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05-09-1984 MinutesBOARD OF SUPERVISORS MINUTES May 9, 1984 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. G. H. Applegate, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richard L. Hedrick County Administrator Staff in Attendance: Mr. Stanley Balderson, Dir. of Planning Chief Robert Eanes, Fire Department Mr. Elmer Hodge, Assistant Co. Admin. Mr. William Howell, Dir. of General Services Mr. Robert Masden, Dir. of Human Services Mr. Steve Micas, Co. Attorney Mr. Richard Nunnally, Extension Agent Col. Joseph Pittman, Chief of Police Mr. Jay Stegmaier, Chief of Budget & Management Mr. M. D. Stith, Jr., Exec. Asst. to Co. Adm. Mr. David Welchons, Dir. of Utilities It is noted that the Board changed their meeting scheduled for this date from 2:00 p.m. until 3:30 p.m. (EDST). Mr. Daniel called the meeting to order at the Airport Conference Room at 3:30 p.m. (EDST). 1. WORK SESSION ON ECONOMIC DEVELOPMENT Mr. Daniel referred to a report distributed to the Board in March on the Economic Development Program in the County. He stated he would like the Board's concurrence on the appointment of Mrs. Girone and himself as members of an Economic Development Committee to work with staff dealing with short and long term plans for the County which would also involve such issues as land use, drainage and utilities. He stated the County needed to develop a positive plan fo~ attracting business to the County now add in the future. The Board agreed with the appointments and concept. Mr. Daniel requested that the County Administrator and the Director of Community Development work to assemble the components of the program and arrange a Committee meeting as soon as possible. Mr. Applegate joined the meeting. The Board recessed for 10 minutes. Reconvening: 2. PRESENTATION OF MED-EVAC PROGRAM Sgt. Wayne Holland, Lt. i-~el] snd Lt. Tollett of the Virginia State Police were present. Sgt. Holland explained the relationship between the County offices and the State Police. He ~4-260 stated the relationship between the two agencies was excellent, especially with regard to the Fire and Police Departments. He offered the Department's assistance in police work, appearance at meetings, participation in safety programs, etc. Lt. Bell expressed his appreciation for the County's support and donation of the radio which has enhanced the operation of the State helicopter by allowing communication with all the jurisdictions served and with the Med-Evac participants. He stated, also, appreciation for the assistance and cooperation received from the County departments. He stated there exists no better working relationship between two agencies than in Chesterfield County. Lt. Tollett explained the operation of the Med-Evac Program. He stated that the helicopter has been used in 491 missions since January 1, 1984 relating to police matters as well as Med-Evac, and that since April 1, 1984 there have been 20 Med-Evac missions alone involving 17 patients with the other 3 involving the carrying of medical equipment. He stated the Med-Evac crews are the best in the State and appreciates the County's support and involvement in this effort. He stated because of the cooperation and resources by the State and local governments, lives are being saved. He stated the average time between pick up and delivery of accident victims is ranging between 10-30 minutes. He stated there were no major problems with the program but a few minor adjustments which were anticipated and the program is a complete success. The Board travelled outside to view the actual helicopter which is used and to discuss other aspects of the program with the pilot and emergency medical crew. The Board was given an excursion in the helicopter to view the damage caused by the storm on May 8, 1984. The Board expressed appreciation for the presentation by the State Police and wished them much success in this pilot program. 3. DINNER The Board recessed for dinner. Mr. Daniel excused himself to attend another meeting on County business. Reconvening: Mr. Daniel called the meeting to order at the Courthouse at 7:00 p.m. (EDST). 4. INVOCATION Mr. Daniel introduced Reverend Malcolm M. Hutton, Pastor of Oak Grove Baptist Church, who gave the invocation. 5. APPROVAL OF MINUTES On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved the minutes of April 25, 1984, as amended. Vote: Unanimous 6. COUNTY ADMIN!STP~TOR'S COMMENTS Mr. Stith stated '74 students participated in Model County Government Day as well as 34 County Departments who providing the students with a day of experience in County service, he outlined the events involved with Model County Government and expressed appreciation to the Board for its support of the program. He stated the program was successful and many favorable comments have been received. Mr. Masden presented the Board with a certificate of commendation for its leadership from the Governor's Office for its activities and efforts for December being declared "Reading Month". He expressed special appreciation to the staff at the Libraries and the School personnel who put forth the effort to earn this award. 7. ITEMS TO BE DELETED OR HEARD OUT OF SEQUENCE On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and amended the agenda by deleting 12.B.2. regarding the appointment to the MPO Air Quality Technical Committee; by adding 12.D.3., setting the date for increases to building permit fees, rezoning fees, subdivision fees and creating new classifications for rezoning fees; by adding 12.A.4., a request for a bingo and/or raffle permit for the Women's Club of Walton Park; and by adding 12.G., an Executive Session to consult with legal counsel regarding the implementation of the 911 system and for discussion of the condition, acquisition or use of real property for public purposes and further that the additional items are of an emergency nature necessary for the continued proper and lawful operation of the County. Mr. Micas cautioned the Board to protect the meaning of the emergency basis and to not over use it. Vote: Unanimous 8. RESOLUTIONS Or' SPECIAL RECOGNITION 8.A. DOROTHY ARMSTRONG'S CONTRIBUTION TO CHESTERFIELD COUNTY Mr. Balderson introduced Mrs. Dorothy Armstrong and stated that on April 30, 1984 she received the Citizens Award of the Virginia Citizens Planning Association which is limited to a very select group of citizens who have made notable and constructive contributions to the harmonious and orderly development of the con,unity, region, state or nation. He stated that Mrs. Armstrong was cited for her work for specific projects initiated and for steady and inconspicuous work over a period of years. He stated the County is appreciative for her inspirational and motivating force for historic preservation. On motion of the Board, the following resolution was adopted: WHEREAS, Dorothy Armstrong has pursued an active role in Chesterfield County citizen involvement, through numerous organizations since moving to Chesterfield in the 1950's; and WHEREAS, Mrs. Armstrong has devoted many hours to promote interest in and create citizen awareness of Chesterfield's development; and WHEREAS, Dorothy Armstrong has consistently articulated perspectives of the future and goals which the County should strive to achieve; and WHEREAS, Mrs. Armstrong's dedication to historic preservation through her role as Chairman to the Chesterfield Heritage Commission as well as in a citizen's role was instrumental in producing Chesterfield County Early Architecture and Historic Sites; and 84-262 WHEREAS, Dorothy Armstrong was chosen to be one of the first members in the Chesterfield County Senior Citizens Hall of Fame, for service to the community; and WHEREAS, Mrs. Armstrong recently received the Virginia Citizens Planning Association Award for dedication to planning; and WHEREAS, this award is given to a select group of citizens who have made outstanding contributions to the development of the community, either through continuous participation or for a specific project; and WHEREAS, not only are Dorothy Armstrong's personal accomplishments a credit to her family and herself, they have also reflected positively on the image and direction of Chesterfield County. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby expresses its deep appreciation for the outstanding service rendered to the County by Mrs. Armstrong and looks forward to her continued interest and participation. Vote: Unanimous Mr. Dodd presented Mrs. Armstrong with the framed resolution. Mrs. Armstrong stated it had been most dramatic to watch the County grow since 1954 and it has been a pleasure. She expressed appreciation to the Board for the resolution and the demonstratio of thanks. Mrs. Girone stated that Mrs. Armstrong's favorite expression is, "but you have got to stand for something" and she "does stand for something and what is best for Chesterfield." The Board expressed appreciation for Mrs. Armstrong's effort and time for the past years. 8.B. DECI.ARING ~tAY 13-19, 1984 AS POLICE WEEK On motion of the Board, the following resolution was adopted: WHEREAS, the dedicated, loyal and brave members of Police Departments throughout the County provide an invaluable service to all citizens; and WHEREAS, the week of May 13-19, 1984, is recognized as National Police Week; and WHEREAS, the County is proud and honored to have such outstanding and professional ind~viduals as police officers in Chesterfield County who serve to protect the health, safety and welfare of its citizenry. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors declares May 13-19, 1984 as Police Week in Chesterfield County and calls this recognition to the attention of all its citizens. Vote: Unanimous Mr. Daniel presented the executed resolution to Chief Pittman. Chief Pittman expressed appreciation for the recognition of Police Week on behalf of the members of the Police Department. 8.C. DECLARING MAY 13-19, 1984 AS MUNICIPAL CLERK'S WEEK On motion of the Board, the following resolution was adopted: WHEREAS, the office of municipal clerk is the historical mainstay in local government[, entrusted with the dual 84-263 responsibility of preserving the past and using modern technology to access that information for the future; and WHEREAS, the municipal clerk's role is multi-faceted, accomplishing several key responsibilities which directly contribute to the steadfast qualities of local government; and WHEREAS, the municipal clerk serves as a conscientious and progressive public servant providing a harmonious connection between the local governing body and the citizenry; and WHEREAS, the mun~.cipal clerk's reflective manner towards professional development through continued education participation is a vital advancement in today's world. NOW THEREFORE, BE IT RESOLVED BY THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS that the week of May 13-19, 1984 be declared as "Municipal Clerk's Week" in Chesterfield County, in recognition of their ability to appropriately respond to the changes of today with forethought for the future of this historic office and its public service to the local citizens. Vote: Unanimous Mr. Daniel introduced Mrs. Dolezal, Deputy Clerk to the Board, expressed appreciation for her support and assistance and presented her with the executed resolution. Mr. Hedrick stated his appreciation for the time and effort of Mrs. Dolezal in the preparation of the agenda and work performed and stated she is an exemplary employee. Mrs. Dolezal expressed appreciation for the recognition given. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS AND CLAIMS Mr. Hedrick indicated there were no citizens scheduled at this time. 10. DEFERRED ITEMS 10.A. PUBLIC HEARING - ORDINANCE FOR PARADES AND PROCESSIONS Mr. Hedrick stated this date and time had been scheduled for a public hearing to consider an ordinance relating to parades and processions. Chief Pittman was present and explained the ordinance and the changes which had been requested to the orig~! ordinance. Mr. Dodd stated he felt the changes addressed his concerns regarding the fire department and rescue squads. There was no one present to discuss the matter. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING ARTICLE V OF CHAPTER 17, CONTAINING SECTIONS RELATING TO PARADES AND PROCESSIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (].) That the Code of the County of Chesterfield, Virginia, ]978, as amended, is amended by adding Article V, Chapter 17, containing Sections as follows: CHAPTER 17 STREETS, SIDEWALKS AND PUBLIC PLACES 84-264 o o o Article V. Parades, Processions ~ ~c. 17-30. Purpose. The purpose of this article is to protect the public health, ~fety and welfare of County citizens by providing reasonable ~gulations for the conducting of processions and parades within ne County. 17-31. Definition. The term "procession" or "parade" as used in this article include any marching or motorized assemblage of ten or more ~rsons or vehicles. ~c. 17-32. Permits--Required. It shall be unlawful for any procession or parade, excepting ~e armed forces of the United States, the military forces of the kate, the police, fire and rescue forces of the County and ]neral processions, to occupy, march or proceed along any street r highway right of way in the County without first obtaining a ~rmit from the Chief of Police of the County. ~c. 17-33. Same--Application. Application for a permit under this article shall be made in riting and filed with the Chief of Police at least ninety days rior to the date of the parade or procession. ~c. 17-34. Same--Contents of Application. Each application for a permit under this article shall ~clude the following: (a) A statement of the name and address of the applicant. (b) A statement of all persons or organizations who are ~sponsible for organizing or sponsoring the parade or ~ocession. (c) A statement specifying in detail the nature, type and ize of the parade or procession. (d) A statement specifying the proposed date, location, Dute and estimated duration of the parade or procession. (e) A plan designating provisions for adequate crowd and raffic control in the area of the parade and procession. The hief of Police shall review such plan and shall be the sole udge of the adequacy thereof. (f) A statement that the applicant has applied for a permit r written permission from the Virginia Department of Highways nd Transportation to conduct the parade or procession. ec. 17-35. Same--Issuance; denial. (a) The Chief of Police shall act on the application within wenty-one days of the filing of the application and shall not ssue a permit unless the requirements of this article have been et, and unless the Chief of Police determines that adequate rowd and traffic control can be provided for the parade or rocession to protect the public health, safety and welfare. The hief of Police may include restrictions or conditions in the ermit as he deems advisable to protect the public health, safety nd welfare. (b) The Chief of Police may either refuse to issue a permit r may require an applicant to modify or amend the application if he Chief of Police determines that adequate crowd and traffic ontrol cannot be provided for the parade or procession. Each enial of an application and the reasons therefore shall be in riting and mailed to the applicant at the address indicated in he application. 54-~65 Sec. 17-36. Same--Application fee. An application filed under this article shall be by an application fee of ten dollars ($10.00). Sec. 17-37. Same-.-Depos~t for County services. As a condition to issuance of a parade or procession permit, the Chief of Police may require the applicant to pay for the cos~ of additional County services which are necessitated by the parade or procession, including but not limited to additional police officers necessary for traffic or crowd control. Whether or not such deposit is required, the applicant shall be responsible to pay to the County the actual cost of such additional services. Sec. 17-38. Same--Revocation. The Chief of Police shall have the right to revoke any permit issued under this article for failure to comply with any of the provisions of this article or for failure to comply with any conditions or restrictions contained in the permit. Sec. 17-39. Additional requirements. Nothing in this article shall be construed to relieve an applicant of the responsibility to obtain permits or permission from the Virginia Department of Highways and Transportation, or any other applicable agency, prior to conducting a parade or procession. Vote: Unanimous 10.B. APPOINTMENTS 10.B.1. CAMP BAKER MANAGEMENT BOARD On motion of Mr. Applegate, seconded by Mr. Mayes, the Board appointed Mr. Willie R. Thomas, representing Matoaca District, and Mr. C. Ro Gibson, Jr., representing Midlothian District, to the Camp Baker Management Board e~fective immediately and whose terms will expire on April 30, 1987. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Mayes, the Board nominate Mr. Elwood Elliott as the Civitan member for a period of two years, and Mr. William Haskins representing Bermuda District for a period of one year to the Camp Baker Management Board. Vote: Unanimous On motion of Mr. Applegate~ seconded by Mr. Mayes, the Board nominated Dr. James Keeton~ Jr. representing Clover Hill Distric for a period of two years, Mr. Monty Hawkins representing Dale District for a three year period, Mr. William Suttles representing Richmond Area Association for Retarded Citizens for a one year period and Mr. M. D. Stith, Jr. for a two year period as the ex-officio member to the Camp Baker Management Board. Vote: Unanimous 10.B.2~ CAPITAL REGION AIRPORT CO~4!SSION On motion of Mr. Mayes, seconded by Mrs. Girone, the Board appointed ~Ir. G. H. Applegate and R. Garland Dodd as the Board representatives to the Capita! Region Airport Commission May 1, 1984 whose terms will ~xpire on April 30, 1988. It is noted, however, 'that-the representatives will resign at the end 84-266 of a one year period to allow others to participate. Vote: Unanimous Mr. Dodd and Mr. Daniel withdrew the names of Bryan Walker and David Barrington from consideration to the Capital Region Airport Commission since there were only two appointments available and stated, hopefully, they would agree to serve on another Board or Committee for the County in the future. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board appointed Mr. John Mazza as the voting member and Mr. Melvin Shaffer as the ex-officio member to the Capital Region Airport Commission effective May 1, 1984 whose terms will expire on April 30, 1988 with the understanding that the ex-officio member would become the fourth voting member at the time of legislation change and would be compensated and afforded the same courtesies extended to the full voting members until that time and further the Board transferred $1,600 from the General Fund Contingency for the May-June, 1984 compensation costs for the current year and transferred $9,600 from next year's contingency account to provided funding for the entire year. Vote: Unanimous Mr. Daniel submitted letters from Mr. Barrington and Mr. Shaffer indicating their interest and experience. 10.C. SIGN POLICY AND ORDINANCE AMENDMENT Mr. Balderson stated there were three reasons for a new sign policy and ordinance amendment which were: 1. an overall policy statement with regard to sign proliferation and signage in the County; 2. the application of specific requirements to any selected area or the County as a whole and 3. the suggested ordinance itself. He stated the Board should forward this matterl to the Planning Commission for its review, study and recommendation to the Board. He stated Mrs. Girone had outlined an area from Courthouse Road on Route 60 to the Powhatan line for application of specific changes and other Board members may also wish to designate areas. Mrs. Girone stated that on Route 60 from Courthouse Road west to the Powhatan line is an especially pretty section of Route 60 and is relatively untouched except for a few signs of the types that are east of Courthouse Road on Route 60. She stated that she has received a lot of concern from residents regarding the signage in the future for Route 60 and the carnival atmosphere to the east. She stated the people do not want the character of the area to change and this proposed ordinance and policy will limit the signs to the style, setbacks, size, etc. and that the national companies are agreeable as long as all are treated equally for competition purposes. She stated the County would also try to regulate the number of curb cuts, persuade developers to plan entire parcels and not just strip zone Route 60. She stated there was much enthusiasm in the community for this plan and policy change. She stated other supervisors could also request that this package be assigned to whatever corridor they had concern about in their districts. She stated it is not to limit zoning or to deny a use of land, but to plan and coordinate it for the future. She stated this would not extend to the east of Route 60 for Midlothian District and not apply to the existing uses permitted. Mr. Daniel stated he would like the corridor from the City limits to Centralia Road on Route 10 to be considered. He stated he felt that on Route 360 from Courthouse Road to the County line would also fit into this area in Clover Hill District. Mr. Applegate inquired about two different ordinances applying to 84-267 signs. Mr. Micas explained that this proposed ordinance would be an overlay ordinance whereby it would be more strict than the general sign ordinance and apply to certain areas designated. He stated he felt the corridors could be referred to but recommended that the Board forward it to the Planning Commission for the County generally so that it would not be restricted to only those areas mentioned. Mr. Mayes inquired what would happen when there is a uniform sign ordinance for the County and this one does not fit and stated that he failed to see the difference in the areas of the County. Mrs. Girone stated we have a sign ordinance in the County now and that would continue, but when zoning is being considered in the designated corridors the new sign ordinance would apply and not the existing general ordinance but there is a difference on Route 60 and they would like to keep it that way. Mr. Mayes stated there may be areas in his district that would apply as well. Mr. Applegate stated that Mr. Micas had suggested that it be sent to the Planning Commission generally and he would not designate any areas at this time. Mr. Balderson stated areas can be designated and expressed to the Planning Commission but the Board will make the final decision as to what it will contain, where and how it will be applied. Mr. Applegate stated he would let Clover Hill be considered first by the Planning Commission. Mr. Micas stated that if the Board designates certain areas it will apply only to those corridors in the districts outlined. Mr. Dodd stated he was concerned with the area from the Courthouse southeast to the village limits to Chester on Route 10. He stated he felt some of the size restrictions may be to small as senior citizens may not be able to read them as proposed. Mr. Balderson stated that some of the items in the ordinance and policy are points at which to begin discussion. Mrs. Girone stated that some of the size restrictions were inside developments but it needs some review and refinement. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board requested the Planning Commission to review, study and recommend to the Board the sign policy and ordinance amendment, filed with the papers of this Board, which would apply to the Route 60 corridor west from Courthouse Road to the Powhatan County line in Midlothian District and on Route 10 from the Richmond City limits to the village limits of Chester for Dale and Bermuda Districts and to the other districts generally. Vote: Unanimous Mrs. Girone inquired if this could be amended in the future. Mr. Micas stated it could. He stated the Planning Commission is limited to the two corridors named and in the other two districts, the Board members will have the ability at the public hearing to define a corridor, do nothing or apply it across the entire district. 11. PUBLIC HEARINGS ll.A. ORDINANCE - TAXATION OF FLEA MARKETS AND CRAFT SHOWS Mr. Hedrick stated this date and time had been scheduled for a public hearing to consider an ordinance relating to business license taxation of flea markets and craft shows. He stated the Board had adopted this ordinance on an emergency basis at the March 28, 1984 meeting. He stated the ~,~dinance is functioning properly at this time. Mr. Alvin Kline, operator of the Bellwood Flea Market and Ms. Sheri Wybal were in support of the ordinance as proposed. Mr. Applegate inquired if this was working for the schools and boosters clubs, etc. Ms. Wybal stated it was. Mr. Dodd and Mr. Hodge expressed appreciation to those who worked with the County on this ordinance. There was no one else present to address this matter. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance: 84.-268 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY ADDING SECTION 12-39.1 RELATING TO BUSINESS LICENSE TAXATION OF FLEA MARKET AND CRAFT SHOWS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the County of Chesterfield, 1978, as amended, is amended by adding the following section. Sec. 12-39.1. Flea market and craft shows. (a) Every person engaged in the business of organizing, promoting or managing a flea market or craft show shall obtain a license for the privilege of doing such business in the County and shall pay a license tax equal to thirty dollars or thirty-six hundredths of one percent of the total gross receipts from all sales of goods or merchandise sold by individuals participating in such flea market or craft show, whichever is greater. (b) "Flea Market or craft show" shall include any show consisting of a group of persons or merchants selling goods, wares or merchandise such as hobby crafts, antiques, art works or second-hand articles, or any combination of these. (c) No individual participating in a flea market or craft show as a merchant shall be liable for any license taxation on his gross receipts generated at such show under this chapter if the promoter, manager or organizer of the show obtains a license and pays the license tax as provided in this section, and if the merchant reports to such promoter, manager or organizer the merchant's total gross receipts from such show. (d) Nothing contained in this section shall be construed to relieve any promoter, manager or organizer of a flea market or craft show of the obligation to pay any other license taxes that may be imposed by this chapter. Vote: Unanimous ll.B. ISSUANCE OF REVENUE BONDS FOR AIRPORT HANGARS Mr. Hedrick stated th~.s date and time had been scheduled for a public hearing to consider readoption of a resolution authorizing the issuance of Chesterfield County Airport Revenue Bonds for hangars. Mr. Micas explained the proposed resolution and last minute changes which were requested by bond counsel which were revisions to Section 702 of the Indenture to eliminate restrictions on the leasing and to include the consent of the bond holders as a requirement of sale of property at the Airport, to change the date of the bond to July 2, 1984 and to revise Section 1 of the Investment Agreement to require an agreement between the County and the holders of the bonds in the provision of investing of surplus revenues, and to add moral commitment language that was originally contained in the initial resolution to Section 604 as well as part of the adopting resolution. There was no one present to discuss the matter. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board adopte the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF AIRPORT GROSS REVENUE BONDS~ SERIES OF 19~4, OF CHESTERFIELD COUNTY, VIRGINIA, IN THE PRINCIPAL AMOUNT OF $520,000; APPROVING THE FORM OF AN INDENTURE OF TRUST AND AN INVESTMENT AGREEMENT BETWEEN THE COUNTY AND CENTRAL FIDELITY BANK, AS TRUSTEE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF BY THE CHAIRMAN AND THE CLERK OF THE BOARD OF SUPERVISORS; APPROVING THE FORM OF AN 84-269 OFFER FROM CENTRAL FIDELITY BANK TO PURCHASE SUCH BONDS AND AUTHORIZING AND DIRECTING THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO ACCEPT THE SAME; APPROVING THE PLAN OF FINANCING; AND AUTHORIZING AND DIRECTING THE CLERK OF THE OF SUPERVISORS TO FILE THIS RESOLUTION WITH THE CIRCUIT COURT OF CHESTERFIELD COUNTY AND TO CAUSE THE PUBLICATION OF THE LEGAL NOTICE REQUIRED BY THE PUBLIC FINANCE ACT Whereas, Chesterfield County, Virginia (the "County"), owns and is operating the Chesterfield County Airport (the "Airport") in the County; and Whereas, the Public Finance Act, as amended, authorizes the Board of Supervisors of the County, without the approval of the qualified voters of the County, to borrow money and to issue bonds of the County to pay all or part of the cost of appropriate projects so long as such bonds are payable solely from the revenues of such projects; and Whereas, the County, pursuant to a resolution adopted by this Board of Supervisors on October 26, 1983, is presently engaged in the acquisition and construction of certain facilities fat the Airport, the cost of which has been financed by the ~County's general fund pending the borrowing of money to pay such cost, and the County now desires to borrow moneys to reimburse the general fund; and Whereas, there has been presented to the meeting of this Board of Supervisors at which this resolution is adopted the form of an Indenture of Trust dated as of July 2, 1984 (the "Indenture of Trust") between the County and Central Fidelity Bank, as Trustee (the "Bank"), providing for the issuance of and security for the Bonds, a copy of which is filed with the minutes of such meeting as Exhibit A; and Whereas, this Board of Supervisors wishes to express a moral commitment to timely repayment, of principal and interest; and Whereas, there has been presented to this meeting of this Board of Supervisors at which this resolution is adopted the form of an Investment Agreement dated as of July 2, 1984 between the County and the Bank (the "Investment Agreement"), providing for the investment of moneys held by the Trustee under the Indenture of Trust, a copy of which is filed with the minutes of such meeting as Exhibit B; and Whereas, the County has received an offer dated as of May 9, 1984 from the Bank to purchase the Bonds (the "Offer to Purchase"), the same having been presented to the meeting of this Board of Supervisors at which this resolution is adopted and a copy of which is filed with the minutes of such meeting as Exhibit C; and Whereas, in compliance with the Internal Revenue Code of 1954, as amended (the "Code"), and particularly Section 103(k) thereof, as added by the Tax Equity and Fiscal Responsibility Act of 1982, the County published a notice of public hearing on April 25, 1984 and May 2, 1984, which public hearing was held on the date on which this resolution was adopted, and, in connection with such public hearing, prepared a plan of financing (the "Plan of Financing"), a copy of which is filed with the minutes of this Board of Supervisors at which this resolution is adopted as Exhibit D. Be It Resolved By The Board Of Supervisors Of Chesterfield County, Virginia: Section 1. Authorization of Issuance of Series of 1984 Bonds; Approval of Form of Indenture of Trust and Execution and Delivery Thereof. There are hereby authorized to be issued the County's Airport Gross Revenue Bonds, Series of 1984, in the 84-270 principal amount of $520,000, to be dated as of July 2 (the "Bonds"), pursuant to the Public Finance Act, as amended, and the Indenture of Trust hereinafter approved. The form and details of the Bonds shall be as set forth in the Indenture of Trust. The Bonds shall not be general obligations of the County but shall be limited obligations payable solely from the revenues and receipts of the Airport and funds held by the Trustee under the Indenture, all as more fully set forth in the Indenture of Trust. The form of the Indenture of Trust filed with the minutes of the meeting of this Board of Supervisors at which this resolution is adopted as Exhibit A be and is approved, and the Chairman and the Clerk of the Board of Supervisors be and are authorized and directed to execute the Indenture of Trust in such form together with such changes as the Chairman and the Clerk of the Board of Supervisors shall, upon advice of the County Attorney, approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 2. Approval of Form of Investment A~reement and Execution and Delivery Thereof. The form of the Investment Agreement filed with the minutes of the meeting of this Board of Supervisors at which this resolution is adopted as Exhibit B be and is approved, and the Chairman and Clerk of the Board of Supervisors be and are authorized and directed to execute and deliver the Investment Agreement in such form together with such changes as the Chairman and the Clerk of the Board of Supervisors shall, upon advice of the County Attorney, approve, such approval to be conclusively evidenced by the execution thereof. Section 3. Approval of Offer to Purchase and Acceptance Thereof. The form of Offer to Purchase filed with the minutes of the meeting of this Board of Supervisors at which this resolution is adopted as Exhibit C be and is approved, and the Chairman of the Board of Supervisors is authorized and directed to accept such Offer to Purchase on behalf of the County and deliver same to the Bank. The Chairman and the Clerk of this Board of Supervisors and other Officials of the County are authorized and directed to take all such actions as shall be necessary or appropriate in connection with the issuance and delivery of the Bonds. Section 4. Approval of Bonds and Plan of Financing. For the purpose of causing the Bonds to comply with the provisions of Section 103(k) of the Code, the issuance of the Bonds and the Plan of Financing filed with the minutes of the meeting of this Board of Supervisors at which this resolution is adopted as Exhibit D are hereby approved. Section 5. Filin~ of Resolution with Circuit Court of the County and Publication of Legal Notice The Clerk of this Board of Supervisors is hereby directed to ~ile a certified copy of this resolution with the Circuit Court of Chesterfield County, and such Clerk is hereby directed to cause to be published once within ten (10) days of the date of such filing, in a newspaper of general circulation in the County, a notice setting forth in brief and general terms the amount of the Bonds and the purpose for which the Bonds are to be issued, such notice to be in substantially the following form: "LEGAL NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia, 1950, as amended, that the Board of Supervisors of Chesterfield County, Virginia, adopted on May 9, 1984 an ordinance authorizing the issuance of $520,000 aggregate principal amount of Airport Gross Revenue Bonds of such County, and has caused a certified copy of such resolution to be filed with the Circuit Court of Chesterfield County, Virginia, on May 15, 1984. The proceeds of the sale of such bonds shall be used to pay the cost of acquisition and construction of the following facilities at the Chesterfield County Airport: 20 hangars, each capable of storing one aircraft, and one general storage hangar, capable of stor~lg two aircraft. 84-27]. CHESTERFIELD COUNTY, VIRGINIA By: Clerk of the Board of Supervisors" Section 6. Repeal of Conflicting Resolutions. Ail resolutions or parts of resolutions in conflict herewith are, to the extent of such conflict, hereby repealed. Sec~-ion 7. Effectiveness of Resolution. shall take effect immediately. This resolution Vote: Unanimous 12. NEW BUSINESS 12.Ao CONSENT ITEMS Mr. Dodd disclosed to the Board that he owned property adjacent to the proposed underpass/overpass at the Ettrick Railroad crossing and excused himself form the meeting because of a possible conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act. 12.A.2. CONTRACT WITH VDH&T FOR ETTRICK RAILROAD CROSSING Mr. Daniel submitted a letter from Mr. Mayes regarding the railroad crossing and a recommended approach to the overpass/underpass and requested that it be part of the record to be forwarded to the Highway Department. On motion of Mr. Mayes, seconded by Mr. Applegate, be it resolved that the County Administrator be authorized to enter into a contract with the Virginia Department of Highways and Transportation for the design of the Ettrick Overpass/Underpass and further that $150,000 be appropriated from the fund balance of the General Fund for the payment of such contract and further that the detailed sketch and letter from Mr. Mayes be forwarded to the Highway Department. Ayes: Mr. Daniel, Mr. Applegate, Mrs. Girone and Mr. Mayes. Absent: Mr. Dodd. Mr. Dodd returned to the meeting. 12.A.1. AMENDED LEASE FOR EXTENSION SERVICE On motion of Mrs. Girone, seconded by Mr. Applegate, the Board authorized the County Administrator to enter into an amended lease with the Airport Technical A~sociates which will lease 160 square feet for the Soil Conservation Service at the rate of $7.84 per square foot which will be reimbursed to the County by the Soil Conservation Service, which amended lease in no way will cost the County any funds, and further the Board increased the expenditures for the Extension Service 1984-85 budget by $1,380 with an offsetting increase in budgeted revenue of the same amount. Vote: Unanimous 12.A.3. INCREASE IN RRPDC LOCAL CONTRIBUTION On motion of Mrs. Girone, seconded by Mr. Applegate, the Board adopted the following resolution: WHEREAS, the Virginia Area Development Act (Title 15.1), Chapter 34, Section 15.1-].400, et seq., Code of Virginia (1950), as amended, authorized the organization of a Planning District Commission by written Charter Agreement; and 84-272 WHEREAS, pursuant to Title 2.1, Chapter 6.1, Section 2.1-63.5 of the Code of Virginia (1950) as amended, geographic boundaries of Planning District 15 have been established; and WHEREAS, the governing bodies of the governmental subdivisions embracing the majority of the population within said Planning District have organized a Planning District Commission by written Charter Agreement; and WHEREAS, this Charter Agreement provides in Article X, Section 1 that it may be amended only by concurring resolutions of all member governmental subdivisions of the Commission after iproposed amendments have been submitted to the Commission for its review and comment to the member governmental subdivisions; and WHEREAS, the Commission has reviewed the resolution proposed herein and has recommended its adoption. THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That on the 9th day of May it hereby adopts the Amendment to the Charter Agreement of the Richmond Regional Planning District Commission, a copy of which is attached hereto and made a part of this resolution. 2. That the County Administrator of the County of Chesterfield be and hereby is authorized and directed to sign and execute, on behalf of the Board of Supervisors the Amendment to the Charter Agreement of the Richmond Regional Planning District Commission, a copy of which Amendment is attached to this resolution. 3. That Mrs. Joan Dolezal, Deputy Clerk to the Board, be and hereby is authorized and directed to witness the signature of said County Administrator and to affix the official seal of the County of Chesterfield on said Amendment to the Charter Agreement of the Richmond Regional Planning District Commission, a copy of which is attached to this resolution. Vote: Unanimous 12.A.4. BINGO/RAFFLE PERMIT On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved the request for a bingo and/or raffle permit for the Womens Club of Walton Park for calendar year 1984. Vote: Unanimous 12.B. APPOINTMENTS 12.B.1. JOHN TYLER COMMUNITY COLLEGE LO~ ?'~L BOARD Mr. Daniel disclosed to the Board the ~.~ ioyee/employer relationship which exists at Philip MoI~.~s between he and Mr. Robert Bryant, and stated he would not participate in the discussion of this appointment because of a possible conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board submitted the name of Mr. Robert L. Bryant for reappointment to the John Tyler Community College Local Board for official appointment at the May 23, 1984 meeting. 84-273 ,es: Mr. Applegate, Mr. Dodd, Mrs. Girone and Mr. Mayes. ~ntion: Mr. Daniel. motion of Mr. Mayes, seconded by Mrs. Girone, the Board ~mitted the name of Mr. Richard L. Hedrick for appointment to John Tyler Community College Local Board to fill the vacancy ulting from Mr. Melvin Burnett's term for which he is ineligible for reappointment. : Unanimous Mr. Daniel requested that a letter be written for the Chairman's signature expressing appreciation for Mr. Burnett's service and that the County Administrator discuss with the President of the College if the College, the Board or both should present an appropriate resolution. 12.B.3. RICHMOND REGIONAL SOLID WASTE TASK FORCE On motion of Mr. Daniel, seconded by Mr. Dodd, the Board nominated Mr. Mayes for appointment to the Richmond Regional Solid Waste Task Force which formal appointment would be made at the May 23, 1984 meeting. Vote: Unanimous 12.B.4. MPO TRANSPORTATION GOALS COMMITTEE On motion of Mr. Daniel, seconded by Mr. Applegate, the Board submitted Mrs. Girone's name as the elected official with Mr. Stanley Balderson as the non-voting alternative staff person to the MPO Transportation Goals Committee which formal appointments would be made at the May 23, 1984 meeting. Vote: Unanimous 12.C. HIGHWAY ENGINEER Mr. Charles Perry, Resident Engineer with the Virginia Department of Highways and Transportation, presented the Board with a status on traffic sJ. gnal requests as requested. Mr. Perry stated in response to a request from citizens for a traffic light at the intersection of Winterfield and Route 60, a study is complete and it has been approved and they will develop a plan to make improvements on Route 60 in conjunction with the signal at the intersection as well as the future intersection of Charter Colony and Route 60. Mr. Daniel inquired about the signal for Belmont and Turner Roads which he thought was approved. Mr. Perry stated that has been approved and he thought the right of way was cleared and they are working on the utilities at this time. Mr. Mayes inquired about the intersection of River Road, Laurel Road and Chesterfield Avenue. Mr Perry stated that a study was made and be would forward the results to Mr. Mayes. Mr. Dodd stated he would like Mr. Perry to look at Clifflawn rather than Elmwood as the pavement is deteriorating badly. Perry stated he would check into the matter. Mr. Mr. Mayes stated he is successfully passing his items of concern regarding highway matters through the Co,.~nty Administrator's Office. Mr. Applegate stated he and Mr. Perry were scheduling a meeting to review his road matters. 84-274 Mr. Dodd stated he appreciated the curb and gutters at Purlock and Kingsdale and inquired if lines were to be painted. Mr. Newcomb explained the five lane system, the resurfacing and the repainting of the lines as there were two contracts on this project. Mrs. Girone inquired about the surfacing of roads at Virginia State University. Mr. Perry stated this is scheduled in the plant mix contract but the contract has not yet been awarded. Mrs. Girone presented Mr. Perry with notes on road matters. Mrs. Girone state it had been very nice working with Mr. Perry and his staff. Mr. Daniel stated the light synchronization at Chippenham and Hopkins seems to be running irregular. Mr. Daniel thanked the Department for the work regarding Dale Park and also offered his assistance in this matter. Mr. Mayes stated he did not feel it appropriate for each member of the Board to deal with an outside agency when there is a County Administrator through which these matters should be handled and that is why he goes through the County Administrator. He stated a resolution was adopted by the Board to this effect. He inquired if there were any preferential treatment given. Mrs. Girone stated she felt this was the best way in dealing with minor problems and there is no preferential treatment given. She explained the different crews and how the Department operates which she felt the small items could be handled quicker. Mr. Mayes stated he felt the Highway representative could be present as a resource person but not discuss individual matters with the Board members. He stated he felt the County Administrator could better set priorities for the entire County rather than each Supervisor giving a list to the Department. Mr. Dodd stated he felt his constituents held him accountable for various matters and this has been done for many years and it allows his constituents to see publicly that he is trying. Mr. Daniel requested that the Board members vote on whether or not the Highway Engineer should be present and discuss matters at the Board meeting. Mr. Dodd, Mrs. Girone and Mr. Applegate stated they felt it should remain as is and Mr. Daniel and Mr. Mayes stated they felt it should not. Mr. Mayes stated he felt this is taking advantage of the Highway Department but they could be present as a resource person. Based on the voting, the Highway Engineer will continue to be present. Mr. Perry stated that it is the Department's policy to meet with their jurisdictions once a month but that could be changed based on the Board's pleasure. 12.D. CO~UNITY DEVELOPMENT 12.D.1. BRANCHWAY ROAD IMPROVEMENT PROJECT Mr. Applegate stated he had some major problems with this item and did not know if extending Southlake Boulevard a short distance to Courthouse would correct the situation and may make it worse~ Mrs. Girone stated there had been a number of possible solutions and this has always been a viable solution and the right of way has been obtained by Mr. Woolfolk who worked with Mr. Timmons and agreed to give it to the County as a partial compensation and there is no other way. Mr. Applegate stated he felt there may be a stacking problem. Mr. Balderson stated as the traffic increases there may be a need for additional controls through signalization but feels now by turn lanes on Courthouse Road and simple stop and yield signs, this problem can be controlled. Mr. App]egate inquired if a traffic signal light at Edenberry, Branchway and Courthouse would not do the same 84-275 thing. Mr. Balderson explained the alignment problem at the Edenberry, Branchway and Courthouse location. He explained the plan to provide a collector street from Courthouse Road paralleling Route 60 all the way to Trade Road, Research Road ~here it can be extended northerly to intersection with Midlothian and staff feels this is the best solution that is available. Mr. Applegate inquired about the barricade and not having an entrance from Branchway onto Courthouse. Mrs. Girone stated there were a lot of accidents in the area and that is what started the plans for the area. Mr. Balderson stated with the angle of the intersection there it would be difficult to control the traffic at that point even with automatic signalization. Mrs. Girone stated the County has tried to get a signal light but it has not been approved. Mr. Balderson stated the expense of the engineering to do what Mr. Applegate suggested would exceed the costs that would be employed to extend Southlake Boulevard. Mr. Applegate inquired about the property that would be blocked off. Mr. Balderson stated that access would have to be provided to those who front Branchway. Mr. John Smith stated this is a change in the road way and requires a public hearing. Mr. Balders~ stated that proper )rocedures would be followed. )n motion of Mrs. Girone, seconded by Mr. Dodd, the Board appropriated $22,600 from the General Fund Contingency account to the Branchway Road Revenue Sharing Project Account for right of way acquisition for the Branchway Road Improvement Project, a copy of the plans are filed with the papers of this Board. Vote: Unanimous 12.D.2. JADE ROAD UNIMPROVED Mr. Applegate stated he was out of town and had not had time to investigate this matter further with the individuals involved. further discussion, it was on motion of Mr. Applegate, seconded by Mrs. Girone, resolved that this item be deferred June 13, ]984. : Unanimous 12.D.3. SET DATE FOR ORDINANCE REGARDING FEE INCREASES motion of Mr. Dodd, seconded by Mr. Mayes, the Board rescinded its motion of April 25, 1984 setting a public hearing date for g permit fees and rezoning fees and set the date of June 27, 1984 at 9:00 a.m. for a public hearing to consider an ordinance amending Chapters 6, 18 ~nd 21 of the Code of the of Chesterfield, 1978, as amended, relating to building )ermit fees, rezoning fees, subdivision fees and new ~lassifications for rezoninq fees and further referred to the Planning Commission for a public hearing on June 19, 1984 ordinance provisions relating to fee increases for rezoning subdivisions and new classifications for rezoning fees. : Unanimous 12.E. UTILITIES ITEMS 12.E.1. SEWER ITEMS 12.E.l.a. REQUEST FOR SEWER SERVICE BY DONALD B. PIERCR motien of Mr. Mayes, seconded by Mr. Dodd, the Board approved 84-,276 the extension of sewer service of a 12 inch sewer line by Mr. Donald B. Pierce, 11301 Moravia Road, provided he pay a $1,800 connection fee and further that $5,500 be appropriated from 574 surplus to 380-1-74711-4393, based on the County Administrator's assessment of the issue. Vote: Unanimous 12.E.l.b. RESOLUTION TO STATE WATER CONTROL BOARD Mr. Welchons stated the State Water Control Board will hold a public hearing on May 15, 1984 to update the FY 85-89 Construction Grant Priority List and requested the Board adopt a resolution in support of the County receiving funding for our sewerage needs. He stated the resolution would request funding for the Falling Creek Pump Station and Force Main, Expansion of the Proctors Creek Wastewater Treatment Plant, infiltration/inflow correction and the East Reservoir Trunk Sewer. Mr. Dodd inquired about the east reservoir trunk sewer. Mr. Welchons stated it was the trunk sewer along the eastern side of the reservoir from Route 360 along through Brandermill which relieve the two pumping stations now. Mr. Dodd stated that the force main along Route 10 in the Enon area is undersized for full development and asked if funds should be requested for this as well. Mr. Welchons stated that project is anticipated to be beyond the five year time frame of this plan. Mr. Hedrick stated this resolution relates to the treatment aspects and the necessary facilities. He stated he felt Mr. Dodd's question related to the feeder system which would be funded through a bond issue. Mr. Welchons stated it was difficult to receive funding for pumping stations and force mains unless it will have a direct effect on treatment, as to where the sewage will be treated. Mr. Dodd stated he had a problem if we are going into the east reservoir trunk sewer which is almost the same thing as getting an increased size and a force main. He stated he knows there is a Sewer Master Plan but he thinks with the advent of the eastern route of 295, the projection of the Route 10 corridor needs to be looked at again as he felt it would be sooner than five years. He stated if we go to a bond issue, he would like that considered as he is getting feedback where development is trying to take place but we are saying we do not have the capacity. On motion of the Board, the following resolution was adopted: Whereas, the Virginia State Water Control Board is reviewing the Construction Grants Priority List for FY 1985-89; and Whereas, a public hearing will be conducted on May 15, 1984, to receive input and testimony regarding the State Water Control BOard's proposed Construction Grants Priority List; and Whereas, the results of such review will be to finalize the list of those municipalities that will receive grants; and Whereas, prior grants for sewage treatment needs in Chesterfield County were not funded to provide adequate plant capacities for the normal twenty-year design period; and Whereas, Chesterfield County is in the process of completing a sewerage system master plan, detailing future treatment and transmission facility needs; and Whereas, Chesterfield County has submitted proposed projects for the FY 1985-89 priority list totalling $33,954,000; and Whereas, the State Water Control Board's proposed FY 1985-89 priority list does not include any funding for Chesterfield County's needs; and 8~-~277 Whereas, the State Water Control Board has previously committed to funding 75% of the cost of advanced wastewater treatment filters at the Falling Creek Treatment Plant when required; and Whereas, the Falling Creek Pump Station and Force Main eliminate the need for the approved filters. Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors requests the State Water Control Board approve funding in the 1985-89 Construction Grant Priority List for the construction of: 1. Falling Creek Pump Station-Force Main (1985) 2. Proctors Creek Wastewater Treatment (1985) (Plant Expansion) 3. Infiltration/Inflow Correction (1985-89) 4. East Reservoir Trunk Sewer (1987) ($ 4,670,000) ($15,000,000) ($ 2,500,000) ($11,784,000) Now, Therefore, Be It Further Resolved that Chesterfield County requests that the fund for the filters be transferred this fiscal year for the proposed improvements. And, Further Be It Resolved, that the Chesterfield County Board of Supervisors directs this resolution to be presented at the public hearing to be held on May 15, 1984, in Senate Room B. Vote: Unanimous Mr. Mayes inquired if this plan conforms with the overall improvement plan for sewerage plants. Mr. Welchons stated it conformed and was put together directly from the Sewer Master Plan report. The County Administrator was directed to solicit the assistance of the County's Legislators in this matter. 12.E.2. WATER LINE FROM CLOVER HILL HIGH TO WOODLAKE DEVELOPMENT On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute any necessary documents for Contract No. W84-67CD, extension of the water line from Clover Hill High School to the Woodlake Development, and the Board appropriated $24,520.72 from 563 Surplus to 380-1-64672-3221 to cover the cost of the materials furnished by the County and further the Board approved the request of the developer to receive refunds for nine years instead of the standard five year period. It is noted the contract cost is estimated at $516,441.72 of which the estimatDd County cost is $282,552.22 ( refund through connections and County furnished materials, Code 559-100556-0000-refund through connections) and the estimated developers cost is $233,889.50. Vote: Unanimous 12.E.3. CONSENT ITEMS 12.E.3.a. WATER LINES TO SERVE FOREST ACRES Dn motion of Mr. Dodd, seconded by Mrs. Girone, the Board ~pproved and authorized the County Administrator to execute any Necessary documents for the following water contract: ~84-76CD/6(8)4762, Water Lines to Serve Forest Acres, Resubdivision of Lot 2, Block B, Section C )eveloper: William H. Martin, Jr. Contractor: Bookman Construction Company Estimated Project Cost: $4,820.00 Estimated County Cost: 1,440.00 (cash refund for off-site) Estimated Developer Cost: $3,380.00 And further the Board transferred $1,584.00 from 380-1-62000-7221 to 380-1-64762-7212. 8~-278 Vote: Unanimous 12.E.3.b. DEED OF DEDICATION OF LAND ALONG COURTHOUSE ROAD On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to accept, on behalf of the County, a deed of dedication for a 15 ft. strip of land along Courthouse Road from Dean E. Whittington and Nonie E. Whittington, Map Section 78-7. Vote: Unanimous Mr. Applegate disclosed to the Board that he was involved in a sales contract along Lucks Lane and excused himself from the meeting for a possible conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act. 12.E.3.c. DEED OF DEDICATION FROM MIDLOTHIAN ENTERPRISES, INC. Mr. John Smith was present and stated the Board would be accepting a deed of dedication from a company who does not have the right to convey it and there may be legal action initiated. Mr. Micas stated the company is dedicating this with a general warranty deed which provides for a warranty of title. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approve~ and authorized the County Administrator, on behalf of the County, to accept a deed of dedication from Midlothian Enterprises Inc. of a 90 ft. wide right of way for Lucks Lane. Ayes: Mr. Daniel, Mr. Dodd, Mrs. Girone and Mr. Mayes. Absent: Mr. Applegate. Mr. App]egate returned to the meeting. 12.E.4. REPORTS Mr. Welchons presented the Board with a report of developer water and sewer contracts executed by the County Administrator. 12. F. REPORTS Mr. Hedrick presented the Board with a report on tax of heavy equipment and with the status report of the contingency account. Mr. Hedrick stated the County had been formally notified that the road listed had been abandoned by the Highway Department effective April 20, 1984: LENGTH ~ 3 and 4 of Old Corner Rock Road, Route Sections 1, ~, ~ 728) from new Route 728 southerly 0.05 mile. 0.50 mi. !2.G. EXECUTIVE SESSION On motion of Mrs. Girone, seconded by Mr. Dodd, the Board went into Executive Session to consult with legal counsel regarding matters relating to the implementation of the 911 Telephone system and discussion of the condition, acquisiton or use of real property for public purposes as permitted by Section 2.1-344 (a) (6) and (2), respectively, of the Code of Virginia, 1950, as amended. Vote: Unanimous ~4-279 Reconvening: 13. ADJOURNMENT On motion of Mr. Mayes, seconded by Mr. Dodd, the Board adjourned at 9:25 p.m. until 9:00 a.m. on May 23, 1984. Vote: Unanimous ~ic~'ar~ L. Hedrick County Administrator 84-280