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02-11-1987 MinutesBOARD OF SUPERVISORS MI/~UTES February 11, 1987 Supervisors in Attendance: Fir. Harry G. Daniel, Chairman Mr. Jesse J. Mayes, Vice Chairman ~Lr. ~. H. Applegate ~_r. R. Garland Dodd ~Lrs. Joan Girone Mr. Richard L. Medriek County Administrator Staf~ in Attendance: Mr. Stanley Balderson, Dir., Econ. Develop. Ms. Jana Carter, Dir. of Mousing Ms. Joan Dclezal, Clerk to the Doard Chief Robert Eanes, Fire Department ~r. Brad£ord S. Ha~er, Assr. Ce. Admin. Mr. William ~owell, Dir., Gen. Services Mr. Thomas Jacobsen, Dir. of Planning Ms. Mary Leu Lyle, Dir. of Accounting Mr. Robert Masden, ASSt, CO. Admin. for MI. R. J. McCracken, Transp. Director Mr. Richard Me,irish, Dir. cf Env. Eng. Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Dir. of News/Info. Mr. F. O. Parks, Dir., Data Processing Col. Joseph Pittman, Chief of Police Mr. Lane Ramsey, Asst. CO. Ad, in. for Budget aha Staffing Mr. Richard ~ale, Asst. CO. Adrain. for ~evelopment MS, Joan Smith, Dir. of Social Services Mr. M. O. Mtith, Jr,, Dir. of Parks & Rec. Mr. David Welchons, Dir. of Utilities Mr. Frederick Willis, Dir. of Human Mr. Daniel called the meeting to order at the Courthouse in Room 502 at 2:00 p.m. (EST). 1. ~ SESSION ON BUDGET AND CAPITAL IMPRO%q~NTS PROC~RA~ Mr. Daniel ~tated the purpose of the work session was to discuss an overview of the proposed FY88 Budget and Capital Improvements Program. Mr. Hedrick stated ~taff will present the proposed Budget, answer questions and seek additional information from the Board as to the final prepare=ion of the proposed budget. 87-69 Mr. Ra~sey presented a brief summar~ of the upcoming budget meetings scheduled for the Board. He presented an overview of the proposed FY88 material, which included a summary of revenue comparison 1984-85 and percentages of the general and special revenues 1984-85, which were prepared by the Richmond First Club; FY87 total estimated rovcn~es; F¥88 budgeted revenue projections, budget asoumption~ and uses of new revenues; adjustments to balance FY88 budget; Board of Supervisors budget objectives; policy options for allocating County resources; debt management policy; and the operating budget implications projects. He explained the sources and comparioono of the general and special revenue funds and percentage comparisons, as well as total anticipated estimated revenues, for Chesterfield County as compared to Henrico County and the Citieo of Richmond and Virginia Beach (i.e., projected real estate tax funds, per capita rate and tax rate). Discussion and questions ensued relative to the need to compare assessed value of residential/commercial properties and provide a breakdown ~c the Board; the substa~%tial differences in the tax ba~e/strueture; the percentage of recordation taxes received by the County and State; the differences in rates on business licenses; definition of "miscellaneous income" (income derived from contributions for the Libraries, parks, Federal grants, reimbursements ~rom Mental Health/Mental Retardation, ets.); the initiation of proration in 1988; increasing planning/rezoning fees; tho acceleration Of rollback taxes to determine if qualiiying land uses are being utilized; the need for work sessions to discuss amending the land use program; increasing the 9-1-1 fee; increasing the vehicle license fee; making the lea£ and trash collection programs self-supporting; the consolidation and/or elimination of programs, where feasible; the percentage breakdown of indigent versus private paying individuals in the nursing home and the recommendation ~er a change in the ratio comparison; the landfill testing policy; the need to retain revenue sharing road match funding; the use regional statistics to attain Triple A bond rating; etc. Mr. Daniel stated he would like staff to compile information for future Boards o~ $~perviscrs on tax opportunities, meal =axes, etc. Me stated there will have to be program adjustments, as many items as presented would result in direct tax increases. He stated the list as presented would have difficulty being approved and he felt it important that staff review the material to consolidate and/or eliminate programs to generate revenues that will not deal with tax increases. He stated the Board needo to know about operations, what impacts are, otc., and should be provided with formatted details, justifications, etc. Mr. Dedd expressed opposition to proration as well as amendment of the land use program. He expressed concern for the monthly leaf and trash collection programs and the number cf County residents being taken care o~ at the nursing home, both private and indigent. Be concurred with Mr. Mayes ~ha~ a model should be developed giving consideration to the equitable distribution of resources in the County but felt there is insufficient staff to accomplish such action. Mr. Mayes expressed concern regarding amending the land use program; felt the monthly trash and leaf collection programs should be addressed in more detail; opposed giving up district allocations to unify road projects; felt spending money on the water situation problem at the landfill should be included in the budget; and requested under Budget Objectives that the last entry ~e rewri:ten to state that consideration will be given to the equitable distribution of resources as he felt a model needs to be developed for the sake of fairness. 87-70 Mrs. Girone stated she felt a work session necessary to discuss the ramifications of amending the land use program; stated that new sources of revenue may have to be identified and she felt the overall County budget should be managed more wisely, with possible consolidations and/or elimination~ of some requests; felt the revenue sharing road match fun~ing should be retained; felt development of the road in the Industrial Park should be postponed; and recormmended consideration of changing the ratio of private/indigen~ patients at the nursing home. Mr. Applega~e stated he felt the new budget funding i~ limited and staff has tried to identify areas the Board may consider to generate additional revenue without increasing real estate taxes. He stated this Board will have to identify additional income sources. He stated at some point in time services will have to be sa~rified and as yet the public safety aspect has not been addressed. He questioned the additional funding to departments as it related to the overall total of new revenues. Mr. Daniel stated he understood the Board to say the goals are acceptable and are to be used as direction but not as a reinforcement device to plus and minus opinions. Tt was generally agreed the Board would recess for ~ive minutes. Reconveninq: Mr. Sale presented a brief summary of the Capital Improvements ~rogram recommended for FY 1987-88, which included the General O~ligation Bend projects for fiscal years 1988 through 1993; funding for yearly CIP's for fiscal years 1987 through 1993 and anticipated non-funded projects, classified by priority. Mr. Rarasey explained the financing of the projects and the debt management policy, which included recommendations to retain at least a 7.5% Fund Balance in the General Fund; that the debt issued for the Enterprise Fund should ~e supported ~y revenues generated by the enterprise activity (Revenue Bonds); that the Coullty should pay from current revenues for at lea~t 20% of the COSt Of the Capital ~mprovement Program for General Gevernment Activities; that School Capital Facilities should be constructed entirely with debt; that the County should retain a debt to Assessment Ratio no higher than 3.5% of total assessed value; that lease purchase financing for capital facilities should be added to debt for calculating the debt to assessment ratio and for financial planning and reporting purposes; that a Capital Improvement Program should be updated each year; and that debt service as a percentage of total General Government expenses should not exceed 10%. Discussion ensued regarding the criteria established Dy the State Board of Education relative to granting literary loans; financing through the Public School Authority; debt service payback; 4% versus 6% market rates on literary loans; general obligation bond projects and estimated expenditures; the County's bond rating; the necessity/importance of replacing the Co%~lty jail facility in FY87-88; ~unding and development of the Lake Chesdin Recreation Area, Phase I; the number of vacant seats in the schools in the northern sector of the County and in the entire County; the need for two motor pools and planning sta~; the CIP tax rate impact; operations impact; the need for Utility taxes and what the impacts may be; etc. Mr. Daniel stated he felt the subject material is not clearly defined and he would like ~uture material on the Capital 87-71 Improvements Program to include a list of the topics and how it is anticipated to raise the money and in what year. Mr. Hedriok stated the subject material is to provide a scope the financial impact as anticipated in 1988 and future material on these projects will be based on the merits of the project~ and their rationale. It was generally agreed that future material on the Capital Improvements Programs will be formatted with more details such as funding mechanisms, justifications, projects, DINNER The Board recessed at 4:40 p.m. Restaurant for dinner. to travel to the Farm House Reconvening at 7:00 p.m.: Mr. Hedrick introduced Dr. Glen Bohannon, Senior Pastor Central Baptist Church, who 9ave the invocation. 3. pr.~nGE OF ALLEGIANCE TO 'r~ FLA~ OF THE UNITED STATES OF A~ERICA The Pledge of Allegiance America wac recited. to the Flag of the United States of 4. APPROVAL OFMIN%~E$ On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved the minutes of January 28, 1987, as amended. Vote: Unanimous 5. COURTYADMINISTRATOR~S CO~E~TS Mr. Hedrick stated he did not have any comments at this time. 6. BOARD COI~4I'~-r~.~-REPO~TS Mr. Applegate stated he attended the Capital Region Airport Commission (CPJ~¢) meeting at which the Executive Director reported that enplanements increased 12% for ~986 and the overall number of enplanements for the year was the highest recorded iH the Airport's history. He stated a Grand Opening, primarily for the new facility, is planned for Juno 2, 1957; the Allegheny Com~uter Service Suburban Airlines will begin serving Richmond International Airport daily and the Co~ission awarded the new food/beverage concession to ATe Company. Mrs. Girone stated the Richmond Regional Planning District Commisaion (RRPDC) approved a new budget for fiscal year 1987-88 a~ ~he same per capita rate. She reported, although VACO efforts had failed, a bill has been passed by the General Assembly on annexation which provides a moratorium for eighteen (18) months. She stated she attended the Lake Genito Committee meeting at which a contract with the consultants for the Lake Genito Study was ratified. Mr. Dodd stated he attended the Metropolita~ Ecencmic 87-72 Development Council meeting at which a study was authorized fo= implementing foreign involvement, a resolution was approved supporting the Port Study, and Mr. Anthony Mehfo~d was elected Chairman for the upcoming year. Mr. Daniel and Mr. Mayes stated they did not have reports other than those made at this time. 7--~ST$ TO POSTPON~ ACTION, EMERGENCY ADDITIONS OR ChL%NGEM IN T~ ORDER OF PP~SENTATION Mr. Dodd requested that Item ll.B., Public Hearing to Conside~ the Adoption o~ Guidelines to Define Section 20-1.31(c) and 20-1.44(c) of the County Code Relating to the ~xtension of Utility Services Which Promotes the Economic Duvalcpment of the County, be deferred until February 25, 1987, as members of the Chesterfield Business Council would like additional time te study the matter. Mr. Daniel stated since the item has been advertised for a public hearing it would have to be heard in its scheduled sequence on the agenda; however, the request for deferral could be made at that time. On motion of the ~Lrs. Girone, seconded by Mr. Dodd, the Board deleted Item 12.C.2.o.4., Condemnation Proceedings for BuYer Road Water Line Project Against Ms. Effie G. Seargeant and Ms. Elsie S. cutchin; and adopted ~he agenda, as amended. Vote: Unanimous 8. ~OL~TIONS OF SPECIAL P~C(~ITION 8.A. MR. O. C. GRAVES, JR., OUTSTANDING CITIZP~N On motion of the Board, the following resolution was adopted: WI~EREAS, Oliver C. Graves, Jr. ia a combat veteran who was awarded four battle stars while serving in the United States Army; returned to e~ployment at Bellwood in July, 1946 where he retired in 1979 with 33 years of service and joined the ~aticnal Guard, 176 Infantry Combat Team in 1948; and W~EREAS, in October 1950, Oliver joined the Volunteer Fire Department of Chesterfield County, Chester Station Number l; is still active in the Fire Department wherehe became President cf the Board of Directors and Chaplain for the Department and paid volunteers; and W~EREAS, in 1956, Oliver joined the Auxiliary Policemen of Chesterfield County where he was promoted to Executive Officer and Captain, and in 1975 was made a Special Policeman with all police powers and his present position in the Special Police is Lieutenant, Public Relations O£~icer; and %~t~Pd~AS, Oliver is a Deacon at Beyond Branch Baptist Church, where he wa~ Chairman of the Soard for two years; is a member of the Veterans of Foreign Wars and the American Le~ion and was a member of the Board of Directors of the Chesterfield County Fair Association representing the Matoaea District 1981 - 1984; and WHeReAS, in 1986, Oliver was sworn in as a Deputy Sheriff for Court Room Security, Chesterfield County. NOW, TH~REFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby acknowledges the good fortune of the County to have Oliver C. Graves, Jr. as one of its outstandin~ public servants and as one of its citizens. Vote: Unanimous 87-73 Mr. ~ayes presented Mr. Graves with the executed resolution and congratulated him on hi~ achievements. Mr. Gr&ves expressed his appreciation to the Board for the honor bestowed upon him. SUPPORTING HERBERT C. GILL, JR. AS CIRCUIT COURT JUD~ FOR TWELFTH CIRCUIT On motion of the Board, the following resolution was adopted: W~EREA$, In September of 1987 a vacancy will arise on the bench of the yirginia Circuit Court for the Twelfth Judicial Circuit due to the retirs~ent of The Honorable Ernest P. Gates and WHEREAS, Rerbert C. Gill, Jr. is a candidate to fill thl vacancy On the bench cf the Circuit Court; and WHEREAS, The combined Chesterfield-Colonial Heights Bar Association has endorsed by acclamation, ~erbert C. Gill, Jr. as a candidate for the Circuit Court bench when said judgeship becomes available; and WHEREAS, Herbert C. Gill, Jr. was born and raised in Chesterfield County, graduated from T. C. Williams School of Law in 1971, served the County as Assistant Common- wealth's Attorney from 1971 to 1980 and since 1980 has been in private practice in ~he County; and WHEREAS, Herbert C. Gill, Jr- has consistently proven himself in the past to be a worthy and ethical lawyer, a faithful public servant and has exhibited the ty~e of demeanor necessary to be a fair and effective judge; and WHEREAS, Due to the fact that 90% of the population living within the Twelfth Judicial Circuit live in Chesterfield County and that by the year 1990 the population of the County will have grown to a figure exceeding the population of the City of Richmond, it is appropriate to select a candidate from Chesterfield County to sit on the Circuit Court bench. NOW, THEREFORE BE IT RESOLVED, by the Hoard of Supervisors of Chesterfield County that the Boar~ unanimously and enthusiastically recommends Herbert C. Gill, Jr. as a candidate for this vacancy that will arise on the bench of the Circuit Court for the Twelfth Judicial Circuit and urges the Chesterfield County Delegation to the General Assembly to support his appointment. Vote: Unanimous 8.C. PROCLAIMING FFZ~RUARY 25, 1987 AS "METRO FOOD DAY" On motion of the Hoard, the following resolution was adopted: WHEREAS, many families and individuals have a great need for food to supplement limited resources; and WHEREAS, METRO FOODSHARE DAY is a community-wide project whereby employers will ask their employees to bring canned goods on February 25th to an established food collection box or area within the company; and WHEREAS, the collected items will be taken to the Central Virginia Food Bank, which will make them available ~e 600 agencies currently registered as emergency food distribution sites in the metropolitan area. NOW, TNEREFORE BE IT P~ESOLVED, that the Board of Supervisors of Chesterfield County does hereby proclaim February 25, 1987 to be METRO FOODSHARE DAY in tho County of Chesterfield 87-74 and urges the business community and the citizens cf the Countp to participate in this unified effort to collect food and otheI personal care items to meet the local residents~ emergency needs during the winter months. Vote: Unanimous Ms. Jean smith, Director Of social Services, and Ms. JeaE Machenberg, Director of the VirGinia Food Bank, were presented the executed resolution. Mr. Daniel stated the efiorts o~ "Metro Food Day" is a classic example of people working togetheri to help those less fortunate and expressed appreciation for their contribution to the County. 9. HEARINGS OF CITIZENS ON UNSC~nm~L~D MA~=rKRS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims. 10. DEFERRED 10.A. APPOINTMENT TO PLANNING COMMISSION AND CONSIDF~RATION OF 1984 ZONING INVOLVEMENT POLICY Mr. Dodd stated, since the previous discussion on a Board appointee to the Planning Commission, he has learned that the Planning Con~i~eion members do not desire to have a Board member serve on the Commission and he withdrew the request. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board reaffirmed its 1984 policy regarding the proper involvement of the Board members in the zoning process. Ayes: Mr. Daniel, Mr. Mayes, Mr. Applegate and Mr. Dodd. Nays: Mrs. Girone, as her position on this issue has not changed. 10.B. ~$9~EST FOR REDUCED SEWER CONNECTION FEE FOR RESIDENTS ON JEAN DRIVE Mr. Welohon$ stated the request for a reduced sewer connection fee for residents on Jean Drive was deferred from the January 28, 1987, Board meeting. He stated the' request is for a reduction in the connection fee from $2500 to $1700. He stated staff recommends denial of the request because the Board has consistently adhered to a policy to uniformly impose the applicable connection fee at the time application for connection is made and any deviation would severely compromise the County's ability to collect u~iform connection fees, while at the same time jeopardize compliance with bond covenants. Mr. Wallace Lewis, representing thc residents of Jean Drive stated these residents were not included in the original survey conducted in 1983 along Re,et Road and Priend Avenue to determine which residents would agree to connect to public sewer. He stated the residents of Jean Drive feel they should be afforded service now at the same connection fee of $1700 which the residents of Friend Avenue paid. Mr. Dodd stated there were extenuating circumstances surrounding this matter and he did not feel the residents of Jean Drive should be required to pay a $2500 connection fee for public sewer since they were not included in the original survey. It WaS indicated the cost difference would be approximately $12,000. Mr. Applegate questioned how approval of the lower rate would relate to the bond covenants. Mr- Micas stated the Board is obligated under the ordinance, as well as the bond covenant~, to 87-75 charge uni£orm connection fees and in the past the Board has abided by the constraints of the ordinance. Mr. Applegate questioned if the Jean Drive situation was similar to the Lucks Lane situation whereby the difference in the cost of connection to water service could not be waived. Mr. Micas stated it was. Mr. Mayes stated he did not feel approval of this request would be a deviation from policy since the residents were not informed and should not be penalized for not knowing how to take advantage of the original survey. Mr. Welchons stated the County had not originally planned to install sewer along Jean Drive and the residents were not notified of the survey. On motion of Mr. Dodd, seconded by ~r. ~ayes, the Board approved a request from sixteen (16) homeowners on Jean Drive to reduce the sewer connection fee from $2,500 to $1,700. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd and ~Lrs. Girone. Nays: Mr. Applegate. 10.c. APPROPRIATION TO %%4E COLrNT~ MUSEUM TO CONTINUE HISTORY BOOK PROJECT Mr. Haa~er stated that the Board deferred action on a previous request to appropriate funding for the completion of the County Museum's History Book project. He mtated staff met with Mr. Ed Moseley of the MUSe%~B Co~ittee who stated that a total of $8,000 is required during FY 1987 to continue the project. He stated staii is requesting that the remaining $15,333 for publishing expenses be appropriated in the upcoming FY 1988 budget and if the $15,333 is insufficient to cover all the costs, they will advise the Board. Mr. Daniel questioned if approval of the funding for 1988 was considered as voting on next year's budget. Mr. Micas stated the Board would not be voting on next year's budget as they would only be including the issue as one of the items to be considered at the time the budget is presented to the Board. ~r. ~ayes stated money had previously been allocated for this project and, although the money reverted to the General Fund, he felt a commitment had been made and the funds should be approved. Mr. Applegate stated he felt that if the Board were to vote on the $15,333 it may be obligating itself on the issue in FY 1988. Mrs. Girone moved that the Board appropriate $8,000 from the General Fund Contingency Account and the balance of from the General Fund Balance, to continue the Chesterfield County Museum History Book project. Mr. Mayes seconded the motion. Mr. Applegate questioned the use of the amount indicated in the Board paper as the balance in the General Fund Contingency Account and if it could be used ~or funding this item. Mr. Hedrick stated the Board has the option o~ appropriating $12,639 from the General Fund Contingency Account and the balance of $10,694 from the General Fund Balance to fund this project and he reoo~e~ded such action be considered. Mrs. Girone amended her motion to appropriate $12,639 from the Seneral Fund Contingency Account and ~he balance of $10,694 from the General Fund Balance, ~or a total of $23,333, to complete the work and initiate publication of the Chesterfield County Museum History Book project. Mr. Mayes seconded the amended motion. Mr. Ramsey pointed out that the use of $12,639 from the General Fund Contingency Account would leave a remaining balance of $20,694 to be taken from the General Fund Balance, for a total of $33,333 to complete the project. ~t was indicated the figure of $15,333 was incorrect in tbs Board paper and should have read 87~76 $25,333. He $~ated a balance of $20,694 would be required from the General Fund Balance to complete the project. Mrs. Girone amended her motion to appropriate $12,639 from the General Fund Contingency Account and the balance of $20,694 from the General Fund Balance, for a total of $33,333, to complete the work and initiate publication of the Chesterfield County Museum History Book project. Mr. Mayes seconded the amended motion. Mr. Applegate expressed concern regarding the amount of money it would take to complete the project and that these £igures may be insufficient. There was discussion concerning the ramifications of appropriating the entire amount needed to complete the project during the 1987 fiscal year Or whether to fund a portion of it in Z987 and a portion in 1988, concern that the funding may be insufficient and additional funding will be needed in the future, anticipated budget cuts for FY 1987-88, etc. Mr. Applegate eXpressed concern that the Museum staff has indicated the amount of funding may be insufficient to complete the project, that they may need to come back to request additional funding and he moved to defer the item for two week~ in order to clarify how much the project will actually cost. Mr. Dodd stated he did not feel a deferral would be beneficial. There was no second to the substitute motion and the Chairman declared the motion dead for lack of a second. A restatement of the motion was called for and on motion of Mrs. Girone, seconded by Mr. Mayes, the Board appropriated $12,639 from the General Fund Contingency Account and the balance of $20,694 from the General Fund Balance, for a total of $33,333, to complete the work and initiate publication of the Chesterfield County Museum History Book project. Ayes: Mr. Daniel, Mr. Mayes, Mr. Dodd a~d Mrs. Girone. Nays: Mr. Applegate. 10.D. APPOINTMENTS - DRUG ABUSE TASK FORCE Mr. Daniel stated he would forego Dale District nominations for the Drug Abuse Task Force at this time. 11. PUBLIC HEARINGs ll.A. PUBLIC HEARING TO CONSIDER THE PROBIBITION OF ANY TRUCK OR TRUCK AND TRAILER OR SEMITRAILER COF~INATION, EXCEPT A PICK~UP OR PA/q~L TRUCK FROM USING ROBIOUS ROAD (ROUTE 675) FROM MIDLOT~IAR TUR/~PIK~ (ROUTE 60) TO RUGUENOT ROAD (ROUTE 147~. Mr. Hedrick stated this date and ~ime had been advertise~ ~or a public hearing to consider restriction of through truck traffic on Robious Road between Midlothian Turnpike and Huguenot Road. Mr. McCracken was present to address the matter. Mr. Bruce Wingo voiced his support for the prohibition of through truck traffic on Robious Road as a portion of this road is unimproved, narrow, curvy, and is a ~afety hazard. ~e stated there is poor drainage in this area and water rises above the road when there is heavy rainfall. He stated the road maintains a high volume of traffic and many accidents occur here, There wam no opposition present. Mr. Daniel pointed out that many requests, such as this, have been forwarded to the virginia Department of Transportation and the Department has been reluctant to support such requests. Mrs. Girone stated she felt it would be appropriate to ban 87-77 through truck traffic on Robious Road as such vehicles can access the commercial tracts from Huguenot Road or Route 60 and she recommended this request be forwarded to the Virginia Department of Transportation. On motion of Mrs. Girone, seconded by Mr. Applegate, the following resolution was adopte~: WHEREAS, The Chesterfield County Board of Supervisors hag received regue~t~ from citizens to restrict through truck traffic on Robious Road (Route 675) between Midlothian Turnpike (Route 60) and Huguenot Road (Route 147) by any truck or truck and trailer or semi-trailer combination except pick-up or panel trucks; and WHEREAS, the Board has conducted a public hearing on the question. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Robious Road from Midlothian Turnpike to Huguenot Road. There was discussion on improvements to this road, which had been deleted from the Huguenot Road project, and the lack of VDOT honoring such requests. Ayes: Mr. Daniel, Mr. Mayes, Mr. Applegate and Mrs. Girone. Abstention: Mr. Dodd. ll.B. PUBLIC HEARING TO CONSIDER THE ADOPTION OF GUIDELINES TO DEFINE SECTION 20-1.31 (c) AND 20-1.44 (c) OF THE COL%T~Y CODE RELATING TO T~E EXTRNSION OF UTILITY SERVICES WI~IC~ PROMOTES THE ECONOMIC DE~-ELOPMENT OF THE COUNT~/ Mr. Hedrick stated this date and time had been advertised for a public hearing to consider the adoption of guidelines relating =o the extension of utility service~ which promotes the economic development of the County. Mr. Dodd requested a deferral to allow input from the Chesterfield Business Council. There was no opposition present to the request for a deferral. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board deferred consideration of the guidelines relating to the extenmion of utility services which promote the economic development of the County until February 25, 1987. Vote: Unanimous ll.C. PUBLIC HEARING TO CONSIDER AN ORDINANCE TO A~4END THE CODE OF THE COUNTY OF CH~$TERFIELDf 1978~ AS AMENDED~ BY ADDING ARTICLE XXIII ILELATING TO HISTORIC DISTRICTS AND LANDMARKS Mr. Hedrick stated this date and time had been advertised ~or a public hearing to consider an ordinance ~elating to historic districts and landmarks. Mr. Sale stated the proposed legislation would authorize the creation of a preservation co~tmittee and establish standards for the designation and establish procedures by which plans are reviewed for work On landmarks er structures located within preservation districts. Mr. Micas stated the copy of the ordinance passe~ out to the Board prior to the meeting indicates the changes as suggested by the Planning Commission and staff. Mr. Pearsall questioned i~ the ordinance under consideration is the same as that advertised 87-78 for public hearing. Mr. Micas stated his ~nderstanding of the matter is that the Planning Commission suggested changes and those changes were incorporated i~te the revised ordinance and the Board has the option of considering or rejecting those suggestions. Mrs. Girone requested a clarification as to whether or not the suggestions by Ms. Betsy Weaver that she read into the minutes or suggeetions by the Ben Air Historical Society were included in the new document. Mr. Micas stated they were not. Mr. Applegate questioned whether or net the ordinance distributed prior to the meeting was the same as that included in the Board's packet. Mr. Micas stated it was. Mr. Bill Martex Of the Richmond Board of Realtors voiced s~pport of the concept of the ordinance and suggested several changes to the document, which included that the at-large seats on the preservation oon~ittee include property owners from the County, with one or more being a realtor; that there be two public hearings; that the standards for designation of historic districts be better defined and reflect state and national historic preservation g~idelines; that this action may be creating a potential financial hardship on property owners through mechanisms outlined and involved in the appeal and appraisal processes; suggested that the time period be limited to six (6) months for offers to sell for efficiency and cost purposes; recon~ended that the certificate of appropriateness and other such proposals be issued concurrently instead of in a two tiered process; and that a preservation manual be adopted, if available; and if not, they would like the opportunity to contribute to the development of such a manual and share their expertise. He s~ate~ the organization feels that this issue is a question of private property rights versus protection of historic landmarks and he requested the issue be deferred for further study. Mr, Carl Norris voiced his support of the ordinance and stated he felt the ordinance needs a vehicle whereby land owners are not punished for owning sites which could be considered as historic la~d~arks. Me stated there should be an incentive provided to those persons owning such sites. Mr. Bryan Walker voiced support for the ordinance and agreed that an incentive or tax break should be considered and would be beneficial in obtaining approval of this proposal. He stated a mechanism is needed whereby such sites can be preserved. Mr. Jerry Jewett stated he felt the concept of attempting to preserve historic sites in Chesterfield is a good idea; however, he felt this type of legislation would need much consideration, as it could be considered a type o~ condemnation. He stated he felt the allotted time frame for offers to sell are too long and will adversely affect the sale cf such sites, particularly since most old proPerties do not have substantial commercial values. He stated he felt a deferral of the matter would be beneficial, as mere consideration should be given to the issue before it is adopted. Mr. John Pearsall, representing the Board of the Chesterfield Historical Society, stated the proposed ordinance is a recognition that Chesterfield County is becoming mere urbanized and should be seeking to preserve the remnants of its past. He stated approval of the ordinance will provide a mechanism whereby the community and individuals will benefit from the preservation of its historic landr~arks, which are its legacies and heritage. He commended staff on the diligent efforts exhibited in the formulation of the proposed ordinance. He stated approval of this ordinance will not devalue property, is not a form Of condemnation, will increase community values and voiced support for it. MS. Charlotte Farley voiced support for approval of this ordinance and referenced Magnolia Grange as one of the County's historical landmarks which is an important contribution and 87-79 educational aspect of the County. She stated legislation of this type is extremely important as it will provide a mechanism whereby such sites as Magnolia Grange can be preserved, not destroyed. There was no one else present to address the matter and Mr, Daniel closed the p~blie hearing. Mr. Daniel Stated there are many Virginia jurisdictions which currently have historical districts and he felt the best way to study an issue such as this would be to put it in me,ion. ~e stated that through such an ordinance there are opportunities to assure that every property owner receives fair and just treatment. Ne stated he felt the ordinance is very complete and offerB a~ opportunity to begin such a process. Mr. Applegate expressed concern aB to the revised copy of material provided to the Board prior to the meeting. Mr. Micas stated the underlined language is a clarification as suggested in light of the Planning Commission's and staff's concerns but the ordinance is essentially the same as that advertised for public hearing. Mr. Applegate questioned if tbs present zoning ordinance enables the Board to zone or not zone property based on whether Or not it is designated by a speaker as having historic significance. Mr. Micas stated the Board Can currently conBider the historic significance of any building in making a zoning decision. Mr. Applegate expressed concern as to why the ordinance needed to be changed. Mr. Micas stated this ordinance does not specifiy use, which is the primary focus of the zoning ordinance, but addresses exterior appearance and demolition, which issues are not currently addressed by the zoning ordinance. Mr. Applega~e suggested that the issue be de~erred so a work ~ession could be scheduled to clarify concerns. Mr. Mayes stated he felt the preservation of human values and past relics have been ignored too long and that this ordinance Mrs. ~irone questioned why the concerns of MB. BetBy Weaver and the Ben Air Historical Society's were not addressed in the revised material. Mr. Sale stated that s~aff, in reviewing Ms. Weaver's concerns, felt the issues were already adflressed in the ordinance and that no information had been submitted regarding the concerns of the Ben Air Historical Society. Mrs. Girone stated she felt the matter should be deferred for thirty days to review the concerns expressed by interested individuals. Mr. Dodd stated he felt the County's heritage is important and should ho preserved and that the destruction of such sites iB not in the best interest of the public. Ke stated he felt it would be appropriate to approve the proposed ordinance now. Ne suggested approval of the proposed ordinanc~ with an amendment to geetion 21-211., Limitation on certificates, allowing ~welve mo~ths, not six months, for the certificate of apprcpriateneBs to become n~ll and void after the date issued. Mr. Micas cited an error in the first paragraph of Mection 21-206, page 4, of the document and asked that it be corrected to include the language as written in the version which shows the additional and deleted language. Mr. Dodd stated both amendments were acceptable. On motion of Mr. Dodd, seconded by Mr. Maye$, the Board adopted the following ordinsnce: AN ORDINANCE TO AMEND TEE CODE OF THE COUNTY OF CHEStERFIeLD, 1978, BY ADDING ARTICLE XXIII RELATING TO HISTORIC DIST~RICT$ AND LANDMARKS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (l) That Chapter 21 of ~he Code of the County of Chester~ 87-80 field, Virginia is amended by enacting Article XXIII as follows: Section 21-201. Desiqnation of historic districts. Pursuant to Sections 15.1-489 and 15.1-503,2, Code of Virginia, 1950, as amended, the board of supervisors shall have the authority to designate landmarks and landmark sites having an important historical architectural Or cultural interest and to establish historic districts within the county containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural cr artistic heritage of the county. Section 21-202. Creation of preservation committee. For the purposes of assisting in the administration o~ the provisions of this article, there is hereby created a preserva- tion committee. Such committee shall be composed of seven members appointed by the Board of Supervisors. At least one member shall be an architect or landscape architect, one member shall be a contractor, one member shall be a representative of a local historical society and one member shall be a representative of the State Division of Historic Landmarks. Members of the preservation committee shall be appointed for three-year terms, and no member shall serve for more than two consecutive terms. Section 21-203, Procedure for desig~jADq an historic districtr landmarks and landmark sites. Applications for the creation of an historic district, or the designation of landmarks and landmark sites shall be filed with the director of planning, by the planning commission, board of supervisors, the owner, contract purchaser with the owner's written consent, the owner's agent or sixty percent of the owners of all buildings within a proposed historic district. The application shall be in such form and contain such information as shall be prescribed by the director of planning. The beard of supervisors may establish application fees in order to defray the cost of application review. Section 21-204. Responsibilities of the planninq commission and preservation committee. a. Upon receipt o£ an application the~ director of planning shall, except in cases of a proposal initiated by the planning oon~ission, refer such application to the planning commission and the preservation committee for their review and report. b. Within sixty (60) days following the first meeting of the planning commission after the receipt of such proposal or application, the planning commission and the preservation committee shall hold a joint public hearing to review such application and shall prepare independent reports thereon addressed to the board of supervisors. c. Notice of such public heuring shall be given in the same fashion as provided for in Section 15.1-431, Code of Virginia, 1950, as amended. The reports prepared by the planning commission and the preservation committee shall address the effect of the designation of the proposed district or building on the future development of the county and s~eh other matters as it shall deem appropriate and shall recon~end to the board of supervisors that the proposed distric~ or landmark either be designated, be designated with altered boundaries or not be designated. Section 21-205. Action by the board of supervisors. a. Following the receipt of the recommendations and 87-81 reports of the preservation committee and the planning commis- sion, the board of supervisors shall conduct a public hearing and shall consider the request for designation of an historic district, landmark or site. Such public hearing shall be conducted in the same fashion as hearings conducted to consider amendments to the county zoning ordinance. Written notification shall be sent to all owners of property proposed for designation as an historic landmark, a landmark site, or proposed for inclusion within an historic district. Section 21-206. Standards for designation of historic districts. No area of the county or ~uil~ing located within the county shall be designated an historic district pursuant to the pro- visions of this section unless such area or building shall constitute a distinct section of the county building or building site within the county and shall have the potential to provide cultural and civic benefits by reason of the existence of at least one of the following factors: (1) The presence Of special historical interest relating to local, state or national history. (2) The presence of special character or aesthetic interest or value caused by the development pattern of the area or by natural, landscaping or topographical features of the area. (3) The presence of one or more periods or styles of architecture tyPical of one or more eras in the history of the county which gives the area a distinct character. (4) The concentration of indigenous examples of local architecture which have not been significantly altered from their original design and which have a uniform scale and derive ~pecial value from the repetition cf scale and form. (5) The presence of one c~ more distinguished buildings of high architectural quality and historic interest. Section 21-207. Certificates of appropriateness. a- Authority. The preservation committee, acting as a body, shall have authority to issue certificates of appropriate- ness, in accordance with the provisions o~thisseetio~. b. Certificate ~pquired. It shall be unlawful for any person to perform, cause or permit any construction, alteration, remodeling that would affect the exterior architectural appear- ance or property thereof; or any removal, movement or demolition of any building, structure, other improvement to the premises, including land disturbing activities which has been designated a landmark or landmark site or which is located within an area which has been designated as an historic district, and no person shall secure or issue a permit authorizing any such work unless a certificate of appropriateness with respect to such work, and in the ease of demolition of a principal structure, with respect to the new construction proposed to replace such structure, shall have first been issued pursuant to this section. Nc person shall maintain any landmark, landmark site, or property located within an historic district on which any such work has been performed in the absence of, or in violation of the terms of such a certificate. Provided, however, that reutine maintenance that does not alter the existing exterior appearance of any such structure shall not require obtaining a certificate of appropriateness. The owner of an historic land~ark or structure within an historic district shall, as a matter of right, be entitled to raze or demolish such landmark without a certificate of appropriateness provided that: (1) he has applied for such right; (2) the owner has for the period of time set forth in the schedule hereinafter set forth and at a price 87~82 reasonably related to its fair market value, made a bona fide offer to sell such landmark, building or structure, and the land pertaining thereto, to the county or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto, and (3) that no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration o~ the applicable time period set forth in the time schedule hereinafter stated. No offer to sell shall bo made more than one year after a final decision by the preser- vation committee, but thereafter the owner may renew his request to the board of supervisors to approve the razing or demolition of the historic land/~%rk, building or structure. The time schedule for o~iers to sell shall be as follows: throe months when the offering price is less than twenty-five thousand dollars; four months when the offering price is twenty-five ~housand dollars or more but less than forty thousand dollars; five months when the offering price is forth thousand dollars or more but less than fifty-five thousand dollars; six months when the offering price is fifty-five thousand dollars or more but less than seventy-five thousand dollars; seven months when the offering price is seventy-five thousand dollars or more but less than ninety thousand dollars; and twelve months when the offering price is ninety thousand dollars or mere. See~ion 21-208. Applications for certificates of apRropriate- a. Applications for certificates cf appropriateness shall be submitted to the director of planning in such form as shall be prescribed by the director of planning. b. In any case where the work to be performed in confor- mance with a certificate of appropriateness requires the issuance of a variance or approval of a zoning change or other permit or approval, no application for a certificate of appropriateness shall he accepted until such other approval has been issued. Tho issuance of any such other approval shall not be deemed to establish any right to the issuance of a certif- icate of appropriateness and such certificates shall only be issued or denied solely on the basis of tho standards established by this chapter. Section 21-209. Action by the preservation committee. a. within forty-five (45) days following the receipt of a completed application for a certificate of appropriateness, the preservation committee shall review the application and shall either grant the certificate of appropriateness without modification, grant the certificate of appropriateness with modifications or subject to conditions, or deny the certificate o~ appropriateness. b. The committee may, or at the applicant's request shall, meet with the applicant to review the application prior to rendering any decision. c. In considering such application the committee shall be guided by the purposes for which landmarks, landmark sites and historic districts are designated and by the particular standards and considerations contained in the Secretary of the Interior's Standards for Rehabilitation and amendments as adopted by the board o~ supervisors. Section 21-210. Appeal procedure from preservation committee. In any case in which the applicant is dissatisfied with the decision of the preservation committee on his application for a certificate of appropriateness, the applicant may appeal the 87-83 decision to the board Of supervisors within thirty (30) days Of the decision by filing a notice of appeal with the clerk of the board of supervisors. section 21-211. Limitation on certificates. A certificate of appropriateness shall become null and void twelve (12) months after the date on which it was issued unles~ within such period the work authorized by such eerti£icate is commenced. A certificate of appropriateness shall relate solely to the work shown on plans approved within such certi~icat~ and it shall be unlawful to deviate from any certificate of appropriateness without obtaining an amended certificate in the sams manner as herein provided for obtaining original oer=ificates. Section 21-212. Emergency alterations Or demolitions by public officials. No county official shall seek to remove, alter or demolish any structure which is a landmark or is on a landmark site or in an historic district, for the purpose of remedying conditions determined to be dangerous to life, health or safety, unless a certificate of appropriateness has been issued to permit such removal, alteration or demolition provided, however, that the certificate may require that the work not materially change or detract from the exterior appearance o~ the structure where the danger to life, health or safety m~y be aba=ed without so chang- ing or detracting from the exterior appearance. Section 21-213. A~p~eal from decision of the board of super~$- Any aggrieved property owner shall have the right to appeal any final decision of the Board of Supervisors pursuant to thi~ article by following the procedure set out in Section 15.1-503.2(c) of the Code of Virginia, 1950, as ar~ended, Section 2~-214. Penalties. In addition to the penalties so provided in Section 21 of this ordinance, any' person who demolishes, alters, or constr~cts a building, structure or site in violation of this Article shall be required to restore the building, structure or site to its appearance prior to the violation. Mr. Applegate reiterated his concern that the revised material was not that which was advertised for public hearing. Mr. Pearsall stated it was his understanding that the ordinance had not been amended and was sent back to the Board with suggestions by the Planning Commission as to how the ordinance might be amended. Mr. Micas stated the amendments as made by Mr. Dodd %o the proposed ordinance are permitted based on the advertising made. Mrs. Girone questioned if it would be the Board's desire to provide a reference in the ordinance for consideration of a tax incentive to maintain these sites and not have it taxed at the sa~e ValUe level as general real estate in the County as it is different, unique and worthy of special consideration. Mr. Daniel stated that such a recommendation would be appropriate coming from the Budget and Audit Committee if the ordinance were adopted. He stated ~he method by which to accomplish such action would be through inclusion in the budget and tax process. Mr. Micas stated he was not aware of any legislation, currently in Virginia law, that would permit special tax exemptions ~or historic districts. The vote on the motion was as follows: 87-84 Ayes: Mr. Daniel, Mr. SaFes and Mr. Dodd. Nays: Mr. Applegate, as he felt a 30 day deferral was necessary to resolve concerns. Abstention: Mrs. Girone, as she felt the entire process was badly handled. It was generally agreed the Board would recess for five (5) minutes. ll.D. PUBLIC ~EARING TO CONSIDER THE CONVEYANCE OF A ONE-HALF ACRE PARCEL IN TEE AIRPORT INDUSTRIAL PARK TO R & A PARTNERSHIP dba/COLONIAL BEAUTY AND BARBERS SUPPLY COM- PANY %rHICH PARCEL IS LOCATED ADJACENT TO THE EXISTING SITE AT 7741 WMITEpINE ROAD Mr. ~edrick stated this date and time had been advertised for a public hearing to consider the conveyance of a parcel in the Airport Industrial Park to R & A Partnership. Mr, Balderson was present representing the There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute the necessary documents for the sale o£ a one-half acre parcel (at $25,000 per acre) in the Airport Industrial Park, located adjacent to the existing site at 7741 Whitepine Road, to R & A Partnership dba/Colonial Beauty and Sarbers Supply Company. Vote: Unanimous 12. NEW~JSIRES$ 12-A. COMMUNITY DEVELOPMENT ITEMS 12.A.1. REQUEST FOR REDUCED SPEED LIMIT ON HAPPY RILL ROAD On motion of Mr. Mayes, seconded by Mr. Dodd, the followinq resolution was adopted: WMEREAS, the Board of Supervisors of Chesterfield County has received requests from citizens to reduce the speed limit on Happy Hill Road from Harrowgate Road to Route 1. NOW, THEREFORE, BE IT RESOLVED, that the Board requests the Virginia Department of Transportation to reduce the speed limit along that portion of Happy Hill Road. Vote: Unanimous 12.A.2. ROUTE 10/ROUTE 1 INTERSECTIO~ IMPROVEMENT Mr. Dodd disclosed to the Board that he owns property to the north of the Route 10/Route 1 intersection; however, he did not feel him participation in the discussion woul~ jeopardize or b~neflt this issue but he would abstain fro~ votinq o~ this issue. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved Alternative II, authorizing staff to develop with VDOT an accelerated construction schedule for the Route 10/Route intersection, authorizing the acquisition of the right of way for the project by whatever means necessary including condemnation; and authorizing the County Administrator to enter into construction contracts and take all necessary steps to 87-85 proceed with the construction of the Route 10/Route intersection. Ayes: Mr. Daniel, Mr. Mayea, Mr. Applegate and Mrs. Girone. Abstention: Mr. Dodd. 12.A.3. STREET LIGHT INSTALLATION COST APPROVALS On motion of ~r. Daniel, seconded by Mrs. Girone, the Board approved street light installation cost approvals for 4400 Beulah Road (St. Augustine Parish), in the amount of $335.00, to be expended from the Dale District Street Light Fund; and the intersection of North Pinetta Road and Redington Drive, in the a~ount of $105.00, and the intersection of North Pinetta Road and Brucewood Drive, in the amount of $129.00, to be expended from the Midlothian District Street Light Fund. Vote: Unanimous Mr. Daniel requested that Mr. MoElfish inquire as to the feasibiltiy and expense involved in installing a street light on the nearest available pole at the intersection of Ironbridge Road and Irongate Drive. Mr. Mayes inquired as to the status of the street light installation on Temple Avenue. Mr. McElfish stated he would check into the matter and advise Mr. Mayes. 12.A.4. ESTA~LIS~ENT OF POLICIES AND GUIDELINES FOR BELLWOOD/ BENSLEY HOUSING A/~D REHABILITATIO~ PROGRA~ On motion o~ Mr. Dodd, seconded by Mr. Mayes, the Board formally adopted the pelicies and guidelines for the Bellwccd/Bensley Housing and Rehabilitation Program. (A copy of said policies and guidelines is filed with the papers of this Board.) Vote: Unanimous 12.A.5. ADJUSTMENT OF BUILDING PERMIT, ZONING ~ SUBDIVISION FEES Mr. Sale stated the Board approved the creation of additional positions in the Departments of Building Inspections, Planning and Environmental Enginaering in order to properly handle increased workload. H~ ~tatsd, hewer®r, the additional positions in Planning and Environmental Engineering were contingent upon approval of a proposed fee schedule revised to cover the added positions. He stated the proposed fee adjustments do raise the revenue needed for these positions and requested that the Board forward the proposed changes to the Planning Commission for their consideration and recommendation. He stated the request before the Board is a two phase proposal whereby Phase I would raise fees to cover the increased positions and Phase II, to become effective December 1987, is designed to place the Development Review activity on a self-supporting basis. Mr. Dodd questioned if the Board paper was basically what the Board agreed to at its November meeting. Mr. Applegate questioned the source of the policy indicating the Development Review activity would become self-supporting. Mr. Sale stated this action is a recommendation of staff. Mr. Applegate stated this was not part of what the Board had decided relative to this matter. Mr. Daniel stated the Motion regarding the portion of the fee structure that was required to cover expense of the new employees was to be brought to the Bo~rd for consideration and indicated that no employee would be permanent until after the fee strut=ute was in place. Be stated the idea of additional fees for the activity to become self-sufficient, whether actually stated or an implied objective, should be formally ~7-86 adopted through the budget review proeoss, not as a part of the Board paper. Mr. Sale explained an oxamPle of these various fees on a typical residential dwellinG or commercial development. There was discussion regarding the rezonin9 and conditional use fees, an analysis of the fees, its impact on staff, what fees are neoessarM to cover the cost of new employees, recommendations of management studies, etc. On notion of Mrs. Girone~ seconded by Mr. Dodd, the Board forwarded to the Planning Commission the proposed changes in the Zoning/Subdivision fees for consideration and recommendation. Mr. Applegate expressed concern that Phase I1 of the subject paper was not included in the Board's direction to staff and questioned if the two phases will take longer than if the Board had only dealt with fees to cover the increased employoos. Mr. Hodriok stated the bulk of the increase in the fees is in Phase I and Staff felt the increase from Phase I to Phase II was substantial enough in magnitude to warrant consideration at this time. Mr. Sale stated rocruitment ~cr thess positions is ongoin~ bnt no one has been hired. Mr. Daniel stated he could support the motion provided that the analysis, as part of the study process, contained a two tier structure, with one analysis indicating what the fee should bo if only the cost of new employees is covered and one analysis covering both the cost of new employees and the fair cost of the workload. He stated with that accomplished he would ~eol the intent of the ori~inal motion was beinG adhsred to. Mrs. Girone stated that was acceptable. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board forwarded the proposed changes in the Zoning/Subdivision foos, to include an analysis of the cost of new employees and an analysis of the cost of new omployees a~d the fai~ cost cf the workload, to the Planning commission for their consideration and recommendation, with the understanding that a recommendation would be forthcomin~ as Soo~ as possible. Vote: Unanimous 12.B. CONSENT ITEMS 12.B.1. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination cf Brickhaven Drive in Ponnwood, Section ~ and a portion of Section 3, Clover Mill District. Upon consideration whereof, and on motion of Mr. Apple9ate~ seconded by Mr. Dodd, it is resolved that Brickhaven Drive in Ponnwood, section 5 and a portion of Section 3, Clover ~ill District, be and it hereby is establishod as a public road. And be it further resolved, that the Virginia Department of Transportation, bo and it hereby is requested to take into the Secondary ~ystem, Brickhaven Drive, beginning at the intersootion with existing Drexelbrook Road, State Route 2181, and Going northerly 0.16 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage easements. This road serves 18 lots. 87-87 And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50~ right-of-way for this road. These sections of Pen~wood are recorded as follows: Section 5. Plat Book 51, Page 66, November 20, 1985 Section 3. Plat Book 43, Pages 35 & 3~, June 15, 1983. Vote: Unanimous This day the County EnviroD3~ental Engineer, in accordance with directions ~rom this Board, made report in writing upon his examination of Welch Ceurt, silliman Drive and Silliman Court in Belmont Hills Weet, Section "E" and a portion of Section "A", Clover Hill District. Upon consideration whereof, and on motion of Mr. Applega%e, seconded by Mr. Dodd, it is resolved that Welch Court, Silliman Drive and $illiman Court in Belmont Hills West, Section "E" and a portion of Section "A", Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary system, Welch Court, beginning at the intersection with existing Welch Drive, State Route 2199, and going northerly 0.12 mile tQ end in a cul-de-sac; Silliman Drive, beginning where State Maintenance ends, existing $illiman Drive, State Route 2193, and going westerly 0.03 mile to the i~tersection with Silliman Court; and Silliman Court, beginning at the intersection with silliman Drive and going southerly 0.11 mile to end in a cul-de-sac. This request is inclusivs of the adjacent elope, sight distance and designated Virginia Department of Transportation drainage easements. These roads serve 29 lots. And be it further resolved, that the Board of Supervisors guarantee~ to the Virginia Department of Transportation a 50' right-of-way for all of these roads. These Sections of Belmont Eills West are recorded as follows: Section "E". Plat Book 44, Page 2, September 12, 1983. Section "A". Plat Book 24, Pages 7 & 8, April 21, 1975. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions ~rom this Board, made report in writin~ upon his examination of Willowynde Court in Woods Edge, Section 4, Bermuda District. Upon consideration whereof, and on motion of Mr. Applegate, seconded by Mr. Dodd, it is resolved that Willowynde Court in Woods Edge, Section 4, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Willowynde Court, beginning at the intersection with Willowynde Road, State Route 3371, and running southerly 0.01 mile to end in a cul-de-sac. This request is i~clusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage easements. 87-88 This road serves 10 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a right-cf-way for this road. This section Of Woods Edge is recorded as Section 4. Plat Book 47, Page 59~ october 17, 1984. Vote: Unanimous This day the Co%%~ty Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Loch Banif Road in Loch Baven, Clover ~ill District. Upon Consideration whereof, and on motion of Mr. Applegate, seconded by Mr. Dodd, it is resolved tha~ Loch Banif Road in Loch Haven, Clover Hill District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is requested to take into the Secondary System, Loch Banif Road, beginning where State Maintenance ends, existing Loch Eani~ Road, state Route 2395, and going westerly 0.20 mile to end in a temporary turnaround. This request is inclusive of the adjacent slope, sight distance and designated Virginia Department Of Transportation drainage easements. This road serves 20 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for this road. Loch ~aven is r~corded as follows: Plat Book 28, Page 16, February 10, 1977. Vote: Unanimous 12.B.2. INDIRECT COST ALLOCATION PLA~ On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to take the necessary steps to enter into a thr~ year contract, with an option for a tWO year extension, wi~h David ~. Griffith and Associates, Ltd., for au Indirect Co~t Allocation Plan. IIt is noted that fees are contingent upon the County receiving recoveries from the federal programs as a result of the plan.) Vote: Unanimous APPROPRIATE $25r000 DONATION FROM CITY OF RTC~OND FOR. HENRICUS PAP~ On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and appropriated the donation of $25,000 from the City of Richmond to the Department of Parks and Recreation to assist with the development, maintenance and promotion of ~enricus Park. Vote: Unanimous 87-89 12.c. UTILITIES ITEMS 12.C.1, WATER ITEMS 12,C.l.a. INTERJURISDICTIONAL AGREE~IENT FOR STUDY OF LAKE GEMITO PROJECT Mr. Micas stated the Board is being requested to appropriate $60,000.00 from the Water Depart~ent fund balance as the County's share of Phase I cf the Lake Genito feasibility study. He stated the Counties of Chesterfield, Powhatan, Amelia and Cumberland have formed a co~umittee to investigate the feasibility of constructing the Lake Senito project and organizing alternatives for building and managing the project. He stated the interjurisdi~tional cost sharing for Phase I is based on population as indicated per the agreement previously approved by the Board. On motion Of the Board, the following resolution was adopted: WHEREAS, this County and the Counties of Powhatan, Amelia and Cumberland (the "Cooperating Jurisdictions") have each ap- pointed three voting members to an interjurisdietional committee, the Lake Genito Study Committee; and WHEREAS, the purpose of the Lake Genito Study Committee is to explore the desirability and feasibility of the development of a water impoundment ("Lake Genitc") in Powhatan, Amelia and cumberland Counties to serve as a future source of water for the Cooperating Jurisdictions and to serve other purposes; and WHEREAS, the Lake ~enito Study Committee previously recom- mended that a consultant should be employed to perform a study (the "Lake Genito Study - PACC, First Phase") of and prepare a report concerning various aspects of the proposed Lake Genito Project; and WHEREAS, during the First Phase of the Lake Genito Study - PACC (the "First Phase"), the consultant shall project the water supply needs of the Cooperating Jurisdictions and shall study and advise the Cooperating Jurisdictions whether Lake Genito is feasible as a long-range water supply source, whether, in view of the projected water supply needs and the anticipated costs and benefits of developing Lake Genito, further study of Lake Genito by the Cooperating Jurisdictions is warranted, and what organizational approaches should be employed, during further study and development of Lake Genito; and WHeReAS, by agreement dated July 2, 1986, the Cooperating Jurisdictions agreed to employ a consulting engineer to perform the First Phase; and WHEREAS, pursuant to the July 2, 1986 Agreement the Coop- erating Jurisdictions in September of 1986 issued a Request for Proposal for the First Phase; aa~ W~EREAS, the Cooperating Jurisdictions received numerous p!oposals for the study and have through their Lake Genitc Study Co~%mittee, in accordance with the competitive negotiation pro- visions of the Virginia Public Procurement Act, selected Black & Veatch, Inc., Consulting Engineers, of Rockville, Maryland (the "Engineer") as the top-ranked offeror; a~d WHEREAS, the Cooperating Jurisdictions, through their Lake Genite Study Committee, and the Engineer have negotiated a contract (the "Contract") among the Cooperating Jurisdictions and the Engineer for the performance of the First Phase, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Lake Genito Study Committee has recommended that the Cooperating Jurisdictions enter into the attached Contract for the performance of the First Phase; and 87-90 WHEREAS, tho Board believes that there are certain benefits which may result to the County from development of Lake ~enito, which benefits may include development of a future water source, economic development, recreational opportunities, and other benefits to the County; and WHEREAS, in view of the possible benefits to the County from a Lake Genito project, the Board believes it is in the best interests of the County to enter into the attached Contract for the performance of the First Phase of the Lake Oenito Study - PACC; and WHEREAS, the Board recognizes that the attached Contract is for the performance of the First Phase, and describes but does not authorize the performance of the Second Phase of the Lake Genito Study - PACC. During the Second Phase, if subsequently authorized by the Cooperating Jurisdictions, the consultant would develop three rOOOK~ended alternatives for the development of Lake Genito; and WHEREAS, the Board recognizes that the $68,000 cost of the First Phase shall be apportioned among the Cooperating Juris- dictions on the basis of population and that the share o~ each Cooperating Jurisdiction is as follows: County of Powhatan - $4,743; County of Amelia - $2,974; County of cumberland $2,796~ County of Chesterfield - $57,487. NOW, THEREFORE BE IT RESOLVED, that the County Administrator is hereby authorized to execute on behalf of the County the interjurisdiotional agreement for the First Phase of the Lake Genito Study - PACC attached hereto as Exhibit A; and BE IT FURTHER RESOLED, that the amount of $57,487 is hereby appropriated from 5B (water) fund balance to 5H-5217-724E to fund the County's share of the cost of the First Phase of the Lake Genito ~tudy - PACC and that said $57,487 amount shall be deposited with the Chesterfield County Department of Budget and Accounting concurrent with the execution of the attached Contract and shall be held and disbursed by the Chesterfield County Department of Budget and Accounting in accordance with the Contract. Vote: Unanimous On motion of the Board, ~he following resol=~ionwas adopted: WHEREAS, by Resolution adopted this same date, this County and the Counties of Powhatan, A~elia, and CUmberland (the "Coop- erating Jurisdictions") agreed to enter into a contract for the performance of the First Phase of the Lake Genito Study - PACC (the "First Phase") and the Cooperating Jurisdictions have collectively appropriated sUms totalling $68,000 to fund the lUmp sam fee for the First Phase; and WHEREAS, the Lake Genito Study Committee has recommended and this Board finds tha~ it would be in ~he best in~erests of this County and would promote the successful completion of the First Phase if each Cooperating Jurisdiction appropriates an additional amount, equal to ten percent of its share of the $68,000 lump slim fee for the First Phase, to create a contingency fund (the "Lake Genito Study PACC Contingency Fund") which could be used to fund change orders; and WHEREAS, each Cooperating Jurisdiction is expected to adopt a resolution substantially the same as this Resolution, which is adopted in consideration of adoption of such resolutions by the other Cooperating Jurisdictions. NOW, THEREFORE BE IT RESOLVED, that the amount of $5,749 is hereby appropriated from 5B (water) fund balance to 5H-5217-724E 87-91 to fund the' County's share of the Lake Genito Study PACC Contingency Fund; and BE IT FURTHER RESOLVED, ~ha~ the $5,749 amount shall be deposited with the Chesterfield County Department of Budget and Accounting, which shall hold and dispurse such funds upon direc- tion of the Lake Genito study Committee, which is hereby au- thorized to use such funds to fund any change orders to and modifications of the contract for the First Phase of the Lake senito Study - PACC (the "Contract'~) which it deems necessary or desirable; and BE IT FURTHER RESOLVED, ~ka~ change erders or modifications authorized hereunder shall not exceed the total amount of the Contingency Fund and no Cooperating Jurisdiction shall have any liability pursuant to this resolution in excess of its share of the Contingency Fund~ and BE IT FURTHER RESOLVED, that any funds remaining in the Contingency Fund at the end of the First Pha~e Or upon any termination of the Contract for the First Phase shall be used first to pay for any outstanding change orders cr modifications authc:ized pursuant to this Resolution and shall then be distributed to the Cooperating Jurisdictions pro rata based on their funding contributions or as otherwise directed by unanimous vote of the Cooperating Jurisdictions; and BE IT FURTHER RESOLVED, that no portion of the Contingency Fund shall be expended unless all Contingency Fund contributions are deposited with the Chesterfield Department of Budget and Accounting concurrent with the execution of the Contract, and in the event all contributions are not received by that date, each contribution which has been received shall be i~t~ediately repaid to the contributing Cogperating Jurisdiction. Vote: Unanimous 12.C.l.b. REgUEST FOR PUBLIC WATER ON WHITEHOUSE ROAD Mr. Welchons stated that, as a result of a petition, the Utilities Department has conducted a survey on Whitehouse Road to determine the number of residents who would sign contracts to connect to public water. He stated 7~4%. of the residents desire connection to public water. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved and authorized the Utilities Department to proceed with the request for public water on Whitehouse Roa~, which project will be funded from the FY 86-87 Capital Improvement Budget, water line extensions to existing subdivision. It is noted the estimated cost of this extension is Vote: Unanimous 12.C.2. RIGHT OF WAY ITEMS 12.C.2.a. SET PUBLIC HEARING DATE TO CONSIDER RENTAL OF COUNTY OWNED PROPERTY AT 3761 COLLIER HILL ROAD On motion of Mr. Daniel, seconded by Mr. Dodd, the Board set the date of March 11, 1987, at 7:00 p.m., for a public hearing to consider rental of County owned property at 3761 Collier Hill Road. Vote: Unanimous 87-92 12.C.2.b. REQUEST FRO~ ~4R. A~D MRS. R. L. BATES TO AID IN ACQUIRING SEWER EASEMENTS Mr. Welchons stated the Hoard is requested to authorize stair to assist Mr. and Mrs. R. L. Bates in acquiring offsite sewer easements ~o serve their property along Hull Street Road, wezt of GregorTf Pond Road, which easements they have been unable to obtain from the property owners. On motion of ~r, Applegate, seconded by Mr. Dodd, the Board approved and authorized the Right of Way Manager to aid Mr. and Mrs. Bates in acquiring offsite sewer easements to serve their property along Hull Street Road, west o! Gregory Pond Road, provided they execute a contract with the County agreeing to pay for all the costs. Vote: Unanimous 12.c.2.c. CONSIDER CONDEMNATION PROCEEDINGS FOR BUFORD ROAD WATER LINE PROJ~CT 12.c.2.c.I. MR. AND MRS. JON M. ALBRIGHT On motion of Mrs. Cirone, seconded by Mr. Daniel, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners ii the amount set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on February 12, 19~7, e~ the County's intention to enter upon and take the property which is to be the subject of said condemnation proceedings. This action is on an emergency basis and the County intends ~o exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virginia, Jon M. and Buford Road Water Line Project $1,107 Gina E. Albright Vote: Unanimous 12.C.2.c.2. MR. AND MRS. DAVID A. DECOOK On motion o~ Mrs. Girone, seconded by Mr. Daniel, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on February 12, 1987, of the County's intention to enter upon and take the property which is to be the subject Of said condemnation proceedings. This action is on an emergency basis and the County intends to exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virginia. David A. and Bulord Road Water Line Project $1,881 Helen R. DeCook Vote: Unanimous 12.c.2.¢.3. MR. AND MRS. CHARLES B. ADAMS On motion of Mrs. Girone, seconded by Mr. Daniel, the Board authorized the County Attorney to institute condemnation proceedings against :he following property owners if the amount set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on February 12, 1987, o~ the County's intention to enter upon and take the property which is to be the subject el said condemnation proceedings. This action is on an 87-93 emergency basis and the County intends to exercise immediate rig~ of entry pursuan~ to Section 15.1-238.1 of the Code o~ V~. Charles H. and Buford Road Water Line Project $ 632 Athleen M. Adams Vote: Unanimous 12.C.2.c.5. MR. AND MRS. LEWIS B. FISHER On motion of Mrs. Girone, seconded by Mr. Daniel, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount set opposite their names is not accepted. And be it ~urther resolved that the County Administrator notify said property owners by registered mail on February 12, 1987, of the County'~ intention to enter upon and take the property which is to be the s~bjee~ oi said condemnation proceedings. This action is on an emergency basi~ and the County intends to exercise immediate right of entry pursuant to Section 15.12238.1 of the Coda of Virginia. Lewis B. and Bu~ord Road Water Line Project Dorothy D. Fisher Vote: Unanimous 12.C.3. CONSENT ITEMS 12.C.3.a. CONTRACT FOR WATER LINE ON OLD ~TA~E ROm On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved and authorized the County Administrator to execute the necessary documents awarding contract W86-44CD, for construction of the water line on Old Stage Road, to the low bidder, Richard L. Crowder Construction, Inc., in the amount of $157,597.50~ and transferred $16,387.41 from 5N-5835-442N to 5E-5835-644M to cover contingencies. Vote: Unanimous 12.c.3.b. AMENDED SEWER CONTRACT FOR MAYFAIR ESTATES~ SECTION D A~D ~0R~ON OF S~C~ZON ~ On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved and authorized the County Administrator to execute any necessary documents for the following amended sewer comtraet: Sewer Contract Number S86-142CD/7(8)6E29, Mayfair Estates - Section D and Portion of Section B: Developer: Irvin G. Homer Contractor: Piedmont Construction Co., I~o. Total Contract Cost: ~87,407.50 Total Estimated County Cost: $ 9~542.50 (Cash Refund) Estimated Developer Cost: $ 77,865.00 Number of Connections: 48 Code: 5P-5724-8009 Vote: U~animcus 12.c.3.c. DEED OF DEDICATION ALONG R!VERWAY ROAD FROM MR. AND MRS. RALPE TNONER, JR. On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved and authorized the County Administrator to execute a deed of 87-94 dedication accepting, on behalf of the County, the conveyance of a 30' strip of land along Riverway Road (Route 659) from Ralph Thoner, Jr. and Barbara Thoner. (A copy cf the plat is filed with the papers cf this Board.) Vote: Unanimous 12.C.3.d. DEED OF DEDICATION ALONG HUGUENOT ROAD FROM SOUTH- EASTERN ASSOCIATES, iNC. On mo~ion of Mr. Dodd, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute a deed Of dedication accepting, on behalf of the Cou21ty, the conveyance o~ a 20' strip of land along Huguenot Road from Southeastern Associates, Inc. a Virginia Corporation. (A copy of the plat is file~ with the papers of this Board.) Vote: Unanimcus 12.C.3.e. DEED OF DEDICATION ALONG 9UALLA ROAD FROM MR. MATTHEW J. HAMILTONr JR. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved aD~ authorized the County Administrator to execute a deed of dedication accepting, on behalf of the County, the conveyance of a 30' strip of land along Qualta Road (Route 653) from Matthew J. Har~ilton, Jr. (A copy of the plat is filed with the papers of this Beard.) Vote: Unanimous 12.C.3.f. DEED OF DEDICATION NORTH OF MALL DRIVE FROM WOOD- LANDS A~GCIATES On motion of Mr. Dcdd, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute a deed of dedication accepting, on behalf of the County, the conveyance of a variable width strip of land North of Mall Drive (Route 819) from Woodlands Associates, A Virginia Limited Partnership. (A cody of the plat is filed with the papers of this Board.) Vote: Unanimous 12.C.3,~. V~CO ~ASEMENT FOR THE FALLING CPdEEK SEWAGE pUMPING STATION On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved and authorized the Chairman of the Board and the County Administrator to execute an easement with VeDee for a 15 foot wide underground easement to serve the Falling Creek sewage pumping station. (A cody of the plat is filed with the papers! of this Board.) Vote: Unanimous 12.4. REPORTS Mr. Welchons presented the Board with a report on the developer water and sewer contracts executed by the County Administrator, 12.D. REPORTS Mr. Eedrick presented the Board with a status report on the General Fund Balance, General Fund Contingency Account, RoadI Reserve Funds, Capitalized Lease Purchases, District Road and Street Light Funds and schedule of School Literary Loans, 87-95 Mr. Hedriok stated the Virginia Department of Transportation has formally notified the county of the acceptance o£ the followinc streets into the State secondary System: ADDITIONS: LENGTH ~ILLTC~ F~d~J~S ~UBDIVI~if~N Route 3580 (Hilltop Farms Drive) - From Route 717 to Route 3582 0.14 Mi Route 3581 (Hilltop Farms Terrace) - From 0.04 mile west o~ Route 3580 to 0.04 mile east o~ Route 3580 0.08 Mi. Route 3582 (Hilltop Farm~ Drive) - From 0.05 mile west o~ Route 3580 to 0.07 mile east of Route 3580 0.12 Mi. BRANCH'S TRACE, PHASE I Route 940 (Stable Gate Road) mile north of Route 655 - From Route 655 to 0.08 0.08 Mi. CRADDOCK POINT SUBDIVISION~ SECTIONS 1 & 2 Route 3570 (~and Kills Drive) - From Route 1/301 to 0.16 milo west of Route 3572 0.30 Mi. Route 3572 (Pine Meadows Circle) - From Route 3570 to 0.20 mile northwest of Route 3570 0.20 Mi. 12-E. EXECUTIVE SES$IO~ On motion o~ Mr. Dodd, seconded by Mr. Daniel, the Board went into Executive Session to consult with legal counsel concerning Chesterfield County versus Brown Boveri, pursuant to Section 2.1-344 (a) (6) of the Code e£ virginia, 1950, as amended. Vote: Unanimous 13. ADJOURNMENT On motion of Mr. D0dd, seconded by Mrs. Gir0ne, the Board adjourned at 9:45 p.m. (~ST) until 2:00 p.m. on February 18, 1987. Vote: Unanimous Richard 'L. Redrick County Administrator 87-96