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07-11-1984 MinutesBOARD OF SUPERVISORS MINUTES July 1!, 1984 Supervisors in Attendance: Mr. Harry G. Daniel, Chsirman Mr. G. H. Applegate, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richard I.. ttedrick County Adminis'trator Staff in Attendance: Mr. Stanley R. Balderson, Dir. of Planning Chief Robert L. Eanes, Fire Department Mr. Elmer C. Hodge, As~t. Co. Administrator Mr. Robert L. 5rasden, Asst. Co. Administrator Mr. R. J. McCracken, Transportation Director Mr. R. M. McElfish, Environmental Engineer Mr. Steven L. Micas, County Attorney Mrs. Pauline A. Mitchell, Public Info. Officer MI. Jeffrey B. Muzzy, Asst. Co. Administrator Mr. Lane B. Ramsey, Dir., Budget & Account. Mr. M. D. Stith, Jr., Exec. Asst. to Co. Adm. Mr. David H. Welchons, Director of Utilities Mr. Daniel called the meeting to order at the Courthouse at 7:00 p.m. (EDST). 1. INVOCATION Mr. Daniel introduced Rev. Isaac James, Pastor of Union Branch Baptist' Church, who gave the invocation. 2. APPROVAL OF MINUTES On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved the minutes of June 27, 19[{4~ as amended. Vote: Unanimous 3. COUNTY ADMINISTIbATOR' :~ ~ COMM~,N~ m.~. ~, e Mr. Muzzy introduced Mr. John McCracken, recently employeed Transportation Director for the Co~nty. He stated Mr. McC~acken had spent seven years in Chesterfield County as the Assistant Resident Engineer at the Chesterfield Residency of the Highway Department, had left the area to become Resident Engineer at the Lebanon Highway Department Residency and is a graduate of Virginia Polytechnic Inst±tute and State University. Mr. Daniel welcomed Mr. McCracken to the County and .stated that Board members would be in touch with him to share their road requests. Mr. Hedrick stated that Chief We?-.ley Doiezal had authored a book enti't, led *~,r~,~ A ~)aratu~ A C:[ f" ~ p~ ~ ide to Reoowerinq, Rehabilitatinq and Recondition. which had been publisked by the International Association of Fire Chiefs Foundation. He stated uhat the book was written as a zesuit of some wo~'k the Fire Department had done 84-382 under Chief Dolezal's guidance. Mr. Hedrick stated the book was very well done and a fine example of the good job our employees are doing. Mr. Hedrick announced that Ms. Debbie Henley of the Chesterfield Gazette would be leaving to take a new job with the Potomac News and he wished her good luck. Mrs. Girone stated Ms. Henley had done a good job and it was appreciated. Also, Mr. Hedrick announced that Ms. Barbara Berlin of Channel 8 had been promoted. to weekend anchor and replacing her tonight was Mr. Greg Coy. 4. ITEMS TO BE DELETED OR HEARD OUT OF SEQUENCE Mr. Micas asked the Board to consider adding to Item 9.H., an Executive Session to discuss the investment of public funds. On motion of Mr. Applegate, seconded by Mr. Mayes, the Board adopted the agenda, as amended, which added discussion of the investment of public funds to 9.H., Executive Session, pursuant to ~2.1-344(a) (5) of the Code of Virginia, 1950, as amended. Vote: Unanimous RESOLUTIONS OF SPECIAL RECOGNITION MELVIN W. BURNETT, JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD Mr. Stith stated that Mr. Burnett was being honored for his eight years of service on the John Tyler Community College Local Board. Mr. Hedrick stated that Mr. Burnett was unable to attend the meeting due to a conflict. On motion of the Board, the following resolution was adopted: WHEREAS, Melvin W. Burnett of Chesterfield County, Virginia has served on the John Tyler Con, unity College Local Board from 1976 and has now completed eight years; and WHEREAS, Eight consecutive years consisting of two-four year appointments make him ineligible by law for reappointment by the governing body of Chesterfield County, retires from the Board; and WHEREAS, Melvin W. Burnett has given generously and willingly of his time, talents and expertise, in an expression of dedication to the cause of broader dissemination of knowledge; to the belief in an opportunity of self-improvement and personal growth; to the cause of continued economic growth and development of the counties and cities of the Commonwealth, and to the end that the quality of life for all its people shall be improved; and WHEREAS, Melvin W. Burnett has worked diligently on the Executive Committee of the Local Board to the benefit of the College, the co~unity, and the State, and in support of fellow Board members; and WHEREAS, ~elvin W. Burnett serve~ wit~ distinction as Chairman of the Local Board during the period July 1, !980 to June 30, 1982. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors in meeting assembled July 11, 1984, does hereby express deep appreciation to Melvin W. Burnett for service, vision, leadership and lasting contributions to the life of John Tyler Community College and to the residents of the area served by the College. Vote: Unanimous 6. ~EARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Mr. Hedrick stated there were ~i~ citizens scheduled to address the Board at this meeting. 84-383 7. DEFERRED ITEMS 7.A. IZAAK WALTON PARK Mr. Daniel stated that this afternoon there was a meeting involving members of the Concerned Citizens Committee, neighbors of the Izaak Walton Park, Izaak Walton Park representatives, County staff and Mrs. Girone at which time an agreement was arrived at for conditions of operation for the Izaak Walton Park. Mr. Daniel stated this was not a public hearing, but three people would be recognized to speak regarding that agreement. Mr. Dick Hilliard of the Concerned Citizens Committee stated that his group had reached an agreement with the Izaak Walton Park representatives. He stated they had a plan to implement some improvements to the park that would result in noise reduction in the neighborhood. He stated he appreciated the spirit of mutual cooperation that was displayed today and indicated the "Pro Park" sticker he and others were wearing, indicating that his group had never been against the Park, and they looked forward to cooperating with them in the future. He asked that this agenda item be removed from consideration. Mr. Jerry Gray, representing neighbors of the Park, stated the agreement represented the good faith efforts and continuing good faith efforts of all parties who met this afternoon. He thanked the County for their assistance in helping to reach this agreement. Mr. Joe Akers, President of Izaak Walton Park, Inc., stated on behalf of the membership, he fully intends to live up to the agreement that was reached this afternoon. He thanked and recognized the Park members and the neighbors of the Park. Mrs. Girone stated that she appreciated everyone's efforts in this regard. She stated that it had been a long two years and had culminated this afternoon in some real sharing and talking. She stated this sharing would continue with meetings scheduled between the parties in the future with the first scheduled for November 1st. She stated she felt the Board took a wise course when they did not revoke the permit, but rather formed the committees which came to a satisfactory conclusion. On motion of Mrs. Girone, seconded by Mr. Mayes, the Board accepted the aqreement between representatives of Izaak Walton Park, the Concerned Citizens in the area and "Neighbors of the Park" as a report. Vote: Unanimous The Board recessed for two minutes. Reconvening: 7.B. JADE ROAD UNIMPROVED Mr. L. J'. Wiggins, Sr., adjacent property owner, was present and spoke to the Board regarding past problems with this right-of-way, e.g., vandalism, trash, etc. He urged the Board to leave the right-of-way as it was. Mr. Applegate asked how long the fence had been in place on the right-of-way. Mr. Wiggins stated approximately seven months. Mr. Wiggins stated a petition had been submitted to the County asking that the fence remain after they were asked to remove it by the Planning Department. 84--384 Mr. Mac Case of 213 Jade Road was present representing the Penn Acres Civic Association and stated that the general consensus of the residents was that they do not,want the right-of-way opened and they do not want a through road. He stated they felt when the County granted Circuit City rights to block Jade Road into Route 60, that they voided the need for opening this road for a thoroughfare and any other opening up of the subdivision is not in the best interest of the property owners. He stated they did not want the right-of-way opened for pedestrian traffic. He presented Mr. Applegate with a petition signed by the property owners opposing opening of this right-of-way. Mr. Rodney Chafin, President of the Brookfield Civic Association, was present and stated his subdivision would also be affected by the opening of this road. He stated the general consensus of the residents in Brookfield was that the road should not be opened. Mrs. S. G. Newton was present and stated she was not in favor of opening the right-of-way as a road, but was in favor of opening it to pedestrian traffic. She stated since the fence had been erected, that the pedestrians climbed over and damaged her fence rather than go over the fence on the right-of-way. Mr. Frank Darnell of 8373 Trout Lane was present and spoke to the Board of various vandalism and property damage he had suffered prior to the fence being erected. Mr. Applegate stated that he has talked to Mr. Wiggins and Mr. Darnell on numerous occasions and he understood Mrs. Newton's concern. He indicated that he was concerned that staff and the Police and Fire Departments had recommended that this road be opened and brought up to State standards for safety reasons. He stated the overwhelming consensus of the residents of the two subdivisions led him to believe they were not as concerned as he was about the safety factor. He also was concerned that people were going over Mrs. Newton's fence. Mr. Applegate stated that he recommended the County remove the fence and retain the right-of-way to permit pedestrian traffic. Mr. Mayes questioned Mr. Applegate as to why he would recommend opening the road even though the majority of the concerned citizens were not in agreement with that solution. Mr. Applegate stated only the fence was going to be removed. Mr. Dodd questioned if the fence were removed, could we guarantee the residents that the area would be policed. Mr. Hedrick stated that we do not, as a policy, clean up these right-of-ways, but have on a case by case basis in the past, done some maintenance, but it is done rarely. Mr. Applegate stated if the area was well policed, the trash problem would not exist. He further stated if the residents experienced additional problems, he would expect them to come back to him. Mrs. Girone stated she had experienced a similar problem in her area and it was solved by the County vacating equal halves of the right-of-way to the adjacent property owners, whereby they extended their own fences and maintained the property. Mr. Mayes suggested deferral of this item for thirty days to give the neighbors an opportunity to see if they can work it out and make a recommendation to the Board. Mr. Hedrick stated that the staff felt the easement was necessary for public safety purposes which the residents may not be able to understand as they had a dift!erent point of view. He further stated that if we open the easement up and don't improve the road and create the impression the Police Department is going to respond to complaints, we are going to cause ourselves problems. From the County's perspective, if the easement is needed for public safety purposes, then ~hat should prevail and the road should be opened and improved to allow passage of emergency vehicles. If the Board does not feel this is a public safety issue, then there is no value for us to retain the easement and therefore we should just vacate. Mr. Applegate withdrew his earlier motion. On motion of Mr. Applegate, seconded by Mr. Dodd, consideration of this request was deferred until August 8, 19~4. 84-385 Vote: Unanimous 7.C. REQUEST TO EXTEND PUBLIC WATER - PARKWAY LANE On motion of Mr. Applegate, seconded by Mr. Dodd, the Board deferred consideration of a request to extend public water from residents of Parkway Lane until more interest is shown. Vote: Unanimous 7.D. REQUEST FOR PUBLIC WATER - OMAHA, CARSWELL & KINGSDALE RDS. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board deferred consideration of a request to extend public water to the Omaha, Carswell and Kingsdale Road area until more interest is shown. Vote: Unanimous 7.E. APPOINTMENTS 7.E.1 YOUTH SERVICES COMMISSION On motion of Mrs. Girone, seconded by Mr. Mayes, the Board appointed the following persons to the Youth Services Commission whose terms are effective immediately and will expire on June 30, 1985: 1. Ms. Jill Dean Stanfield (Youth), Bermuda District 2. Ms. Katherine Harris (Youth), Matoaca District 3. Mr. Howard L~ Warren (Adult), Matoaca District 4. Rev. Philip Miller (Adult), Clover }{ill District 5. Ms. Casey Waid (Youth, Clover Hill District 6. Ms. Patricia Milam (Youth), Midlothian District Vote: Unanimous 7.E.2. CRATER PLANNING DISTRICT COMMISSION On motion of Mrs. Girone, seconded by Mr. Applegate, the Board appointed Mr. Mayes as the Board's representative and Mr. Jeffrey Muzzy as the staff representative to serve on the Crater Planning District Commission whose terms of office would be effective immediately and would expire on December 30, 1988. Vote: Unanimous 7.E.3. SOCIAL SERVICES BOARD On motion of Mrs. Girone, seconded by Mr. Dodd, the Board appointed Mr. Jesse Mayes and reappointed Mr. David Phillips to the Social Services Boar..~] whose terms are effective immediately and will expire on June 30, !9~8. Vote: Unanimous 8. PUBIiIC HEARINGS 8.A. ORDINANCE REGARDING ~TIL!TY TAX ON TELEPHONE SERVICE TO DEFRAY CAPITAL AND OPERATING COSTS OF ENHANCED 911 Mr. Hedrick stated this date and time had been advertised for a public hearing to consider adopting an ord~i!]ance imposing a telephone surcharge for funding of the Enhanced 911 Emergency System. He pointed out that the Board had been presented a revised ordinance at the start of the meeting. Mr. Hodge stated that on May 23, 1984, the Board authorized the staff to proceed with C&P on the Enhanced 91]. System. He reported that things were progressing well and that it would cost approximately $290,000 to implement the system and $13,000 per month thereafter to operate. He stated that recent actions of the General Assembly allowed these costs to be passed on to the users of the system by means of a surcharge collected by C&P Telephone Company and forwarded to the County. He stated this is a regional project with the City of Richmond and Henrico County 84-386 and those two jurisdictions have already held their public hearings and have authorized C&P to begin collecting the 15¢ per month per telephone line effective September 2, 1984. He further stated that it would be 18-24 months before the system could be activated and the money collected between now and then would be applied to the installation costs. Mr. Micas stated that the revised ordinance incorporates a number of technical improvements with the only substantive change that the ordinance can only be effective upon sixty (60) days notification to the utility company. Mr. John Smith spoke in favor of the ordinance if it were defined as a tax and not a surcharge. Mr. Mayes asked if the contract was with both C&P and Motorola. Mr. Hodge stated that this contract was entirely with C&P. He further stated that it included the telephone number identification, computerized system, the street name and the owner's address of the person calling at the time the person dials 911. Mr. Dodd expressed concern that this would come before the Board again for an increase in the surcharge. Mr. Hodge stated it would probably be at least three years before there would be an increase. On motion of the Board, the following ordinance was adopted: AN ORDINANCE TO AMEND CHAPTER 8 OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING ARTICLE X RELATING TO THE IMPOSITION OF A UTILITY TAX ON TELEPHONE SERVICE TO DEFRAY THE CAPITAL, INSTALLATION AND MAINTENANCE COSTS OF THE ENHANCED-911 EMERGENCY TELEPHONE SYSTEM BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: 1. That Chapter 8 of the Code of the County of Chesterfield, Virginia, 1978, as amended, is amended by adding the following article. Article X. Utility Tax Sec. 8-37. Definitions. The following terms whenever used in this article shall have the following meanings: E-911 system. A telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. A public safety answering point is a communications facility operated on a twenty-four-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch safety services or extend, transfer, or relay E-911 calls to appropriate public safety agencies. Local exchange telephon~ system~. As it applies to an E-911 system, local telephone service shall mean switched local exchange access service. Purchaser. Every person who purchases a local exchange telephone service. S4-387 Seller. Every person who sells or furnishes local exchange telephone service within the county. Utility services. Local exchange telephone service furnished within the corporate limits of the county. Sec. 8-38. Amount of tax on telephone service. Pursuant to the authority set forth in ~58-587.2 of the Code of Virginia, 1950, as amended there is hereby imposed and levl~-~-- by the county upon each purchaser of local exchange telephone service, a tax in the amount of fifteen cents per telephone line per month. This tax shall be paid by the purchaser to the seller of local exchange telephone service for the use by the county to pay the initial capital, installation and maintenance costs and recurring maintenance costs of its E-911 system. Sec. 8-39. Exemptions. The following persons shall be exempt from the payment of the tax provided for herein: (a) The United States of America, the Commonwealth of Virginia, and all political subdivisions, boards, agencies, commissions and authorities of the state. (b) Purchasers or lessees of local exchange telephone service who utilize coin-operated telaphones. Sec. 8-40. Collection and remittance by seller. It shall be the duty of every seller in acting as the tax collection agency for the county, to collect from the purchaser for the use of the county, the tax hereby imposed and levied at the time of collecting the purchase price charged, and the taxes imposed, levied and collected during each calendar month shall be reported and paid by each seller to the treasurer on or before the fifteenth day of the second calendar month thereafter, together with the name and address of any purchaser who has refused to pay the tax. The required report shall be in a form prescribed by the county administrator. Sec. 8-41. Records of seller. Each seller shall keep complete records showing all purchases in the county, which shall show the price charged against each purchaser with respect to each purchase, the date thereof, the date of payment thereof and the amount of tax imposed hereunder. Such records shall be kept open for inspection by the county and the county shall have the right to make transcripts thereof during such time as it may desire. 2. This Ordinance shall become effective upon sixty days written notice by certified mail to the registered agent of C&P Telephone Company. Vote: Unanimous 8.B. EASTERN AREA PLAN FOR LAND USE AND ROAD IMPROVEMENTS Mr. Hedrick stated that this date and time bad been advertised for a public hearing to consider the Eastern Area Comprehensive P~an. $4-388 Mr. Balderson stated that the Planning Commission had held a public hearing on the Plan and as a result had recommended approval and adoption of the Plan to the Board of Supervisors. He introduced the consultants who prepared the Plan, Mr. Bruce Drenning of Kamstra, Dickerson and Associates and Mr. Kevin Hooper of JHK and Associates. Mr. Drenning reviewed various points of the Plan. He stated major features in the eastern area "peninsula" were the turnpike and the proposed 1-295 going n/s through the middle of the area with a major interchange at Route 10. He stated there was a sparsely developed road network and an absence of shopping centers. He pointed out major natural features such as substantial areas of flood plain, wetlands and woodlands. He pointed out there are only several drainage basins, the key one being Johnson Creek. He further stated that the sewer system was not well developed at this time. Mr. Hooper outlined the transportation elements of the Plan. He pointed out road improvements recommended in the Plan and changes that would need to be made as a result of the 1-295 interchange. Mr. Drenning stated that these projects were forecast for the year 2000 with population increasing from present level of 5,800 to ].1,000, jobs will increase from 7,300 to 16,000 with an increased need for industrial land from 350 to 750 acres of land and 600 acres to 1,400 acres for subdivision development. Mr. Thomas P. Dougherty, owner of the Bermuda Golf Course was present and questioned if this Plan, which showed his property as open land, would affect the development of his property as something other than a golf course. Mr. Daniel stated that the Plan was a guide to development and property owners could still ask for zoning other than that indicated, but that the Plan would be used by the staff and the Planning Commission as a guideline for reviewing the zoning request. Mr. Drenning stated that Mr. Dougherty's land was designated as open space on the Plan because that was the current use. Mr. Applegate asked what designation would have been given to the land if the golf course had not been in existence. Mr. Balderson stated probably residential. Mr. Drenning stated that some improvements to the roads in that area had been discussed but abandoned as they would have gone through the golf course property. Mr. Dodd stated that from Golf Course Road eastward to Walthalmill would be residential in his mind and on the other side of the Golf Course would be industrial. He further stated we cannot force it to remain as open land unless the County wants to purchase the property and maintain it as open land which they do not seem to be willing to do. Mr. Dodd stated that Mr. Dougherty had offered to sell the property to the County several years ago ~o the park system and it was not looked on with favor at that time. Mr. George Emerson stated that he currently had an option to purchase the golf course property and he would like the Board to reflect that by virtue of that being a golf course that it not be put in the plan as recreational area, but high density residential. Mr. Les Saunders was present representing Mr. Morris, owner of a piece of property in the area. He stated that he recognized that this Plan is not written in stone, but his client has been working on this piece of property for a little over two years and the Planning Commission had indicated that they were going to be governed by the Plan. Mr. Saunders stated that he did not feel the property should be residential. He stated that the property would have the bypass, a super expressway and two railroad tracks 84-389 running through it. He wanted to go on record as saying that Mr. Morris' family has owned the property for over 45 years and they do not feel it could be developed as~ residential. Mr. Read Goode, Trustee of the Meadowville Farm Trust, congratulated the Board of SuPervisors on entering into this timely study. He stated it was essential that the Board adopt ~his Plan for the lifeblood of the heavy industrial development .n the County. He stated there were two things he hoped this study did not preclude, six ramps at Meadowville Road on 295 and the proposed port facility, as we have the best location in the metropolitan regional area /!or the relocation of a port. Mr. Daniel pointed out that adoption of thJ_s study would not I pre-empt revising the study on a timely basis as new information is presented and new ideas are developed. _----- Mr. Dodd stated that with the exception of the Route 60 corridor, this is probably the most important area in this County. This area has more to do w£th the future of the County as it is basically undeveloped and has the potential to be the real breadbasket of the County. It also has very fine residential developments and those residents want protection from the industry and solving this dilemma has been a great challenge. Mr. Dodd further stated he felt the Plan needed some fine tuning. He thanked the consultants for their work on the Plan and stated they had done a good job and thanked those people who cama ton~gh~ to speak on the On n~otion of Mr. Dodd, seconded by Mr. Mayes, further consideration of the Eastern Area Comprehensive Plan Amendment was deferred until August 8~ 1984. Vote: Unanimous 9. NEW BUS/NESS 9.A. ADOPTION OF ~END~ENT TO COUNTY CODE REGARDING STATE MOTOR VEHICLE OFFENSES On motion of Mrs. Girome, seconded by Mr. Dodd, the Board adopted on an emergency basis, the following ordinance and set a Public Hearing for August 8, 1984 to consider adoption of the amendment on a permanent bas~s: AN ORDINANCE TO ~END ARTICLE I, SECTION 14.1-1 OF THE CODE OF THE COUNTY OF CHESTERFIELD, VIRGINIA~ !978~ AS AMENDED RELATING TO ADOPTION OF STATt~ LAW DEALING WITH MOTOR VERSICLE OFFENSES BE IT ORDAINED by the Board of S,~pervisors of the County of Chesterfield, Virginia: (]) That the Code of the County of Chesterfield, 1978, as -~mended, is amende,..f[ by amendir.,g the fo!]~.~wJng section: Sec. 14.].-1. Bdoption of state !aw. Pursuant to the authorit}, of section 46.1-188 of the Code of firginia, as amended, ali. of the provisions and requirements of the laws of the state contained in Title 46.1 and Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia, as in force on July 1, 1984, except those pz'ovisions and requirements the violation of which constitu~es a felony, and except tho~e [provisions and requirements whic:h by their very nature can have no application to or within.': 'tine cc~unty, are hereby adopted and i~corporated in this chapter by reference and made applicable w~.t.hin the county. Re-fere~.."?.~.~ t:o "hii~hways of the state" conkained in such prov_isi~ns and req~irements hereby adopted 84-39C) shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail, neglect or refuse to comply with any provision of Title 46.1 or Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.1 or Article 2 of Chapter 7 of Title 18.2 of the Code of Virginia. Vote: Unanimous 9.B. RESOLUTION REGARDING RELOCATION OF VACO OFFICES On motion of the Board, the following resolution was adopted: WHEREAS, It has been requested that the Chesterfield County Board of Supervisors by resolution take a position on the question of relocation of the Virginia Association of Counties (VACO) offices; and WHEREAS, It is felt that the efficiency and effectiveness VACO would be enhanced by physically locating in Richmond in close proximity to the Capital; and WHEREAS, The relocation would enable the VACO personnel to be at the State Capital on a year-round basis representing its member jurisdictions on decisions which would have a major impact. NOW, THEREFO]~iE, BE IT RESOLVED, that the Chesterfield Counts Board of Supervisors unanimously supports the relocation of the Virginia Association of Counties' offices to Richmond from Charlottesville, Virginia. Vote: Unanimous 9.C.1. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Landfill Drive in the Matoaca District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Landfill Drive in Matoaca District, be and it hereby is e~tlablished as a public road. And be it further resolved, that the Virginia Department of Highways and Transportatioa, be and it hereby is requested to take into the Secondary System, Landfill Drive, beginning at its intersection with Ironbridge Road, State Route 10, and running westerly .].8 mile. And be it further resolved, that the Board of Supervisors, by resolution dated March 14~ 19~4, approved conveyance to the Virginia Department of Highways a 60' right-of-way for this road Vote: Unanimous This day the County Environmental E~gineer, in accordance with directions from this Board, made report in writing upon his examination of Pine Forest Drive, Lansmill Drive, Swift Bluff D~ive, North Swift Bluff Court, Fja].a Drive, and Circlestone Cour% in MiiJ. s~de, Section ] ~ ~.~al. oaca District. 84-391 Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Pine Forest Drive, Lansmill Drive, Swift Bluff Drive, North Swift Bluff Court, Fiala Drive, and Circlestone Court in MillsJde, Section 1, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Pine Forest Drive, beginning at the end of State maintained Pine Forest Drive, State Route 1144, and running easterly .04 mile to end at the intersection with Lansmill Drive; Lansmill Drive, beginning at the intersection with Pine Forest Drive and running southerly .15 mile to the intersection with ~wift Bluff Drive, then continuing southerly .06 mile to end in a temporary turnaround; Swift Bluff Drive, beginning at the intersection with Lansmill Drive and running easterly .08 mile to the intersection with North Swift Bluff Court, then continuing easterly .06 mile to the intersection with Fiala Drive, then continuing easterly .01 mile to end in a dead end; North Swift Bluff Court, beginning at the intersection with Swift Bluff Drive and running southerly .01 mile to end in a dead end, again beginning at the intersection with Swift Bluff Drive and running northerly .06 mile to end in a cul-de-sac; Fiala Drive, beginning at the intersection with Swift Bluff Drive and running southerly .01 mile to end in a dead end, again beginning at the intersection with Swift Bluff Drive and running northerly .11 mile to end at the intersection with Circlestone Court; Circlestone Court, beginning at the intersection with Fiala Drive and running easterly .02 mile to end in a dead end, again beginning at the intersection with Fiala Drive and running westerly .08 mile to end in a cul-de-sac. These roads serve 82 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for all of these roads except North Swift Bluff Court and Circlestone Court which have a 40' right-of-way, and Lansmill Drive which has a variable 50' to 140' right-of-way. This section of Millside is recorded as follows: Section 1, Plat Book 45, Page 62, Recorded April 17, 1984. Vote: Unanimous 9.C.2. RECOMMENDATION FOR APPOINTMENT OF POLICE OFFICER On motion of Mrs. Girone, seconded by Mr. Dodd, the Board respectfully requested the Circuit Court Judges to appoint Calvin Henry Stone as a police officer for Chesterfield County effective July ].6, 1984. Vote: Unanimous 9.D.1. STREET LIGHT INSTALLATION On motion of Mr. Dodd, seconded by Mrs. G~rone, the Board directed staff to renegotiate with Vepco in an attempt to reduce installation costs for street lights at Boyd and Malibu Streets and Hemlock Road in the Bermuda Distrlct. Vote: Unanimous 9.D.2. STREET LIGHT REQUESTS On motion of Mr. Applegate, seconded by Mrs. Girone the Board approved requests for street lights at the following locations with any necessary funds to be expended from the Clover Hill District Street Light Funds: Intersection of Egan Road and West Road Intersecticn of Melissa Mill Road and Hybla Road 84-392 Vote: Unanimous On motion of Mr. Mayes, seconded by Mr. Dodd the Board denied the request for a street light on Ralph Road in the Matoaca District as it did not meet the established criteria. Vote: Unanimous Mrs. Girone thanked Mr. McElfish for the street lights recently installed on Buford Road. 9.D.3. REHABILITATION OF PARK LEE GARDEN APARTMENTS Mr. Dodd asked if the County had some assurances with the developer working on the rehabilitation of the Park Lee Garden Apartments with the County Social Services staff. Mr. Balderson stated that the developer has indicated that he is willing to enter into an agreement with the County on the improvements that will be made and the maintenance of the project. He has also indicated that he would work with the County in securing County citizens as tenants. He further stated there is an existing situation which allows the developer to do that which is approximately 80-90% of existing residents would qualify under the program. Mr. Dodd stated this is a primary e~ample of private enterprise taking advantage of a piece of property. He stated we are now faced with a situation similar to the Lewis Road Project in Henrico County. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved the Park Lee Garden Apartment renovation and authorized the Chairman of the Board to execute the certificate of approval subject to assurances that the developer will work with the County Social Services Department. Vote: Unanimou~ 9.D.4. SOUTHLAKE BOULEVARD EXTENDED Mrs. Girone stated that Mr. Balderson and Mr. Muzzy participated in the discussions regarding ~outhlake Boulevard Extended. Mr. Daniel indicated he felt the County Administrator should have also been involved. Mrs. Girone further stated that the landowner is cooperating with the County on a serious traffic problem and has a plan of development and is ready to proceed and has agreed to help the County with this problem by adjusting his plan to allow the road to come through his property. On motion of Mrs. Girone, seconded by Mr. Applegate the Board authorized the County Administrator to file a Conditional Use Planned Development application for the necessary bulk to the Zoning Ordinance and further authorized that the request be advertised for a public hearing before both the Planning Commission and Board of Supervisors in ~!~eptember, 1984. Vote: Unanimous E. HIGHWAY ENGINEER Mr. Charles Perry, Resident Engineer with the Virginia Department of Highways and Transportation, was present. He stated the Highway Department has responded to appropriate members regarding comments ~eceived at the last Board meeting. Mr. Mayes stated he appreciated his cooperation with the staff and for the work in the Matoaca District and thanked the County staff as well. Mr. Applegate had no requests. Mrs. Girone inquired about the status of Route 147/7].1. Mr. Perry stated the bids would be opened on July 17 and they would break ground approximately 45 days from award of %he bids if they are acceptable. Mr. Dodd thanked 84-393 Mr. Perry for his help in the past and asked if a copy of the Eastern Plan Study on transportation would be helpful and if so, staff would provide him with a copy. Mrs. Girone asked why the roadway on Route 147 was being cut away and new pipe being installed. Mr. Perry was not aware of this work and stated he would be in touch with Mrs. Girone on that matter. Mr. Mayes inquired how many counties Mr. Perry was responsible for. Mr. Perry stated two. 9. UTILITIES ITEMS 9.F.1. RIGHT OF WAY ITEMS 9.F.l.a. REQUEST FROM TRI-CITY ELECTRIC SUPPLY COMPANY TO AID IN ACQUIRING OFF-SITE EASEMENT On motion of Mr. Dodd, seconded by Mr. Mayes, the Board authorized the County right of way staff to aid in the acquisition of an off-site easement across the property of Mr. and Mrs. Glenis L. Rasnick for a sewer line for Tri-City Electric Supply Company, provided the developer execute a contract with the County agreeing to pay for all costs involved. Vote: Unanimous 9.F.l.b. REQUEST FROM VETTE COMPANY TO AID IN ACQUIRING EASEMENT On motion of Mrs. Girone, seconded by Mr. Dodd, the Board authorized the right of way staff to aid Mr. Charles V. Vette of the Vette Company to acquire an easement across the property of Sherman T. and Junie J. Garrett, provided he enter into a contract with the County agreeing to pay for all costs involved. Vote: Unanimous 9.F.2. CONSENT ITEMS 9.F.2.a. WATER CONTRACT FOR ENON BAPTIST CHURCH On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract and further authorized the transfer of $1,300 from 566-1-00640-0000 and $2,000 from 563 surplus to 380-1-64085-4393, which includes a 10% contingency: W~4-108CD/6(8)4085 for Enon Baptist Church Depositor: Trustees of Enon Baptist Church Contractor: County Forces Estimated Project Cost: $3,000 Actual Depositor Costs: 1,300 Estimated County Costs: $1,700 Number of Connections: 1 Vote: Unanimous 9.F.2.b. SEWER CONTRA_T FOR MILL SPRING OUTFALL SEWER On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute any necessary documents for the following sewer contract: S84-103CD/7(8)4034, Mill Spring - Outfall Sewer (Woodlake Area) Developer: Investors Wood!ake Development Corporation Contractor: G. L. Howard, Inc. Total Estimated Cost: $62,552.50 Estimated County Cost: $ 9,970.37 Estimated Developer Cost: $52,582.13 Number of Connections~ 0 84-394 Code: Vote: 574-1-00556-0000 (Refunds through connection fees) Unanimous 9.F.2.d. ACCEPTANCE OF LAND FROM ROBERT M. AND BRENDA S. SARVER On motion of Mr. Dodd, seconded by Mrs. Girone, the Board authorized the County Administrator to execute the necessary deed to accept, on behalf of the County, a 15' strip of land along Belmont Road from Robert M. and Brenda S. Sarver. Vote: Unanimous 9.F.2.e. REQUEST FROM VDH&T FOR SLOPE EASEMENT FROM COUNTY LOCATED AT HULL STREET ROAD AND SWIFT CREEK RESERVOIR On motion of Mr. Dodd, seconded by Mrs. Girone, the Board authorized the Chairman and County Administrator to execute the agreement for a 20' slope easement located at Hull Street Road and Swift Creek Reservoir, subject to the Virginia Department of Highways and Transportation approval of the plans to relocate the berm and subject to approval of the slope easement agreement by the Utilities Department and the County Attorney's office. Vote: Unanimous Mr. Applegate disclosed to the Board that he had a possible conflict of interest regarding the next item as he has adjacent property listed for sale and excused himself from the meeting pursuant to the Virginia Comprehensive Conflict of Interest Act. 9.F.2.c. AMENDMENT TO MICHAUX CREEK PUMP STATION CONTRACT On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved an amendment to the contract for the construction of the Michaux Creek Pump Station Contract, S80-34D/7(8)0342, to adjust the period of refund to conform with the previously approved agreement number S72-54CD-1 dated August 18, 1972. Mr. Oliver Rudy was present and asked to be heard on this item. Mr. Daniel stated this was not a public hearing. Mr. Micas stated that it was the discretion of the Chairman to allow Mr. Rudy to speak. Mr. Dodd withdrew his motion. Mr. Hedrick stated that as far as he knew, everything was in order as he had spoken with Mr. Rudy. Mr. Dodd stated he didn't know what this was about, but any time a citizen wanted to speak, he felt they should be allowed. Mr. Rudy stated that this was an emergency situation. On motion of Mr. Daniel, seconded by Mr. Dodd the Board amended the rules of order to allow a citizen to speak on this item as it was an emergency situation. Ayes: Mr. Daniel, Mr. Dodd, Mrs. Girone and Mr. Mayes. Absent: Mr. Applegate. Mr. Rudy stated that in 1972 the Salisbury Corporation entered into a sewer contract and as a part of the contract, the Michaux Creek Pump Station would be built and the parties would get the money put into the facility as a rebate. He stated that his client agreed to eve~ything in the contract except the length of time in which the rebates are to be allowed. He stated that he presented to Mr. Welchons a schedule of what they think is a reasonable length of time to recoup those costs. He stated that they were asking the Board to give his client the length of time that was requested. Mr. Daniel inquired what the time limit was that staff recommends. Mr. Hedrick stated an eight year period. Mr. Rudy stated that rebates through December of 1994 would be sufficient, which would add another two years. Mr. Hedrick stated that there was an ordinance for water contracts that used five years, but a policy for sewer had not been adopted, but the Board had, in the past, fo]lowed t~e practice of a five year 84-395 limitation. He stated the policy was not to give the developer total reimbursement, but a five year limitation. He stated the reasons for that were we were dealing with allocation of sewage capacity in the system, and when you extend the time for a contract, you are extending the time for the allocation of the capacity. He also stated that the five year limitation also offered an incentive to the developer to proceed with the project in an expeditious manner. He stated that there have been occasions, for economic and other reasons, that developers have not been able to complete a project in a five year period and the Board has granted extensions on a year by year basis. He pointed out that there had been cases of developers coming to the Board for extensions of 2 and 3 years and the Board has acted on these requests only on a year by year basis. Mr. Hedrick cautioned the Board that if they approved this request, they would be granting an exception to a practice. Mr. Dodd questioned Mr. Rudy as to what Was the problem with an eight year period. Mr. Rudy stated that it was not realistic when you are talking about $638,000. Mr. Dodd asked Mr. Rudy if the Board gave his client the eight year period and put it in the minute book that the future Board would give them a year by year extension, would that be acceptable. Mr. Rudy asked that this be put in a contract. Mr. J. K. Timmons was present and stated that he had negotiated the original contract. He stated this was a well conceived plan of sewering a fairly large section of Chesterfield County. He stated that Salisbury Corporation extended the trunk sewer that made it possible for the Village of Midlothian and developments in that area to get sewer. He further stated that a contract had been entered into that stated if Salisbury Corporation put up the money, they would get it rebated back over 20 years for the extension of the trunk sewer. Mr. Timmons pointed out to the Board that there was not a County ordinance dealing with sewer. Mr. Read Goode stated that he was personally guaranteeing the notes to construct this sewer line and his financial projections assumed they would be rebated based on connection fees to reconnect from this permanent facility. He further stated it would not be the proper intent of those projections if the Board did not agree to the extension. Mrs. Girone stated this is merely a policy that doesn't seem to be rigidly adhered to and with a project of this magnitude, it would just be common sense to grant twelve years or whatever was needed. Mr. Dodd asked if this item could be deferred. Mr. Timmons stated that a contract has been awarded to an out-of-town contractor. Mrs. Girone stated that if the staff feels an ordinance is needed on this subject, one should be drafted and brought to the Board. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board authorized an amendment to the contract for the construction of the Michaux Creek Pump Station, Contract S80-34D/7(8)0342, to adjust the period of refund to extend to December 31, 1996 and further directed that the Board would extend the contract on a year by year basis if requested by the developer, due to severe economic conditions. Ayes: Mr. Daniel, Mr. Dodd and Mrs. Girone Abstention: Mr. Mayes as he did not have enough knowledge of this item to vote. Absent: Mr. Applegate Mr. Applegate returned to the meeting. 9.F.3. REPORTS Mr. Welchons presented the Board with a list of developer water and sewer contracts. 9.G.1. REPORTS Mr. Hedrick presented the Board with reports on the status of the general fund contingency account for FY84 and FY85 and the Capital Improvements Program. 84-396 9.H. EXECUTIVE SESSION On motion of Mr. Applegate, seconded by Mr. Mayes, the Board went into Executive Session to discuss personnel matters and investment of public funds, as permitted by Section 2.1-344(a) (1] and Section 2.1-344(a) (5), respectively, of the Code of Virginia 1950, as amended. Vote: Unanimous Reconvening: 10. ADJOURNMENT On motion of Mr. Dodd, seconded by Mr. Applegate, the Board adjourned until July 13, 1984 at 10:00 a.m. in Room 502 of the Administration Building at the Courthouse. Vote: Unanimous Ri~-~/~' L~ Hedrick County Administrator Harry G./Daniel Chairman 84-39'7