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01-11-1978 MinutesCHESTERFIELD COUNTY BOARD OF SUPERVISORS MINUTES JANUARY 11, 1978 Supervisors in Attendance: Mr. E. Merlin O'Neill, Sr., Chairman Mrs. Joan Girone, Vice-Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman Mr. R. Garland Dodd Mr. Nicholas M. Meiszer, Co. Admin. Staff in Attendance: Mr. Stanley Balderson, Acting Dir., Community Development .'Mrs. Joan Dolezal, Secretary Chief Robert L. Eanes, Fire Dept. Mr. Steve Micas, County Attorney Mr. Richard McElfish, Environmental Engineer Mr. Robert Painter, Director of Utilitie Mr. Bill Bpple, Senior Planner Mr. Willis Pope, Right-of-Way Engr. Chief Dennis Trulington, Fire Dept. Mr. David Welchons, Asst. Dir. of Utilities Mr. John Williams, License Inspector Mr. Meiszer called the meeting to order at the Chesterfield County Courthouse at 9:10 a.m. (EST) Mr. Dodd gave the invocation. Mr. Meiszer stated the first order of business was the election of the Chair- man and stated further the floor was open for nominations. Mr. Apperson stated he would like to nominate Mr. O'Neill for a one year term because several pending matters were underway and it was not advisable to change Chairmanship at this time. Mr. Dodd seconded the nomination. No other nomi- nations were made. Vote: Unanimous Mr. O'Neill thanked the Board for their confidence and stated the past two years had been the most hectic in the County's history and stated now that things have settled down, the Board could be more concerned with policy issues and matters like space problems, water and sewer bond issues, etc. He offered his assistance and asked the other Board members to let him know of any. problems that exist or come up. Mr. O'Neill stated the floor was open for nominations for Vice-Chairman. Mr. Dodd nominated Mrs. Girone for a one year term as Vice-Chairman because he, too, felt there were matters initiated which should have the benefit of the same Chairman and Vice-Chairman while being discussed. He added further that he felt Mr. O'Neill and Mrs. Girone made a good team. Mr. Bookman seconde~ the nomination. There were no other nominations made. Vote: Unanimous Mrs. Girone thanked the Board and stated she looked forward to working with each and every member of the Board again this year. On motion of Mr. Apperson, seconded by Mrs. Girone, the Board set the second and fourth Wednesdays at 9:00 a.m. as the regular meeting dates for the Board of Supervisors. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the minutes of December 14th 15th and 23rd were approved as amended. Vote: Unanimous 78-1 On motion of Mr. Dodd, seconded by Mr. Bookman, the Board of Supervisors this day approved all claims presented to the County for the month of January, 1978, and authorized the Treasurer of the County to issue warrants, a copy of said warrants is filed in the Central Accounting Department. Vote: Unanimous Mr. Bookman inquired when lines would be painted on the roads in the County. Mr. Covington stated not until the weather became warmer. Mr. Apperson voiced his concern over traffic control lights, especially at the intersection of Beach Road and Route 10. Mr. Covington stated the High- way Department, after a period of time, looks at the accidents, the types, etc. to determine if a light is warranted. He added further that a certain count has to be met which the Courthouse area would meet during peak hours but felt that during the remaining hours when the count would be taken there would not be enough traffic to have this location qualify. Mr. Meiszer stated if the road between the Social Services and Health Departments were closed or made one-way and traffic funnelled onto Lori Road, the count might be heavier and enough to make that intersection qualify. Mr. Covington stated he would investigate the matter and contact Mr. Meiszer. On motion of Mrs. Girone, seconded by Mr. Bookman, it was resolved that the Virginia Department of Highways and Transportation be requested to conduct a study at the intersection of Route 60 and Robious Road to determine if this location warrants a traffic control light. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Apperson, the following resolution was adopted: Whereas, conservation or the saving, protecting and preserving of our natural resources should claim the deep and considered concern of every patriotic citizen of the County; and Whereas, some provision must be made for wildlife if it is to continue to exist. Now, Therefore Be It Resolved by the Board of Supervisors of Chester- field County, Virginia, that the entire area embraced within the Stonehenge Subdivision, as described in the schedule attached hereto, be and the same is hereby designated as a Bird Sanctuary. That it shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of Chesterfield County, then in such event said health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Society, or as many of said clubs as are found to exist in the Stonehenge Subdivision, after having given at least three days actual notice of the time and place of said meeting to the representatives of said clubs. If as a result of said meeting no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the super- vision of the Chief of Police of the County of Chesterfield. Permission is hereby granted to the Stonehenge Garden Club to place.,. subject to the regulations of the Virginia Department of Highways and Trans- portation, suitable plaques at the various entrances of the Stonehenge Subdivision stating that said Stonehenge Subdivision is a Bird Sanctuary, as an appeal and reminder to Tourist and Native alike. Vote: Unanimous 78-2 Mr. Dodd thanked Mr. Covington and his department for the improvements made on Bellwood Road. Mr. Covington stated that primary funds had been spent for these improvements. Mr. Dodd inquired about a hearing regarding Chester and Route 10. Mr. Covington stated there had not been any new developments. Mr. Dodd inquired about the progress regarding the Rt. 295 crossing of the James River. Mr. Covington stated he would investigate the matter and let him know. Mr. Dodd inquired about sidewalks on Osborne Road. Mr. Covington stated this matter could wait for a month before adopting a resolution. Mr. O'Neill inquired about the conditions of the roads on Milhorn and South Street. Mr. Covington stated he had not heard anything lately about this matter but if the problems were caused by the settling of the sewer lines it would not be their responsibility for three years. Mr. Dodd stated he hoped the Board's commitment to the Point of Rocks Park was far enough along so that the proposed resolution was basically a formality. He added further that he hoped this right-of-way would not be a detriment to anyone's property. Mr. Poole stated it would not. Mr. Meiszer stated the sum may exceed what was anticipated and it was the staff's intention to apprise the Board of this. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that the following resolution be adopted: Whereas, the Point of Rocks Park is to be owned and developed by the County of Chesterfield as a recreational facility serving the residents of Chesterfield County and adjoining counties; and Whereas, the facility is in need of adequate access; and Whereas, the procedure governing the allocation of recreational access funds as set forth in Section 33-136.3, Code of Virginia, 1950, as amended, requires joint action by the Commission of Outdoor Recreation and the Highway Commission; and Whereas, a statement of policy agreed upon between the said Commissions approves the use of such funds for the construction of access roads to publicly-owned recreational areas or historical sites; and Whereas, the Board of Supervisors of Chesterfield County has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et. seq.), Chapter 11, Title 15.1; and Whereas, it appears to the Board that all requirements of the law have been met to permit the Commission of Outdoor Recreation to designate the Point of Rocks Park as a recreational facility and further permit the Virginia Highway Commission to provide funds for access to this public recreation area in accordance with Section 33-136.3, Code of Virginia, 1950, as amended. Now, Therefore, Be It Resolved that the Board of Supervisors of Chester- field County hereby requests the Commission of Outdoor Recreation to designate the Point of Rocks Park as a public recreational area; and to recommend to the State Highway Commission that recreational access funds be allocated for an access road to serve said park; and That the Virginia Highway Commission is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described; and Further Be It Resolved that this Board agrees to pay the cost of obtain- ing a 40-50' unrestricted right-of-way, if necessary, and to pay the cost of adjusting all utilities; and Further Be It Resolved that it is this Board's intention that should a bond referendum pass for recreational facilities that the amount expended would be refunded from the proceeds of the bonds. Vote: Unanimous 78-3 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Stella Road and Stella Court in LaMar Place, Clover Hill District. Upon consideration whereof, and on motion of Mr. Bookman, seconded by Mr. Apperson, it is resolved that Stella Road and Stella Court in LaMar Place, Clover Hill District, be and hereby are established as public roads. And be it further resolved that the Virginia Department of Highways and Trans- portation, be and it hereby is requested to take into the Secondary System, Stella Road, beginning at its intersection with Belmont Road (State Route 650) southeasterly 0.07 mile to its intersection with Stella Court; Stella Court, beginning at its intersection with Stella Road 0.03 mile southwesterly to a cul-de-sac; Stella Court, beginning at its intersection with Stella Road northeasterly 0.05 mile to a cul-de-sac. These roads serve 13 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for each of these roads. LaMar Place is recorded as follows: Plat Book 25, page 57, January 6, 1976. Vote: Unanimous It was duly moved by Mr. Bookman, and seconded by Mr. Apperson that the following resolution be adopted: BE IT RESOLVED, that the Virginia Department of Highways and Transpor- tation is hereby requested to add a section of road from Route 653 to 0.36 miles west to a cul-de-sac, a distance of 0.36 miles, to the Secondary System of Chesterfield County pursuant to Section 33.1-229 of the Code of Virginia of 1970, as amended. This road is known as Sunset Hills Drive. AND BE IT FURTHER RESOLVED: That this Board does guarantee the Common- wealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 1149, Page 209, dated April 4, 1975. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the County Treasure] was authorized to pay Mr. J. M. Reynolds the following: $2,800 from the Stub Road Fund (681-0645) and $800 from the Stub Utility Fund (682-0645) for a total of $3,600. These monies were posted by DSC Mortgage Company on January 1976. This money was used for the construction of Loch Banif Drive, a desig- nated stub road. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the County Treasurer was authorized to reimburse Mr. Doug Bobbitt $3,000 from the Stub Road Fund (681-0645) as the Planning Commission eliminated Buteshire Road as a stub road This money was posted by DSC Mortgage Company on January 3, 1976. Vote: Unanimous Mr. Bob Goyne was present and asked Mr. Covington the status of the industrial road to the DuPont Acid Plant. Mr. Covington stated the Highway Commission would have to determine if this road qualified, if there were any funds avail- able, a survey would have to be made, the right-of-way would have to be ob- tained, the adjustment of utilities, etc. Mr. Goyne inquired what the possi- bility was of the funds being available. Mr. Covington stated the possibility was good. 78 -4 Mr. O'Neill inquired why sewers in the western part of Matoaca still could not be used when they were supposed to be operational last June. Mr. Welchons stated he had been told recently that the final inspections would be com- pleted by February 15th. Mr. Micas stated he had spoken with the Colonial Heights attorney and he indicated there had been some construction problems and that the City had called some performance bonds. Mr. Quaiff and Mr. Painter presented the Board with the sewer and water financial statements. Mr. Bookman questioned the priorities as listed. Mr. Painter stated these are the projects as listed in the original bond issue. Mr. O'Neill stated he would like to see these lists updated. Mr. Meiszer stated each Board member could contact the staff to work up a new list but that until a bond issue was passed there would not be any money for these projects. On motion of Mr. Apperson, seconded by Mr. Bookman, the following water contracts were approved: W78-8CD Huntingcreek Hills Developer: Salem Church Road Limited Partnership & G. Thomas Simmons, General Partner Contractor: Stamie Eo Lyttle Company, Inc. County Cost: $1,968.00 Code: 366-11684-8071 through connections $ 44,997.00 W77-81CD Walton Park, Section "C" Developer: George O. Gratz, Inc. Contractor: Lewis H. Easter & Company County Cost: $5,415.00 Code: 366-11684-8071 through connections $ 33,342.75 Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, a change order requested by Tremont Corporation for Contract W77-48CD in the amount of $2,156.92 was approved which change order covers the encasing of a water line across the Route 288 right-of-way to serve the Tremont Subdivision. Vote: Unanimous Mr. Painter stated he would like to defer consideration of a draft water agreement with Allied Chemical Corporation and Philip Morris Corporation because the drafts had not been completed. Mr. Bookman and Mr. Apperson were excused from the meeting. On motion of Mr. Dodd, seconded by Mrs. Girone, the following sewer contracts were approved: S78-1CD Huntingcreek Hills, Section B Developer: Salem Church Road Limited Partnership Contractor: Stamie E. Lyttle Co., Inc. County Cost: $1,445.00 Code: 573-11781-8071 $113,776.60 S77-81CD Providence Farms Developer: William B. & Gene H. DuVal Contractor: W. E. Duke & Sons, Inc. County Cost: $9,626.50 Code: 573-11781-8071 $ 75,250.55 S78-5CD Pennwood, Section 2 Developer: Pennwood, Inc. Contractor: Hawkins & Dettor, Inc. $ 72,498.72 78-5 3. S78-5CD (Cont'd) Pennwood, Section 2 County Cost: $4,166.25 Code: 573-11781-8071 4. S77-22CD/2 Tax Map 17-12, Parcel 4 $ 2,407.50 Developer: Townhouse Manor Apartments, Inc. Contractor: Bookman Construction Company County Cost: $1,830.40 Code: Cash Refund, From 573-34324-0380 to 380-77000-8070 Vote: Unanimous Mr. Bookman returned to the meeting. On motion of Mr. Bookman, seconded by Mr. Dodd, an agreement among Chester- field County, R. Stuart Royer & Associates and the State Department of High- ways & Transportation for water and sewerage facilities in connection with the construction of Route 150 (Chippenham Parkway) and Route 10 and Route 651 (Belmont Road) was approved subject to the approval of the County Attorney. Vote: Unanimous Mr. Painter stated he would like the agreement between the County and the Virginia Department of Highways and Transportation for water and sewerage facilities involved in the construction of Route 150 and Route 10 and Route 651 to be deferred at this time. Mr. Painter stated the County has an easement on the north side of the Swift Creek Reservoir and Brandermill would like the County to relocate this ease- ment so that they can subdivide additional land. He stated the cost of this relocation of the sewer line will be approximately $133,000 to the County. Mr. Micas stated an agreement had to be drawn up to obligate Brandermill to pay this amount back to the County. He stated he was satisfied with the agreement and assured the Board that this agreement would adequately protect the County. After further consideration of the matter, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that the Chairman be authorized to sign on behalf of the County an agreement with Brandermill for the reloca- tion of an easement and to sign a quitclaim deed conveying the existing ease- ment to Brandermill. Vote: Unanimous Mr. Painter stated there was a proposal for payment of sewer connection charge~ for the Wil-Car property on Route 10 which Mr. Porter, representing Wil-Car, has agreed to either of the following manners: 1. Pay for the 60 acres at $1,1250 now ($75,000) or 2. Pay $25,000 now and pay the additional amount at $1,750 per acre when the property is sold. Mr. Dodd stated he did not want to guarantee the sewer connection fees at $1,750. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that developers of the Wil-Car property pay the sewer connection fee for the property in either of the following manners as long as it is done prior to February 15, 1978: 1. Pay for the 60 acres at $1,250 now ($75,000) or 2. Pay for 20 acres now and pay the additional amount at the prevailing rate per acre when application is made for sewer service. Vote: Unanimous 78-6 Mr. Welchons stated the Highway Department has requested that a sewer line be lowered along Route 1-301 to install culverts across Route 1 to the Ber- muda Square Shopping Center. He added the cost is estimated to be $3,000 for this work and recommended the developers of the shopping center be responsible for this cost. Mr. Mason stated the estimates for the land work involved in this project has been exceeded and costs of drainage, land, etc. has exceeded $1.8 million and asked that the developers be relieved of this cost. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that the developers of Bermuda Square be refunded through connections an amount not to exceed $3,300. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the Right-of-Way Department was authorized to offer Joseph M. Smith and Martha Mae Smith $1,810 for the purchase of a sewer easement across their property along Genito Road in Clover Hill District which is needed for the Bailey Bridge Force Main. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the County Administrator was authorized to sign a deed of dedication accepting same on behalf of the County from J. M. Wilkinson and Anna L. Wilkinson (husband and wife) Map Sect. 109-9. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, it was resolved that $3,000 be paid for settlement of an easement from Stratford Village, Inc. in full settlement of the suit filed against the County and all future claims. Vote: Unanimous Mr. Painter presented the Board with a list of developer contracts executed by the County Administrator during the past three weeks. Mr. Painter advised the Board that members of the Ettrick Sanitary District would like to have a public hearing regarding the future of the District on January 24th at 7:30 p.m. at the American Legion Building. Ail were agreeable and Mr. O'Neill suggested the Elementary School might be used for the meeting. On motion of Mr. Bookman, seconded by Mrs. Girone, the following resolution was adopted: "Resolution of the Board of Supervisors of Chesterfield County Concerning the Purchase of 65.261 Acres of Land Owned by J. M. and Anna L. Wilkinson for Use as a Sanitary Landfill". Whereas, by resolution of this Board on March 9, 1977, the County Attorney was authorized to contract for the purchase of the above described real estate; and Whereas, on July 25, 1977, the property owners entered into an option agree- ment with the County to purchase the above described real estate; Now, Therefore Be It Resolved that this Board authorizes the County Attorney to request the Circuit Court to appoint an attorney to examine title to the above described real estate. Pending approval of title by such attorney, this Board approves the purchase by the County of 65.261 acres of such real estate for the sum of $202,398.76 and authorizes its Clerk to execute a deed on behalf of the County. Vote: Unanimous 78-7 Mrs. Girone stated she felt the proposed ordinance relating to temporary and mobile signs was needed in the County because people were placing these signs in areas where stationary signs are not allowed, at one intersection in her district there were signs on every corner, etc. She added that she felt there was a need for an ordinance controlling the length of time allowed, etc. Mr. Dodd stated he sympathized with the small business people who cannot affort to advertise in the newspaper and have gone to this type of advertising and that if too strict an ordinance is adopted, people will just have to find something else. Mr. O'Neill stated he would like the matter deferred if possible to work out some of the problems with the proposed ordinance. After further discussion it was generally agreed to defer this matter until January 25, 1978. On motion of Mr. Bookman, seconded by Mr. Dodd, it was resolved that the pro- posed ordinance relating to permissible zones for paper recycling be forwarded to the Planning Commission for their review and public hearing. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the following resolution was adopted: Whereas, the Metropolitan Transportation Planning Organization for the Richmond Regional Area has been redesignated by the Virginia Secretary of Transportation on behalf of the Governor of Virginia, pursuant to the authority vested in the Secretary of Transportation by Paragraphs 2.1-39.1 and 2.1-51.22 through 24 of the 1950 Code of Virginia as amended, and Whereas, it is the policy of the Commonwealth that all State, local and regional entities empowered with transportation planning and implementation responsibilities by State statute participate in the deliberations of the Metropolitan Planning Organization, and Whereas, the voting membership of the Richmond Metropolitan Planning Organization includes two policy representatives and two technical represen- tatives from Chesterfield County; Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors hereby does appoint the following persons as voting members of the Richmond Metropolitan Planning Organization representi~ Chesterfield County: J. Ruffin Apperson - Supervisor, Dale Magisterial District R. Garland Dodd - Supervisor, Bermuda Magisterial District Stanley R. Balderson- Interim Director, Dept. of Community Development James P. Zook - Chief, Division of Comprehensive Planning, Dept. of Community Development Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, Mrs. Jeanne Gallup was appointed to serve on the Special Census Committee. Vote: Unanimous It was generally agreed that all Magisterial Districts should have equal representation on the Mental Health/Mental Retardation Services Board. It was generally agreed that appointments filling expired terms be made at the January 2S, 1978 meeting. On motion of Mr. O'Neill, seconded by Mrs. Girone, Mr. John A. Flowers was reappointed to serve on the Mental Health/Mental Retardation Services Board for three years effective January 1, 1978, until December 31, 1980, as one of Matoaca Magisterial District's representatives. Vote: Unanimous 78-8 On motion of Mr. Dodd, seconded by Mrs. Girone, the Circuit Court Judges were requested to appoint Michael E. Reed, Robert C. Richardson, William M. Jones and Keven D. MacAfee as Police Officers effective February 1, 1978. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Circuit Court Judges were requested to appoint Carmelia C. Yancey as a School Guard effective January 15, 1978, and Donna G. McClurg as an Animal Control Officer effective January 16, 1978. Vote: Unanimous Mr. Dodd stated for a matter of information, the County had received federal approval for the Point of Rocks Park. On motion of Mr. Bookman, seconded by Mrs. Girone, Mr. R. Garland Dodd was appointed to the Chesterfield County Planning Commission for a perid of one year. Vote: Unanimous It was generally agreed to defer the appointment to the Personnel Appeals Board until January 25, 1978. On motion of Mrs. Girone, seconded by Mr. Bookman, the Airport Manager was authorized to hire an Aircraft Mechanic at Grade 16, Step 4, of the pay scale. Vote: Unanimous On motion of the Board the following resolution was adopted: Whereas, Fire Marshal Dennis C. Turlington has distinguished himself by five years of loyal and dedicated service to Chesterfield County; and Whereas, this loyalty and dedication has consistently been demonstrated through his efforts to assist the Fire Department in maintaining an effective fire administration program; and Whereas, his efforts to promote fire safety throughout the community have been of such significance to bring distinct credit not only upon himself but the Fire Department and County Government as well; and Whereas, by his selection as recipient of the Chesterfield County Employee of the Year Award for 1977, he has been recognized by his peers to be the employees' employee; Now, Therefore, Be It Resolved that this Board of Supervisors hereby recognizes this loyal and dedicated service by fellow employee, Dennis C. Turlington, by naming him the Chesterfield County Employee of the Year, 1977. Vote: Unanimous The Board congratulated Chief Turlington for an outstanding job. Chief Turlington thanked the Board and stated that he could not have won the award without good employees and without the good supervision under which he worked. Mrs. Girone stated she was in favor of the County obtaining public official liability insurance and inquired who was covered under the policies outlined. Mr. Kimble stated all employees excluding the employees at the Airport and Nursing Home. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the County obtain a premium 78-9 quotation from the Forum Insurance Company for public officials' liability insurance. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing relating generally to license taxes and gross receipts taxes on operators of coin operated machines. Mr. Micas explained the ordinance. Mr. Jack Williams was present and stated that the County would be losing approximately $11,219 per year because of the change in State law which said that machines providing a service such as coin-operated washing machines, etc. could not be taxed. He added the State was allowing localities to recoop some of these losses by taxing the operator and allowing a gross receipts tax, too. Mr. Norman Grimes, representing Minor Music (pinball machine operators) was present and stated he disagreed with what was being proposed because it was not what the law said. He added further that the City of Richmond was not going to do anything like this and that Henrico County was charging $200 per operator and only 1% gross receipts taxes. Mrs. Girone inquired how many of the operators were in the County. Mr. Williams stated eight. He added there were other machines in the County, but unless an operator owned three or more he would not have to pay the $100 per operator. He added further that the local levy tax may be levied on any firm, corporation or person who owns three or more coin-operated machines and who operates them on property now owned or leased by him. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that the following ordinance be adopted: "An ordinance to amend the Code of Chesterfield County, Virginia, by amending Chapter 12, Article XIII, Section 12-126, Repealing Chapter 12, Article XV, Sections 12-155, 12-158 and 12-159, Adding new Sections consisting of the same numbers and repealing Sections 12-152, 12-153, 12-154, 12-156 and 12-157 of such article which new sections deal generally with license taxes and gross receipts taxes on operators of coin-operated machines and providing for a penalty." BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That section 12-126 of the Code of Chesterfield County, 1975, is amended as follows: Sec. 12-126. Applicability to operator of coin operated machines. Every person who sells merchandise by means of a coin operated machine or device shall pay the merchant's license tax prescribed by section 12-118. All such machines shall be plainly marked so as to show the name and address of the owner thereof. (2) That sections 12-155, 12-158, and 12-159 of the Code of Chesterfield County, 1975, are hereby repealed and new sections of the same numbers are added as follows: Sec. 12-155. Amount of tax on operator. Every person, firm or corporation selling, leasing, renting or otherwise furnishing or providing a coin operated machine or device operated on the coin in the slot principle shall pay a license tax of one hundred dollars and 2 per centum of the gross receipts received by such operator from coin machines or devices operated within the county. This section shall not apply to any person owning less than three coin machines and operating such machines on property owned or leased by such person. This section shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machine! or receptacles, nor to operators of vending machines which are so constructed as to do nothing but vend goods, wares and merchandise or postage stamps or provide service only, nor to operators of viewing machines or photomat machines nor operators of devices or machines affording rides to children or for the delivery of newspapers. Sec. 12-158. Unlawful to permit unlicensed machine; machine without sticker on premises. 78-10 (a) The Commissioner of the Revenue shall prepare and issue a license which, when signed by the Commissioner of the Revenue, shall evidence the payment of the license tax. (b) Every operator shall furnish to the Commissioner of the Revenue a complete list of all machines on location and the address of each location on or before the thirty-first day of January of each year. (c) Each machine shall have conspicuously located thereon a decal, sticker or other adhesive label, no less than one by two inches in size, clearly denoting the operator's name and address. Sec. 12-159. Penalty. Any person providing any such coin operated machines or other devices and failing to procure a County license, or otherwise violating this article shall be subject to the penalty imposed by section 1-6 of this code for each offense and the machine or other device shall become forfeited to the county. (3) That sections 12-152, 12-153, 12-154, 12-156, and 12-157 are hereby repealed. Vote: Unanimous Mr. Micas stated the lease agreement with Maryland Coal and Coke Company and Massie Coal Company to construct a hangar facility at the Chesterfield County Airport has been sent to them for their review. It was generally agreed that this matter be deferred in order to give Maryland Coal and Coke time to review the agreement. On motion of Mrs. Girone, seconded by Mr. Bookman, the Chairman and County Administrator were authorized to sign a one year lease with Burroughs for a Computer L9900 for the Chesterfield County Nursing Home, which lease began on July 1, 1977, and will terminate on June 30, 1978, in the amount of $10,272 Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the following erroneous tax claims were approved for payment: Southport, c/o G. B. Sowers Steven N. Lewis Charles H. Johnson Jeffrey A. Shapiro Donald T. Adams Erroneous Assessment for 1977 County Vehicle License Erroneous Assessment for 1977 Erroneous Assessment for 1977 County Trailer Tax $1,017.68 15.00 61.20 77.40 38.50 Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the following organizations were granted a one year permit to conduct bingo games and/or raffles: 1. Manchester-Richmond Lodge, Loyal Order of Moose, #699 2. St. Augustine's Roman Catholic Church 3. St. Anne's Council No. 6372, Knights of Columbus 4. Optimist Club of Bermuda, Inc. 5. Cavalier Athletic Club Vote: Unanimous 78-11 Mr. Meiszer stated the Board was familiar with the proposal to purchase the Phillips Volunteer Fire Department. He added that if this proposal is accepted that the Board condition it upon the acquisition of approximately one additional acre of land. Chief Eanes was present and stated the additional acreage was necessary because of the problems the County is now experiencing with fire stations and inadequate property. After further discussion of the matter, it was on motion of Mr. O'Neill, seconded by Mrs. Girone, resolved that the County purchase the Phillips Volunteer Fire Department building and one acre of land for the price of $16,000 free and clear of any liens or encumbrances under the condition that the County negotiate and obtain approxi- mately one additional acre of land at this site. Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, the Board denied the claim of Pegasus, Inc. for the destruction of an aircraft. Vote: Unanimous Mr. Meiszer informed the Board that the Virginia Department of Highways and Transportation had formally informed the Board of the acceptance of the following roads into the State Secondary System of Roads. BEACH ESTATES (effective December 1, 1977) Latane Wood Road - Latane Wood Road beginning at its intersection with Woodpecker Road (State Route 0626) southwesterly 0.18 mile to its intersection with Latane Wood Court, thence southerly 0.03 mile to a cul-de-sac. 0.21 mile Latane Wood Court - beginning at its intersection with Latane Wood Road easterly 0.09 mile to a cul-de-sac 0.09 mile SETTLERS LANDING, SECTION C-1 (effective July 27, 1977) Wrens Nest Road - beginning at its intersection with Robious Road (State Route 675) northerly 0.09 mile to its intersection with Red Queen Road, thence northerly 0.05 mile to its intersection with Honey Tree Road, thence northerly, 0.09 mile to its intersection with Savoy Road (State Route 2540). 0.23 mile Honey Tree Road - beginning at its intersection with Wrens Nest Road 0.02 mile easterly to state maintenance. 0.02 mile Queen Road - beginning at its intersection with Wrens Nest Road easterly 0.02 mile to state maintenance. 0.02 mile SETTLERS LANDING, SECTION C-2 (effective December 1, 1977) Early Settler's Road - beginning at state maintenance (State Route 1775) northerly 0.04 mile to its intersection with Jousting Lane, thence northerly 0.04 mile to a dead end. Jousting Lane - beginning at its intersection with Wrens Nest Road, 0.07 mile easterly to its intersection with Quarterstaff Road, thence easterly 0.05 mile to its inter- section with Early Settler's Road. Quarterstaff Road - beginning at its intersection with Jousting Lane, northerly 0.03 mile to a dead end. 0.08 mile 0.12 mile O. 03 mile 78-12 ~rens Nest Court - beginning at its intersection with Wrens Nest Road easterly 0.08 mile to a cul-de-sac. Wrens Nest Road - beginning at its intersection with Savoy Road (State Route 2540) northeasterly 0.09 mile to its intersection with Wrens Nest Court, thence northeasterly 0.05 mile to its intersection with Jousting Lane, thence northerly 0.16 mile to a dead end. NEWBERRY TOWNE - (effective December 1, 1977) Heybridge Drive beginning at end of~state maintenance (Route 2171) southwesterly 0.05 mile to state maintenance (Route 2165). Allandale Drive - beginning at its intersection with Newington Drive (State Route 2173) southwesterly 0.04 mile to state maintenance (Route 2170). SETTLERS LANDING, SECTION C-3 Unicorn Lane - beginning at its intersection with Savoy Road (Route 2540) northeasterly 0.09 mile to its inter- section with Old Indian Road. Old Indian Road - beginning at its intersection with Savoy Road (Route 2540) northeasterly to its intersection with Unicorn Lane, thence northerly 0.06 mile to state maintenance. BERWICK VILLAGE, SECTIONS A & B (effective December 15, 1977) 0.08 mile 0.30 mile 0.05 mile 0.04 mile 0.09 mile 0.20 mile Phillips Lane - beginning at State Route 638, Cogbill Road, thence southerly 0.15 mile to its intersection with Cold- stream Drive, thence southerly 0.09 mile to its intersection with Brimley Place, thence southerly 0.05 mile to a dead end. BERWICK VILLAGE, SECTION B (effective December 15, 1977) Coldstream Drive beginning at Phillips Lane thence easterly 0.09 mile to a temporary cul-de-sac. Brimley Place - beginning at Phillips Lane thence south- westerly 0.06 mile to a cul-de-sac. 0.29 mile 0.09 mile 0.06 mile It was generally agreed that the Board would tour the Brown Boveri plant on January 24, 1978 at 2:00 p.m. if that time was convenient with Brown Boveri. Mr. Painter advised the Board that the Falling Creek Sewage Treatment Plant was not included in the FY 78 Construction Grants Priority List. After fur- ther discussion of this matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the following resolution be adopted: "Resolution requesting the State Water Control Board to Place the Expansion of the Falling Creek Sewage Treatment Plant on the List of 1978 Construction Priorities" W~nereas, for many years the County and the State Water Control Board have planned and designed three stages of construction for the expansion of the Falling Creek Sewage Treatment Plant; and P~ereas, in spite of prior approvals and the expenditure of substantial design and engineering expenses, the project for the expansion of the Falling Creek Sewage Treatment Plant has been dropped from the State Water Control Board's list of construction priorities for the 1978 fiscal year; and Whereas, the completion of the expansion project for the Falling Creek Sewage Treatment Plant is essential in order to maintain healthful and safe sewage disposal for a large number of Chesterfield residents. 78-13 Now, Therefore, Be It Resolved that the Board of Supervisors strongly urges the State Water Control Board to return the project for the expansion of the Falling Creek Sewage Treatment Plant to the list of priorities for 1978. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Dodd, the County Attorney was authorized to institute condemnation proceedings against the property of Mary ^ Craze Estate (Buckingham Road) if the amount offered by the County is not accepted. Be it further resolved that the County Administrator notify the said Estate by registered mail of the intention of the County to enter upon and take the property which is to be the subject of said condemnation proceed- ings. An emergency existing, this resolution shall be and it is hereby declared in full force and effect immediately upon passage. This resolution is subject to the property owner agreeing to pay for the cost of condemnation. Vote: Unanimous It was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that this Board go into Executive Session to discuss personnel and real estate. Vote: Unanimous Mr. Apperson returned to the meeting. Reconvening: On motion of Mr. Bookman, seconded by Mr. Dodd, the Board adjourned at 4:05 p.m. until 7:30 p.m. this same evening. Reconvening: The Board met with the District Fire Chiefs at the Training Center to discuss various matters of interest to all present. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board adjourned at 10:35 p.m. until 12:30 p.m. on January 19, 1978, at the Chesterfield County Airport. Vote: Unanimous ii~lcnola! . eiszer, Ad~trator E 7-" Merl iff'O "Nei 11~, '-~g~-,.~gi ~{an 78-14