06-12-91 Minutes M. D. ~ullivan, Chairman
C. F. Coffin, Jr., vice Chrm.
Marry o. Daniel
Jesse J. 5layes
Lane B. Ramsey
oonnty Administrator
~. ~. Amy Davis,
Asst. to Cc. Admen.
Clerk to the Board
Mr. John R. BoyRin, A~st.
Der., General Services
Human Services
Mr. Steven L.
County Attorney
Fats. Pauline A. Mitchell,
Der.; News & Public
%n£ermatien Services
col. J. E. Pittman, Jr.,
Chief, Dev. Review,
Planning
Mr. Richard F. Sale,
Deputy Co. Admen.,
Cemmunlty Development
Dir., Budget & Management
Dir., utilities
Mr. Sullivan called the regularly scheduled meeting to order
at ~:~0 p.m. (DST).
Mr. Ramse¥ requested ~efore the Board begin its work s~ssion,
to conmider adoption of a rome]orion approving the sale of
$2t,000,000 in bond anBici~a~ion not~s which the Board
a~t4horiz~d ~t it~ ~ay 22, 1991 meeting and which staff was
expected to close on the sale in the morning.
S~I.080~D~9_IN_BOBD_A~TICIPAT~ON.N~TES
On motion of Hr. Apple~ute, seconded by I~r. Currin, the Board
R~solut~on Approving the ~ale of $Zl,000,000 in Bond
Hr. Ha~er stated that ztaff had received four bid~ in which
Leman Bro~er$ of Hew York was =he low bidder with a net
inte~e~t cost of 4.~98 p~rcent for a six month period in which
the bond notes will became due and Dayabl~ on D~c~mb~r
1991. ~r, Ramsey stated ~at this action would car~ School
projects to ~ov~bar, L991 when ~he next Bond sale
by not lending the School System money from the Gene~&l Fund
in which the Schools would have been charged the County's
invest~ment rate.
After brief discussion, on motion of the Board, the fellcwing
A RE~OLUTION A(X~PTING A PIiO~OSAL FOR T~ P~E
~IC~ION N~E~, ~ZS 9F 1991, OF 'r~ ~ OF
rasolutlon adopted by thim Board on Nove~er ~8,
entitl$~" A R~$0L~I0~ A~KORIZING ~D PROVIDING FO~ T~E
~RED THIRTEE~ THOUS~D DOL~S ($2~,Zla,O00) Principal
OF NOT TO EXCeeD ~I~TEE~ ~LLION ~L~ ($15,0OO~OOO)
"~e~e~ for Proposals") os ~enLy-on= Million Dollars
($21,000,000) principul amount of General Obligatfon ~lic
Improvement ~on~ Anti=ipation Notes, Series of 1991 (the
for the purchase Of th~ Notes would be received by
~half of the co~ty~ at ~e offices of the D~puty
A~ini~trmtor, RO0~ $04, 5th Floor, Chesterfield County
Administration Building~ 9901 ~ri Read, Che~t~rfi%ld,
Virginia, ~3~5~, un~il 11:00 A.M., ~astern Daylight Tim~, un
propo~al$ would be 9ubli=ly opened.
Pursuan~ to the ~e~est for Proposals, four (4)
names of the ~roposer ~ubmi~=ing ea~ ~uch proposal, the
p~rchus= price for the Bondm specified in each ~uch proposal
and the interest rate specified ~n each such proposal are
follows:
Lehman Brothers 4-~0% $21,210 4.298%*
Prudential Securities/ 4.75 a~,100 4.339
Ch~iaal
Paine Webber 4.40 0 4.400
Cen~al Fidelity Ba~ 5.74 0 5.740
*Winning Bid
After du6 consideration of all such proposals,
Board finds that (a) ~hman ~rothers (the "~rchaser") is a
res~onslble pro~oaer~, (b) of the proposals r~ceivad, the
purchase the Notes at the lowest interest cast to th~ Count~
and (=) the Proposal is the b~t proposal received, is
and should b~
91-375 6/12/91
SECTION 2. ~caeotance of ~rsposa~. The Proposal,
being a prORoSal to purchase the Note~ at the price of
$21,00~,000, plus accrued interest from the date of the Notes
to the date 0£ delivery thereof by the county and payment
therefor by the ~urchaser, with the Notes to bear interest st
the rata of 4.5~ per centum (%) per annum, with a pr~miu~ of
$~1,~1D yielding a net interest cost of 4.298% is hereby
asoepted and the Notes are hereby awarded to the P~rchaser.
SECTION 3. Good Faith Deeosit. The good faith
deposit of the P~reha~r in the amount of $210,S00 to De wired
to the County Treasurer in aeoerdance with t~e Reques~
Proposals shall be deposited by the County Treasurer and the
proceeds thereof credited against the p~rcheee price due for
the Notes upon delivery or retained as and fo~ liq~idated
damages in the case the Purchaser fails to a~eept dnllvery of
and pay for the Notes in accordance with the Proposal.
SECTICN 4. ADDroval of the Details Of
The detail~ of the Notes set forth in the Request for
~reposals are hereby rati£ie~, approved and confirmed. In
accordance with the provlelon~ of the Authorizing Resolution,
the Request for Proposals an~ the l~eposal, ~he Notes shall be
designated and known as "General Obligation Dublic Improvement
Bo~d A~tioipatien Netns, Series of 1991". The Notes shall he
dated Suns 19, 1991; ~ha!l be nu_~bered from NO. R-1 Upwards in
order of issuance; shall be issued in fully registered form ~n
the denomination of $100,000 each or any integral multiple
thereof; shall ~ature on December 13~ 1991~ and shall bear
interest from their date at the rate spe¢ifiod in Section
he, eof payable at maturity.
The Notes shall be in the form appended ~erets am
~xhibit A.
SECTION 5. Execution and Delivek-v O~ the ~etss.
The Chei~an and Clerk to this Bsa~d~ the County
A~ministrater, the county Treasurer and other appropriate
officers, ~mploy~es and ugenh~ Of the County a~e aathorized
and dires~ed to ~aEs all s~cB so, ion and to execute such
instrument~ as shall he defamed by them to be necessary er
appropriate tn affect the execution and issuance of the NOtes
and the delivery of the Note~ to the Purchaser in accordance
with the terms of the Proposal, the Request for Proposals, and
this resolution, upon receipt of the p~rchane price therefor
as set forth in Section 2 hereef~ and for the proper
application and use of the proceeds of such sale.
SECTION 6. Ratification. The action of tho County
Administrator in causing t~e Request fs~ Proposals to be
distributed, and the form and contents of the Request for
P~epo~aIs and all actions and proceedings heretofore taken by
this Board, the County Administrator and the other officers,
employees, agents and attorneys of the County in connection
with the issuance and and sale of the Notes, are hereby
ratified and confirmed.
SECTION 7. Filing of This Resolution. The County
Attorney is ~ereby authorize~ an~ directed to file a copy of
his re~olution, certified by the Clerk of this Beard tc be
t~us a~d oorrsut copy hereof, with the Circuit Cour~ o~ the
County of Chesterfield.
SECTION 8. Invalidity of Sectio~. ~arao-~aDhs.
C~aUm~S er Provisions: Inconsistent Provisions. If any
eectlon, paragraph, clause or prevision of this resolution
shall be held invalid or ~nenforceable for any reamon, the
invalidity or unenforceability of such section, paragraph,
claume or provision shall not affect any of the remaining
portions of this resolution.
91-376 6/12/91
TO the ~xtent the provision of the Authorizing
Re~ol~tio~, incl~di~q in particular Smction 9 thereof, are
inconsistent With the previsions of th~ ~esclmtion, th~
provisions of this re~ol~tie~ shall be controlling over the
iuconsist~n~ provision of the Authorizing Resolution.
SECTIO~ 9. ~sadin=s or__Sections. The heading~ Of the
sections of this resolution shall be solely for convenience of
reference and shall not affect the ~eaning, construction,
interpretation er effect of such sections or cf this
resolution.
SEC~ION 10. Effective Date. ~is resolution shall take
effeot upon its a~ephion.
Vste: Unan~cu~
~r. Ramsay ~tated that the Board had da~erred action at
April 24, 1991 nesting regarding the increase ~n connection
fees until June Z~, 1991.
Mr. Sale stated that the increase in the water connection fee
would he used to f~nance inprevements to water availability
and distribution. He presented an ore,Jew on water
availability and p~uk day d~an~ and $$ated that if the
have to put restrictions on water osage.
Discussion, co~nts, and questions en~ued r~lative to the
the City of Ric~ond; developmmnt Of Lak~ Genito; water
oaDRc~=y of ~he James River; and the potential capacity for
water in the metropolitan area;
~. Welchons presented a brief overview of th~ projeotm that
had been appMowed i~ the Capital Improvement Pro,am.
Discussion, Co,ants, and ~est~on~ ~nsued relative to
replacement and eMDanmi0n of ~roje=tm and ~s used to fund
the projects; and ~e County'~ a~eement with th~ City
Richmond regarding water ca9acity and condition of ~ir water
~. Sale stated that based on faworabl~ bld~ received by
County in the recent past and what was anticipated to be
received in ~ furze, st~ff would reoo~d no cha~ge i~
oonn~u=ion f~e a~ a net gain but a ~eco~endation of
increase of $715 in the wmt~ conneotiO~ fee and a d~crease
$715 ~n ~ ~ew~r connection fee. ~. Daniel inquired if this
reco~endatlon addressed th~ ~o~ebuild~r~ concerns and
it did.
~. Ap~legate in, ired if the new ra=e for ~ Oo~ection fee
would apply to those in existing subdlvi=ion~ who have
Mayas in~ire~ if =he connection fee would affect residents in
~e Glebe Point Subdlvi~io~, Mr, Sal~ ~tated that the
for Gle~ Point Subdivision wa~ not included i~ the capital
alts~atlve pollcy befor~ voting,
Point s~division'~ r~e~t for water service; which
~ivi~iun~~ ru~e~ fur water servic~ had been
91--377 6/12/91
~dr. Hammer presemted a detailed overview of the proposed
sanitary haulers franchise ordinance an~ stated t. hat the
ordinance originated when the Budget was developed and had
included in it an appropriation supported by franchise fees to
support County-wide recycling pr0gr~m~, N~ reviewed the state
Department of Waste Manaqe~ent's regulations for recycling,
the study on regional recycling, the Beard appointed Recycling
Committee, the C~ntral ¥irginia Waste Mamaqement Authority and
~hc Pile% du~bside ~eoyeling Program. He ~tated that although
recycling would net some re~snue to help offset costs, the net
~ffect of recycling was ~hat it needed to pay for
through fee structure. Ke stated that the Recycling
Co~ittee's recommendation was that recycling should be
integrated in the haulers' fee because a u~er pays a base cost
and the ~aulers decide =heir ~ricing structure which includes
a tipping fee but that the tipping fee does not always come
back to ~he County. He stated that 20 ~c 2~ ~arce~= ~I the
hailers' ~o~t r~lates to tipping fees and that the Recycling
Committee also felt that in the long-term it would bc mote
beneficial to attach a fee to the haulers' fee because it was
a solid waste charge rather than levying a fee through some
other mechanism with nc relationship to solid waste.
~. Applega~ inquired i~ the hauling industry and the )card
were represented on the Recycling Committee. F,_~, Ha~er
stated that thc Doar~ had appointed an industry and two Board
member representatives to the Co~ittee.
~hi. ~ammer stated that if the C~bside Recyclin~ Prc~ra~ was
ex~ended to all the slnglc family households, it would
$1.~5 million a~ually and that Brats law recfuires the County
to report on recycling activities and, bhcre£ore, ~here needed
to be a mechanism included in the ordinance to report
recycling activities.
Mr. Daniel stated ~hat ha felt the ordinance had been labeled
incorrectly and should have been advertised as a recycling
ordinance since the Recycling Cor~ittee'e goal was to develop
a method for recycling. /~r. Hicas indicated that the Charter
provided authority for this type of ordinance to pE0vide for
franchising.
Mr. Ham~er stated that franchise fees would be used to extend
~urbsi~e collection to more households, for drop off centers
in rural areas, and for recycling at =i%e landfills. He s~a%ed
that the ordinance would give the haulers an opportunity to
collect the 10 percenn fee and remit it to the County
quarterly or for every customer on a pro-rated basis, they
could offer curbslde recycling as long as they handle all five
waste type~. ~e ~tated that they were off~rlng thi~ type of
arrangement because there are haulers in the County already
c££ering recycling services.
Kr. Currln inquired if residents using the landfills who
brought recyclable material, if the $2 fee was waived to those
recycling. Mr. Hammer stated that effective July l, 1991
residents bringing refuse to ths landfill ars to be charged
the $2 fee and that the landfills are not self-sustaining and
presented what cuts would be necessary if the $~ fee was
eliminate~. F~. ~aniel stated that he had many
expressed by citizan~ concern~n~ the $~ fee.
Mr. Mayas stated that he f~lt the safe disposal of solid waste
was the responsibility of the government and its citizens and
that recyol£~g is only a part cf the problem and that the
Co~l~ty needed to address the entire problem and develop a
policy on public safety matters.
Discussion, comments, and questions ensued relative to past
Board policies and which policies should be fee supported.
M~. Hammer stated that if the tipping fee~ at the landfill
wore to pay for recycling, the landfill charge would have to
be inoreased by $40 per ten and that this would ~upport a
recycling program that would cost $2 million aRRually. He
further reviewed the o~dinanee and the concerns uddressed by
the haulers.
F~r. ADplegate excused himsel£ $~om thc meetin~ to attend
Clover Hill High School graduation exercises.
additional personnel needed to collect th~ fees; the schedule
Recycling Co~ittee and the concernm expresxed by the haulers
in the County; and ~ho feo~ ~a~ would b~ collected ~y tho
County qUart=fly.
but do not reside in t~e County, money collected for business
license ta~e~ im done i~ other Jurisdictions.
M~. Daniel stated that he felt the ordinance had been
mislabeled therefore causing misunderstanding and confusion
for the citizens and that the or~t~auce ~hould be remanded to
should be represented on the Committee.
~_r. Maye~ re~tated that he felt recycling i~ only a part of
proble~ of health, ea£e~y and welfare as it relate~ to this
issue.
M~. Cnrrin stated he felt that although the ordinance was
state mandated, +_here neede~ %e be more inDut from ~he hauling
and needs to eduoate amd inform the public regarding
recycling.
pu~llo's support in order to be successful and that he had
received overwhelming input fr~a the p~blic regardln~ the
ordlnanoe in which he felt al~o came from the ordinance being
mislabeled and felt that a different method of ap~roachiag the
ordinance was needed in order to achieve successful recycling
re~ult~ ~nd to meet the criteria mandated by the State.
Kr. Ra~sey clarified that the $2 fee for the landfills wa~ not
a psl~ of the proposed ordinance but was adopted in the Budget
and would be implemented on July 1, 1991.
1.C. H~"TIEWOF 1991 GI~FERA~ASS~LY~LATION
~r, Ra~ey ~tated that due to the 1991 General Assembly
legislation that was adopted, the County ha~ the option of
adopting the following o~dinanees and ~equested the Board to
authorize the se=ting of ~uhlio h~aring da=e~ for tho$~ %hey
felt appropriate.
?dr. Minckm reviewed ~e chang~ affecting the County which
woul~ re, ire furth~ Board action ~nd the changes affecting
th~ CQ~ty for whi~ no action was required.
91-379 6/z2/91
After brief discussion, it was the general consensus of the
Board that publlc hearing dates should be scheduled for the
following ordinances:
COUNTIES, CITIES AND TOWNS
1. (S~ 55~) $e~tion i5.~-~0~ p~r~it~ the County to increase
the maximum fine for violation of all County ordinances
from $I,000 to $2,~00.
2. (~B 291) ~ectlon 18.1-287.3 permits the County to adopt
an ordinance prohibiting any p~r~on under the age of
eighteen from po~e~mlng a loaded firearm, Would not
apply if juvenile ix et his hc~e or while he ie hunting
or e% an e~ta~lished marksmanship range.
5. (s~ 738) Seution 15.1-292.3 pe~its the County =e adopt
an ordinance mandating water utilities to allow
oonne~tion of f~re suppression systems without separate
meters and prohibiting connection fees in excemm of
6, (S~ 731) s~otion lS.l-2S.ol p~i~ ~he county to adopt
an ordi~amc~ mandating dlsposml of refuse to specified
7. (HB I~68) per. its the County to adopt an ordinance to
include the ~randchildren and grandparents of the owner
within the definition of i~ediate fancily to allow an
exemption from su~xlivision requirements when sold Or
given to those members of the immediate family.
an ordinance authorizing jurors to give t/%eir jury pay to
entity wh{ch metres the ~ourt.
FINANCE AND TAXATION
1. (HB ~019) Section 58.1-3506 permits the County to
separately classify for personal property taxation one
service-connected disabilities. The tax rate on the
vehicle could not exceed one-quarter of th~ personal
~roper~y tax rate.
2. (H~ 1713) section 58.1-3506 permits the County to ~dopt
v~hlcle owned by an auxiliary polloe officer for per~onal
property taxation.
3. (aB ~06) Sections §8.1-3~06.1 through -3~06.8 pmrmits
the County to separately classify one mc=or vehicle owned
income/ne= worth limits and per~cn~ who ar~ permanently
and totally disabled.
4. (MB 75?) Section ~8.1-~?00 permit~ the County to adopt
an ordinance to require that no County buminess licenme
will be issued until the applicant has paid all
delinquent business license and personal property taxes.
5. (HB 1294) Section 58.1-3912 permits the County to adopt
an ordinance allowing the County to send a single re~l
estate tax bill and a s~n~le personal property tax hill
6/12/91
E. ~OTOR VEMICLE~
1. (~B 1673) section 46.2-1313 pe~its the county to adopt
an ordinance incorporating juvenile drunk driving
other traffic violaficn~ are now incorporated into the
cods.
And, £ur~hsr, the ~eard deferred setting a public hearing d=te
for the following ordinance to allow for f~rthpr study:
A. COUNTIES, CITIER A~D TOWNS
4. (H~ 177Q) section 15.1-292.3 permits the County to
utilizing a system of service charges based on
contribution to atormwater runoff.
And, fu~t~r, the Board did not set public hearing dates
the following ordinanoss=
A.
COUNTIES. CITIES AND TO~NS
(~B 1327) section 29.1-744.1 per~its the County to adopt
an ordinance regulating the distance boats must maintain
from the ~hore, docks and swimmers in bodies of water.
D. ~OUSIN~
1. (HE 1153) This bill repeals the existing Virginia Fair
Mousing Law ("V!~") and erea~e~ a new VFHL whicl% is
"s~bstantialty eqnivalant" to the federal fair housing
law. The VFHL makes i~ unlawful for any person or
bueines~ to discriminate in the sale, rental, er
marketing of housing (bo=h single and multi-family) on
the basis ~f race, color, religion, national origin,
age ar handicap. Parson{ an~ b~in~e$cs subject to the
act include o~ner$ and managers of single and
multi-family houa~ng, real estate agents and brokers,
in~urers, lendsr~, apprai~ers Rnd
Complaints of discriminatory housing practices ~a filed
with the ~tate Real Es=ate Board which investigates each
complaint and attempts to resolve the complaint between
the partie~. If the complaint cannot be resolved, it may
be forwarded to the Attorney General's office for
enforcement action in court. The VF~L allows ln~alitles
to adopt their own fair housing ordinance ~o long as the
ordinance: (1) conforms to the YFHL, (2) is adopted
prier to July 1~ 1992 and (3} is mubmitt~d tO the U.
Department of Housing and Urban Development prior to J~ly
1~ 1992 for a "submtuntial equivalency" detel-minat~on.
Adoption of a local ordinance would g~va the County local
housing discrimination enforcement capab~llt~.
Mr. Sullivan stated that the publio hearings will be
advertised and held as staff determines appropriate. ~ also
noted that due tO redistricting and thc new changes in
delegatea and senators ~epresenting the County, the ~oard
wo~ld be inviting all of ~hs dalegate~ and senators to a
meeting with the Board in order to mesh the new
representatives and have an opportunity %o discuss matters of
mutual concern.
The ~sard recessed at 4:30 p.m.
I~l~nd Restaurant for dimmer.
(DST) to travel to the Greek
Rssonvening:
91-3~1 6/12/~1
3. IN~OCATION
Mr. Sullivan introduced ~ir. William D. Peele, Chief of
Develep~ent Review for the Plar~%ing Department' who 9ave the
invooution.
4. PT.~GE OF i%LLE~IANC~.. TO '&n~ i~LAG OF 'r~ UNIT~) STATES
E&gle 8coutm of Troop 800t Troop ~94, T~oop 845 and Troop 135
and mombers of BOy Scout Tr0oD 876 led the Pledge of
Allegiance to the Flag of the United States of America.
~-. A~PKOVA~OF~INtr~.Rq
5.A. )~%Y 22 i 9]
on motion of Mr. Applegate, seconded by Mr. Currin, the Board
approved the minutes of May ~, 1991, as ~ubmitted.
Vote: Unanimous
¥ ~8 199
on motion of ~r. A~pl~gate~ seeOndud by Mr. Cu~rin, the Boar~
approved the minute~ of May 2~, 1991, as amended.
Vote: Unanimous
Mr. Hasden stated t~e State Department cf Youth and Family
S~rvices had recently conduoted a review of th~ Juvenile
Probation bepactment for the P~0~e of State =~tifioation in
which ~he Department had passed the uertif~aation wi~ 100
Patti=ia Carrington, ~ief Administrative Officer for the
their aDDreciatlon for all of the De~ar=ment's ~ffo~s and
O~t~t~nding service to the Co~ty.
There were no Doard committee reports at this
~- ~-~T~ TO POS~ON~ ACTION, ~%~t~f ADDITIONS ~=
On motion of ~. Daniel, ~eaonded by ~. May~, ~ Boa~d
delsted Item 13.E.2.g., Re,est for Pe~isslon to Cons~¢% a
Vote: Unanlmou~
91-382
6/1~/91
~ir. William ~. Boyee on February ~, 1910; and
W~R~A$, The Roy Scouts of kmerica was founded to promote
cltizenohlp training, personal development and fitness of
individuals; and
WHEP~EAS, After earning at least twenty-one merit badges
in u wide variety of fields, serving in a leadernhip pO$itiO~
in u troop, carrying out a service project beneficial to his
=onu~uniCy, being active in %he troop, demonstrating scout
spirit and living up to the stout Oath and Law; and
WHEREAS~ /~r. Michael A. He~baoh, Bethel Baptist Church,
and has reached the long-sought goal of Eagle Scout which is
received by tess than two percent e~ ~hese indlvidual~
WHEREAS, Growing through his experiences in
himself On the great accomplishments of his County, Michael is
indeed a member of a new generation of prepared young
of who~ We can all be very proud.
NOW, THERgFORE BE IT RESOLVED, that the Chesterfield
county Board of Supervisors hereby extends its congratulations
to Mr. Michael A. Has,ach and acknowledges the goo~ fortune of
t~s county to have ~uoh a~ o~tstanding young man a~ one of its
citizens.
Mr. ~ullivan pre~nted the executed resolution ~c Mr. ~ssbach,
accompanied by members of his family, end congratulated him
for his outstanding achievement.
On motion of the Board, the following re~olution WaS adopted:
~{EREAS, The Boy ~out~ of ~rica was incorporated by
~. William D. Boyce cn Feb~ary 8, 1910] and
~ER~S, The Boy Sco~ts of ~erica was fo~d~d to
citizenship training, personal development and fltne~ of
individuals; and
~S~ A~ter earning at least twenty-one m~it
in a wide variety of fields, serving in a leadership ~osition
~pirit and llvlng up to ~a Scout Oath and Law; and
~S, ~r. Kevln Todd Par~on~, ~ethel Baptist Church,
and ha~ reached the lung-~ought goal o~ ~agle scout which
~S, ~rowing through hi~ e~i~n=~s in Scouting,
tea~ng the Ie~on~ of ~espo~sible citizenship and priding
himself on ~e great uccomplis~ents o~ his County, Todd
indeed a me.er of a new g~neration of prepared young
of whom we can all be ve~ proud.
County Board of Supe~isor~ hereby e~tend~ it~
~o ~. Kevin Todd Paruons and acknowledges the good fortune of
the County to have suoh an outstanding young ~an as one of its
citizens.
Vote: Unani~o~
Mr. Sullivan 9re~ented the eXeCuted resolution to Mr. Par~ons~
accompanied by ~emb~rs O~ his ~amily, and Congratulated him
for his outstanding achievement.
On motion of th~ Board, the following rexolut~on wa~ adopted:
W~EREAS, The Boy Sco~ts of ~erica wa~ i~uor~orate~ by
~. william D. Boyce O~ ~ebrua~ 8, ~10; and
~E~S~ The Boy Scouts of ~erlca wa~ fo~dcd to promote
citizenship training, p~rsonal d~velopment an~ fitnas~ of
imdlvidual~; and
~AS~ After $~nlng at least twe~ty-o~e merit badges
in a wld~ variety of field~ Serving in a leadership position
in a troop, carrying out a ~ioe project beneficial to his
co--unity, being derive in the treeD, dmmonstrating Scout
~pirit ~d living up to the $¢ou~ Oa~ and Law;
l~arning the lessons of responsible oitizenship and priding
himself on the great aocompliU~nts of hi~ County, Mat~ew
of whom we =an all be very proud.
NOW, T~EREFORE BE IT R~0LVED, ~mt the Ch=st~rfield
to ~. ~a=~hew ~ite and a~nowledqes the good fettle of
Co~ty to huve suGh an o~tstanding young man as one of
~- Sullivan Dres~ted the e~ecUted re~olution to ~. White,
accompanied by ~$~ers of his family, and congratulated him
for his out,tending achievement.
O~ motio~ of the Board, the following resolution was adopted:
W~ER~AS, The Boy SCOUTS of ~erica was ~noorporatad by
~. William D. Boyc~ on February 8, 19~0; and
citizenship ~ain~ng, personal development and fitness of
~S~ After serving at least tWenty-one ~rit badges
in u wide variety of fields, serving in a lma~ership position
in a troop, car~ing out a service proj~ot beneficial to him
do~unlty, being active in ~e troop, d~onmtrating Sco~t
spirit and living up to th~ $c0~t Oath a~d Law; and
~E~S, Mr. ~drew Smith, Troop 894, has accomplished
91-384 6/12/91
long-sought goal of Eagle scout which is received by le~n than
two percent of $hese individuals entering thm scouting
WHEREAS, Growing through bis experiences in ~souting,
lmarnlng the l~ssons of responsible citizenship aRd priding
himself On the greut uccomplish~ents cf his County, Andrew is
indeed a member of a new generation of p~epared young citizens
of whom we can all be very proud.
NOW, ~EREFORE SE IT R~OLVED, that the Chesterfield
Ccumty Board of Supel'vieors hereby extends it~ congratulations
County to have suah an outstanding young ~an us one of its
citizens.
vote: unanimous
Mr, Sullivan pre~ent~d the executed resolution to Mr. Matthew
White who accepted on behalf of Mr. Smith who wa~ not present.
9.A.5. ~. ANDREW nu~. 9/~Op 894
On motion of the Board, the following re~olution Was adopted:
WHEI~EA$, T~e Boy SCOUTS Of America wes incorporated by
Mr. William D. Doyee on February 8, ~910; and
WHEREAS, The Boy ~oout$ O£ America wa~ founded to promote
citizenship training, personal develet~nent and fitnes~ of
ind~vidual~; and
WHEREAS, A~ter earning at least twenty-one merit
in a wide variety of fields, ~erving in a leadership position
in a troop, carrying out a survlua project beneficial to his
oo~ity, ~ing active in the troop, demonstrating
spirit ama living up to the scout Oath and Law; and
~R~AS, Mr. An~ew Hutette, Troop S94, ha~
long-sought goal of Ea~le Scou~ which ~ reoelved by less than
two percent of ~o~ i~divi~al~ enterin~ the Scouting
~S, Grow~n~ ~ro~gh his experience~ in Scouting,
learning th~ le~ons of r~$ponsible citizenship an~
himself on the great accomDlis~t~ of hi~ County, Andrew is
indeed a member of a new g~n=ratlon o~ prepared young citizens
of whom we can ail be very proud.
NOW, TK~EFORE BE IT ~SOLV~, tha~ ~he Chesterfield
County Board of Supervisors hereby extmnd= its
County to have such ~ outstanding young man as one of
citizens.
Vote: Unanimous
Mr. Sullivan presented ~e ~xecuted resolutlon to Mr.
accompanied by me~er~ of his family, and congratulated him
O~ ~otien Of th~ Board, the following re~olution WaS
WHEREA~, Th~ Roy ~cO~t~ Of A~erica wa~ inco~ora~ed by
~. William D. Boyue on ~ebruary 8~ 1910; and
91-385 6/12/91
W~EREAS, Thc BOy SCOUts Of America was founded to promct.
citizenship training, pernonul development and fitness of
indivlduals; and
WHEREAS~ After earning at least twenty-one merit badges
in u wide variegy of fields, serving in a leadership position
in a troop, Oarrylng cut a service project beneficial to his
community, being active in the troop, demonstrating Scout
sDirlt and living up to ~he Scout Oath and Law; and
W~EREAS, ~{r. W. Dsvid Mahan, Redeemer Lutheran Church,
T~eop ~4~, ham accomplished those high standards of commitment
and has reached the long-sought goal o~ Eagle Scout which is
received by less than two percent of these individuals
entering the Scouting ~ovement; and
W~EP~EAS, Growing through his experiences in Sc~ ~'
learning the les~ons of responsible citlzenshi~ and priding
himself On the great accomplishments o~ hie County, David is
indeed a member of a new generat~om of prepared young citizens
of whom we can all be very proud.
NOW, THERSFOP~E BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby eXtends its congratulations
to Mr. w. David ~Lahan und acknowledges th~ good for~une of the
County to have such a~ outstanding young ~an as one Of its
citizem~.
M~. Sullivan pre,anted the executed ~emolution to Mr. Mahan,
accompanied by me,berm of his family, and congratulated him
for his outstanding achievement.
9.A.7. ~- ~XK BRIAN GA~?.~.-~'~, TROOp 13~
On metioD of the Boa~d, the following resolution was adopted:
W~EP~As, The Boy Sco~ts uf k~e~ica was incorporated by
Mr. W~lliam D. Doyce on February ~, 1910; and
WHEREAS, The ~oy Sco~t~ of ~eriea was founded to promote
citizenship ~aining, personal developm~% an~ fitness of
individuals; and
~E~, After earning at lmast twenty-one m~rit
in a wide variety of fields, s~ing in a leadership
in a troop, carryin~ out a service p~oject beneflcial to his
calcify, being activ~ in th~ troop, demonstrati~q Scout
spirit and living ~ to the ~c~ut Oath and Law;
~ER~, ~. Erik Brian G~letts~ Troop 135,
reached ~e long-sought goal of Eagle Scout which i~ received
by less th~ two p~rcen~ of ~Ose individuals' entering
Scouting mov~ent~ and
~S, Growing through hi~ e~a~ience~ in
l~arning the l%sson$ of responsible ci=izunshi~ and priding
h~mself on the g~eat accomplis~ents of his Catty, Erik is
in~d a me~be~ of ~ new generation of prepared young citizens
of who~ we can all be very proud.
NOW, TH~FORE BE IT ~$QLV~, that the ~eSterfietd
County soard of Supervisors hereby e~en~s its
to ~. Erik Brian Ga~letts an~ acknowledges the good fort~
of ~he Co~ty to have such an outstanding young man as one of
its citizens.
Vote: Unanimous
91-386
5/12/91
accompanied by members of his family, and congratulated him
9.A.8. ~. SEAWNT. SP~CEi~, TROOP SSS
On motion of the Board, the following resolution was adopted:
WHEREAS, The BOy SCOU~m of ~ericu wam ~noorporated by
Mr. Will~am ~. Boyc~ on Februa~ 8. 1910~ and
~, The ~oy Scouts of ~erlca wa~ founde~ to ~romot~
individ~al~; and
~S, After earning at lea~t twenty-one meri~
in a wide variety of fields, Serving in u leadership posit/on
in a troop, carrying out a service pruJ~ot b=neficial to his
co,amity, being active in the troop, d~monstrating Scout
spirit and living UD to the s=out Oa%h an~ Law; and
~AS, ~. Shawn T. Spencer. Troop 8SS, has
accomplished thoge high standards of co~itment and has
reauhed the lon~-muu~ht ~oal of Eagle Scout which i~ received
by le~s tha~ two percent of ~osm individuals entering the
~AS, Growing ~hrough ~is experiences in scouting,
learning the lessons of re~ponE~ble o~tise~$hip a~ ~rlding
himself on t~e great aCCOmplishments of his County, Sha~ is
indeed a me, er of a ~W ge~eratio~ of prepared yegg citizens
of whom we can all be very
NOW, THEREFORE BE IT ~SOLV~D, that the Chesterfield
County Board of supervisors h~r~by extends its con~atulations
the County to have such an ou~s=an~ing yegg man a~ one 0f
citizens.
~. Sullivan indicated ~e executed re~ol~tion would
~resented to ~. Spencer at a later date.
On motion of the Board. the following resolution was adopted:
~ER~$, Th~ virginia Auto Safety Alliance, in
cooperation with the Virginia Association of Chiefs Of Polic~
~ducational Fund =n~ ~e Virginia State ~olice, is
th~ third annual "Chief's Challenge"; and
~ER~S, The purpose of "Chief's Challenge '91" im to
support and pronote regular and proper use of ~af~ty
~S, The objectives of "chief'~ Challenge '91" are
for all law enforoe~e~t agenci~ in Virginia to conduct a
highly publicized ~ampaign t0 p~Omot~ increased level of
sa~y belt c~pliance and to highlight injury
life-mewing value of safety belt use during t~i~
through public info,etlon messages; and
~S, "Chief's ~all~ng~ '~1" provides an
for Chesterfield County to join together with o~ law
~eir jurisdictions to save lives and e~ance the safety
their ~otoring citizens;
91-387 6/12/91
WHEREAS, ParticiRatien in "Chief's Challenge '91"
promotes public awareness of the value of wearing a safety
belt and helps the Chesterfield Cot%~ty Police Department
re~uoe the number of traf£i¢ a¢oido~t~, the amount of property
damage, personal injury and fatalities on the roadways in the
County.
NOW, THt~{~PO/{~ BE IT RESOLVED, that the Chesterfield
County BOard Of Supervisorz does hereby call upon all citi2ens
Of C~e~terfield county to join tho Chesterfield County Police
Department a~d t/ks Virginia Auto Safety Allia~ce~ in
cooperation with the virginia Association of Chlef~s of Police
Fducatlonal Fund and the Virginia State Police, in supporting
and partiuipating in the third annual "chlaf~$ C~allenge"
daring the month of $u~e, 1~91.
AND, BE IT FURTHER RESOLVED, that the Chesterfield County
Board of Suporvisor~ ~o~ hereby proclai~ that "c~iaf~s
Challenge ~9~w be observed throughout the month of June, 1991.
Vote: unanimou~
~r. sullivan presented tho ~x~outod r~olut~on to Colonel
11.A. /~z%~OI~OFCANDIDATET0-x~
~. M/oas stated that at the Board's May ~2, 1991 m~ting, Mr.
Marshall Tra~ell had ~en nominated for appoln~ent a~ the
sta~eO =he appointment was for a four year te~ begi~ing July
1, 1991.
On motion of ~. ~rrin, seconded by ~. Applegate, the Board
appoi~t~ ~. Marshall Tra~elI, r~Dre~enting ~ermu~a
District, to serve on the
effectiv6 ~ly 1~ 1991 and will e~ire Jun~ 30, 1995.
Vote: Unanimous
~. c~rin recognized and congratulated ~. Tra~ell on his
appointment.
ACQ.~ISITIONOF ~A~TS FOR T~P~YSXC ~IT.T, RT,1eVAT~
~WATER T~%NK A~RO~8 PI~OPI~iTY OF ~1/. THO~A~ J. 8HXTH. ET
Mr, Sale stated that the parties involvod had reached an
action at t_his time.
on motion of ~r. ~aye$. seuonded by Mr. C~%~&in, t~e B~a~d
removed Item ll.B., Authorization to Exercise ~minent Domain
for the Acqui~ition of ~asemants for ~e Physic Hill ~levat~d
Water Ta~ Acro~ Property of Mr. Thomas J+ ~mith, et als.
from the agenda.
Vote: Unanimous
91-388 6/12/91
ll.C. S~T DAT~ FOR PUBLIC ~N~ TO CONSID~ AN 0~
~, MiCa~ ~tate~ this item had been deferred from the
May 22, 1991 meeting an~ ~a= ~e amender relating to the
~iting of solid waste mnnag~ent facilities would bring
current ordinance in com~llance with th~ re~latory process of
~. Currin di~olo~ed to the Board that ~is issue involvmd h~
excused himself from the meeting.
On ~otion of ~. Applegate, seconded by Mr. Daniel, ~e
h~a~in~ to e0n~ider adoption of an ordinance amending Section
a~e~ded, by amending and re~acting Section 10-40 relatln~ to
th~ siting of solid waste management
~ent; ~r. C~in.
~2,,-.A.-, .., TO C~NSID]~ AN ~RDINAN~ TO ~ '~.~CODE OF ~ OF u~~. 1978. ~ ~. BY
~. sale stated this date and time had been advertised for
public hearing %o consider modifying th~ buffer
of the Zoning Ordinance for parklnq lot~ in co~eroial and
office area~ ~at are adjacent to r~identlal projects if
restdentlal property i~ u~ed for non-residential
Discussion, co~nt~, and ~estions en~ued relative to
initiation of the request.
~r. George ~eadleu stated he was opposed to the r~est
because he felt ~at the buffer retirement ~hould be
~ndard an~ wa~ essential in t~e long-~e~ in ~hat when
but va~in9 uses.
There ~ing no one el~e to a~dre== thi~ ordinance, ~he p~lic
hearing was closed.
Er. Applegate inquired if the ordinance applied to
~. ~ale ~tat~d ~e o~dinancu did not apply to agriculturally
it wO~ld ~ot D~esent probl~s except that in the
ugrlcult~ally zoned 9rope=ty would mos% likely be u~e~ for
another p~pose and, consequently, if t~ D~operty in
was residential, the eh4 resul~ woul~ be a parring lot
buffer.
~. ~yes inquired if the r~t was a~ exCeption or = change
to th~ Zonin~ Ordinance. ~. Sale ~tated the re,est was a
change to the Z~ning Ordinance and woul~ be discretionary.
91-3S9
Mr. Applegate staked he felt a~riculturally zoned property
should be included.
on motion of Nr. currln, sseen~a~ by Mr. Daniel, the
adopted the following ordinance:
A~ ORDINANC~ TO AMiD T~ COD~ OF T~ COUNTY OF
RE~TING GE~LLY TO BUFF~S
BE IT 0~AINED ~ th~ Board of SuDervi~or~ of
~esterfield Co~ty:
(I) ~a~ Section 21-56 oS Che Co~e of the County of
~este~field. I978, as amended, is am~ded and reenacted
rea4 a~
Sec. 21-5~. Par~in~ lot
mubjact to ~e provisions of division 11.2, as applicable, and
~e following rE~latlons:
000
(0) Buffer ~trips. Along any side or r~ar lo~ line
which adjoin~ any R District and lot~ in R-TH DiGtrict~
identified in ~eotion 21-113.1(a), except in f~ont yard a~ea~,
~ere shall be installed and maintained an ornamental,
concrete or maso~y wall or solid board fence or dense
~v~g~e~n planting at l~ast fiv~ (S) ~et high unless natural
conditions provide effective screening. The plating and
maintenance of all ~ees and ~hrubs shall be under the
~e=vi~io~ of ~e director of planning.
In R-TH Districts, and in R-~ Districts except for
O~ d~velo~men~ u~proval ~ursuant ~o article IX of
~1.1.
If an adjacent lot i~ occup~e~ by a nonresidential u~e,
waiver ~y be granted to thi~ buffer re~uir~en= pursuant
~=~%erfield. 1978, as amended, is amended and reenacted to
read as follows:
(i) =xoep= ~or buffers re~ire~ Dy t~e Doar~
~uDervi~o~s as a COndition Of zoning or by ~e board of zoning
appeals, the retirements ~or ~ffers and screening may be
wuiv~d und/or ~odified by ~e pla~ing =o~i$$ion during
following conditions:
(1) If the ~trlct appllcat~on of ~e provisions of
~v~slon reducem the usable area of a lot, due to lot
confi~ratlon or size to a point which would preclude a
reasonable ~e ~f ~ lo~ buffer ~d/or
requir~ents may be waived or modified provi~e~ the side
rear of m building, a barrier, and/er ~e land between ~at
build~n~ a~d ~e property line, has ~en speciflcally d~slgned
architectural and landscaping te~ni~es.
91-390 6/12/91
(2) Where the building, a barrier and/or the land
between that building and ~he property line ha~ buun
combination of architectural and landscaping techniques.
($) Where the adjoining land is ~eeignated in the
County's ads, ted cemprehsnsive plan for a use which would Hot
require the provision of buffers or screens.
(4) Where the adjoining property is used for any public
purpose other than a school, day care center or hospital.
(5) Where adjacent residential or agricultural property
ks used for a ~ompati~le use which has be~n permitted by the
(6} ~re the topo~aphy is ~uch that the ~e~i~u~ent~
of this division would not be effective.
(7) ~etween u=eE that ~re to b~ dev~loped und~ a
develo~m=nt plan.
(j} Except for buffers required by the board
waived and/or modiSie~ during site 91~ review and approval
wh~ the adjaoent lot is in un R district and is O~Gupi~d by
nonresidential u~e. I~ ~e a~jacen~ lo= is vacant, it~
shall be considered us residential unless the County'~
oompre~ensive plan ~signa~es ~uoh lo~ for non~esidential use.
Ayes: ~r. Sullivan, ~. Currin, ~. Apptegate and ~, Daniel.
~tention: Mr. Mayes.
12.B. TO ~ONSI~RANO~DIN~NCE TO ~/~ ~Alw~E~ 10. ~I~
Mr. H~er stated th~ Boa~d had discussed th~
or~inancu a~ thalr work m~s~ion earlier and that this date and
ti~e had been advertised for a public Aearing to =onslder the
ordlnanc~.
M~. sullivan stated that thu ~oard had held a work session
earlier in which the various aspe=t~ of th9 ordinance had been
reject ~e ordinance in its entirety; and that the Board would
still receive ci=izen input re~ardinq the ordinance.
stated the Board had directed ~taff t0 reevalua~ the
~ peroeut ~olid waste recy¢lable by 1995; that the ~oard
provlded; an~ that in or, er :o me~t ~he coma for m~t~ng the
labeled improperly and ~hould be called a recycling compliance
ordinance mad ~u~ the ~oard had directed staff to include
ha~l~ o~ the Re.cling Co~ittee in order that ~ey b~
to ~rovide input and participate in the reco~emdat~onm of the
co~ittee during ~e decision m~i~g process,
felt the Ordinancm should reflect municipal molid waste such
as residential, oo~eroial and institutional waste; that the
ordinance should not dictate the schedule for trash
91-391 6/12/91
that the landfill should be self-sustaining and requested the
Bca~ %c canelder grandfathering residents that have the
Couaty'a monthly trash collection and that any more citizens
added to the seTvloe should be reguirad to pay a monthly fee
comparable to what is charged by private haulers; and
Mr. Vic Arthur, r~prcscnting the large p~iva~e collectors of
for not adopting the proposed ordinance and requested that
their group be represented cn r~e Recycling committee and be
involved in the decision making process.
in th~ County and was oDpsss~ ts the srdlnsnce, howe~s~, when
the Board adopted a new ordinance, he felt that qualified
personnel should be hired in order tc re~ulate and aupervlss
t-he standards imposed.
Mr. Janes William Thames, II stated he was opposed to the $~
fee that has been implemented by the County to use the
landfills and feels that taxes paid to the County ~hould c~ver
this service.
Mr. Robert Perlin e~pressed his appreciation tn the Board for
not adopting the proposed ordinance as presented and ~el~ that
the hauler~ should be a pa~t of T-~e decision making process
concerning the reevaluation ef the ordinance.
Mr. ~cb Talber~ sta=e~ he was opposed to the proposal and that
h~ u~s private trash service and has never had uny problems
with the service and woul~ llke to sea the system remain the
Ms. ~arie Trainman =rated she was opposed to the proposal and
would like to see the small haulers involved in the decision
making process £erthe proposed ordinance.
Hr. Zane Davis stated he felt the entire poli~y regarding
trash removal ~eeded to be ~eevalu~ted; that t~e proposed
ordinance overburdens the s~all haulers and would most likely
put them out of business; that trash collection is a very
important issue in that it affects the health, safety, and
welfare of all the citizens and feels that trash collectio~
should be the responsibility of the County; and that he felt
the $~ fee to u~e the landffll~ would ~ventually force people
to dump on private property and along the roadsides.
Mr. Ray Trainman stated he did not feel the proposed ordinance
included any input from the haulers and felt they should be
Mr. Ray Trainman stated he felt the proposed ordinance had
be~n mishandled in that the issue deals with recycling; that
the public should have been better ~nformod ef the p~oposal;
that trash collection is an important issue in that it
involves the ent~e uitizenry; and ek~re~sed a~p~eciatien to
the ~oard for not adopting the proposed ordinance.
Ms. Lynn Call e~ressed appreciation to the Board for not
adopting t~e proposed ordinance and stated she felt that
private haulers collection rates sheuld not have to he
approved by the County; and also felt that the $~ landfill fee
would eventually lead to citizens dumping trash on private
property.
obligated to provide the citizens with necessities such as
refuse disposal then provide luxuries such as p~rk facilities;
fees On the citizens.
company; that hi~ e~mpany recycles and that it is a gradual
p~oce~s; and also felt that the small hauler~ should be
represented and be a part cf the decision making procems when
the ordinance is reevaluated.
1~. Joseph Goods stated he im a small ha~le~ in the County and
requested him name to be considered for participation when the
ordinance is reevaluuted.
~r. Miokey Lamb stated he felt the purpose of the ordinance
in general should be reevaluated; that the small haulers
should be represented and be part of the deci~ien making
process; and that values should be rep~tablished in regards to
~, Timothy Cool stated he is u small huuler; that h~ recycles
and feels that with effort on everyone~ part, the goal of
being 25% recyclabls by 1995 is feasible.
There being ne one else to add,ess this ordinance, the public
hearing wa~ closed.
~r. Daulel stated that the County needmd to meet the recycling
mandate~; that he felt there will have to be some change in
=he ~omeowner,s lifestyle; that t~e county is concerned with
the small businesses; that he does not want to see the County
become involved in price st~cture$ that he would like to have
at lea~t three hauler~ represented on the Recycling
Committee--one from the larqe scala and at least two from the
haulers ¢oal£tion group.
There was brief discussion regarding ~he time£rame for the
proposed recycling ordinance and reaching the ~tate mandated
regulations.
Mr. Mayas stated that he felt t~he safe ~isDceal of solid waste
is the responsibility of the government and the publlc; that a
policy needs to be sstablishe~ regarding solid waste; and felt
that the $2 landfill fee is attached to thi~ proposal and,
therefore, requested the Board to rescind the fee ~til a
better Eolution is found.
~r. Applegate stated for the record that he had received a
letter from the M~u~t Rill Co~ons Homeowners A~ecintion
it was the general consensus of the Board to reevaluate the
proposed ordinance and suggested a Boar~ motion to remand the
o~dinanee to the Recycling committee; to add representatives
fro~ the hauling iBdugtry to the Recycling Committee; and
directed staff to bring the paper bask to the Board for a
public hearing in order to comply with the State mandates.
Mir. Mayas made a substitute motion to remand the ordinance to
the Recycling Committee for further coneideratlon and to have
the $2 landfill fee rescinded.
Mr. Micas indicated that the $2 fee is a part of the Budget
and not a part of the ordinanc~ and that the Board would have
to suspend their rules first ie order to conside~ the $2 fee
and, therefore~ stated the ~oti0n wa~ cut cf order.
~r. Mayas withdrew his substitute motion and made another
substitute motion to ~uspend the rules %0 consider re,minding
the $~ fee. For lack of a second, the motion failed.
~r. Daniel stated he £e1= the rules should net be suspended
and indicated the $2 fee could be addressed by preparing a
Beard paper for the next meeting.
Mr. ~ayes requested that the motion be amended to include the
~r. Nicam restated that the $~ fee is a separate item and not
a part of the ordinance. He stated that the rules could be
Administrator to prepare a paper as a separate item.
Mr. Sullivan stated there was a substitute motion on the
floor. For lack of a second, the motion failed.
Mr. currin stated that the srdinance should be remanded to the
Recycling Committee; that the haulers should be represented
and involved in the decision making process; and that he felt
the County t~a~h system also needed to be addressed by the
Committee and a method developed ko ~inance the trash system.
On motion of the Board~ the Board remanded an ordinance
relatlng to collector's of solid waste to the Recycling
Committee and addud to the Roeyali~g co~ittee,
representatives from the hailing industry; and d~rected ~taff
to bring back a paper to the Board for a public h~aring in
order to comply with the state
Vote: Unanimous
It wa~ generally agreed to recess for two minutes.
Fir, Maye~ indicated that the County A~ministrator had been
instructed to prepare an agenda item for the Board'~ June 26,
· 991 meeting addressing the $2 tipping fee at the landfills.
~0, OF T~g CODE OF ~$~g~FI~, 1978.
~r. ~icaa atated thia data and tame had been advertised fur a
public hearing to consider an amendment relating to the
discharge of ~ndu~triaI waste ~nto the public ~ewer sy~te2m and
Would bring the current ordinance in compliance with mmndated
regulation~ of the Environmental Protection Agency. He stated
b~ ~isoharged into t~e county's ~ewer system~ re~trict certain
other dincharge$, and provide more restrictive require~ment$
for those discharging mtrong industrial waste ~mto the system.
discharge of cyanide and phenols in the County's ~ewer system;
the li~t of industrial u~er~ who have violated the
~hc surcharge formula applied to the industrial users
~r, Ceorge Boa~les stated he was in favor of the proposal
program would be in the best interest sf the county.
adopted the following ordinance uff¢ctive July 1, 1991:
A~ ORDINA~C~ TO A~-DARTICLE IV~
CHAPTER 20, OF T~E CODE OF CHE~T~FI~D,
1978~ AS ~ED~ RE~TING TO THE
OF !NDUS~IAL W~TE I~O THE P~LIC S~ER SYST~
Artiol~ IV. Industrial Wa~e Discharge
~.O.D. or blochem~cml o~n d~and. Th~ quantity of
~yge~ ~tilized i~ the biochemical oxiaation of organic
matter, under stanOarO laboratory procedure, in five (5) days
million. The laboratory determination ~hall ~ ~de in
Categorical ~tundards. fNational Pretrea~ent Standard.
Pretr~a~ment standard or standard). ~y re~lation containing
with section 307 (D) a~d (o) of the el=un Wuter Act, which
applies to in~ustri=l
Domestic ~ewa~e. water~orn~ was~s no.ally discharging
from ~e ~unita~ conveni~ces of dwellings (including
~nstitutionm, free from ground water, sto~ ~urfac~ water
in,us=rial wastes.
Gar~a~. Soli~ waste and residue from ~e p~epa~ation,
cooking and dispensing of food, and from ~ h~dling, storage
and sale of food products and p=oduce.
Indirect discharge. Discharge of pollutantm into a
Publicly ~ned Treatment Works (Po~) from any
source re~lated ~der S~ction 307 (b), (c) o~ (d) of
Clean WatEr Act
Industrial user. A source of indirect discharge,
including any individual, firm, company, industry, private
corporation, municipality or federal, state or local
goYernmentul futility.
Tnd~strial wast~ All waterborne ~olid~, liquid~ or
gaeeoue wastes resulting from any industrial manufacturing,
trade~ business or food proce~ing operation Or process, fro~
the d6velopment of any natural reeeurce or any mixture of
th~ with water or domestic sewage as distlnQt from normal
dameatio sewage.
I~te~fe~noe. A discharge which, alone or in conjunction
with other discharges, bo~h: (1) inhibits the ~OTW, its
use o~ disDo~al~ and therefore, (2) c~uses a viola%ion o~ the
POTW'e National Pollutant Discharge Elimination System (N~DES}
New Source. Any building, structure, facility or
installation fro~ which thoro i~ or may bo a disoharge of
pollutants, the construction cf which commenced after the
91-395 6/12/91
pu~lica=ion oS proposed pretrea=men= standards under section
90? (¢) of the Clean ~ater Act which will be appllcahle to
such source if such standards are thereafter promulgated in
accordance with that section.
Normal domsstle sewag~.~ Sewage in which concentration of
Buspended ~aterials and five-day twenty (20) degrees celsius
B.O.D. is established at two hundred forty (240) parts per
million each, by weight, on the baBis of the normal daily
contrlhutlen of twenty-hundredths pounds per capita, per one
hundred (100) gallons.
Parts uer million. A weight to weight ratio; the parts
per million value multiplied by the factor 8.34§ shall be
~quivalent tu pounds per million gallons of water.
Pas~ through. A discharge which exits a ~ublicIy Owned
T~eatment Words (POTW) into water of the united States in
quantities or concentrations which alone er in ¢onjunctlcn
with a discharge or discharges from other sources, is a cause
of a violation Of any requirement of the ~OTW's MPD~ permit.
oH. The logarithm (~ase I0) of the reciprocal of the
hydrogen ion concentration of a ~olutlon. It ~hall be
Point of discharge. Tho point at which waste Ks
discharged to the county sowers.
P0TW - l~bliclv Owned Treatment Work~. A treatment workm
owned by a state~ munieipallty, or political jurisdiohion as
defined by sections 212 and ~02(A) of tho Clean Water Act.
Prooerlv shredded ~arb~oe. Wastes from the Rreparatien,
cooking and dispensing of food which have been shredded to
such a degree tkat all particles will be carried under the
flow conditions normally prevailing in the county sanitary
sewer system, with no par~iele greater tha/~ one-hal~ {1/2)
inch in any dimension.
sewer. A sewer which carries sewage and ts
surface and ground waters are not intentionally
Sanitary
which stor~,
a~tted.
residential~
A combination of water-carried waste ~ron
conmerciaI, institutional and industrial
waters as may be
Sewace treatment ulamt. Any urrangement of devices end
structures used for treating sewage.
s~wage or storm water runoff from the generating source ts
sewage treatment plants or receiving streams.
sewage. T~e system of sewers and appurtenances for
collection, transportation, pumping and treatment of sewage
and industrial wastes.
sewer service c~arce. T~e e~arge levle~ by section 20-59
o~ all Users of the county sanitary sewerage system, whose
wastes ~o ~ot exceed in strength the concentration values
esbublished as representative of normal domestic sewage.
Si~nifioaD~t~en-comullance. Status of an industrial user
if its vlelat~ons neet one er more of the following criteria;
(a} chronic violations of wastewater discharge limits,
defined as those in which six, y-six percent (66%) or
more of all of the measurements taMem du~ing a
6/12/91
six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the ~ame
(h) Technical ~eview criteMia (9~%C) violations, defined
ac those in which thirty-three percent (33%) or more
of all of the measurements for each pollutant
parameter taken during a six-month period equal or
exceed the product of the daily average maximu~
limit or the average limit times the applicable TRC
(TRC-1.4 for BCDw TSS~ fats~ oll~ a~d grease, and
1.2 for all other pollutants except pH);
Any other violation of a pretreat~ent effluent limit
department Of utilities determines has caused, ulone
or in combination with o~er diseharg~c,
interference or pu~s through (including endangering
the health of POTWpersonnel or the general public);
(d) Any discharge of a pollutant that has caumed
imminent endangerment to hum~an health, welfare or to
the environment or has resulted ~n the POTW'S
exercise of its emergency authority to halt or
prevent such a discharge;
(e) Failure to meet~ within 90 days after the scheduled
date, a ¢ompliance schedule milestone contained in a
local control mechanism or enforcement order, for
~tartlng con~truction, completing oonstructlon, er
attaining final compliance;
(f) Failure to provide, within 30 days after the due
date~ required re~orts such as baseline monitoring
reports, 90-day compliance reports, periodic
celf-monltorlng reports, and reports on compliance
w~th =ompliance schedules;
(g) Failure to accurately report nono0mpliance; ex
(h) Any other violation or group of violations which the
department of utilities dete~mlne~ will adversely
affect the operation er implementation of the local
pretr~atm~nt program,
s~. Any discharge of water, eewage or industrial waete
which, ~n concentration of any given constituent, or in
quantity of flow, e~ceeds for any period of duration longer
than fifteen (15) mlnutem more than five (5) times the average
twenty-four-hour concentration or flows during the normal
operation.
Stor~ sewer or cto~m dra~, A sewer which oarriec storm
and surface waters hut excludes s~wag~ and industrial wactec.
Stor~ water runeS... That portion of ~he rainfall that im
mo 'ds. solids that either float on the
surface of~ or ar~ in suspension in, water, towage er other
l~qulds, and whlc~h are removable by laboratory filtering.
Quantitativ~ determination of suspended solids shall ~e made
in a0oordance with procedures ~et forth in 40 CFR 136.
Sec. 20-92. Restriction on amaze of sanitary m.e.~e.~..
The discharge of inductrial wamte into the county
sanitary sewer system e~alt De permitted ~ro¥ided that:
(a) Sewer capacity is available on a hasle compatible
with the beet overall use cf the sewer.
6/12/91
The waste to ha discharged is amenable to treatment
by the proce~mes employ~ {n fha waste treatment
plants of the county.
(o) The waste to be discharged will nut cause damage er
constitute u hazard to the sanitary sewer system or
waste treatment ~aoilitics and will no~ constitute a
hazard to hununs or unimals, nor be capable Of
ureating a public nuisance.
(d) The concentration of substsnces, comDounds, and
elements in the waste being discharged or proposed
to be disc~harged do not exceed the limits
(o) Ail other requirements of this article are complied
with, including th= obtaining of a pe~it as
required by ~eotion 20-9~.
(~) Ail federal radiations contained in 40 C~ ~apter
i, ~ubchapter N, parts ~05-~71 and all other
stringent than the retirements of thi~ article.
No industrial uEer ~hall cause to be discharged or
deposited any of the following into any sewer fo~ing a pert
of tha ~anltary ~ew~ ~y~t~m of th~ county:
~y wa~t~, li~id, or vapor hav~ng a temperates
high~ than one hundred fifty (150)
Fahre~eit or tha~ will increase the temperature
~e t~eatment plan influent to greate~ than one
hundre~ fo~ (104) degrees Fahrenheit.
(100) parts per million of fat, oil,
exclusive of soap.
~y gasoline, benzene, naph~a or other hydrocarbon
~y pollutant t~at would create a fire o~ e~losion
haaard in th~ P~, including but not limited to,
(e) A~y solid waste in =xce~ of concentrations pre~ent
in no~al ~om~stic sewage ~a~ has not been ~ropmrly
shredded.
(f) ~y a~he~, clnder~, ~and, mud, ~traw, ~having~,
packing ~lant~, ur any other solid or viscous
~b~tanCe in excess of concen~ation present in
no~al domestic sewage capable of causing
prop~ operation of waste ~eatment facilities.
~an 6.0 or high~ than 9.0 or having properties
capable of either causing damage to structures and
equilmment of the eanitary sewer system or sewage
treat~mnt plant~ or creating a hazard to p~enn~l
engaged in operation and maintenance of such
facilities.
(h) Any waterm e~ waste~ having cbjcctionuble color
which is not removable by exieting waste treatment
plant procemmes.
(i) Any watere ~r wastes containing sontamlnants of such
chore=tar or in such quantity as te cause
int~rference~ pass through, or potential hazard to
h~mans or animals.
(j) Any noxious or malodorous gas, o~ any substance
which, when introduced into a reducing environment,
could cause the ev01~tion of a hoxious or malodorous
gas.
Any storm water, surface water, ground water, roof
runoff, ~%%b~rface drainage, uncont~inated cooling
water, or unpolluted industrial process waters.
(1) ~y radioactive isotop~ in concentration greater
than ~at permitted by applicable federal
re~la=i0ns.
Any ceramic glazing waste in excess of
concentrations preset in no--al domo~tio S~wag~.
(n) Any lime, calclu~ ~Iphate or other ~imilar sludges
in excess of concent~atio~ p~esent in no--al
~ol~ti0~9 of S~ch character or ~untity that unusual
handling of mu~ waste materials at the waste
violate federal r~gulation~ contained in 40 C~,
chapter 1, subchapter N, part ~05-471 and ail other
EPA-promulgated pretreatment standard~ or
repletions, when such ~tandard~ or regulations are
more ~trlng~nt than th~ r~irements of this
section. (4-27-77, ~ 1; 11-9-83, s 1)
(q) Petrole~ oil, no~iodegradable c~tting oil, or
produot~ o~ ~ineral origin that will cause
interference or pass through.
Pollutants which result in the presence of toxic
quantity ~ut may cause acute worker health and
(~) Any trucked or hauled psltmtants, except at
discharge points designated by the i~0TW~
Sec. ~0-94. Condltlon~ on di~¢harue of ~ertain trues of
No industrial user shall discharge any of the following
types of wastes into the sanitary sewer syste~ without ~avin~
fulfilled the conditiomz hereinafte~ stated in each instance:
Packinghouse w~ste: All hair, bri~tlen, ~ide~ or
parts e~ hides, bones, animals parts, paunch manure,
and viscera, StOCk feeds, grit, sand and straw in
91-399 6/12/91
exoeee of concentrations present in normal domestic
(100) parts per million shall be removed prior
discharge.
birds, benes, gri:, sand, poultry feeds, and viscera
in excess of concentrations present in normul
hundred (100) parts per million shall be removed
of waste lines from poultry processing establls~ent
to connection with the sanitary sewer system shall
be cf a type which is net likely to induce the
formation and ~rew~h of bacterial protein masses.
(c] Textile wastes: All lint, thread, pieces of sleth,
alad yarn in excess of concentrations present in
normal domestic ~ewage shall be removed prior to
~ischsrge. Kierlng and acid ~oiling wastes shall be
shall be cooled~ neutralized and stabilized within
the limits specified in section 20-93. Sulfur
dyeing wastes shull not be admitted to the
Metal salts (iron. COPPer. zinc. nickel, chromium,
~admlum, lead, 9tc~: Salts of iron, copper, zinc,
concentrations exceeding local limit~ developed to
prevent interference, pass tb~eugh~ er
¢ontanlmetion mhall be remove4 from w~ste fl~w prier
containing hexavalent oh:omium shall have
precipitated and rennoved from the waste flow prior
to dis=hurge to the sanitary sewer system.
(e} ~_~anides. Wastes containing Cyanides may be
discharged to the sanital-y sewer system only w~th a
permit issued purmuant to ~ecticn ~0-9S. Before
9ranting such permisslco the th~ dlre~tor of
utilitles shall require the industrial user
proposing to make such discharge to execute a permit
with the county, whereby such industrial user shall
regulate, vary er maintain, the discharge or
concentration of cyanide in accordance with the
requirements ef the ceunty.
(f) Phenol: Wastem oontainin~ phenol may be dimeharqed
such p~rmlssion the director e~ utilities shall
require the industrial user p~eposin~ to make such
whereby such industrial user shell regl~lats, vary or
maintain, the discharge or concentration of phenol
(4-27-77, s 1)
(a) No industrial user shall discharge wastes having a
hundred forty (240) parts per million, defined as industrial
without having first obtained a permit for such discharge as
pro~ided in section
91-400 6/12/91
(b) Discharge of wastes having a B.O.D. or suspended
solids concentration in excess of five hundred (~00) parts per
million shall he permitted by She director of ntilitie~ only
after review and approval by him with respect to the point of
~ischarge into the sanitary sewer system and the dilution
afforded by other waste £1ow~ occurring in the system at such
(o) Waste ~iseharged in volumes of 501000 gallons per
day or les~ will be ~mita~ to a total ~OD$ ~uantity O~ 333
lbs./day.
(d) Wastes discharged in volume~ exceeding 50,000
gallons per day will be ~imite~ to a ~OD~ concentration of 800
parts per million.
Notwithstanding the previsions of sections ~0-9~ through
~0-~5, any industrial user may apply to the director of
utilities for a permit under section 20-98 to ~is~harge waste
into th~ sanitary se~er system, which i~ of an ~sual or
otherwi~ prohibite~ Stren9~ or ~haraoter, S=ch pe~it shall
be ~anted by the director only upon execution of the pe~it
by ~ industrial u~er setting forth the conditions,
~retr~atm~nt or o~er limitat~on~ ~equired to enable such
wast~ to be sa~ely auc~pte~ into ~ ~y~=em and ~o oonfo~ to
all applicable re~lations. The director shall in all ev~nt~
lmpo~e EmA categorical suan~rd$ or any federal regulations
oo~tai~ed in 40 CFR chapter ~, subchapter N, part~ 40~-47~,
including but no~ limi=e~ ~o monitoring remitments,
conditions to the pe~it. (4-~7-77, ~ ~; ~-9-8~, ~ 1)
S~.._.lD~97. Rate and vol~ of disch~rue of industrial wa~DD..
Zlug d~ncharqe Or batch d~mping of industrial waste
dis~arge industrial wast~ into the ~anitary $~w~r system
shall prowide~ a~ his o~ expense, a holdin~ tu~ or holding
ta~s from whi=h such wam~e shall be discha=gm4 a~ a
rate of flow over a twenty-four-hour period. Th% retirement
for a hol~ing ta~ shall b~ waive~ by the director of
utilities provided
(1) The total daily waste flow from ~e establishment of
much industrial us~r does not exceed fifty thoumand
(50,000) gallons and the m~i~ rate of
is not greate~ than one-third (1/3) of the capacity
(with respect to rate-of-flow) of the
receiving the waste, and provided luther, that
receiving sewer hag capamlty for handling the
max~ ra~ of industrial waste discharge from ~e
establishment plu~ ~ ~a~i~ rate of waste flow
fro~ o~er contributors in the area tributary to the
receiving sewer;
(2) ~e ~ximum rate of ~ischarg~ from the
(2.75) times the average rate of ~ischar~e a~
tmken over a twenty-fo~-ho~ period~ and such
o~e-thi~d (1/3) of the capacity (wi~ respect t0
rate-of-flow) of the sewer receiving the wa~te~ and
provided further, that the $ 20-97 r~cgivlng sewer
has capacity for handling the max~m~ rate of
industrial waste discharge from ~e establishment
plus the max~m~ rat~ of waste flow from other
¢Qntxibuto~ in the area tributary to the r~G~iving
sewer; a~d, in addition,
91-401 6/12/91
(3) The character of the waste is suc~h that pretreatment
required; and,
(4) In ell other respscts, t. he discharge of such waste
sec. 20-97.1. Prohibition against dilution as treatment.
No industrial user shsll increase the use o£ po~aD!e er
process water or in any way use dilution as a partial or
complete ~ubstitute for adequate treatment ~s achieve
where e~ressiy .authorized Dy an applioable pr~tr~a~mnt
stmndard or retirement.
Sec. 20-9~. Pe~its for ~isch~es:
~est~ictions,
(a) ~y indumtrial umer now discharginq, or desiring to
department of utilities. Much =pplica=ion mba11 i~entify the
facility and include a complete ohemical analymim of the waste
~ing d~sch~md or propo~e~ ~o be dimchargm~, including
concen~ation of B.O.D. and ~u~pendud solids contained
~arein. sum~ application ~11 con=alu ~er=inent flow data,
including rotes amd duration, a detailed dumcriptiO~ Of
opera,ion, indicate all r~la~ory pe~i~s ~1~, pollutan~
measur~ents, certification statements, compliance s~edulem,
and any other relevant info,etlon re~emted by the ~rector
of util~timm-
(b) Notwithstanding %he provimionm of m~ctlon ~0-9~ and
this section, mhould the waste or pollutants from such
industrial us~'m operation be found to ~ inadmissible into
tse ~anita~ sewe~ ~ymtem Decaume of objectionable ~aracter
as defined by this article, because of concentration of
elements or substances i~ ex,ess of the limits e8t~li~hed by
this article, or because of flow charaoterimtio~ inoompatibl~
with ~e best use of ~e receiving sewer, us set fo=th i~
article, ~e director of utilities shall not approve a
dimcharg~ of su~ waste or pollutants into ~e sanitary ~eweT
system ~til such industrial user has employed, at his
e~eB~e, s~ch ~ethod$ ~d procemmes of pretreatmmnt and
radiation of flow as will render ~m waste or pollutants
(c) The methods and procedures of any pretrea~ent of
industrial waste or poll~tant~ to ~ ~ployed ~hall be
reviewed and approved under the ~e procedure as ~tipulated
(~) The depar~t of utilities will not
arrangements comprising any pre~reatmmn% processes, but will
review all mu~ plans.
(e) Approval of discharge of industrial waste
pollutants by ~y industrial us~ will be given only on the
basi~ of p~oven pe~fo~anee of pret~eatment p~ode~se~ (if
Dretreatment ~ould ~ reguired].
(f] Approval given ts any in4ustrial ~ser for thm
disch~e of industrial waste or pollutants, wh~ther
pretrea~ed or not, in=o the sanitary sewer system shall in no
way r~liewe such industrial user of ~e re~pcnsibility of full
c~pli~ce with this ar=iGle, wi=bin ~ limits established
su~p~mit.
91-402 6/12/91
(g) Ail federal regulations contained in 40 CFR chapte~
l, ~ubchapter N, part 405-471 and all other ~A-promulgated
e£~ect or as thmy may subsequently be issued, shall be
incorporated into Pe'rmits issued unde~ t~i~ Section, to ~e
extent t~t such standards or rm~irement= are more stringent
(h) In addition to uny other restrictions imposed by
~his section, the restrictions =ontulne4 in p~its
under thi~ ~ectlon may include, but shall not be limited
th~ following:
¢on~ituent~.
retirements for flow regulation and e~alization.
(3) Re~rem~nt~ for inspection, flow metering add
(4) Pret~eatment of industrial wastewater
discharge.
(B) Specifications for moni~orin9 pro~ whi~ may
include ~ampli~g Iocatio~, f~eq~ency and method
sampling, flow metering, n~er, ty~um and standards
for tests and reporting schedule.
Compliance ~edule~ containing milestone date~ for
applicable categorical pretreu~nt standards.
compliance status must be m~itted within fourteen
(7] Prohibition Of discharge of certain
constituents.
(8) R~quir~ent for ~ubmi~ion of p~riodi¢ discharge
reports to include info--etlon concerning volume,
rates, ho~s of operation, ~ber of e~ploye~s,
ether info,etlon.
(10) Ot~a~ conditions as deemed approDriate by the
d~partm~nt of utiliti~ to ensure compliance with
an~ repletions. (4-27-77, s 1; 11-9-B3, s 1}
(a) Any ~n~u~trial u~r now di~arging industrial waste
of pollutants into ~e =anitm~ ~ewur ~y=t~ ~ha11 have ~ixty
(60) days fr~ July 1, 1977 to ~ubn~t an applioation fo~
indu~trlal user desiring to dis~a~qe industrial waste or
daym prior to a~y s~oh discharge, submit such an application.
(b) ~sry application zha11 ~ ~eviewed by ~e director
of utilities or his ~esi~ee for mDDroval or
wi~in ~i~ty (30) dayz of ~ee~ipt.
(c) Upon notice of final disapproval of =ny pe~it
application or u~on notice of modlflcat~on of any pe~it, any
industrial user now discharging or desiring to = 20-99
discharge, industrial waste or pollutants into the sanitary
sewer system shall submit a schedule for compliance with this
article. Such sol~e~ule for somplianse will be rs¥iewed by the
director of utilities; and approval thereof will he determined
based on the reasonableness of such schedule with regard to
the relative cost, the degree cf hazard to the int¢~ity of
the sanitary sewer system, and the public safety. In no case
will the res]aired time for full compliance with this article
exceed three (3) years. The director may require full
compliance with r~hie article before the applicant may b~gin to
dincharge or continue to discharge any industrial Waste or
pollutants into the sanitary sewer system whenever the
depart~emt of utilitie~ find~ that ~uch discharge is likely to
pose an immediate danger to the sanitary sewer system of the
couaty or the health, safety a~ general welfare of the
public.
(d) Upon final approval of an application for a permit
to discharge industrial wa~e er pollu%ant~ into the
sewer system the director of utilities shell issue such
Dermic. (4-27-77, s 1)
{e) A~y industrial user subject to a categorical
~tandard mu~t ~it a repor~ within ninety (90) days after
the final date for compliance (or if a new source, following
the co~uuenc~ment of the discharge) which contains flow and
pollutant measur~a~nts, a cert~flcation of whether
pretreatment standards are k~ing met consistently a~d, if net,
a description cf needed additional op~ratien, maintenance or
pretr~ata~nt.
(f) Ail reporting correspondence including baseline
monitoring repsrt~ compliance sc/~sdule reports and permit
reporting shall include ~ o~rti£ication attestiDg to the
validity, completeness and accuracy of the report signed by an
appropriate executive officer or cfficlal of the industrial
$_e_c.. 20-1o0~i~k%~on of hermit.
(a} The terms, conditions or restrictions Of any
issued under ~is article may be subject ~o modification and
chunge by the dep~tment of utilities during th~ life of the
permit to aooo~odate and reflect ohangc~ conditions, or as
local, state or federal regulations contained in 40 CFR
chapter 1, suhshapter N, parts 405-471 are modified or
amended. Appropriate modifications to the permit will occur
~epartmant of utilitia~ nhall allow an industrial user a
reasonable period s ~0-100 of time to comply with any
in the permit, unless otherwise required by emergency or
governmental regulations. Nothing in this section shall
preclude the department of utilities from taking immediate
action to temporarily modify or suspend a permit when there is
an imminent risk of injury to the sewerage system or to the
health and welfare of the public or to the environment.
(b) The industrial user shall provide written
notification to t~e depar~ent of utilities and gain approval
o~ any increases' or changes in the volume of flow or the
nuture of the pollutants in the indirect discharge regulated
~y t~e ~ermit, whe~/aar intended ar not. This notification of
new or increased contribution of pollutants or flow may be
condlticn=d to meet applicable Drstraatment standards and
requirements or may be rejected.
~ec.~0-101. Notification of vlolatlon.
(a) ~y industrial user to whom a permit has been issued
un,er this article shall notify the director of utilities
91-404 6/12/91
immediately upon such industrial user discharging wastes in
violation of the provisions of such permit or of tbie article,
aosid~_ntally or otherwise. Such uoeiflcatlon ~hall be
followed, within ten (lO) days of th~ date of such discharge,
by a detailed written statement to the director sf utilitios,
describing the causes of the discharge a~d the measures being
and ts neutralize the effects of such discharge, if
The department of utii~tles may require an industrial user to
provide protection from discharge of prohibited materials or
ether wastes regulated by this article. [11-9-~3, $ 2)
(b) The deDartme~t of utilities will provide annual
public notification of violators by puhli~hlng a list of
previous twelve [12) months in' the largest daily newspaper of
general c~rculat~on in the area.
s~a. 20-102. Measurement of volume of industrial waste.
The volume of ~ndust~ial waste discharged ~y any
meusur~ by one (1) or more of the following
(a) If the vol~e of waste wate~ produced by any
in~ustrial u~er in hi~ industrial or process
of waste
discharging industrial waste into the ~anlta~ smwer
from the co~ty is u~ed for purposes resulting
normal domestic sewage~ zo~ cooling pu~oses, or for
purposes ~at do no~ re. ire the die.argo of
industrial user shall, at his ~n e~ense, either:
director of utilitie~ or his designee on th~
water sagely lin~ to his industrial process
Install a meter of design approved by
director of utilities or his designee on ~e
operations.
bm the vol~ of industrial waste discharged into
the ~an~tary ~ewer syst~. Such ~e~s shall
(=) If any indu~ial u~er now di~charging or proposing
to di~=harge in4us%rial waste into the sanitary
from the =oun~y such in~ustrial use~ shall, at his
the director or his designe~ on the waste l~n~ from
91-405 6/12/91
(a) Any industrial user now discharging er proposing to
discharge any industrial waste into the sanitary sewer system
shall construct, at his own expense, a'comtrel manhole on th~
purpose Of £aoilitatiDg ob~ervatlon~, measurements, and
sampling of the industrial waste dlssharge fro~ such
industrial user's establishment. The control manhole shall be
constructed in a suitable and satisfactory location downstream
from any protreatment faoilltles, holding tanks, ar other
approved works, and ahead of the point of discharge of such
waste into the sanitary sewer ~ystem. The design of the
control manhole shall be in accordance with the requirements
established ~y %he director of utilitie~ or his designee. The
control manhole ~hall he maintained by such industrial user so
as to be safe, accessible, and in proper operating eo~dition
at all times.
(b) Such requirement for a control manhole shall be
waivod~y the director provided that:
(1} The total daily waste flOW from the establishment of
such industrial user doe~ not ~xceed fifty thousand
(50,00O) gallon~; and
The maximum ~ate of such discharge from said
gallons p~r minute; and
(3) Access, means, and facilities are provided within
such establishment for the purpose of observing,
establishment; and
(4) The disc~harge of all waste from such establishment,
is in all ether respects, in full compliance with
this article.
(~) Authorized personnel cf the depsrtment of utilities
~hall be provided r~a~onable access to all portions cf
establishments discharging industrial waste or pollutan=s into
the sanitary sewer =ystem, for the purposes of inspecting,
sampling er monitoring discharge, copying required ressrds, or
performing other procedures, in order to ensure compliance
.s~c......~O~10~.. Determination of character and concentration of
(a) The department of ut~lltles shall make a periodic
determination of the character and concentration of industrial
waste ar ~ollutan=e.
(b) Location and ~esign Of sampling sites for a periodic
determination of the character and concentration of indu=trial
waste or pollutants discharged into the sanitar~ sewer system
shall be approved by the director of utilities.
(c) Sample~ of indnstrial waste or pollutants discharged
into the sewer system shall be collected in such a manner as
m~y be deemed necessary by the director of utilities, and
analyzed for compliance wi~h this artiste. The laboratory
methods used in the examination of said waste waters shall be
those set forth in 40 CFR part 136.
(d) Such determination of the character and
eonc~ntratio~ of the industrial waste or pollutants discharged
into the sanitary sewer system shall be binding as a basis for
su~charges on those industrial users discharging industrial
waste or pollutants into the ~ystem.
(e) Costs incideot to sa~pling and analyzin~ of waste or
~cllutamte that are applicable to 9u~oha~ge~ ~hull be added to
the surcharge provided for in section 20-107 made Go all
industrial users discharging industrial waste Or
into the county's sanitary sewer system. (4-27-77, ~
Sec. 20-1~5. Moaitorinq and
(a] Th~ per, it holder ~hall make meaeuremente, including
but not limited to, flow rates, flow vol~e~, and
concen~ations of any other pa~=icular constituents of their
provisions of this artlc~e.
(b) Ail wastewater analyses shall be conducte~ in
aooordanc~ with apprepriate procedure~ contained in 40 CFR
136, If no appropriate 9roo~d~e is oontaine4 therein, a
~tan~rd procedure acceptable to the dapartm~nt of
used to measure wastewater constituent
(c) The department of ~tilitie~ may r~ire uny pe~it
holder to construct and ~intain a was~ewa~r monitoring
facility of a design or confi~ration acc~pt~bI~ to the
ru~ir~m=nts. (11-9-83, ~ ~)
(d) The ~nduatrial user shall retain any record~ of
muni~orlng ac=ivitie~ an~ rmsult~ for a minim~ of t~ee (3)
years. This period may be extended in the ca~e of
li=iga=ion or when re~ested ~ ~e department of utilities.
(a) In addition to the ~ge~ p~ovided fo~ in ~ction
~0-69, a $~rong was%e surcharge for the higher oo~t
treating excessive strengt~ Waste or pollutumt~ shall
rendered to any industrial user discharging indust=ial
BCD = Biochemical o~gen demand in parts per
million of th~ ~mdu~trial waste.
ss - Suspended solid~ in parts per million of the
indumtrial
V = Vol~e of the industrial waste in cubic fe~t.
Of utilities. The dischargers ~hall pay th= ~char~es in
was~wa%~r chur~es.
Sec~0~3~ Co~ential information;
~on ~Jtten requemt by the indumtTial ~ser f~rnishing a
91-407 6/12/91
such portions may be made available to goverrmental entities
or agencies, upon written request, for uses related to this
article or to the county's national pollutant discharge
elimination system permit or pretreatment program, and shall
b! uvuilable fo~ USe by t/lo county or any cthe~ governmental
entity Or agency in a~inistrative or judicial review or
enforcement proceedings; provided further, however, that the
physical or =hemical cheraoteristics of wastewater will not be
recognized as confidential information or as a trade
necret.(ll-9-8~, s 2)
(a) In the event thc director of utilities detenmines
that an industrial user required to obtain a permit for
industrial waste discharge under the provisions of this
article has failed to apply for such a permit, or that an
industrial ume~ holding much a permit has violated the terms
of his 9ermlt, er that any industrial ueer ha~ violated or is
violating any provisions of this article, he shall imnue a
compliance order requiring such induetrial user to abate su=h
violation within thirty (30) days of the date of the
such erde~ ~hall be ~ent to such ~ndumtrial user at the
addre=s u=ed for his utility bills by certified mail, return
¢o~rply with ~uoh order withiu the pr~cribed time period, the
industrial User, and shall terminate county water nervico to
the dlrecte= of ~tillties unde~ subsection (s) of thi~ section
~hall have the right to appeal the same to a review co~%m~ttee
comprised of three (3) members of the boax~ of
appointed by the chairman. Notice of intention to exorcise
such right to appeal shall be file~ in writing with th~
of the board of supervisors within the time specified for
comDllance in the director's order. Failure to file such
notice within ~uch ti~e linit shall be deemed a waiver of the
right ~o appeal.
(m) The review committee ~hall neet within thirty
days of receigt of the notice of appeal and shall conduct e
hearing on th~ objections raised by th~ appellant to the
director's order. The appellant and the director shall each
of the same, the degree of hazard to the integrity of the
sanitary sewer ny~te~ the i~ediaey of the threat to the
public health and safe~y, and the possibility of long-term
damage to the en¥iroD~ent posed by such violation. Based upon
such criteria the usmmittem may affirm, modify, or vacate the
director's order; provided that ac such decision of the
committee shall permit the continuance Of a sewage diseaarge
th~e~ (3) yea=s, as required by section 20-99.
(d) Notwithstanding the provisions of subsections
and (b) of this section, whenever the director dete~mines that
an i~d~strial user is discharging substances into the sanitary
system which reasonably appears to preheat an i~ineut
the director may immediately nunpend or modify any dimcha~ge
permit i~ued to such industrial user and may ~isoontiuue
shall algo have the authority to disconnect such in,us%rial
(o) In addition to the other enforcement procedures
provided in this section, the director may meek injunctive
relief in the appropriate court to enjoin viotati~nm cf thi~
article. (4-27-77, s 1; 11-9-83, s 1)
A~y industrial u~er violating th~ provisions cf thi~
article shall be guilty of a misdemeanor punishable by a fina
of not more than on~ tho~6and dollar~ ($1,QQQ.QO) per day for
each violation. The director may seek injunctive relief and
civil and a~ministrative fines of no~ moro t~an one thousand
dollars ($1,000.00) per day for significant violations.
13. N~WBU$IN~S$
13.A. A~OPTION 0F OI~13qANCE O~
~D~ 0F 'z'~ ~ OF ~ST~I~-n. 1978. ~ ~.
~N~ SE~ION 8-69. ~T~ ~
Mr. ~ioas stated ~at ~e 1990 Gate,al A~sembly had uu~orized
help off,et main~ena~0e of ~= Co~ou~e and that this year~
~e 1991 General Assembly ~a~ eli~inate~ ~e July 1~ 1991
sunsat provision which now allows the County to continu~ the
~, 1991. He stated the Board needed to adopt
an emergency ~si~ in o~de~ for th~ cowry to continue
collectlng the $1 fee paat J~ly 1, 1991 an~ to set
July 24, 1991 for a p~lio hearing ~o oonside~ ~eadoption of
~e ordinance.
O~ motion of Mr. Daniel, soconded by ~. Applegate, the Boar~
adopted, on an emergency ba~i~, t~e following ordinanc~ and
s~D ~ da%~ of July 24, 199i at 9:00
readoptio~ of t~e o~di~a~ce:
~ O~IN~CE TO ~D THE CODE OF ~R
0F CH~ST~D, 1978~ AS ~NDED, BY ~DING
SE~ION 8-69, RE~TING TO
~SESSM~ OF FEES IN CR~INAL ~D T~FFIC CASEB
B~ IT ORDAI~9 by the Board of Supervisors of
Chesterfield Cowry ~at the Code of the County of
g_~9~9.~.~!~, 1978, am ~end~d, is ~ended as
Article ~. Tem~o~arv Assessment
Bec. 8-69. t~osed: amonnt: cel/eetion3~D~lication
(a) Pursuant to Section 14.1-1~.~ of the _Cod~
Vir~iniu ~he County h~reby assesses as ~art of the costs
incident to each criminal and traffic caEe brought in the
general distrist or circuit courts of the county, the ~um of
two dollars
(b) Such assessments shall be collected by the clerk of
the court in which the action is filed, and remitted to the
treasurer, ~ubject =o disbursements by t~ha board of
s~pe~visors, for the construction, renovation or maintenance
of courthouse or jail and ceur~-rolated £a0ilitie~ an~ %0
91-409 6/12/91
defray increases in the cost of heating, cooling, electricity
and ordinary maintenance.
vote: Unanimous
F~. Micas stated %~hat State law requires the o~re~t Board of
supervisors to set the salaries for the 1992-1996 Board of
Supez~;isors prior to July 1, 1991 and must also set the rate
far any supplements for chairman and vice chairman of the
Board. He stated the current Board salaries have been
sane since 1988.
Mr. Mayas made a motion to defer establishing the salaries for
motion failed.
It was the general oonsensus of the Board that due to tho
do~rntul~n in tho ~¢onomy and the ingressing demand on the
public dollar, that the salaries for the Boer~ of Supervisors
should remain ~he same and that increases in the future should
be in conj~u~ctioo with the cowry e~loyees' salaries.
On ~otlon of ~Lr. manlel~ seconded by ~ir. Currin~ the Board
adopted the salaries for the 1992~96 Hoard o~ Supe~isors in
whic~h ~he salaries will remain the same~ as well as
aupplmments for Chairman and Vice Chairman, and any future
salary increases will change based on general increases in
for the 1996 year will not exceed the cum~ulatlve increase in
County salaries for the period between
Mr. Mayas made a motion to reduce the Board of Supervisors
~alaries. Mr. Sullivan ate=ed ther~ wa~ alrea4y a motion on
the floor and his motion was out of order.
A vote on the motion wa~ as follows:
Ayes! Mr, S~lliva~, Mr. C~rri~, ~4r. Applegate a~d ~r. Daniel.
Abstention: Hr. Mayas.
On motion of Mr. Mayas, seconded by Mr. Sullivan~ the Board
nominated for reappointmsnt Mr. Curtis C. Duke, reprosen=ing
Matosca Di~triot, and Mr, William F. $~ymour, representing
Midlothian District, to serve on the chesterfield county
Industrial Dovelopm~n~ Authority, whose formal appointments
w~ll be made at the Jnne 26, 1991 meeting.
1].C.2. HEIl%O1~OL~TAN~(~D CONVENTXONi~ND ~/SITO~S ~EAU
on motion of M~. Daniel, seconded by ~. Mayer, t~e Board
nominated for reaDDointment M~. Ann ~derson and ~. Richard
L. Young to serve on ~= M~cpolitun Ric~ond Convention and
Vote:
On motion of ~. Daniel, ~econded by Mr. ~rrin, the Board
ti~e of Ks. ~ Anderson and Mr. Richard L. Young to serve on
9t-41O 6/12/~1
the Metropolitan Richmond Convention end Visitors Bureau,
representing the County at~l~rge.
vote: Unanimous
On motion of F~r. Danle], seconded by Mr. Currin, the Board
a~lgointed Ms. A~n A~der~on and Pit. Richard L. Young to serve
on t/%e Metropolitan Richmond Convention and visitors Bureau,
representing th~ County at-large, whose term~ are ~ffactive
July 1, 1991 and will sxplre J~/ne 30, 1993.
vote: Unanimons
Mr. Applegate inquired if colonel JoeeDh J. Holicky had
expressed a desire to continua serving on the Camp Baker
Management Beard. $=af~ indicated they Would get an touch
with Colonel Eolicky and bring the nominatioR tO the Board at
On motion of Mr. Currin~ seconded by Mr. Applegate, t~e Board
nominated for appointment Mr. Emme~ ~arper, representing
Be~uda District, to serve on the CamD B~er ~a~age~e~t Board,
whose fo~al appoin~ent wil~ be made mt the Uune 26, 1991
Vo=e: Unanimou~
O~ motion of Mr. C~rin, seconded by ~. Applegate, the Board
suspended its ~les to allow appointment at thi~ time of
~ett Marpe~, represe~tin~ Bermuda District, to serve on the
On m0%ion of ~r. Currin, seconded by ~. Ap~legate, the Board
effective i~ediately and will ~ire April 7, 1994.
On m~tlon of NF. Currin, seconded by Mr. Applegat~, th~ Boa~d
nominated for appointment ~r. G. M. "skip" wallace,
representing the County st-large, to serve on the Preservation
Committee, wko~ formal apRointment will bs made at the June
On motion of /~]i. Coffin, seconded by Mr. Applegmta, the Board
suspended its rules to allow appointment a~ t~i$ time of Mr.
G. M. "Skip" Wallace, representing the cowry at-large, to
Vot~: Unanimous
whose te~ is effective i~e~iately an~ will exDire June 30,
vets: Unanimou~
0n motion cf Mr. Currln, ~econ~e~ by Mr. Applsgate, the Board
nominated for reappolntment Ms. $udy Du~n, representing the
County at-large, to serve on the Central Virginia Waste
Management Plan - Citizen Advisory Committee, whose formal
appointment will be made at the June 26, 1991 meeting.
vote: Unnnimous
13.. CO $
13.D.1. APPROI~IATION OF T~-C]~T ~O~D ~S FOR
On motion of F~7. Applegate, seconded by Mr. Daniel, t_he Board
apgro~rlated $2,000 ~rom each of the Sive Magisterial
District's T~ree Cent Road ~h/nd~ for th~ War Veterans Memorial
Wall Project, which project will consist of a memorial wall to
be built around the County's historic ~seum complex ground~.
$5,000. It is noted t~hat eufficient fund~ are available in
each of th~ five ~gi~terial Di~trlot~s T~ee Cent R~ad ~d
ACcosts to e~pend $2,000 from each Account.)
Vote: Unanimou~
On motion Of ~. Applegate, seconded by ~. Daniel, t~ Board
approved participation in ~e National Co~un~ty Development
Block Grant (CDBG) Pro~um (which could potentially q~alify
~ co,ay ~or over $1 million in ~ral gran= /unds annually
whi~ m~y be ~sed to finance projects primarily ~nefitting
lower income f~ilies such as housing rehabili=ation~ sewer
and/or water conn~ct~on~, road paving, code enforcement, etc. )
and authorized the County A~ini~trator to execute any
~tatus and appropriated ~aid f~d~ upon approval by
I~.D.3. NEW HEN~ALHEALTH/HENTALR~_ADDATION~DICAID W~_~v~d~
On motion of ~4~. Applsqate, seconded by Mr. Daniel, the Beard
a~rcpriat~d a~itienal revenues and expenditures in the
amount of $85,500 ~ffectiv~ J~ly l, 1991 and authorized
estabiishm~nt sf a rssldentlal counselor position to meet the
residential needs of the Mental Health/Mental Retardation
Medicaid Waiver Prog=am w~ioh Program will assist the County
in continuing its leadership role in providing s~all,
oommunity integrated services and ~upport =o individuals. (it
is noted ~i~ position ie to be funded with the above
a~propriation.}
· %-D-~- C~NSID~C~ANGEORD~I~OR¥OUT~I%OITI~BOM~FOR
On motion of ~. A~plegate~ seconded by ~. DaniUl, t~e BOard
a~thortzed ~e County A~inlstrator to exeGute a Change Order,
in ~e ~o~t of $15,320, for ~ Ycu~ Group Home to provide
91-412 6/12/91
additional water line and plumbing fixtures, to Kenbridge
Building systsms~ ins. (It is noted said funds will come from
the Youth GroaD Home Project Account.)
13.D.5. STATE I~OADACCEPTANCE~M~DM~
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in ~iting upon him
~xamination o~ ~roa~each Drive, offshore ~ive, ~reaker Point
Lane and Breaker Point Co~t in A~hbrock, ~ection II~ Matoaca
District.
U~un ~onslderatlon whereof, and ~n motion of ~. Applegate~
seconded ~ ~. Daniel, it im remolved ~at Broadreach Drive,
offmhorm Driv~, Breaker Point Lane and Breaker Point Court in
Ashbrook, Section II, Matoaca District, be and ~ey hereby
established as public roads.
~d b~ it further resolved, that the Virginia Bap~tment of
Transportation, be an~ it hereby i~ re~ested Us taka into th~
Secondary System, Broadreach Drive, beginning at existing
Dro=dremch Drive, State Route 4201, and going sou~erly 0.14
Drive, beginning a~ the intersection wi~ Broa~eao~ Drive and
qoing sou~erly 0.05 mile~ t~en turning and going northerly
0.~9 milo to th~ inters~ction with BreWer Point Lan~, ~h~n
continuing no~erly 0.08 mile to end at existing Offshore
Drive, ~tate Route ~203; Breaker ~oin~ Lane, ~egi~ing a~
i~te~seotio~ With Offshore Drive end going wostorly 0.06 mile
tO e~d a= ~e i~tersaction with Bre~er Point Court; and
Breaker Point Court, beginning at ~e inter~ectio~ with
BreWer ~oin~ ~ne an~ going northerly 0.15 mile to end in
cul-de-sac. Again, Breaker ~oi~t Court, boginning at
in~er~ect~on with Breaker Point Lane and goinq southerly
mile to end in a cul-de-sac.
Thi~ re~m~t in inGl~$iv~ of the adjacent sloDe, eight
distanc~ and designated Virginia Department of Transportation
drainagm
And be it fur~er resolved, that the Moard o~ Supmrvisors
~arantees to the virginia Deponent of Transportation a 40
right-of-way for all of these roa~s except Broadreach Dr~ve
and Offshore Drive whi~ have m ~0'
Thim section of Amhbrook is recorded as followm:
Section 2. Plat Book 55~ Page ~9, DecaYer ~,
Vote: Unanimous
This day the County Envirornnental ~ngine~r, in accordance with
dlreotions ~rom this Beard, made re9or% in writing upon his
examination of Nswbys Wood Trail and Barefoot Trail in Newby~
Wood, Section C, Clover Kill District.
Upon considsration whereof, and on motion of Mr. Applegate,
seconded by 5ir. Daniel, it is re~olved that Newbym Wood Trail
and Barefoot Trail in Newhys Wood~ Seetio~ C, Clover Hill
Di~trlot, b~ and they hereby are e~tabli~hed as public
And be it further resolved, that the Virginia Department of
Transportation, be and it hereby is requested to take into the
91-413 6/12/91
Secondary System, NewDye Wood Trail, beginning at existing
Newbye Wood Trail, State Routs 3685, and going northwesterly
0.09 mile to the intersection with Barefoot Trail~ then
continuing northwesterly 0.04 mile to end in a dead end; and
Bare£oot Trail, beginning at the intersection with ~ewbys Wood
Trail, and going southwesterly 0.~ mile to end in a dead end.
This request is ~ncluslve of the adjacent slope, sight
distance and designated Virginia Department of Transportation
drainage
These roads serve 19 lot~.
And be it f~t~e= ~e~olved, that the Board of supervisors
guarantees to thB ~irginia Department of Transportation a
right-of-way for both of these road~.
This Bection of Newbye Wood is recorded as
· ectlon C. Plah Book 69, Page 46, October l?, 19~.
Vote: Unan~/~ous
This day the Scanty Environmental Engineer~ in accordance with
directions frsm this ~oard, made report in writing upon hi~
examination of si~ Dinnadan D~ive in a po~tion of A~/%ten Woods
North, Section B, Dale District.
~en consideration whereof, and on mo~ien of ~r. Applegate,
seconded by Mr. Daniel, it is resolved that ~ir Di~nada~
in a portion of Ashton Wood~ North~ Section B, Dale Dimtris~,
be and it hereby i~ e~t&bli~hed 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, Sir Dinnadan Drive, beginning at the
intersection with Sunset Knoll Road, State Route 4004~ and
going nsrtherly ~.05 mile to end in a cul-de-sac.
This request i~ inclusive of the adjacent ~lope, sight
distance and designated ~irginia Department of Transportation
drainage easements.
And be it further resolved, =~at =he ~oard o£ supervisors
guarantees to the Virginia Department of Transportation a
right-of-way for ~hls read.
This section o~ Ashton Woods North is recorded as ~sllowe:
Saurian ~. ~lst Book 57, Ps~e 9, May 20, 1987.
Deed Book 2061, Page 1686, December 14, 1989.
Deed ~ook 2066, Page 806, January 10, 1990.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
dlract~ene from this Board, ~ade report in ~riting ~pnn his
examination of Bel~meadow~ Terrace and Wind~np-/~n Lane in
BuntingoTeek Hills, Section F, Dale District.
Upon consideration whereof, and on motion of ~. Applegate,
seconded by ~r. Daniel, it is resolved that Bel~meadcws
Terrace and Winding,un Lane in Huntingo~ee~ Hills, Section F,
Dale District, be an~ they hereby are established as public
91-414
And be it further resolved, that the Virginia Depart~en= of
Transportation, he and it hereby is rag%tasted to take into the
secondary System, Bellmeadows Terrace, beginning at the inter-
section with Ballmeadews Road~ State Routs 1918, and going
~Q~herly 0.Q~ mil~ to end in a cul-de-sac; and Windlngrun
Lane, beginning at the southeastern end of e~isting Windingrun
Lane, State Route 1919, and going sout. heastarly 0.03 mils to
end in a cul-de-sac.
This request is inclusive of the adjacent ~lope, ~ight
distance and ds~ignat~ Virginia Department of Transportation
drainage ea~ement~.
And be it further resolved, that the Bear~ of Supervi~or~
g~arantees to the Virginia Department of Transportation a 50~
right-of-way far Win41ngrun Lane an~ a 40' right-of-way for
Bell~eadows Te~ace.
This section of ~untingcr~k ~i~ls is recorded as follows:
Section F. Plat Book ~, Page 11, ~anuary 2~, 1989.
This day th~ Ce~/l=y Envir0nm~ntal Engineer, in accordance wit~
directions from this Board, made report in writing upon his
examination of crossinqe Way in Cream C~ee~, Section D,
Midlothian District.
Upon consideration whereaS, and on motion of Mr. ApDlsgats,
seconded by Mr. Daniel, it is resolved that Crossings Way in
Cro~s Cr~k, eeetisn D, Hidlothian Die,riot, ba and it ~ereby
is established as a public road.
And be it further re~olved, that the Virginia Department Of
Secondary Syztem, Cro~ing~ Way, beginning at the end of
e~isting Crossings Way, State Route 3V73~ and going northerly
O.l~ mile to end in a t~4~porary turnaround.
This request is in¢lusiYa of the adjacent slope, sight
distance and designated Virginia Department of Transportation
~rainaga easements.
This road s~rves 9 lots.
And be it further resolved, that the Board of Supervisors
gusra~tee~ to tse Virgi~iu Depurtm~nt of Transportation a 50'
right-of-way for this road.
Ssctlon D. Plat Book 6~, Page 82~ August 30~ 1988.
Vote: Unanimous
This day the County Environmental ~ngineer, in accordance with
directions fr0~ this Board, made report in ~riting upas hie
examination of Summerhurst Delve and Nisty Rinse Court in
Read's ~ill, Sectien A, Midlothian Distlist.
Upon Consideration whereof, and on motion of ~. Applega~e,
sseond~ by ~r. Daniel, it is resolved that Summerhurst Drive
und Misty Ri~g~ Court in Reed's ~ill, ~¢tien A, Mi~lethlan
District, be and they hereby ara established as puhlio roads.
And be it further resolved, that th~ virginia Department of
Tranm~or~atlon, Be and it hereby is requested to take into the
Secondary ~y~tem. SDl~erhurst Drive, beginning at the
intersection with Rohious Cross~ng Drivm, State Routm 8~2~ and
going northwesterly 0.06 mile to the interse=tlon with Misty
Ridge Court, then tnrninq and going northerly 0.39 mile to end
at proposed summerhurst Drive, Reed's Hill, Section B; and
Misty Ridge Ceu~t, beginning at the intersection with
summerhurst D~ive and going northerly O.M2 mile to end in a
cul-de-sac.
This request is inclusive of the adjacent slope, sight
distance and designated Virginia Department of Transportation
These ro~ds serve 39 lots.
~d be it fu~her remolved, ~at th~ ~oard of Supe~vi~orm
~arantees to ~e virginia Depa~ment of Transportation a 5o*
right,f-way for both of th~$e roads.
Thim mection of Reed~m Hill im reoord~ a~ follows;
Section A. Plat Book 60, Page 6~, ~aro~ 17, 19SM.
Vo~e: Unanimous
This day ~m County =nviro~ental =ngin~r, in accordance with
directions f~ this Board, made report in writing upon him
a~minagion oS Brig,=on Drive in Brighton Place, Midlothian
Dimtrict.
Upon consideration whereof, and on motion of Mr. Applegat~,
~r~ghton ~lmce, Midlo~ian Dimtrlct, bm and it here~ is
established as a public read.
~d be i% f~er resolved, %hat the Virqinia Department of
Transportation, ~ and it h~reby is r~4 to t~e into the
secondary system, Brighton Drive, beginning at the end of
existing Brighton Drive, State Route 2105, and going
northwesterly 0.05 mile, ~an turning and going northerly 0.11
mile to end in a cul-de-sac.
This re,est is inclusive o~ ~m adjacmnt slope, might
distance and designated Virginia Department of Transportation
~aina~e eas~ents.
~d ~ it Zurther resolwed, that the Boar~ of Su~ervls~rs
~arantees to the Virginia Depar~ent of Transportation a S0'
Plat Book 66, Paqe 30, May 3, 1989.
Vote: Unanimous
13.D.7. AG~ FOrt NA/I~T~ANCE OF ~TO[~ ~(AT~t DP~NA~E
SYS~]~ 2~D BF.~T I~A~FA~]~NT PRA~TI~ FA~ILIT~ FOR
0~ motio~ of ~r. Applegate, seconded by Mr. Daniel, the Board
Drainage Systems and Best Management Practice Facility
Agreement for A~hbrook~ Sections 1 through 4, with S & B
Development Company of Virginia, Inc., with the county's only
i~vol~cment being to assure that the Maintenance Agreement is
followed by the owner. (A copy CZ said Agreemen= is filed
with the papers of this Board.)
Vote: ~anlmou~
91-416 6/12/91
On motion of Mr. Apple~ate, ~econded by ~r. Daniel, ~e Board
fireworks display at the Cloverleaf ~11 parking lo% on July
3, 1991, w~ich re,est is ~ub~ect to approval by ~e Fire
Depar~ent and the County Attorney's Office.
Vote: Unanimous
On motion of ~. Applegate, seconded by ~. Daniel, the Board
set ~he da~6 of ~e 26, 1991 at 9:00 a.m. for a ~ublic
hearing to con~ider a l~a$~ ~f County property to 01d bo~i~i0n
anU authorized use of tempora~
vote: Unanimous
13.D.9.c. ~OC0~J/DEHAHOP, Dlq~ANCETOi~h~NI)'rH~CODE
2X-67.2~. 21-163 ~ 21.1-2~6
0n motion of Mr. Applegate, seconded by Mr. Daniel, the Beard
set ~e date of July 24, 1991 at 9:00 a.~. for u public
hearing to conside~ a~ o~dinanc~ to ~end
County of ~esterfle!d, I97~,
~ee~aoti~g Sections 21-62, ~1-63.~.1, ll-67.23, 21-163 and
~1.I-2~6 relating generally to si~ pmrm~t~ and outdoor
advertising si~s.
Vote: Unanimous
On motion
voto:
91-417 6/12/91
0X ~O~iO~ of ~r. Appl~gate, seconded by Mr. Daniel~ the Board
authorized the County A~ini~trator to ma~ application to the
Virginia Depar~men~ Qf ~ore~t~ ~o the "~xica the Beautiful"
Pro~, in the amount of $10,000, and to ~e S~all Business
Administra=ion Matra1 Resources Development Pro.am, in th~
ameunt of $20,000, for grant fund{ to plant trees in
conjunction wi~h approved ~ounty proj~ct~, including the
Che~ter Village and Midlot~ian village St~eetzcape Plans as
well as t~e Ettri~ village Plan and posmibly a uo~ty Parks
and R~creation project and, f~ther, appropriated ~aid f~ds
vote: Un~nlmous
I{.E. ~TILITI~S DEP/%RT~T IT~
~.~ ~ AY~.~ IN A ~SION OF ~ ~ ~
Mr. Sale ~tated thi~ da~e an~ ~ime had b~n advertised for
public hearing to consider a request, b~ the adjoining
property owners, to vacate an ele~en foot alley know~ as the
W. C. Trueheart property.
There wam no one pre~ent to address thi~
0~ motion of ~. Currin, seconded by ~. Applegate, the
adopted the fotlow~ng re~olution:
~ O~IN~CE whereby ~e CO~TY 0F
CHEST~FI~T.n, VIRGINIA, ('~G~TOR")
to G. M. W~CE~ ~. and STACY M, WA~CE,
(husband ~d wife), and ~ H~Y and
SUS~ V. HE.Y, (~usband and wife),
["G~T~E"), an II* alley in a s~division of
land kno~ us the W. C. Truchuurt p~ope~y,
~e~u~a ~agisterial Distriot, C~es=erfiel~,
Virginia, ms sho~ on u plat ~=rcof duly
Co~t of Chesterfield County in Deed Book
133, Page 134.
~S, G. M. WAL~CE, ~., ~TACM M. WAL~CE, ~S~LL
HElM and SUS~ V. ~E~Y, petitioned the ~oard of Supe2vi~o~
of Chesterfield Co,ay, virginia ~o vaoate an 11' all~y in
subdivision of land ~oE as th~ W. C. Trueh~art property,
Be~uda Magieterial District, ~e~terfield county, virginia
more partioularly shown on a plat of record in ~
Office of the Circuit Court of said County in Deed Book
Page ~34, dated April 9, 19iS, made by W. W. ~Prade ~ Dro~.
T~e alley petitioned to ~ vacated is mo~e fully desoriDed
follow=:
~ ~1' alley in a subdivision of land kno~
as the W. C. Tru~ear= property,
0istriot, Chesterfield, Virginia, as sh~n Qn
a ~lat t~e~eof by Harvey C. Pa~Rs, Ino.~
dated Maroh 16, 199Q, and revised Maroh 27~
1998, u copy of which i~ attached hereto and
15.1-431 of the Code of Virqinia, 1950, a~ amended, by
~E~S, no public necessity ~xist~ for ~e oontinuan=e
of ~he alley =ought to be ~acated.
91-418 6/12/91
NOW T~=R~FORE, BE IT ORDAINED BY THE BOARD oF SUPERVISORS
Thst pursuant to Section 15.1-489(b] of the Code of
Virginia, 1950, as amen4ed, the aforesaid alloy be add is
accordance with section 15.1-482(b) of the C o Vir in/at
1PS0, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
soom~ than thirty days hereafter in the ¢!erk*s Office of the
Circuit Court of Chesterfield Co%h~ty, Virpinia pursuant to
portion of the plat vacate4. This Or~inunoe shall vent fee
simple title of the alley hereby vacated in the property
owners of Lots 2 and 3 in a subd~vlslon of land known as the
W. C. Trueheart property free and clear of any rightn of
public use.
Accordingly, this ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as grantor and G. ~. WALLAC~,
~NRY and $USAN ¥. HEKRY, (husband and wife) , Or their
l~.E.2.b. ~P~FAL OF ~TILITI~S CO~C~ FOR R~%R.
On motion of Mr. Daniel, seconded by Mr. Applegat~, the Board
approved Utilitles contrast for H~lmar - Sectlcn c, county
Project Number 89-0538, a~ follows, which project includes the
extension ef 388 L.P. ! of 16" water lines which will provide
service to the adjoining properties and au~orize~ ~e County
Administrator to execute any necessary documents:
Developer: Lou~z A. Fa~er and Maria G. Fa~e~
and Nancy J. Gordon
Contractor: Lyttle Utilities, Inc.
Contract ~o~t: Estimated Total - $25,050.85
Total Estimated County Cost:
Water (owersizing} - $ 7,643.80
Refund th~u connections)
=~timat~d Developer cost: - $17,407.05
Vot~: Unanimous
On moti0~ of Mr. Daniel, seconded by Mr. Ap~legate, the Board
approved a request f=um L. L. Cuudle and E. J. Bell, the
developers for Genlto Estates Trunk sawer, to a~end The
County/developer Contract No. 86-7139 for Genito ~state~ ~rurn~
Sewer, dated Septembe= la, 1~6, and as a~ended by Board
action on January 11, 1989, be amended to includ~ refunds from
connection fees collected from r~he connection fees collected
in the St. Regents Lake Su~ivisi0n and other sResiflad
properties and authorized the County Administrator to execute
any necessary do--ants. (It is noted a copy of t. he plat is
filed with the papers of thin Board.)
91-419 6/12/91
Vote: Unanimous
13.E.2.d. ACCEPTANCE OF PARCI~O~L~NDALON~ O~DH~NDR~D~AD
FRO~LAP~I~TE A~. INC.
On motion of ~. Daniel, ~econded by Mr. Applegate, the Board
accepted, ~ b~alf of th~ County, th~ Go~v~y~ao of a parcel
of ]a~d contalnin~ 0.102 ~c~e ~long Old Hundred Road from ~
Peti~ Academy, Inc., and authorized the County A~ini~trator
to ~ecute the necessary deed. (It is noted a copy of the
plat is filed with the papers of this Beard.)
Vote: UnanlmouE
FROHHR. HICI~AELT. BAt~ANDJ. K. TII~iONZ. Jlt.
On mo~ton o~ ~r. Daniel, ~econde~ by ~. A~plegate, t~e ~oar~
accepted, on behalf of the County, the conveyanm~ of 1.~66
ucre~ of lund ~or a Dort~on of Hamlin ~mk Par~uy, from
noted a ~opy of th~ plat is filed with ~ papers of this
Board.)
WITHIN COUNTY I~T~ItT-OF-WAY ALONG OLD HUNDR~) ItOAD
On ~otion of Mr. Daniel, seconde~ by Mm. Applegate, the Board
approved a request from C & P ts install buried cable within
County right-of-way along Old Bermuda Hundred Road, subject to
the plat is filed with the paper~ of this Bo~rd.)
Vote: Unanimous
13.R.2.h. AWA!~(IFWAS~6IiAi~CCONTRACT FOR 'rH~
SANITAItYTI~ONKSEWER
0n mo~ion of ~. Daniel, seconded by ~r. Applo~ate, ~e Board
Uwardcd Contract No. 88-0131 for the =onstruction of the J~s
River T~ Sewer to ~e low biddy=, Lyt~le Utilities, Inc.,
in the umount of $~,30~,089. (Tt i~ no%ed that f~ds for this
DroJ~ct ara aD~ropria~e~ in ~ =~ren% capital
vote: Unanimous
Mr. Currin disclosed to the Board that relating to Item
13.~.2.a., Declare a Parcel S~rpl~$ and Offer for Sale, be was
the owner of a piece of proper~y surrounding the area,
declared a potential conflict of interest pursuant to the
Virginiu Comprehensive Conflict of Interest Ac: ~nd excused
himself from the meeting.
13.R.2.a. DEf!I~JP~ A PARC~ OF ~ IN IrZCINITY OF l~O~r~ 1~
0n no, ion of ~. Applepate, ~e=onde~ ~ ~. Daniel, ~he Board
declared a .340 ~ acre parcel of 1~ on Route 10 in B~rmudu
District a~ surplus property and directed ~ ~rchaaing
Dependent to adv=rtise the parcel for ~euled bid~ subject to
the res~ation of ~e necessary easement~ and rights-of-way.
91-420 6/12/91
Ayes: Mr. Sullivan, Mr. Applegate, Hr. Daniel and Mr. Nayes.
M~. cu~r~n returned to the meeting.
Mr. Sale presented the Board with a report on the developer
water and sewer con~ract~ ~xecuted by t. ha County
Administrator.
Mr. Ramsay preaented TAle Board with u atatus rsport on tho
General Fund Contingency Accost; General Fund
Re$orvs for ~uture capital Projects; District Road and Street
Light Funds; Leaso Purchases; and School Board
Mr. Ramsay stated the virginia Department of Transportation
has formally notified the county cf the acceptance of the
following roads into the Stats Secondary System:
ADDITIONS
WEST SHOR~ (ella=rive 5-~-9i%
Route 4336 (West $~ore Road) - From Route 3600 to
0.~R mile North Route $600 0.28
Route 45~S (We&t Shore Court) - From Route 4336
to 0.05 mile East Route 4536 0.0§ Mi
Route 4319 (West Shore Lane) - From Route 4336
to 0,12 mile ~ast Routs 43~6 0.12 Mi
PRICE CLUB BOULEVARD (effective 5-17-91%
Route 906 (Price Club Boulevard) - From Route
GROVE FOREST ~ef3~e~ct~ve 5-17-9t~
Route ~33S (Grove Forest Road) - ~rom Route 3600 to
0.21 mile North Route 3600 O.Zl Mi
Route 4339 (Grove Forest Court] - FFO~ Route 4338
%o 0.14 ~ile Northeast Route 4~3s 0.14 ~i
14.
on motion of NM. Applogate, second.d by Mr. C~rrin, the Board
adjourned a~ 9:00 p.m. until June 26, 1991 at 9:00
Vote: Unanimous
~'Lahe ~. Ramsay
County Administrator
~..~/BU'llivan
Ch~Q~kman
91-4~1 6/1~/91