. The reduction shall apply to any
person making application to connect property located
within the boundaries of such property covered by the
extension contract.
20-1.29 Connections to the water system.
A separate service shall be required for each house, each
towmhouse, each unit of duplex homes or separate business
establishment. Where the utilities department has approved
one meter to serve a trailer court, apartment or other
property, the utilities department shall require a minimum
water service charge for each unit served on such property.
No more than one dwelling unit Or business establishment may
be connected to a servioe line except those approved by the
utilities department upon written application and compliance
with any reasonable conditions imposed by the utilities
department. The utilities department shall permit
reductions in the number of connections when the number of
units or establishments cannot be determined at the time of
application for water service or where the applicant
requests a reduced number of connections and there is no
basis for denying such reductions.
20-1.30 Require~ use of county water system.
Any individual structure for which a building permit is
obtained after the effective date of this ordinance, and
which is within 500 feet of a water line shall connect to
the county water system. If a county water line is within
or adjacent to property served by the owner or developer,
any structure on such parcel shall connect to the county
water system regardless of the distance from the structure
to the water line. This section shall not apply if a valid
septic tank permit was obtained prior to April 1, 1986
20-1.31 Extensions to serv~ developed areas.
(a) Ail extensions of water lines to serve developed areas
shall be paid for by those persons desiring such
extension, unless (1) such extension project has been
formally added as a part of the utility capital
improvement program by the Board of Supervisors or (2)
the Board of Supervisors approves an extension after
70% of the homeowners in an existing subdivision sign
oontraots ho connect to the extended water lines
serving their subdivision. Prior to approval of any
such project, the health department must certify that a
significant portion of the homes have failing well
systems and that it is economically impractical to
repair existing well systems.
(b) If the total project cost of an extension to a
developed area is fully paid for by the consumers
served by such extension, each connection fee for such
participating consumers who hook up to the county water
system within 30 days of availability shall be reduced
by up to 90%, provided that the cumulative reduction in
connection fees shall net exceed the construction costs
of the extension. If the cumulative reduotion in
connection fees exceeds the construction cost of the
extension, the amount of each connection fee reduction
available to each participating consumer shall be
reduced by an equal amount until the c~mulative
86-432
reduction in connection fees is equal to or less than
the construction costs of the extension.
(c) In those limited circumstances where the extension of a
water line using county funds will promote the economic
development of the county and where it is not practical
for the properties to be served to fund all or a
portion of such extension costs~ the county may agree
to fund such extensions upon terms and conditions
imposed by the county. Such extension should be
calculated to result in tangible and definable economic
development within the county and may not be nsed for
extensions to serve new residential growth or
commercial growth that is likely to occur in the
absence of county funding. Any such extensions for
economic development must be added as a project to the
Utilities Capital Improvement Program.
20-1.32 Creation of special tax or assessment water
district.
Notwithstanding any other provision of this ordinance, the
Beard of Supervisors may, pursuant to Section 15.1-239 et
seq. of the Code of Virginia, 1950, as amended, wholly or
partially fund the cost of extension o£ the county's water
system or other costs eligible for such funding through the
creation of a special tax or assessment water district.
Article ~IB
20-1.33 Application for connection with sewerage
facilities.
Any person who desires to connect the sewerage facilities of
any structure to the county sewer system must apply to the
utilities department in accordance with department
regulations and obtain approval prior to commencing any
work.
20-1.34 Sewer connections--Ownership: responsibility.
The ownership of connec=ions between premises and main
sewers, including those portions located within the
rights-of-way of public or private streets and easements,
shall be vested in the owners of such premises. The county
shall not he responsible for the operation and maintenance
of such connections.
20-1.35 Required use of county sewer system.
Any individual str~cture for which a building permit has
been obtained after the effective date of this ordinance and
which is within 500 feet of gravity sewer service shall
connect to the county sewer system. If county gravity sewer
service is within or adjacent to property to be served by
the owner or developer, any structure on such parcel shall
connect to county sewer regardless of the distance from the
Structure to the sewer line. This section shall not apply if
a valid septic tank permit was obtained prior to April 1,
1986.
20-1.36 Connections with the sewer system; exceptions.
(a) Except as otherwise provided in this chapter, every
building in which plumbing fixtures are installed shall
have a connection to a county sewer system; and the
toilet and sink plumbing fixtures of such building
shall be cQnnected with the county sewage disposal
system and, when available, the county water
distribution system.
(b) Except as provided in subsection {d) of this section,
the plumbing, drainage and ventilation of every
86-433
building or lot shall be separate and independent of
that of every other building or lot and shall be
separately and independently connected with the county
sewer system~ and, in a townh0use, condominium, or
cooperative development providing separate exterior
entrances for each dwelling unit, each townhouse,
condominium or cooperative unit shall be deemed a
separate building. Every building containing
apartments, condominiums or cooperative units without
separate exterior entrances, each unit in a horizontal
duplex, apartment house, hotel, church, theatre,
industrial plant or garage shall be considered a single
building. Upon written application the utilities
department shall approve the connection of more than
one commercial, business or office establishment to a
single sewer line conditioned upon compliance with any
reasonable conditions. The utilities department shall
permit rsduction~ in the n%t~ber of oonnection~ when the
number of units or establishments cannot be determined
at the time of application for sewer service or where
the applicant request~ a reduced number of connections
and there is no engineering basis for denying such
reduction.
(e) Prior to the construction of condominium or cooperative
multi-family dwelling units or conversion of any
building to condominium or cooperative ownership units
in which more than one dwelling unit will be served by
a single connection to the county sewer system, the
developer of such building shall provide written notice
to purchasers of such dwelling units that the building
is served by a single connection to the county sewer
system and that an association or other appropriate
entity will be responsible for maintenance of ~uch
private sewer line in connection to the county sewer
system. In addition, the developer ~hall provide
notice to the utilities department identifying the
entity responsible for the maintenance 0£ such private
line or connection and the payment of the sewer bill.
(d) The plumbing, drainage and ventilation facilities of
separate buildings On One or more contiguous parcels of
land in single ownership used as apartments,
condominiums or cooperatives, hotels, churches or
hospitals, or other similar purposes, industrial plants
or garages may be connected with private sewer systems;
provided that such systems are designed and constructed
in accordance with the standard specifications for such
systems and the plans and specifications therefore are
approved by the county prior to construction; provided
further that each such system is connected to the
county sewer system.
20-1.37 Infiltration into sewer system.
(a) No person shall permit infiltration into the county
sewer system or connect to the county sewer system so
as to cause infiltration into the system.
(b) Upon written notification by the county to the consumer
by certified mail that the county sewer system is
subject to infiltration because of deficiencies located
On private property or within the control of th~
consumer, each consumer shall within 60 days of
notification eliminate ~ueh infiltration by replacing
or repairing the fixtures or facilities located On the
consumer's property.
20-1.38 Substance net to be deposited i.n sanitary ~ew~r
system.
It shall be unlawful for any person to cause or permit to be
86-434
discharged or deposited any of the following into any s~wer
forming a part of the county sanitary sewer system:
(a) Any waste, liquid, or vapor having a temperature higher
than 150 degrees Fahrenheit or that will increase the
temperature of the treatment plan influent to greater
than 104 degrees Fahrenheit.
(b) Any water or waste containing more than 100 parts per
million of fat, oil, or grease, exclusive of soap.
(c) Any gasoline, benzene, naphtha or other hydrocarbon
solvents or oils, Or other £1ammable or sxpleslve
liquids, solids or gases.
(d) Any solid waste in excess of concentrations present in
normal domestic sewage that has not been properly
shredded, except where authorized under Article III.
(e) Any ashes, cinders, sand, mud, straw, shavings, lint,
glass, rags, metals, feathers, tar, plastics, wood,
paunch man~re, insulation materials, fibers of any
kind, stock or poultry feeds, proce~sinq grains,
viscera or other fleshy particles from processing or
packing plants, or any other solid or viscous substance
in excess of concentration present in normal domestic
sewage capable of causing obstruction to flow in sewers
or interference with proper operation of waete
treatment facilities.
(f) Any waters or wastes having a stabilized p~ lower than
6.0 or higher than 9.0 or having properties capable of
either causing damage to structures and equipment of
the sanitary sewer system or sewage treatment plants or
creating a hazard to personnel engaged in operation and
maintenance of such facilities.
(g) Any waters Or wastes having objectionable color which
is not removable by the existing waste treatment plant
(h) Any waters or wastes containing contaminants cf such
character or in such quantity as will not bs amenable
to the waste treatment processes, or will injure or
interfere with the waste treatment processes, or will
constitute a hazard to hUmans or animals, or will
create a hazard in the stream or watercourse receiving
the effluent from the waste treatment plant.
(i) Any noxious or malodorous gas, or any substance which,
when introduced into a reducing environment, could
cause the evolution of a noxious or malodorous gas.
(j! Any storm water, surface water, ground water, roof
runoff, subsurface drainage, uncontaminated cooling
water, or unpolluted industrial process waters.
(k) Any radioactive isotope in concentration greater than
that permitted by applicable federal regulations.
(1) Any ceramic glazing waste in excess of concentrations
(m) Any lime, calcium sulphate or other similar sludges in
excess of concentrations present in normal domestic
(n) Any waters or wastes containing suspended solids or
solutions of such character or quantity that unusual
attention er expense would be required in the handling
of such waste materials at the waste treatment plant.
86-435
(o) Any other waters or wastes, the discharge of which
violate EPA-promulgated pretreatment standards or
regulations, when such standards or regulations are
more stringent than the reqllirements of this section.
20-1.39 Use of pum~ stations to access the sewer system.
All parcels connecting to the county sewer system shall
acees~ the system by a gravity sewer line unless use of
forced, lifted or pressured sewage is the only practical
method to serve the property. The Board of Supervisors must
approve all pump stations, after finding that:
(a) It is economically impractical to extend 'the gravity
sewer line and the use of a pump station will not
adversely affect the county's ability to serve the area
with a gravity sewer line at a future time; and
(b) The proposed design and plan for the pump station and
connecting lines do not adversely affect the current
financial status of the county utility system or the
future ability of the county to install a gravity
sewer; and
(c) The proposed design of the pump station permits
replacement of the pump station with a gravity sewer
without significant capital outlay at a future time;
and
(d) The pump station will not overload the existing sewage
facilities and will not otherwise negatively affect the
county's ability to efficiently manage the sewer
system.
20-1.40 Sewer connection charges.
Connection charges for sewer treatment in county shall
be as follows:
(a) Single-family -
(1) Ex/sting residence, already having a septic tank
system when application is made within time allotted by
county after notice that sewer service is available,
two thousand five hundred dollars effective July 1,
1985; two thousand seven hundred and fifty dollars
effective July 1, t986; and three thousand dollars
effective July 1, 1987.
(2) New residence whose service is connected to sewer
installed by the developer, two thousand one hundred
dollars effective July 1, 1985; two thousand three
hundred dollars effective July 1, 1986; and two
thousand five hundred dollars effective July 1, 1987.
(3) Existing residence when application is not made
within the time allotted in (a) (1) above and new
residence who~e service is connected to sewer not
installed by the developer of the lot, three thousand
dellars effective July 1, 1985; three thousand three
hundred dollars effective July 1, 1986; and three
thousand six hundred dollars effective July 1, 1987.
(4) For any residential dwelling or lot where sewer is
available but no lateral has been constructed to serve
a property, the connection fee will be reduced by
$800.00 from the fee shown in (3) above. The
responsibility to construct a lateral will be that eS
the user.
86-436
(b) Duplexes - Same as single-family residence for each
unit in the dnplex.
(e) Mobile Homes not located in a mobile homo Dark or
subdivision - Same as ~ingte-~amiiy res~xdence.
(d) Churches - Samo as single-f~nily residence. When
churchos are used for schools, kindorgartens, etc.
changes shall be based on equivalent single-family
units.
(o) ~partmentsf condominiulas and townheuses~ mobilo home
(f)
parks and subdivi~ion~ - Sa~e as single-family
rosidenco per unit.
Travel trailer ~amp~ ho%elsf motels - Sovon hundrod
dollars per unit effective July 1, 1985; seven hundred
and ~eventy dollars per unit offective July 1, 1986;
and eight hundrod and ~irty dollars per unit effective
July I, 1987.
Commercial, business, of~ico~ industrial and public
buildings - The sewor connection fee is basod on the
sizo water meter requirod. Muter sizo shall be
approved by utilities department a~ adoquate to serve
projectod usage. The fee ~chedula is sat forth below:
Water Meter ~ ffective E~fectivs H ffec~ve Effective
~ize (Inches) 8-1-84 7-I-S5 7-1-86 7-1-87
5/8 $ 1,800 $ 2,100 $ 2,300 $ 2,500
1 3,000 3,500 3,840 4,120
1 1/2 6,000 7,000 7,650 8,350
2 12,000 14,000 15,300 16,200
3 24,000 28,000 30,600 33,400
4 50,000 58~350 63,900 69,500
6 110,000 t28,370 140,600 152,800
8 275,000 320,900 351,500 382,500
Above 8 -
projected
(h)
To be negotiatod at time of application based upon
~0s~itals~ nursin~ homes or homes for adults -
(1) Hospitals - effective July 1, 1985 one thousand
one hundrod and twenty dollars per bed; effectivo July
1, 1986 one thousand two hundred and thirty dollars per
bed; and effective July 1, 1987, one thousand three
hundrod and thirty dollars per bed.
(2) Nursing Homes - effective July 1, t985 seven
hundred dollars per bed; effective July 1, 1986 seven
hundred and seventy dollars per bed; and effoctivo Jul,
1, 1987 eight hundred and thirty dollars per bed.
(3) Homes for adults - as defined in Section 63.1-172
of the ~_ode of virginia, 1950, as amended, boarding
houses and rooming houses, effective July 1, 1985 three
hundred and fifty dollars per bed; effective July 1,
1986 three hundred and eighty five dollar~ par bad; and
effective July 1, 1987 four hundred and fifteen dollars
per bed.
(i) Construction of a lateral to serve any
establishment or property ether than residential as
listed in item (a) shall be the responsibility of the
86-437
20-1.41
(a)
Sewer rates. Ail consumers shall be required to pay a
monthly user charge comprised of a meter size minimum
service charge and a volume charge in accordance with
the following schedule:
Service charge per~remise (minimum charge):
Water Meter Monfhly
Size (Inches) Amounf
Effective Effective
Exietin~ 7/1/86 7/1/87
5/8 or 3/4 $ 8.00 $ 6.40 $ 6.85
1 13.20 14.10 15.10
1-1/4 20.40 21.85 23.40
1-1/2 26.40 28,25 30.25
2 36.00 38.50 41.20
3 78.00 83.50 S9.35
4 120.00 128.40 137.40
6 240.00 256.80 274.80
8 450.00 481.50 515.20
10 600.00 642.00 686.95
12 780.00 834.60 893.00
(b) Volume charge as measured by water meter:
Existinq
Each consumer ......... $ 0.68 per 100 cu. ft.
Effective 7/1/86
Each consu~er ......... $ 0.73 per 100 cu. ft.
Effective 7/1/87
Each consumer ......... $ 0.78 per 100 cu. ft.
(c) Where residential premises are connected to the county
sewer system but not the county wafer system, the
service charge shall be $12.00 per month; $12.85 per
month, effective 7/1/86; and $13.75 per month,
effecfive 7/1/87. For all other users, the consumer
will be required to install a private meter at his
expense and the service charge will be based on the
meter reading or at the sole discretion of the
utilities department, a monthly service charge will be
set. The location, size and manufacturer of the meter
shall be as approved by the utilities department.
(d) Where a connection fee has ~een paid for a residential
unit but sewer has not been connected, t/ne consumer
shall pay $6.00 per month; $6.40 per month, effective
7/1/86; and $6.85 per month, effective 7/1/87.
(e) The multiple-unit residence charge shall be applicable
to all apartments, condominiurns, duplexes, mobile homes
and other premises wherein more than one living unit is
served by one service connection. The service charge
will be the service charge for a 5/8 inch or 3/4 inch
meter plus $6.00 per living unit for each unit in
excess of one in addition to the applicable volum~
charge; plus a total of $6.40 per livinq unit effective
7/1/86; and plu~ a total of $6.85 per living unit
effective 7/1/87.
{f) W/here applicable, consumers of the sewe~ system shall,
in addition to the monthly user charqe, pay a surchargd
to cover the cost of treating excessive strength waste
or pollutants as provided in Article III of this
chapter.
86-438
(g} The consumer shall be liable for the payment of all
charges made for service rendered until such consumer
makes application for discontinuance of service to the
utilities department.
Sewer line extensions.
No extension of the county's sewer system shall be permitted
unless approved by the county subject to reasonable terms
and conditions imposed by the county. Any such extension
shall be at the expense of the developer or the owners of
the parcels to be served, provided that such developer or
owners may be eligible for refunds for all Or a portion of
the cost of certain extensions or oversizing in accordance
with this article.
(a) The county shall determine the feasibility of all
requests for Sewer extensions, and no extension shall
be permitted unless such extension is determined to be
in the best interest of the county utility system and
the health, safety and welfare of county residents.
(b) No sewer line extensions or installations shall be made
until the developer has entered i~tc a contract with
the county. Every such contract shall provide that the
developer shall deposit the estimated cost of such
extension with the county or supply the county with a
copy of an acceptable executed contract with an
approved Licensed Contractor, with specialization and
experience in public water and sewer facilities, and
shall convey all rights-of-way to the county necessary
to Serve the developed property. The county shall
approve the size, type, location and material of all
sewer mains and service lines, including ilttlngs and
service pipes, and other facilities: and they shall be
installed in aesordance with county standards and
specifications. All contractors installing such
facilities shall be approved by the county. If private
contractors install such facilities, the cost of such
installation shall, within thirty days cf completion,
be filed with the county.
(c) The entire cost of extending sewer mains, including the
actual cost incurred and paid out by the county, plus a
fixed overhead charge of twenty percent shall be paid
for by ths person requesting an extension when work is
performed by county forces. When contract work is
performed by an approved contractor, an inspection fee
of three percent shall be charged based on f~nal actual
Refunds for oversizing and off-site extensions.
20-1.42
20-1.43
(a)
The county shall refund from connection fees collected
from the area being developed and other contiguous
areas approved for refunds in accordance with this
section all additional costs resulting from the
oversizlng of lines. The amount to be refunded shall
be the difference in cost between (1) s~ze sewer line
which is needed to serve the area being developed or a
line eight inches in diameter, whichever is larger, and
(2) the size sewer line actually installed. The
difference in cost shall be the difference in material
and labor costs, as determined in accordance with this
section. The county will only refund the difference iE
material costs for on-cite cversizinq of sewer lines
when the project is priced by using the annual set
price reimbursement schedule. The developer shall
receive 75% of each connection fee collected until the
eligible cost of oversizfng is refunded or no
additional connections exist. The county at its sole
86-439
option may permit cash refunds in addition to ox in
lieu of connection fee refunds for oversizing provided
that the utility department determines that the
oversizing is necessary for the orderly expansion of
the sewer system and that the project is not
economically feasible without the use of a cash refund.
(b) The county shall refund from connection fees collected
from the area being developed all construction costs of
off-site extensions required to serve the property
provided that the first 200 feet of extension shall not
be eligible for refunding and provided further that the
remaining offsite costs shall be refunded after all
overaizinq has been refunded, in accordance with the
following schedule:
100% of the off-site construction costs at the
rate of 50% of each connection fee collected
for the first 1000 feet of off-site extension
after the exempt 200 feet of off-mite
extension; thereafter,
50% of the off-site construction costs at the
rate of 50% of each connection fee collected
for any off-site extension beyond 1200 feet.
(c) The total amount eligible to be refunded shall be
computed by the utilitiee department based on an annual
set price reimbursement schedule for labor costs and a
~emi-annual set price reimbursement schedule for
material costs developed in accordance with procedures
adopted by the utilities department. As an
alternative, the person eligible for refnnds may, upon
written notice to the county, choose to publicly
advertise.the work for a sealed bid opening at a
particular date and time. If such a bid process is
chosen, bids shall be opened at the developer's
engineer's office. The engineer shall supply the
county with a certified bid tabulation and the
potential refund shall be calculated by using the bid
most advantageous to the county. The developer is
obligated to use the lowest responsible bidder to
complete the work in order to receive refunds. Prior
to receiving any refunds, the engineer must certify
that all applicable bid procedures have been followed
and that the low bidder has been paid the actual
construction cost based on the bid. Each bidder must
sign an affidavit as a condition of biddinq that his
bid wa~ independently arrived at without c~ltusion or
co~unioation with other contractors or developers and
that he stands ready and willing to perform the work at
the bid price. The utilities department may adopt
rules and regulations further governing bid procedures.
(d) When a refund is requested for an off-site extension~
the developer ~hall furnish a plat of the tract of land
to be developed showing boundaries, title to the
property and such other information required by the
county. The area within which connection fees may be
allocated for refunds must be contiguous to the sewer
line extension and reasonably related to the proposed
development of the area. In addition, the utilities
department must approve the area to be covered in the
refund at the time the contract is executed. In no
case will the amount of reimbursement exceed the
construction cost of an extension or oversizing.
(e) Refunds made pursuant to this section shall be made
using the following priority system until completed:
(1) Cost of sewer extensions to serve adjoining
property;
86-440
(2) 0versizing costs; and
(3) Off-site costs.
(f) Development which has received tentative approval or
site plan approval by March 30 1986 shall be eligible
for refunds under the terms and 0onditions of the
existing ordinance provided a contract for the
extension is executed by September 30, 1986, and
construction is completed by septembsr 30, 1987.
Extensions to serve developed areas.
All extensions of county sewer lines to serve devclopc~
areas shall be paid for by those persons desiring such
extension, unless (1) such extension project has been
formally added as a part of the utility capital
improvement progra~ or (2) the Board of Supervisors
approves an extension after 70% of the homeowners in aI
existing subdivision sign contracts to connect to the
extended sewer lines serving their subdivision. Prior
to approval of any euch project, the county health
depart_ment must certify that a significant portion of
the homes have failing septic systems and that it is
economically impractical to repair existing septic
systems.
(b) If the total project cost of an extension to a
developed area is fully paid for by the consumers
served by such extension, each connection fee for such
participating consumers who hook up to the county sewe~
system within 30 days of availability shall he reduced
by up to 90%, provided that the cumulative reduction ii
connection fees shall not exceed the construction cost~
.of the extension. If the cumulative reduction in
connection feem exceeds the construction cost of the
extension, the amount of each connection fee reduction
available to each participating consumer shall be
reduced by an equal amount until the cumulative
reduction in connection fees is equal to or less than
the construction costs of the extension.
(c) In those limited circtu~stances where th~ extension of s
sewer llne using county funds will promote thc economic
development of the county and where it is not practical
for the properties to be served to fund all or a
portion of such extension costs, the county may agree
to fund such extensions upon terms and conditions
imposed by the county. Such extension should be
calculated to result in tangible and definable economic
development within the county and may not be used for
extensions to serve new residential growth or
commercial growth that is likely to OCCUr in the
absence of county funding. Any such extensions for
economic development must be added as a project to the
Utilities Capital Improvement Program.
Creation of Subdivision and Development Sewer
Districts.
Notwithstanding any other provision of this ordinance, the
Board oi Supervisors may pursuant to Section 15.1-239 or to
Section 15.1-466(j) of the Code of Virginia, 1950, as
amended, wholly or partially fund the cost of extension of
the eounty~.s sower system or other costs eligible for such
funding through the creation of a subdivision and
development sewer district.
20-1.44
(a)
20-1.45
Ayes: Mr. Dodd, Mr. Daniel, Mr. Applegate and Mrs. Girone.
Nays: Mr. Mayas.
86-441
9.C. ADOPTION OF TEE WATER SYSTEM MASTER PLAN
Mr. Welchous stated adoption of the Water Sewer Master Plan had
been deferred from the Board's May 28, 1986, meeting. Be briefly
outlined the Plan as prepared by Malcolm Pirnie, Inc.
On motion of Mrs. Girone, seconded by Mr. Applegate, the Board
adopted the Water System Master Plan. (A copy of said Plan is
filed with the papers of thim Board).
10. PUBLIC ~EARINGS
i0.A. PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING TO PLAN
REVIEW FEES
Mr. Hammer stated this date and time had besn advertised for a
public hearing to con~fder amending Section 7,2-9 of the County
Code relating to Erosion and Sediment Control Fees.
Mr. Lane Ram~ey ~tated that during the budget process ~taff had
determined the necessity for increasing the erosion control
review fee from $50.00 for commercial and from $100.00 for
subdivision to $300.00 for both. Ee stated this increase will
cover about 60% of the cost of providing the services if each
plan review fee were increased.
NO one came forward to address the matter.
Mrs. Girone stated this item was included in last year's budget
but was not dealt with and that it is factored into this year's
budget.
Mr. Daniel stated the item is in this year's budget and the
revenues are projected. Be stated if it were not passed a
corresponding paper that reduces the budget by said amount shoulf
be prepared.
On motion of the Board, the following Ordinance was adopted:
AN ORDINANCE TO AMEND TB~ COD= Or THE COUNTY
OF CHESTERFIELDt 1978t AS AMENDED~ BY ~4ENDING
SECTION 7.2-9 R~LATING TO EROSION AND SEDIMENT CONTROL FB~S
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That ~7.2-9 of the Code of the County of Chesterfield,
Virginia i~ amended and reenacted as follows:
sec. 7.2-9 Fees.
A plan review fee of three hundred dollars ($300.00) shall
be paid to the county at the time of filing of each erosion and
sedimant control plan for review.
Vote: Unanimous
iO.B. PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING
TO BINGO GAMES AND RAFFLES
Mr. Hammer stated this date and time had been advertised fox a
public hearing to consider an Ordinance to amend the County Code
by ~mending and reenacting Chapter 4, Article IV, relating to
bingo games and raffles.
86-442
Mr. Micas stated the items in the revised Ordinance do a number
of things to bring the County Code into compliance with State
law. Ne stated the proposal eliminates, in certain instances,
the requirement that the organization be in existence for two
years, allows two organizations to jointly operate bingo games,
and standardizes most of the audit procedures that are involved
in auditing the bingo games.
No one came forward to address the matter.
On motion of Mr. Mayes, seconded by Mr. Applegate, the Board
adopted the following Ordinance:
AN ORDINANCE TO AMEND THE CODE OF TNB COUNTY OF
CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND P~ENACTING
CHAPTER 4, ARTICLE IV RELATING TO BINGO GAMES AND RAFPLES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 4 of the Code of the County of Chester-
field, Virginia is amended and reenacted by adding or amending
the following sections:
Sec. 4-26.1 Definitions.
For the purpose of this article, the following words shall
have the following meanings:
(a) "Bingo" means a specific game of chance played with
individual cards having randomly numbered squares ranging from
one to seventy-five, in which prises are awarded on the basis of
designated numbers on such cards conforming to a predetermined
pattern of numbers selected at random. Such cards shall have
~ive vertfoal rows headed respectively by the letters B.I.N.G.O.
with each row having five randomly numbered squares.
(b) "Raffle" means a lottery in which the prize is won by
random drawing of the name or prearranged number of one or more
persons purchasing ohances.
(c) "InStant bingo" means a specific game of chance played
by the random selection of one or more individually prepacked
cards, with winners being determined by the preprinted appearanc~
of the letters B.I.N.G.0. in any prescribed order cn the reverse
side of such card.
(d) "Jackpot" means a bingo card played as a part cf a
bingo game defined in $4-26.1{a) in which all numbers on the card
are covered, each number being selected at randomw and with no
free or "wild" numbers.
Sec. 4-27. Who may conduct.
With th~ ~×ception of the following organizations, it shall
be unlawful for any organization or person to conduct, promote,
set up er manage a bingo game, including as a part of such bingo
galas the playing of "instant bingo" or "binge in any rotation",
or raffle within the county:
(a) A voluntary fire department, rescue squad or auxiliary
unit thereof, which is designated in section 16-1 as an integral
part of the offioial safety program of the county or is designat-
ed by resolution of the county as being a part of such safety
program; or
(b) An organization operated exclusively for religious,
charitable, community or educational purposes~ or
86-443
(c) An association of war veterans or auxiliary units
thereef organized in the United States or any of its possessions
on
{d) A fraternal association operating under the lodge
system.
In addition, any organization qualifying under (a) - (d)
above must also meet the following reguirements:
(e) The organization shall operate currently as a nonprofi
organization and shall always have been operated in the past as
nonprofit organization; and
(i) Except for recently established volunteer fire and
rescue companies or departments, such organization shall have
been in existence and met on a regular basis in the county for
period of at l~ast two years immediately prior to making
application for such permit. Kowever, this requirement shall not
apply to (i) any lodge or chapter of a national or international
fraternal order or a national or international civic organization
which is exempt under §501(c) (3) of the United States Internal
Revenue Code and which has a lodge or chapter holding a valid
bingo permit issued in accordance with state law anywhere within
the Commonwealth of Virginia or (ii) booster clubs which have
been operating for less than two years, and which have been
established solely to raise funds for school-sponsored activities
in public schools which are less than two years old.
{g) Any organization whose groSS receipts from all bingo
operations exceeded or can be expected to exceed seventy-five
thousand dollars in any calendar year shall have b~en previously
granted tax exempt status pursuant to section 501C of the United
States Internal Revenue Code.
o o o
Sec. 4-29. Issuance of permit.
o o o
(1) The organization meets the requirements of section 4-27
and
o o o
8ac. 4-30. Permit restrictions.
The operation and conduct of every bingo game or raffle
shall be subject to reasonable regulation hy the board of super-
visors to ensure the public safety and welfare in the operation
of the bingo game or raffle and shall b~ subject to the following
additional reztrictions:
o o o
(2) The gross receipts between October t and September
30 of the reporting year attributable to the playing of instant
bingo shall not exceed thirty-three and one-third percentum
(33 1/3%) of the gross receipts of the organization's bingo
operation during the same time period; and
ooo
(e) No pereon, except a bona fide member of any such
organization who shall have been a member of such organization
for at least ninety days prior to each participation, shall
participate in the management, Operation or conduct of any bingo
game or raffle. The spouse of any such bona fide member of a
fireflghter or rescue squad member employed by a political
subdivision with which the volunteer firefighter or rescue squad
86-444
member is associated ma~ participate in the operation and conduct
of a bingo game or raffle if a bona fide member is present.
ooo
(g) NO organization stall award any binge prize or any
merchandise valued in excess of the following amounts: (1) No
bingo door prize shall exceed twenty-five dollars; (2) no regular
bingo Or special bingo game shall exceed one hundred dollars; end
(3) no bingo jackpot, of any nature whatsoever, shall e~ceed one
thousand dollars, nor shall the total amount of bingo jackpot
prizes awarded in any one calendar day exceed one thousand
dollars ($1,000.00). NO organization shall award any raffle
prize or prizes valued at mor~ than one hundred thousand dollars
($100,000) during any calendar year; provided, however, that the
$100,000 limitation shall not apply to a raffle conducted no mcr(
than Once per calendar year by an organization qualified as a
tax-exempt Organization pursuant to ~501(c) (3) of the Internal
Revenue Code for a prize consisting of a lot improved by a
residential dwelling where 100% of the moneys received from such
a raffle, less deductions for the fair market value for the cost
of acquisition of the land and material, are donated to lawful
religious, charitable, co~uunit~, or educational organizations
specifically chartered or organized under the laws of the Common-
wealth and qualified as a ~501(c) (3) tax-exempt organization.
The award of any such prize money shall not be deemed to be a
part of any gaming contract within the purview of section 11-14
of the Code of Virginia, 1950, as amended.
ooo
(i) No person shall receive any remuneration for partic-
ipating in the management, operation or conduct of any such game
or raffle.
(j) Any bingo game in which all the gross receipts from
players for that game are paid as prize money back to the player~
shall not be subject to the limitations of section 4-30(g), but
there shall not be more than 1 such game per calendar day of play
and the prize money from any such game shall not exceed $1,000.
Sec. 4-30.1. Joint operation of binge games; restrictions;
special ~srmit required.
A. Two qualified organizations as defined in this article
may jointly organize and conduct bingo games provided both have
been issued a permit under the provisions of state and county law
and provided both fully comply with all other provisions of this
article.
B. Any two qualified organizations jointly conducting
bingo games shall be subject to the same restrictions and prohi-
bitions contained in this article that would apply to a single
Organization conducting bingo games. Organizations jointly
conducting bingo games shall not circumvent any restrictions and
prohibitions which would otherwise apply if a single organization
were conducting such games. Thes~ restrictions and prohibitions
shall include, but not be limited to, the freqUency with which
bingo games may be held, the value of merchandise or money
awarded as prizes, and all other practices prohibited under
~18.2-340.1 et seq. of the Code of Virginia.
C. Any two qualified organizations which wish to jointly
conduct one or more bingo games shall furnish the county a
written report setting forth the division of manpower, costs, and
proceeds for each game to be jointly conducted. Upon a finding
that the division of manpower and costs for each game bears a
reasonable relationship to the division of proceeds, the county
shall issue a special permit for the joint conduct of all ap-
proved bingo games. No bingo game may he jointly conducted until
this special permit is obtained by the organization involved for
that bingo game.
86-445
Sec. 4-31. Other prohibited practices.
(a) Except for reasonable and proper operating costs and
prizes, no part of the gross receipts derived by an organization
permitted to conduct bingo games or raffles may be used for any
purpose other than (i) thos~ lawful religious, charitable,
community or educational purposes for which the Organization is
specifically chartered or organized and (ii) expenses relating tc
the acquisition, construction, maintenance, or repair of any
interest in the real property involving the operation of the
organization and used for lawful religious, charitable, communit'
or educational purposes.
(b) No organization shall enter into a contract with or
otherwise employ for compensation any person for the purpose of
orqanizing, managing or conducting bingo games or raffles;
however, this shall not prohibit the joint operation of bingo
ga~es pursuant to ~4-30.1.
(d) NO building or other premises shall be utilized in
whole or in part for the purpose of conducting bingo games more
frequently than two calendar days in any one calendar week;
provided, that this subsection shall not apply to the playing of
bingo pursuant to a special permit issued in accordance with
section 4-30(a). No building or premises owned by an
organization which qualifies as a tax exempt organization
pursuant to section 501C of tho Internal Revenue Code shall be
utilized in whole or in part more frequently than four {4)
calendar days in any one calendar week.
ooo
Sec. 4-32. Records and reports of gross receipts and disburse-
(a) The organization shall keep complete records of all
bingo and raffle receipts and disbursements, which records shall
be filed annually under oath with the county internal audit
department on a form furnished by the department. Ail such
reports shall be submitted to the internal audit depar~ent not
later than the first day of November of each calendar year for
which a permit has been issued. Each report shall include a
record of the gross receipts and disbursements of an organlzatlor
for the year period which commenced on October 1 of the previous
year and ended on September 30 of the our~ent year. However, an~
organization whose gross receipts exceed fifty thousand dollars
during any calendar quarter shall file with the internal audit
department an additional report of its receipts and disbursements
during such quarter not later than sixty days following the last
day of such calendar quarter. The annual or quarterly financial
report and other items required to be filed pursuant to this
~ection shall be a matter of public record. "Gross receipts," as
used in this section, ~hall mean the total amount of money
received from bingo and instant bingo operations and raffles
before the deduction of expenses or prizes.
(d) Notwithstanding the provisions of this section
requiring an annual audit, the provisions Of this section shall
not be construed so as to prohibit the internal audit department
staff or its designated representative from performing
unannounced audits or restrict any right of any county official
to secure any records required to be maintained pursuant to this
article. The internal audit department and its designated
representative shall have the authority to go upon the premises
on which any organization is conducting a bingo game, or on the
p~emlses where bingo records are kept, for the purpose of carry-
ing out the duties imposed by this article. ~91e application for
the binge per~it shall constitute permission from and authority
86-446
granted by such organization to any law enforcement officer, the
internal audit department or its designated representative to
enter upon such premises.
(e) Every organization authorized to conduct bingo games
and raffles shall maintain a record in writing for three years Of
the dates on which bingo is played, the number of people in
attendance on each date and the amount of the receipts and prizes
paid on each such day. The organization shall also maintain a
record of the name and address of each individual to whom a door
prize, regular or special bingo game prize or jackpot from the
playing of bingo is awarded, as well ms the amount of such award
The organization playing bingo shall also maintain an itemized
record of all receipts and disbursements, including operating
costs and use of proceeds, incurred in operating bingo games.
(f) Each organization shall be required to account for
bingo, instant bingo and raffle operations in accordance with
procedures and instructions established by the County Internal
Audit Department.
Sec. 4-33. Audit fee.
... Such audit fee shall be determined by the gross
receipts shown on the financial report, subject to correctness bi
audit, and shall accompany such report required to be filed with
the internal audit department on or before November 1 of each
year, pursuant to section 4-32.
Sec. 4-34. Revocation, denial or suspection of permit.
o o o
(b) Except for permits automatically revoked pursuant to
section 4-32(c) for failure of an organization to file financial
reports, no permit to conduct bingo games or raffles shall be
denied, suspended or revoked except upon notice stating the
proposed basis for such action and the time and place for a
hearing thereon. After a hearing on the issues, the county board
of supervisors may refuse to issue or may suspend or revoke any
such permit if they determine that the organization has not
complied with the provisions of this article or article 1.1 of
chapter 8 of title 18.2 of the Code of Virginia, 1950, as
amended. Any organization aggrieved by the decision of the board
of supervisors or its authorized representative may appeal such
decision to the circuit court.
o o o
Sec. 4-36.1. 0nly raffles, bingo and instant bingo q~mes permit-
ted.
This article permits organizations to conduct raffles, binge
and instant bingo game~. Ail games not explicitly authorized by
thi~ article are prohibited.
(2) This ordinance shall become effective upon passage.
10.C. PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING TO ROAD
PAVEMENT DESIGN STANDARDS
Mr. Banuner stated this date and time had b~en advertised for a
public hearing to consider an Ordinance to amend the County Code
by amending Section 18-36, relating to road pavement design
standards.
Mr. Poole stated that on February 12, 1986, the Board of
Supervisors adopted a Subdivision Ordinance amendment requiring
asphalt roads in all subdivisions where curb and gutter is
86-447
required. He stated the Board also requested that staff prepare
another amendmenf which would require asphalt pavement on all hew
su3odivision streets, not just those where curb and gufter is
required. He stated the Planning Commission had reviewed and
reco~uuended approval of the Ordinance. ~e then briefly reviewed
the o~dlnance and its impacts. He stated asphalt streets provide
better quality, are stronger and require less maintenance than
tar and gravel streets. ~e stated this matter has been discussed
with the Richmond Home Builders Association and they have
requested that some short amount of lead time be put into the
Ordinance amendment to give the development community s chance to
complete projects. He stated staff reco~unends that the effective
date be established as August 1, 1986.
Mr. Delmonte Lewis, representing the ~ome Bnilde:s Association,
stated they were in eupp0rt Of the proposed Ordinance. ~e stated
they concurred with the recommended effective date of August 1,
1986, which would provide leeway for the development community to
submit plans on projects that have already begun and expressed
appreciation for staff informing them of County proposals.
Mr. Dodd stated the people do not object to growth and
development if it is of a quality nature and in his opinion this
is just another step toward quality. He stated with the road
maintenance funding from the Highway Department being reduced the
County has no choice but to place more and more quality controls
on the development community.
Mrs. Girone concurred with Mr. Dodd's co~ents on quality and
added she felt it was an economical move in that the maintenance
is So expen$1vs. She stated the tar and gravel is washed away in
no time at all leaving potholes and she feels the cost of
maintaining tar and gravel roads in the County is intolerable and
expensive.
Mr. Applegate concurred with Mr. Dodd's and Mrs. Girone's
comments; however, he ~tated he felt August 1, 1986, was an
insufficient amount of time for the 'transition to occur and
suqgested January 1, 1987 as the effective date.
Mr. Dodd stated he could support an effective date of September
1, 1986, however, he could not support January 1, 1987, because
the sum~¢r development period would be completed and many more
tar and gravel roads would be added to the County network.
Mr. Applegate stated he was referring not to development but pla~
approval.
Mr. Peele stated that every subdivision permitted to develop with
tar and gravel streets under this proposal had already received
tentative approval from the Planning Co~uulsslon. ~e stated
certain pricing considerations have been set and certain ranges
set cn utility elevations based on one type of roadway. Ne
stated staff's concern to make that chang~ now may be a hardship
but that in speaking with representatives from the Home Builders
they did feel the August 1, 1986 deadline gave them reasonable
time to address those issues. He stated this item has been
discussed in other formats with the Planning Commission and the
Board of Supervisors for approximately a year now ~o the
development community should be aware of the proposal.
Mr. Applegate stated he did not know what the Planning Commission
backlog is but he would assume that there are a number of
subdivisions in the process where cost takeoffs have been already
generated. He stated the requests will not even get to the Board
of Supervisors or the Planning Commission before Ssptamber 1,
1986.
Mrs. Girone inquired if this action would impact the cost of a
subdivision.
86-448
Mr. Peele stated he believed it would impact on an individual lo~
cost by approximately $100 to $150.
Mr. Dodd stated that this amendment would provide for a more
quality development and reiterated his comments that he could
support a September 1, 198~, effective date.
Mr. Applegate reiterated his concern that there are requests on
file that are being processed right now that will not even get tc
the Planning Con~ission before September l, 1986, and the people
who have applied need the opportunity to go ahead with those
plans.
Mr. Daniel questioned when this item was first presented to the
Planning Commission for considerabion. Mr. Peele commented the
~lanning Commission heard the request in March, 1986; he added
the earlier amendment requiring asphalt streets in certain
circumstances was discussed in the fall of 1985. Mrs. ~irone
inquired as to how t_he date of August 1, 1986 was selected. Mr.
~oole stated he discussed this with Mr. Lewis during the past
week.
Mr. Daniel stated the Memo Builders have already agreed to the
proposal and an airtiqht Ordinance cannot be passed that would
protect everybody. ~e stated he felt there had been sufficient
time, noti¢~ and public hearings by the Planning Commission to
permit ample time for all to prepare for this action and to meet
the deadline. Me stated he would have to agree with Mr. Dodd
that August or September is sufficient.
Mr. Applegate questioned how long would it take to clear
everything that is in the planning process right now.
Mr. Peele stated that, assuming there ware no ~ignificant
problems with the case, it would probably be August or September
before the Board would hear the final zoning cases on the docket.
He stated there may be some already submitted for the August
meeting which will come to the Board in September but none would
be carried over, short of deferrals.
Mr. Applegate questioned how this change would affect an already
approved subdivision which is being developed in stages or
sections.
Mr. Peele stated two possible ways: if that subdivision has been
approved and the road plans are designed and if those plans are
completed and submitted to the County and State for approval
before Augl%$t 1 then they would be permitted under the proposal
to develop with tar and gravel streets; or if those plans are
submitted after that date they would be required to have asphalt
surfaces. Me stated the other solution to unique problems would
be through the subdivision process explaining those problems to
the Planning Commission and requesting modifications to the
requirements on a case by case basis.
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
adopted the following Ordinance, with an effective date of
September 15, 1986:
AN ORDINANCE TO AMEND THE CODE OF TNE COUNTY OF
CNERTERFIELD, 1978, AS AMENDED, BY AMENDING SECTION 18-36
RELATING TO ROAD PAVeMeNT DESIGN STANDARDS
BE IT ORDAINED by the ~oard of Supervisors of Chesterfield
County:
S~c. 18-36. Arrange~ments.
ooo
(k) The minimum pavement design for all roads in any
subdivision shall include two inches of S-5 bituminous concrete.
86-449
11. NEW BUSINESS
ll.A. CHARTER AMENDMENT AMD RELATED APPROPRIATIONS FOR THE
RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mr. Applegate, seconded by Mr. Daniel, the Board
adopted the £ollowing resolution and appropriated an additional
$10,231 to cover the additional dues, with funds to be absorbed
within the Community Development budgets, if possible:
WHEREAS, the Virginia Area Development Act (Title 15.1),
Chapter 34, Section 15.1-1400, et seq., Code of Virginia (19501,
(as amended), authorized the organization of a Planning District
Commission by written Charter Agreement; and
WHEREAS, pursuant to Title 2.1, Chapter 6.1, Section
2.1-63.5 of the Code of Virginia (1950) as ~mended, geographic
boundaries of Planning District 15 have been established; and
WHEREAS, the governing bodies of the governmental
subdivisions embracing the majority of the population within sai~
Planning District have organized a Planning District Commission
by written Charter Agreement; and
WHiP, AS, this Charter Agreement provides in Article X,
Section 1 that it may be amended only by concurring resolutions
of all member governmental subdivisions of the Commission after
proposed amendments have been submitted to the Commission for its
review and comment to the member governmental subdivisions; and
WHEREAS, the Commission ham reviewed the resolution proposec
herein and has recommended its adoption;
TREREFOR/~, BE IT RESOLVED by the Board of Supervisors of
County of Chesterfield, Virginia:
1. That on the llth day of J~ne, 1986, it hereby adopts th~
Amendment to the Charter Agreement of the Richmond Regional
Planning District Commission, a copy of which is attached hereto
and made a part of this resolution.
2. That the Chairman of the Board of Supervisors be and
hereby is authorized and directed to sign and e×eoute, on behalf
of the County of Chesterfield the Amendment to the Charter
Agreement of the Richmond Regional Planning District Commission,
a copy of which Amendment is attached to this resolution.
3. That Mr. Richard L. Hedrick, County Administrator, be
and hereby is authorized and directed to witness the ~ignature of
said Chairman of the Board of Supervisors and to affix the
official seal of the County of Chesterfield on said Amendment to
the Charter Agreement of the Richmond Regional Planning District
Con, lesion, a copy of which is attached to this resolution.
Vote: Unanimous
Mr. Dodd stated he understood there were concerns by the Richmond
Regional Planning District Commission concerning the County's
joining the Crater Rlanning District Commission, which he felt
were unwarranted. Mr. Daniel stated he understood that this
information may not be accurate. Mr. Dodd stated he felt the
information accurate and he felt the County's participation in
both had no reflection on either group, only the County's desire
to provide the best services for its citizens.
86-450
ll.B. CONLMUNIT¥ DEVELOPMENT ITEMS
ll.B.1. ST~ET LIGHT INSTALLATION COST APPROVALS
On motion of Mr. Daniel, seconded by Mrs. Girone, the Board
deferred consideration of street light installations for Monza
Drive and Monza Court and Shcremeade Court and Shoremeade Road
until July 1986, since there is no funding available in the Dale
District street light account; and approved the request for a
street light at Kentford and Brigstock Roads, with funds to be
expended from the Midlothian District Street Light Fund.
Vote: Unanimous
STORM WATER MANAGEMENT SYSTEM AGREEMENT FOR 0TTERDALE
ROAD EXTENDED TO SERVE VIRGINIA POWER
Mr. Applegate disclosed to the Board that he is a co-owner o~
property in this area, declared a potential conflict of interest
pursuant to the Virginia Comprehensive Conflict of Interest Act
and excused himself from the meeting.
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
approved and authorized the County Administrator to execute an
agreement with Sommerville Development Corpo~atlon for the
maintenance o~ the Storm Water Management System for Ottendale
Road Extended serving the Midlothian District Headquarters for
Virginia Power. (A copy of said Agreement is filed with the
papers of this Board).
Ayes: Mr. Dodd, Mr. Daniel, Mrs. Girone and Mr. Mayes
~]~sent: Mr. Applegate
Mr. Applegate returned to the meeting.
11.B.3. BELLWOOD/~ENSLE~ COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CITIZEN ADVISORY GROUP
On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved
the establishment of a Bellwood/Bensley Citizen Advisory Group t¢
assist the County in implementing the Community Development Bloe~
Grant and nominated Mr. Linwood Carroll, Mr. Eugene Presley, Mr.
Bryan Walker, Mr. Leo Myers, Mr. W. L. Sinclair, Mrs. L. L.
Wilbourne and Mrs. Ruffin Gregory, Jr. to said committee whose
formal appointment will be made at the June 25, 1986, meeting.
Vote: Dnanlmous
ll.C. SET PUBLIC REARING DATES
11.C.1. TO CONSIDER THE NORTHERN AP~A~ CENTRAL AREA AND
SOUTHERN At~EA LAND USE AND TRANSPORTATION PLANS
On motion of Mr. Applegate, seconded by Mr. Daniel, the Board set
the date of July 9, 1986, at 7:00 p.m., to consider the proposed
Central Area and Southern Area Land Use and Transportation ~lans
and the date of August 13, 1986, at 7:00 p.m., to consider the
proposed Northern Area Land Use and Transportation Plan.
11.C.2. TO CONSIDER C0NVEEANCE OF PARCEL IN AIRPORT INDUSTRIAL
PARK TO WESTERN RESERVE PLASTICS, INC. AND AUTHORIZE
EXECUTION OF CONTINGENT SALES CONTRACT
On motion of Mr. Dodd, seconded by ~r. Applegate, the Boand set
86-451
the date of ~une 25, 1986, at 9:00 a.m., to consider the
conveyance of a parcel in the Airport Industrial Park to Western
Reserve Plastics, Inc. and authorized the County Administrator tc
execute a Contingent Sales Contract.
Vote: Unanimous
ll.D. CONSENT ITEMS
ll.D.1. STA~E ROAD ACCEPTANCE
· hls day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Middle Loop in Providence Meadows, Section A,
Clovez Hill District.
Upon consideration whereof, and on motion of Mr. Daniel, seconded
by Mr. Mayee, it is resolved that Middle Loop in Providence
Meadows, Section A, Clover Rill District, be and it hereby is
established as a public road.
And bs it further resolved, that the Virginia Department of
Highways and Transportation, be and it hereby is requested to
take into the Secondary System, Middle Loop, beginning at the
intersection with Twilight Lane, State Route 854, and going 0.21
mile in a circular direction to the intersection with Middle
Road, State Route 2696.
This request is inclusive of the adjacent elope, site distance
and designated Virginia Department of Highways drainage
·his road serves 31 lots.
And be it further resolved, that the Hoard Of Supervisors
guarantees to the Virginia Department of Highways a 50'
right-of-way for this road.
This section of Providence Meadows is recorded as follows:
Section A. Plat Book 49, Page 9, April 9, 1985.
Vote: Unanimou~
This day the County ~nvironmental Engineer, in accordance with
directions from this Board, made report in writing upon his
sxaminaticn of Twin Ridge Lane in Twin Ridge Office Condominiums
Phase I and II, Midlothian District.
Upon consideration whereof, and on motion of Mr. Daniel, seconded
by Mr. Mayes, it is resolved that Twin Ridge Lane in Twin Ridge
Office Condominiums Phase I and II, Midlohhian District, be and
it hereby is established as a public road.
And be it further resolved, that the Virginia Department of
Righways and Transportation, be and it hereby is requested to
tak~ into the Secondary system, Twin Ridge Lane, beginning at ths
intersection with N. Providence Road, State Route 678, and going
0.06 mile northwesterly to tie into proposed Twin Ridge Sane,
Phase III.
This request is inclusive of the adjacent slope, site distance
and designated Virginia Department of Highways drainage
This road ~erves the adjacent commercial development.
86-452
And be it ferther resolved, that the Board of Supervisors
guarantees to the Virginia Department of Highways a 60'
right-of-way for this road.
This section of Twin Ridge Office Condominiums is recorded as
follows:
Phase I and II. Plat Book 1615, Page 511, May 25, 1983.
ll.D.2. CONTRACT FOR RICHMOND SYMPHONY
On motion of Mr. Daniel, seconded by Mr. Mayes, the Eoard
approved and authorized the County Administrator to execute the
necessary documents for two separate contracts for two
performances by the Richmond Symphony, one on June 15, 1986, the
other September 21, 1986, to be held at the Boulders Office
Complex, which funds were included in the budget.
Vote=' Unanimous
ll.E. UTILITIES D=~ART~4ENT ITEMS
ll.E.1. PUHLIC HEARING TO CONSIDER THE VACATION OF A DRAINAGE
EASEMENT WITHIN 60 WEST COMMERCIAL PLAZA! SECTION C
Mr. Welchons stated this date and time had been advertised for a
public hearing to consider the vacation of a 16' drainage
easement within "60 West Commercial Plaza", Section C.
No one came forward to addre~e the matter.
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
adopted the following Ordinance:
AN ORDINANCE to vacate a 16' Drainage Easement within 60
West Commercial Plaza Section C, Clover Hill District,
Chesterfield County, Virginia, as shown on a plat thereof
duly recorded in the Clerk's Office of the Circuit Co~rt of
Chesterfield County in Plat Sock 24, at page 79 and Deed
Book 1573, Page 630.
WHEP~AS, Kenneth W. ~incz and Sandra H. Mincz have petition-
ed the Board of Supervisors of Chesterfield County, Virginia to
vacate a 16' Drainage Easement within 60 West Co~unerciat Plaza,
Section C, Clover Hill Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office Of the Circuit Court of said County in Plat Book
24, page 79, made by American Engineers, Incorporated, dated
February 28, 1974 and revised October 1, 1974 and December 16,
1974 and hy a separate Easement Agreement recorded in Deed Book
1573, page 630. The right of way petitioned to be vacated ia more
fully described as follows:
A 16' Drainage Easement within 60 Weet Commercial Plaza,
Section C, the location of which is more fully shown, shaded
in red on a plat made by Bodie Taylor and Puryear, Inc.,
dated April 25, 1986, a copy of which is attached hereto and
made a part of this ordinance.
WHEREAS, notice ham 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 Drainage Easement sought to be vacated except as hereinafter
outlined.
NOW THEREFORE~ BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF
CHESTEP~FIELD COUNTY, VIRGINIA:
86-453
That pursuant to ~eetion 15.1-482(b) of the Code of Vir-
ginia, 1950, as amended, the aforesaid right of way De and is
hereby vacated.
This Ordinance shall be in full force and effect in accor-
dance with Section 15.1-482(b) of the Code of virginia, 1950, as
amended, and a certified copy of thi~ Ordinance, together with
the plat attached hereto shall be recorded no soonsr 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 Virqinia, 1950, as amended.
Thc effect of this Ordinance pursuant to Section 15.1-483 iz
to de~troy the force and effect of the recording of the portion
of the plat vacated. This ordinance shall vest fee simple title
of the Drainage Basement hereby vacated in the property owners
free and clear of any rights of publiu use.
Accordingly, this Ordinance shall be indexed in the name~ o~
the County of Chesterfield, as grantor, and Kenneth W. and Sandra
H. Mincz, husband and wife, or their sucee~ore in title, as
grantee.
Vote: Unanimous
ll.E.2. CONSENT ITEMS
ll.E.2.a. SEWBR CONTR~CT FOR ROCK CASTLE BUSINESS PARK~
ROUTE 360
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
approved and authorized the County Administrator to execute any
necessary documents for the following sewer contract:
Sewer Contract Number S86-80CD/7(8)680M~ Rock Castle Business
Park-Ro~te 360.
Developer: John A. Zaun and Wayne R. Woelard
Contractor: Bookman Construction Company Inc.
Total Contract Cost: $47,583.00
Total Estimated County Cost:
Refund Through Connection Fees $14,050.00
Estimated Developer Cost: $S3,533.00
Number of Connections: 14
Cede: 5N-2511-997
Vote: Unanimous
ll.E,2.b. CONTRACT FOR PURCHASE OF TEN ACRES OF LAND FOR
COUNTY AIRPORT EXPANSION
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
approved and authorized the Chairman and County Administrator to
execute the necessary contract and deed, on behalf of the County,
for the purchase of ten (10) acres of land, from Mr. Joel T.
Burleigh, to the County of Chesterfield, in the amount of
$48,500, located along Cogbill Road. (The purchase amount has
be~n approved by F.A.A. and the County will be reimbursed for 90%
cf the purchase price by th~ F.A.A. and 5% by the state).
Vote: Unanimou~
11.E.2.o. VACATION AND REDEDICATION OF SEWER EASEMENT ACROSS
PROPERTY OF CHURCH OF THE EPIPHANY ALONG SMOKETREE
DRIVE
O~ ~Qtion Of Mrs. Gir0ne, seconded by Mr. Daniel, the Board
86-454
approved and authorized the Chairman of the Board and the County
Administrator to execute an agreement to vacate and re-dedicate a
sewer easement across the property of Walter F. Sullivan, Bishop
of the Catholic Diocese of Richmond, located along Smoketree
Drive, Church of the Epiphany.
ll.E.2.d. VACATION AND RED~DICATION OF ~AS~MENT ACROSS PROPERTY
WOODS CORPORATION
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
approved and authorized the Chairman of the Board and the County
Administrator to execute an agreement to vacate and re-dedicate a
16' drainage easement across property of Ashton Woods
CorpOration. (A copy of the plat is filed with the papers of
this Board}.
ll.E.3. P~EPORTS
Mr. Weleho~a pzeaented the Board with a report on the developer
water and sewer contracts executed by the County Administrator.
ll.E.4. CONSIDER AMENDMENT OF THE BAN ON LAWN AND GARDEN
SPRINKLING
~r. Welchons stated that several new facilities are on line end
operating and these facilities, along with additional water from
Richmond, are enabling the system to support additional hours of
water use. He stated staff feels that it can reduce the hour~ of
the current water ban and is recommending that the ban hours be
changed to 10:00 a.m. to 7:00 p.m. daily.
In response to a question by Mr. Mayes, Mr. Welchons stated the
cost of the water from Richmond is approximately the same as ~hat
being paid to the Appomattox River Water Authority.
On motion of M~. Applegate, seconded by Mrs. Girone, the Board
adopted the follewin9 resolution:
~¢he~eaa, peak demand for County water occurs at this time of
the year due to additional demands for the watering of lawns and
gardens; and
Whereas, due to a lack of rainfall and unseasonably hot
weather, the natural supply of water has decreased and lawn or
garden watering has increased significantly; and
Whereas, current peak demands exceed the storage capacity
and pumping capability of the County water system, thereby
creating an emergency situation necessitating action by the Board
of Supervisors to prevent a water shortage during peak demand
periods.
Now, Therefore, Be It Re~olved by the Board of Supervisors
of Chesterfield County that:
1. Pursuant to §20-1.16 of the Code of the County of
Chester£1eld, 1978, the use of water from the County
water system to water residential or commercial lawns or
gardens by sprinkling is prohibited from 10:00 a.m. to
7:00 p.m. daily;
2. This prohibition shall remain in effect until rescinded
by action of the Board of Supervisors; and
86-455
3. Any person violating the provisions of this resolution
shall be subject to a maximum fine of $100.00.
Vote: Unanimous
ll.F. t~EPORTS
Mr. Hammer stated the Virginia Department of Mighway$ and
Transportation has formally notified the County of the acceptance
of the following streets into the State Secondary System:
Addition LenGth
Route 720 (Lucks Lane) - From 0.19 mile west of
Route 3340-W to Route 754 0.92 Mi.
Mr. Hammer presented the Board with a report on the schedule for
the Charter Timetable, and status reports on the General Fund
Contingency Account, General Fund Balance, Road Reserve Funds,
and District Road and Street Light Funds.
On motion of Mrs. Girone, seconded by Mr. Applegat~, the Board
went into Executive Session to discuss personnel matters~ as
permitted by Section 2.1-344 (a) (1} of the Code of Virginia,
1950, as amended.
Vote: Unanimous
12. ~DJOURNMENT
On motion of Mr. Daniel, seconded by Mr. Applegate, the Board
adjourned at 9:50 p.m. until 9:00 a.m. on June 25, 1986.
voto: Unanimous
County Administrator
R. Garland
Chairman
86-456