08-08-1984 MinutesBOARD OF SUPERVISORS
MINUTES
August 8, 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 R. Balderson,
Dir. of Planning
Mrs. Doris DeHart,
Volunteer Coordinator
Mr. Robert Galusha,
Personnel Dir.
Mr. Phil Hester, Dir.
of Parks & Rec.
Mr. Elmer Hodge, Asst.
County Administrator
Mr. Robert Masden,
Asst. Co. Admin. for
Human Services
Mr. R. J. McCracken,
Transp. Director
Mr. Richard McElfish,
Environmental Eng.
Mrs. Mary A. McGuire,
County Treasurer
Mr. Steve Micas, Co.
Attorney
Mrs. Pauline Mitchell,
Public Info. Officer
Mr.~ Jeffrey Muzzy,
Asst. Co. Admin. for
Community Development
Mr. Lane Ramsey, Dir.
of Budget & Acctg.
Mr. M. D. Stith, Jr.,
Exec. Asst., Co. Adm.
Mr. David Welchons,
Dir. of Utilities
Mr. Daniel called the meeting to order at the Courthouse at 7:00
p.m. (EDST).
1. INVOCATION
Mr. Daniel introduced Reverend Charles Hammett, Pastor of Christ
Community Church, who gave th~ invocation.
2. APPROVAL OF MINUTES
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved the minutes of July 24, 1984, as submitted.
Vote: Unanimous
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
approved the minutes of July 25, 1984, as amended.
Vote: Unanimous
3. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Micas introduced Ms. Karen Waldron, newly employed Assistant
County Attorney, and outlined her'educational and professional
experience. Ms. Waldron stated it was her pleasure to join %he
County Attorney's office and she looked forward to serving the
County. The Board welcomed Ms. Waldron to the County.
84-444
Mr. Hedrick informed the Board that the July/August, 1984 issue
of the Virginia Review, published by the Virginia Association of
Counties, featured an article on the Board's Investiture Ceremony
held in January.
4. ITEMS TO BE DELETED OR HEARD OUT OF SEQUENCE
:On motion of Mr. Applegate, seconded by Mr. Mayes, the Board
added Item 9.F.5., Acquisition of Property for a Park Site to
Serve the Bellwood/Bensley Area which is of an emergency nature,
pursuant to the rules and procedures of the Board, and adopted
the agenda as amended.
iVote: Unanimous
5. RESOLUTIONS OF SPECIAL RECOGNITION
Mr. Hedrick indicated there were no resolutions of special
recognition for this meeting.
6. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
Mr. Hedrick indicated there were no hearings of citizens
scheduled for this meeting.
7. DEFERRED ITEMS
7.A. PUBLIC HEARING - EXTENSION OF SOUTHLAKE BOULEVARD
Mr. Hedrick stated this date and time had been scheduled for a
public hearing to consider the conveyance of 0.339 acres to the
Commonwealth of Virginia for the extension of Southlake Boulevard
between Courthouse Road and Branchway Road. He stated all of the
legal documents had not been executed and requested a two week
deferral. There was no one present to discuss this matter. On
motion of Mrs. Girone, seconded by Mr. Dodd, the Board deferred
this public hearing until August 22, 1984 at 9:00 a.m.
Vote: Unanimous
7.B. PUBLIC HEARING - EASTERN AREA COMPREHENSIVE PLAN AMENDMENT
Mr. Hedrick stated this date and time had been scheduled for
continuation of the public hearing on the Eastern Area
Comprehensive Plan Amendment. Mr. Balderson stated action was
deferred in order to consider three points regarding land use
south of Route 10. He stated the staff had met with concerned
citizens, property owners, developers, etc. with regard to the
comments made at the last meeting. He stated the results of the
meeting were that there are no firm plans to deviate from the
plan presented to the Board and approved by the Planning
Commission. He stated that any land use changes in those areas
warranted specific plans and would be considered at a later time.
He stated staff explored the additional access at the Route
10/295 interchange with possible collector/distributor access
back to Meadowville Road to serve heavy industrial development in
that area. He stated the Highway Department has agreed to take
this under study for future consideration. There was no one
present to discuss this matter.
Mr. Dodd stated this amendment involved the Enon area which is a
very important part of the County. He stated he would recommend
approval and adoption of the plan with an amendment that the plan
for the eastern area of the County have a three hundred foot
depth of commercial frontage on the north and south sides of
Route 10 for the entire distance between Meadowville Road and
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the 1-295 interchange. He stated the Highway Department is
looking at the Meadowville Road area of the County which is very
vital to the County for future development. He stated that
although some of the 295 area is shown basically for residential,
there is a statement in the plan that should that area have
access to Route 10 or another main corridor that the County could
consider zoning that business or light industrial, preferably
light business. He stated he felt the golf course should become
residential if it should develop and the County should not
involve itself in the golf course business at this time. He
requested that staff contact the legislators, in particular Mr.
Leslie Saunders who represents this portion of the County, to
continue to pursue consideration from the State on this
Meadowville/295 interchange even though the State has agreed to
study it.
On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adopted
the following resolution:
WHEREAS, the Chesterfield Board of Supervisors adopted
General Plan 2000 on June 22, 1977; and
WHEREAS, Title 15.1, Chapter 11, Article 4 of the Code of
Virginia provides for the preparation and review of a
comprehensive plan for all Virginia localities, and allows
preparation of this Plan in parts; and
WHEREAS, the Chesterfield Board of Supervisors requested
that the Chesterfield Planning Commission review the existing
Plan for the Eastern Area and determine if revision to the
General Plan 2000 were needed; and
WHEREAS, the Chesterfield Planning Commission has considered
proposed Plan alternatives and has held public hearings on the
proposed Plan revision; and
WHEREAS, the Chesterfield Planning Commission has
recommended approval of the consultant's recommended Plan.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield Board
of Supervisors adopts the recommended Eastern Area Land Use and
Transportation Plan as an amendment to the Chesterfield General
Plan 2000 to guide future development and provision of streets
and public facilities in the area except that a 300 foot depth of
commercial frontage shall be shown on the north and south sides
of Route 10 for the entire distance between Meadowville Road and
the 1-295 Interchange and that recommendations for the regulation
of access between the commercial frontage and Route 10 shall be
developed by staff and presented to the Board at a later date.
Vote: Unanimous
7oC.
JADE ROAD UNIMPROVED
Mr. Balderson stated this matter had been deferred from the
meeting on July 11, 1984. Mr. Applegate stated he would like to
defer this matter for 30 days. He explained the reason for this
request was that there was a petition signed by several hundred
individuals in the area, which really represented only 45
households, he has met with staff regarding their
recommendations, he talked to neighbors on both sides of the
issue and he felt the intent of the County to possibly construct
the thoroughfare is solely for public safety. He stated he had
talked to.Mr. Darnell and indicated he felt the thoroughfare
should be constructed but because of the community's concern and
the fact that they did not want it, he would request a 30 day
deferral. He stated a petition for the property owners is
circulating the neighborhood requesting the Board to vacate Jade
Road, which he read. He stated if the residents are still
adamant in their position, he would move for vacation of the
right of way at the September 12, 1984 meeting. On motion of Mr.
Applegate, seconded by Mr. Dodd, the Board deferred this matter
until September 12, 1984.
84-446
Vote: Unanimous
8. PUBLIC HEARINGS
o ORDINANCE REGARDING STATE MOTOR VEHICLE OFFENSES
Mr. Hedrick stated this date and time had been advertised for a
public hearing to consider an ordinance amending Article I,
Section 14.1-1 of the Code of the County of Chesterfield,
Virginia, 1978, as Amended, Relating to Adoption of State Law
Dealing with Motor Vehicle Offenses. Mr. Micas stated the Board
had adopted this ordinance on an emergency basis at the July 11,
1984 meeting and explained the ordinance. There was no one
present to discuss the matter. On motion of Mrs. Girone,
seconded by Mr. Applegate, the Board adopted the following
ordinance:
AN ORDINANCE TO AMEND ARTICLE I,
SECTION 14.1-1 OF THE CODE OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, 1978, AS AMENDED
RELATING TO ADOPTION OF STATE LAW DEALING
WITH MOTOR VEHICLE OFFENSES
BE IT ORDAINED by the Board of Supervisors of the County of
Chesterfield, Virginia:
(1) That the Code of the County of Chesterfield, 1978, as
amended, is amended by amending the following section:
Sec. 14.1-1 Adoption of state law.
Pursuant to the authority of section 46.1-188 of the Code of
Virginia, as amended, all of the provisions and requirements of
the laws of the state contained in Title 46.1 and Article 2 of
Chapter 7 of Title 18.2 of the Code of Virginia, as in force on
July 1, 1984, except those provisions and requirements the
violation of which constitutes a felony, and except those
provisions and requirements which by their very nature can have
no application to or within the county, are hereby adopted and
incorporated in this chapter by reference and made applicable
within the county. References to "highways of the state"
contained in such provisions and requirements hereby adopted
shall be deemed to refer to the streets, highways and other
public ways within the county. Such provisions and requirements
are hereby adopted, mutatis mutandis, and made a part of this
chapter as fully as though set forth at length herein, and it
shall be unlawful for any person, within the county, to violate
or fail, neglect or refuse to comply with any provision of Title
46.1 or Article 2 of Chapter 7 of Title 18.2 of the Code of
Virginia which is adopted by this section; provided, that in no
event shall the penalty imposed for the violation of any
provision or requirement hereby adopted exceed the penalty
imposed for a similar offense under Title 46.1 or Article 2 of
Chapter 7 of Title 18.2 of the Code of Virginia.
Vote: Unanimous
9. NEW BUSINESS
9.A. SALE OF TIMBER AT POCAHONTAS STATE PAR~
Mr. Hedrick introduced Mr. James Bowen, Superintendent of the
State Forestry Division, and Mr. John Baldock, Forest Ranger at
Pocahontas State Forest. Mr. Bowen presented the Board with a
check in the amount of $82,566.31 which represents 25% of the
gross receipts for sale of forest products at Pocahontas State
Forest. He stated this is more'than what is normally received
but due to the southern pine bark beetle, more timber had to be
cut than anticipated. He stated, hopefully, the beetle problem
84-447
has subsided but they are monitoring it closely. He briefly
reviewed the wood management and multi-use programs at the Park.
The Board accepted the check and expressed appreciation for the
activities provided at the Park.
Mr. Bowen informed the Board that Mr. Baldock would be retiring
at the end of the month after serving as Forest Ranger for
Pocahontas since 1967. The Board congratulated Mr. Baldock and
wished him a long and happy retirement.
9.B. BOND ANTICIPATION NOTES FOR POWHITE PARKWAY
Mr. Ramsey stated staff recommends the Board adopt a resolution
authorizing the issuance of bond anticipation notes in the amount
of $22,000,000 for the Powhite Parkway Extension Project. He
stated the current market conditions reflect an advantage to use
short term financing and an interest rate of 7% is expected when
long term rates are 10-10½%. He stated at the end of the two
years when the final cost to the County is determined, the
permanent financing would be then arranged. He stated the Board
is also requested to appropriate $16,000,000 of the bond proceeds
which is the estimated cost of right of way acquisition. Mr.
Daniel inquired if this would preempt the County from issuing
long term bonds in two years. Mr. Micas stated that it does not.
Mr. Daniel inquired if in appropriating the funds, the funds
would be invested and spent only as the land transactions are
handled. Mr. Ramsey stated the State would be billing the County
as they acquire the right of way and the investment should more
than off-set the interest costs as the County will hold the
funds. Mr. Applegate inquired if the former Board approved
$4,500,000 for right of way acquisition and inquired if that is a
part of this funding. Mr. Ramsey stated it was not a part of
this funding and the effect of the passing of the Bond Referendum
returned that $4,500,000 to the General Fund.
After further discussion, it was on motion of the Board, resolved
that the following resolution be adopted:
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE, SALE AND
DELIVERY OF $22,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS OF CHESTERFIELD COUNTY, VIRGINIA, FOR
THE PURPOSE OF FINANCING THE COST OF HIGHWAY IMPROVEMENTS IN
CONNECTION WITH THE EXTENSION OF THE POWHITE PARKWAY AND
IMPROVEMENTS TO CONNECTING PORTIONS OF ROUTE 288; AND AUTHORIZING
AND PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF A LIKE
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTEs IN
ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS
BE IT RESOLVED by the Board of Supervisors of Chesterfield
County:
SECTION 1. Findings and Determinations. Pursuant to
Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended
(the same being the Public Finance Act), an'election duly called
and held under the Public Finance Act in Chesterfield County,
Virginia (the "County"), on June 12, 1984, the County is
authorized to contract debt and issue its general obligation
bonds in the maximum amount of twenty-two million dollars
($22,000,000) for the purpose of financing the cost of highway
improvements in connection with the extension of the Powhite
Parkway and improvements to connecting portions of Route 288.
None of such general obligation bonds have heretofore been issued
by the County, and the Board deems it advisable and in the best
interests of the County to authorize the issuance of up to
twenty-two million dollars ($22,000,000) aggregate principal
amount of such bonds and to authorize and provide at this time
for the issuance, sale and delivery of a like principal amount of
general obligation bond anticipation notes in one or more series
in anticipation of the issuance of such bonds.
84-448
SECTION 2. Authorization of Bonds. For the purpose of
financing the costs of the public improvement project of the
County described in Section 1, there are hereby authorized to be
issued not to exceed twenty-two million dollars ($22,000,000)
principal amount of general obligation bonds of the County to be
designated and known as "Public Improvement Bonds" (hereinafter
referred to as the "Bonds"). The Bonds may be issued in their
entirety at one time, or from time to time in part in series, and
in such manner, as this Board by resolution or resolutions
hereafter adopted determines. This Board by resolution or
resolutions hereafter adopted shall also fix the form and details
of the Bonds.
SECTION 3. Authorization of Notes. General obligation bond
anticipation notes (hereinafter referred to as the "Notes") are
authorized for issuance and sale by the County in anticipation of
the issuance of the Bonds. The Notes may be issued in their
entirety at one time, or from time to time in part in series, in
such principal amounts, not to exceed in the aggregate twenty-two
million dollars ($22,000,000), as shall be determined by the
County Administrator. Each issue of the Notes shall be dated,
shall mature and be payable within two years from their date,
shall bear interest at such rate of interest not in excess of the
rate permitted by Section 2.1-326.1 of the Code of Virginia,
1950, as amended, shall be subject to redemption prior to
maturity at any time at par plus accrued interest, shall recite
that they are issued pursuant to the Public Finance Act and an
election held in the County under such Act on June 12, 1984,
-shall be sold at par at competitive or negotiated sale, and shall
be issued and sold on such other terms and conditions, all as
shall be determined by the County Administrator. If the Notes
are offered for competitive sale, a notice of sale shall be
prepared, published and distributed at such time or times and in
such form as shall be determined by the County Administrator.
There may also be prepared and distributed an official statement
of the County relating to the Notes in such form as shall be
approved by the County Administrator. Any Notes having a
maturity of more than one year shall be in fully registered form
as required by Section 103(j) of the Internal Revenue Code of
1954, as amended. The sale of the Notes and the form, manner of
execution and other details thereof shall, prior to the delivery
thereof, be approved, ratified and confirmed by resolution of
this Board. The issuance and details of the Notes shall be
governed by the provisions of Sections 15.1-223 and 15.1-224 of
the Public Finance Act.
SECTION 4. SOurces of Payment of Notes. The full faith and
credit of the County shall be and is irrevocably pledged to the
punctual payment of the principal of and interest on the Notes as
the same become due. There shall be levied and collected
annually, at the same time and in the same manner as other taxes
are assessed, levied and collected, ad valorem taxes upon all
property subject to taxation by the County, without limitation as
to rate or amount, sufficient to provide for the payment of the
principal of and interest on the Notes as the same respectively
become due and payable, to the extent such principal and interest
is not paid from the proceeds of the Bonds, the proceeds of other
notes or from any other available moneys.
SECTION 5. Arbitrage Covenant. The County shall make no
use of the proceeds of the sale of the Notes which would cause
the Notes to be "arbitrage bonds" under Section 103(c) of the
Internal Revenue Code of 1954, as amended, and the County shall
comply with the applicable regulations of the Internal Revenue
Service adopted under such Section 103(c) so long as any Note is
outstanding.
SECTION 6. Application of Note Proceeds. The proceeds of
the sale of the Notes shall be applied to the payment of the cost
of the public improvement project of the County described in
Section 1.
84-449
SECTION 7. Filing of this Resolution with Circuit Court.
The County Attorney is authorized and directed to file a copy of
this resolution, certified by the Clerk of this Board to be a
true and correct copy hereof, with the Circuit Court of the
County of Chesterfield.
SECTION 8. Invalidity of Sections, Paragraphs, Clauses or
Provisions. If any section, paragraph, clause or provision of
this resolution shall be held invalid or unenforceable for any
reason, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining portions of this resolution.
SECTION 9. Repeal of Conflicting Resolutions and
Proceedings. All resolutions and proceedings in conflict
herewith are, to the extent of such conflict, repealed.
SECTION 10. Headings of Sections. The headings of the
sections of this resolution shall be solely for convenience of
reference and shall not affect the meaning, construction,
interpretation or effect of such sections or of this resolution.
SECTION 11. Effectiveness of Resolution.
shall take effect upon its adoption.
This resolution
Vote: Unanimous
On motion of the Board, the Board appropriated $16,000,000 to the
Powhite Parkway Project to provide for payments to the State as
right of way is being acquired.
Vote: Unanimous
9.C. MORAL OBLIGATION TO SUPPORT PARKER FIELD BOND ISSUE
Mr. Hodge stated that several months ago the County entered into
a cooperative agreement with Richmond and Henrico to work on a
project for reconstruction of Parker Field. He stated half of
the cost was to be from private donations and the other half from
a bond issue that would be supported by the operation of the
facility. He stated the fund raising campaign has been very
successful and it is now necessary to proceed with the bond
issue. He presented the artist's renderings of the facility and
introduced Mr. George Cheadle, General Manager of the Richmond
Metropolitan Authority (RMA), and Mr. Doug Maxwell, Attorney for
the RMA. He stated the schedule attached shows that the
shortfall each year is dependent on the attendance at the
ballfield. He stated the worse that could, happen would be that
the jurisdictions would have to support the entire debt service
which would be approximately $~57,000 each per year. He stated
the first year would be the worst, but activities should increase
thereafter.
Mr. Cheadle stated appreciation for the confidence that the
County had expressed in the RMA as a participant in this project
and for the staff support in this undertaking. He stated an
Operating Committee had been activated on which there is equal
representation from each jurisdiction. He stated the architect
has been authorized to proceed with four weeks of work at this
time which was necessary to insure that the schedule could be
kept. He.stated this was the limit of their ability to award a
contract since the permanent financing has not been accomplished.
He stated the project is on schedule and positive reaction has
been received. He stated three architects submitted plans and
after the choice was made, the other two reviewed the plans and
agreed it was a good proposal. He stated the plan is outstanding
in function and aesthetics and is 'an original design.
84-450
Mr. Daniel stated he felt all could be extremely proud of the
private sector and community efforts which have gone into this
project from each jurisdiction.
Mr. Applegate inquired if the average ticket price of $1.80 is
what it is today. Mr. Hodge stated it is less than $1.00
currently and the promotional costs, etc. have been included in
the new cost. Mr. Applegate inquired what the projected
attendance is for this year. Mr. Hodge stated 290,000 for this
year. Mr. Applegate inquired if the Board was obligating itself
to a maximum of $157,000. Mr. Hodge stated it is estimated to
be $157,000 but it could be more.
On motion of the Board, the following-resolution was adopted:
THIS AGREEMENT, made this day of , 1984, by and
between the City of Richmond (Richmond), the County of Henrico
(Henrico), the County of Chesterfield (Chesterfield) (Richmond,
Henrico and Chesterfield being political subdivisions of the
Commonwealth of Virginia and being hereinafter sometimes referred
to collectively as the Localities) and the Richmond Metropolitan
Authority, a political subdivision of the Commonwealth of
Virginia (RMA).
W I TNE S SETH:
WHEREAS, RMA was created as a political subdivision and
public body corporate of the Commonwealth of Virginia by Chapter
178, Acts of Assembly, Session of 1966 (as amended from time to
time, the Act) for the public purpose of carrying out various
projects in the metropolitan Richmond area which will contribute
to the economy and welfare of the Commonwealth and the
Localities; and -
WHEREAS, the General Assembly of the Commonwealth of
Virginia amended the Act by Chapter 597 of the Acts of Assembly,
Session of 1984, to authorize RMA, with the approval of the
Council of Richmond and the Boards of Supervisors of Henrico and
Chesterfield, respectively, to acquire land, construct and own a
stadium of sufficient seating capacity and quality for the
playing of baseball at the level immediately below major league
baseball and to lease such land, stadium and attendant facilities
under such terms and conditions as RMA may prescribe; and
WHEREAS, by resolutions duly adopted by the Council of
Richmond and the Boards of Supervisors of Henrico and
Chesterfield, respectively, RMA has been requested to assist in
financing the construction and assume responsibility for the
maintenance and operation of a new stadium (the Stadium) to
replace the existing Parker Field structure located at 3001 North
Boulevard in the City of Richmond, Virginia; and
WHEREAS, the Stadium will be a public facility which will
benefit the entire metropolitan Richmond community and materially
enhance the economy of that region and the welfare of its
residents; and
WHEREAS, RMA proposes to (i) accept a conveyance of the
Parker Field site from Richmond by deed of bargain and sale, (ii)
remove the existing Parker Field structure, (iii) construct on
the Parker Field site the Stadium, and (iv) own, operate,
maintain and improve the Stadium; and
WHEREAS, RMA also proposes to accept an easement from
Richmond with respect to the parking facilities (the Parking
Facilities) related to the Parker Field site, the Richmond Arena
and the Arthur Ashe, Jr. Athletic Center, such easement to be
granted by a deed of easement in the form attached hereto as
Exhibit A (the Deed of Easement); and
WHEREAS, RMA proposes to finance the design and construction
of the Stadium from the proceeds of its issuance of bonds (the
Stadium Bonds) in an amount not to exceed $5,200,000 and from the
84-451
proceeds of its issuance of short term notes (the Stadium Notes)
in an amount not to exceed $4,500,000, which Stadium Notes will
be payable from rentals of certain areas of the Stadium and from
the contributions of private donors; and
WHEREAS, the principal of and interest on the Stadium Bonds
will be secured by and payable as and when due by draws under a
letter of credit issued for the benefit of RMA by a bank (the
Letter of Credit Bank), and the Letter of Credit Bank shall be
reimbursed by RMA, from the same funds from which the Stadium
Bonds are payable, for each such payment made by the Letter of
Credit Bank pursuant to a reimbursement agreement (the Stadium
Bonds Reimbursement Agreement); and
WHEREAS, RMA expects that the revenues to be derived from
the operation of the Stadium and the Parking Facilities will be
insufficient to (1) pay the Stadium Bonds when due or, if
applicable, pay the Letter of Credit Bank as and when required
under the Stadium Bonds Reimbursement Agreement and (2) pay the
costs and expenses associated with the owning, operating,
maintaining and improving the Stadium; and
WHEREAS, RMA will therefore require the non-binding, but
moral obligation of the Localities to make up any deficits with
respect to the debt service on the Stadium Bonds and if
applicable payments required under the Stadium Bonds
Reimbursement Agreement and to provide financial assistance with
respect to RMA's ownership, operation, maintenance and
improvement of the Stadium; and
WHEREAS, each of the Localities is authorized and empowered
under the provisions of the Act, among other things, to provide
funds to assist RMA in paying the cos~ of any RMA facilities or
undertakings or the operations and maintenance thereof and to
enter into and perform, from time to time, contracts and
agreements with RMA to aid RMA in paying the principal of and
interest on its revenue bonds if, when and as the revenues and
receipts of RMA may be insufficient to pay such principal and
interest when due; and
WHEREAS, the Localities now each desire to create a
non-binding, but moral obligation to assist RMA, on the terms and
conditions hereinafter set forth, with respect to its ownership,
operation, maintenance and improvement of the Stadium as a public
facility and the payment when due of amounts required to be paid
with respect to the Stadium Bonds or pursuant to the Stadium
Bonds Reimbursement Agreement.
NOW, THEREFORE, for and in consideration of the foregoing
premises and the mutual benefits to be derived therefrom and
other good and valuable consideration, the receipt and
sufficiency of which are here~y acknowledged, the parties hereto
agree as follows:
1. RMA hereby accepts the deed of bargain and sale to the
Parker Field site and the Deed of Easement to the Parking
Facilities and agrees to the terms thereof. The Localities
approve (a) the acceptance by ~A of the deed of bargain and sale
to the Parker Field site and the Deed of Easement, and (b) the
construction, ownership, operation and financing of the Stadium
and attendant facilities upon such terms and conditions as RMA
may prescribe from time to time, subject however to the
provisions of all applicable local codes.
2. RMA shall, upon completion of construction of the Stadium
and during such time thereafter as this Agreement may remain in
effect, operate the Stadium or cause the same to be operated as a
revenue producing public facility in an efficient manner and at a
reasonable cost and shall maintain the Stadium or cause the same
to be maintained in good repair and condition in order to
maximize the net revenues and receipts therefrom; provided, that
RMA may elect to discontinue its operation of the Stadium
consistent with the terms and conditions of any resolution or
resolutions or other trust or indenture document or supplement
84-452
thereto authorizing the issuance of the Stadium Bonds or any
refunding bonds with respect thereto (the Resolution).
3. Appropriate representatives of the parties hereto shall meet
annually on or before November 30 of each year during the term of
this Agreement to discuss and consider the operations of the
Stadium, scheduling of events, capital improvements which may be
necessary or desirable with respect to the Stadium, and such
other matters as the parties may deem appropriate. No action
shall be taken with respect to any proposed capital improvement
to the Stadium, nor shall any other proposed action be taken
which would materially decrease the net revenues of RMA with
respect to the Stadium unless the same shall have been agreed to
by RMA and all of the Localities; provided, however, that the
foregoing shall not apply as to any capital improvement or other
action required to be undertaken by the terms of the Resolution
or any lease or use and operating agreement (or any renewal
thereof) with respect to the Stadium or any part thereof in
effect upon the date of completion of construction of the
Stadium.
4. The Authority shall establish a fund (the Contingency Fund)
to be used to pay the costs of any unexpected repairs and
operating expenses and temporary cash flow shortages which occur
with respect to RMA's ownership and operation of the Stadium and
to pay certain costs that may be incurred by RMA under the
Stadium Bonds Reimbursement Agreement. The Contingency Fund is
intended to contain a sum equal to seventy-five per cent (75%) of
the expenses estimated by RMA as of any December 31 to be
incurred by RMA during the following calendar year with respect
to the ownership and operation of the Stadium and with respect to
the Stadium Bonds and the Stadium Notes (exclusive of debt
service thereon) (the Contingency Requirement).
5. (a) On or before December 31 of each calendar year during
the term of this Agreement (beginning with December 31, 1984),
RMA shall prepare and submit to the chief administrative officer
of each of the Localities an estimated budget (the RMA Budget)
with respect to RMA's ownership and operation of the Stadium and
the debt service on its Stadium Bonds or, if applicable, the
amounts required to be paid pursuant to the Stadium Bonds
Reimbursement Agreement. Such RMA Budget shall reflect the
following items for the periods indicated:
(i)
With respect to the next calendar year, an amount equal
to the estimated local admissions or similar taxes that
will be payable with respect to admission tickets sold
for events held at the Stadium during such calendar
year;
(2)
With respect to the next calendar year, an amount equal
to the estimated real property or leasehold taxes, if
any, assessable with respect to the Stadium or any
leasehold interest of all or any part of the Stadium
for such period;
(3)
(4)
With respect to the period beginning July 1 of the next
calendar year and ending June 30 of the following
calendar year, (i) the total principal and interest due
on the Stadium Bonds during such period (the Stadium
Bonds Debt Service) or, (ii) if payment of the Stadium
Bonds shall have been accelerated under the Resolution
and the Letter of Credit Bank shall have paid the same
in full, then the amount due during such period and any
unpaid amount due for prior periods under the Stadium
Bonds Reimbursement Agreement (the Stadium Bonds
Reimbursement Agreement Debt Service);
With respect to the next calendar year, the amount of
the Contingency Requirement and the amount, if any, by
which the Contingency Requirement exceeds the then
current balance in the Contingency Fund (the
Contingency Deficit);
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(5)
With respect to the next calendar year, the amount
required to fund any capital improvements (the Capital
Improvements Amount) agreed to among the Localities and
RMA as provided in paragraph 3 above;
(6)
With respect to the next calendar year, (i) the amount
of gross revenues estimated to be derived from any
lease of all or any portion of the Stadium, other than
the first ten (10) year term of the leases of the
"skyboxes" located in the Stadium, or from any use and
operating agreement with respect to all or any portion
of the Stadium, (ii) the amount of net revenues
estimated to be derived and-retained by RMA from the
Parking Facilities under the Deed of Easement, and
(iii) the total of the amounts referred to in
subparagraphs 5(a) (1) and (2) above which are estimated
to be received by RMA (collectively, Operating
Revenues);
(7)
With respect to the next calendar year, the amount of
the expenses and fees estimated to be incurred by RMA
with respect to its ownership, operation and
maintenance of the Stadium or with respect to the
Stadium Bonds and the Stadium Notes (other than the
principal and interest thereon) (collectively,
Operating Expenses) pursuant to any of the following:
(±)
any lease or use and operating agreement with
respect to all or any part of the Stadium;
(ii) the Resolution;
(iii) the Stadium Bonds Reimbursement Agreement;
(iv)
any other liability of RMA arising from its
ownership, operation or maintenance of the
Stadium.
(b) The amount by which Operating Revenues exceed
Operating Expenses is hereinafter referred to as "Net Operating
Revenues". The amount by which Operating Expenses exceed
Operating Revenues is hereinafter referred to as "Net Operating
Loss". Each RMA Budget shall reflect the amount of Net Operating
Revenues or Net Operating Loss estimated for the next calendar
year.
6. On or before February 1 of each calendar year during
the term of this Agreement, RMA shall make an urgent request of
the Council of Richmond for an appropriation for the upcoming
Governmental Fiscal Year (being July 1 of such calendar year
through June 30 of the follow%ng calendar year) of the sum of the
following amounts taken from t~e most recent RMA Budget:
(a) the amounts described in subparagraphs 5(a) (1)
and (2) above;
(b) One-third (1/3) of the amount of the Stadium Bonds
Debt Service or, if applicable, one-third (1/3) of the amount of
the Stadium Bonds Reimbursement Agreement Debt Service;
(c) One-third (1/3) of the amount of the Contingency
Deficit, if any;
.(d) One-third (1/3) of the Capital Improvements
Amount, if any; and
Loss.
(e)
One-third (1/3) of any estimated Net Operating
84-454
For the purposes of assuring that RMA's annual requests for
appropriations may be considered by Council, the chief
administrative officer of Richmond shall include the sum of the
foregoing amounts in his proposed budgets submitted to Council
for each of the Governmental Fiscal Years during the term of this
Agreement.
7. On or before February 1 of each calendar year during the
term of this Agreement, ~4A shall make an urgent request of the
Board of Supervisors of each of Henrico and Chesterfield for an
appropriation from each for the upcoming Governmental Fiscal Year
of the sum of the following amounts taken from the most recent
RMA Budget:
(a) One-third (1/3) of the amount of the Stadium Bonds
Debt Service or, if applicable, one-third (1/3) of the amount of
the Stadium Bonds Reimbursement Agreement Debt Service;
(b) One-third (1/3) of the amount of the Contingency
Deficit, if any;
(c) One-third (1/3) of the Capital Improvements
Amount, if any; and
(d)
One-third (1/3) of any estimated Net Operating
Loss.
For the purposes of assuring that RMA's annual requests for
appropriations may be considered by their respective Boards of
Supervisors, each of the chief administrative officers of Henrico
and Chesterfield shall include the sum of the foregoing amounts
in his proposed budgets submitted to ~his Board of Supervisors for
each of the Governmental Fiscal Years during the term of this
iAgreement. ~
8. With respect to each Governmental Fiscal Year during
the term of this Agreement, the governing bodies of each of the
IILocalities may, at their respective options, make appropriations
~to fund the amounts included in their respective budgets pursuant
to paragraphs 6 and 7 above; provided, however, that nothing
contained in this paragraph 8 or elsewhere in this Agreement
shall legally bind or legally obligate any of the Localities to
appropriate funds to RMA for the purposes described herein.
9. (a) Each Locality shall pay to RMA the amounts of any
appropriations made pursuant to the provisions of paragraph 8
above at the following times:
(1)
Amounts appropriated by Richmond with respect to
subparagraphs 5(a) (1) and (2): as soon as possible
after July 1 of the Governmental Fiscal Year for
which such appropriation has been made, but not
later than August 1 thereof;
(2)
Amounts appropriated by each of the Localities
with respect to the Stadium Bonds Debt Service
or, if applicable, the Stadium Bonds Reimbursement
Agreement Debt Service during the Governmental
Fiscal Year for which such appropriation has been
made: not later than thirty (30) days prior to the
date on which the relevant payment on the Stadium
Bonds or, if applicable, under the Stadium Bonds
Reimbursement Agreement is due; provided, hoWever,
that with respect to any appropriation so made to
pay the interest on the Stadium Bonds which is due
during the period from January 1 to June 30 of
each year, RMA shall credit to each of the
Localities making such an appropriation one-third
(1/3) of the amount of its Net Operating Revenues
from the prior calendar year with respect to the
Stadium, thereby reducing the actual payment by
each of the Localities making such an
appropriation by the amount of one-third (1/3) of
such Net Operating Revenues;
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(3)
~ounts appropriated by each of the Localities
with respect to the Contingency Deficit: as soon
as possible after July 1 of the Governmental
Fiscal Year for which such appropriation has been
made, but not later than August 1 thereof;
(4)
Amounts appropriated by each of the Localities
with respect to the Capital Improvements Amount or
any estimated Net Operating Loss: as soon as
possible after July 1 of the Governmental Fiscal
Year for which such appropriation has been made,
but not later than August 1 thereof.
(b) RMA shall apply, in accordance with the provisions
of the Resolution and the Stadium Bonds Reimbursement Agreement,
any such funds so appropriated to RMA by the Localities to the
payment of the amounts owing with respect to the Stadium Bonds or
under the Stadium Bonds Reimbursement Agreement, when due or to
the payment of the costs and expenses of owning, operating,
maintaining or improving the Stadium as may be appropriate.
10. Nothing contained in this Agreement shall be or be
deemed to be a lending of the credit of any of the Localities to
the RMA or to any other person. Nor shall anything contained in
this Agreement be or be deemed to be a pledge of the faith and
credit or the taxing power of any of the Localities with respect
to the Stadium Bonds, the Stadium Bonds Reimbursement Agreement,
or the ownership, operation, maintenance or improvement by RMA of
the Stadium.
11. RMA agrees that if, after ~he Stadium Notes have been
paid in full, there remain any contributions from private donors
made with respect to the Stadium, the same shall be applied to
such capital improvements of the Stadium and its attendant
facilities or the Parking Facilities as shall be unanimously
agreed upon among the Localities and the RMA.
12. The benefits of this Agreement shall inure to RMA, to
the trustee under the Resolution as representative of holders of
Stadium Bonds, and to the Letter of Credit Bank under the Stadium
Bonds Reimbursement Agreement. The undertakings of each of the
Localities hereunder are several and are not dependent upon the
agreements or actions of the other Localities.
13. In the case of any conflict between the terms of the
Resolution, the Stadium Bonds Reimbursement Agreement, and any
lease or use and operating agreement (or any renewal thereof)
with respect to the Stadium in effect on the date of completion
of its construction, on the one hand, and the terms of this
Agreement, on the other, the terms of the Resolution, the Stadium
Bonds Reimbursement Agreement, jor any such lease or use and
operating agreement (or any rehewal thereof), as the case may be,
shall prevail; provided, however, that the foregoing shall not in
any way affect this Agreement as a non-binding, but moral
obligation only of the Localities.
14. The provisions of this Agreement are separable, and in
the event any provision hereof is held invalid, the invalidity of
such provision shall not affect the validity of any other
provision hereof.
15. This Agreement shall be of no further force and effect
after the.later to occur of (a) such time as the Stadium Bonds
shall have been paid in full or irrevocably defeased or, if
applicable, the total amount due as debt service under the
Stadium Bonds Reimbursement Agreement shall been paid in full,
and all other amounts payable by RMA under the Resolution and
under the Stadium Bonds Reimbursement Agreement shall have been
paid in full, or (b) such time as.RMA shall have ceased to own,
operate or maintain the Stadium.
84-456
16. This Agreement shall become effective only from and
after the time the Resolution and the Stadium Bonds Reimbursement
Agreement shall have been reviewed and approved on behalf of the
Localities by their respective chief administrative officers,
such approval to be evidenced by the execution of this Agreement
by each such chief administrative officer. The review and
approval of such documents by such chief administrative officers
shall not be construed as binding any of the Localities to the
terms thereof or creating any other obligations except as set
forth in this Agreement.
17. As and to the extent'required by Section 103(k) of the
Internal Revenue Code of 1954, as amended, the governing bodies
of each of the Localities hereby approve the issuance by RMA of
its Stadium Bonds in an amount not to exceed $5,200,000 and of
its Stadium Notes in an amount not to exceed $4,500,000 and
further approve RMA's plan of financing to assist in the
construction of the Stadium.
IN WITNESS WHEREOF, the City of Richmond has caused its name to
be subscribed hereunto by its City Manager and its seal to be
hereto affixed and attested by its City Clerk, they being duly
authorized so to do by Ordinance 9 adopted by the
Council of the City of Richmond, on the day of August, 1984;
and the County of Henrico has caused its name to be subscribed
hereunto by its County Manager and its seal to be hereto affixed
and attested by its Clerk of the Board of Supervisors, they being
duly authorized so to do by Ordinance 9 , adopted by
the Board of Supervisors of the County of Henrico, on the __day
of August, 1984; and the County of Chesterfield has caused its
name to be subscribed hereunto by its County Administrator and
its seal to be hereto affixed and attested by its Deputy Clerk of
the Board of Supervisors, they being duly authorized so to do by
Ordinance 9 , adopted by the Board of Supervisors of
the County of Chesterfield, on the day of August, 1984; and
the Richmond Metropolitan Authority has caused its name to be
subscribed by its General Manager and its seal to be affixed and
attested by its Secretary, they being duly authorized so to do by
the Board of Directors of the Richmond Metropolitan Authority by
resolution adopted on the day of August, 1984.
Vote: Unanimous
On motion of the Board, the following deed of easement was
approved:
DEED OF EASEMENT
This Deed of Easement, made this day of August, 1984, by and
between the City of Richmond, a municipal corporation of the
Commonwealth of Virginia (Richmond), and the Richmond
Metropolitan Authority, a political subdivision and public body
corporate of the Commonwealth of Virginia (RMA).
W I TNE S SETH
WHEREAS, by Chapter 597 of the Acts of Assembly, Session of
1984, RMA was authorized, with the approval of the Council of
Richmond and the Boards of Supervisors of the Counties of Henrico
and Chesterfield, respectively, to acquire land, construct and
own a'baseball stadium of sufficient seating capacity and quality
for the playing of baseball at the level immediately below major
league baseball and to lease such land, stadium and attendant
facilities under such terms and conditions as RMA may prescribe;
and
WHEREAS, by resolutions duly adopted by the Council of
Richmond and the Boards of Supervisors of the Counties of Henrico
and Chesterfield, respectively, RMA has been requested to assist
84-457
in financing the construction and assume responsibility for the
maintenance and operation of a new baseball stadium (the Stadium)
to replace the existing Parker Field structure located at 3001
North Boulevard in the City of Richmond, Virginia; and
WHEREAS, RMA has accepted a conveyance of the Parker Field
site from Richmond by deed of bargain and sale and proposes to
remove the existing Parker Field structure, construct on the site
thereof the Stadium, and own, maintain and operate the same; and
WHEREAS, adequate parking facilities on property adjoining
the Stadium are necessary to the Stadium's successful operation,
and Richmond by its execution of this Deed of Easement desires to
make available to RMA the Property, as hereinafter defined,
adjoining the Stadium and in its immediate vicinity on which RMA
may provide parking facilities for the Stadium; and
WHEREAS, RMA is authorized pursuant to its enabling
legislation, as amended, to provide vehicular parking upon the
request of the Council of Richmond and the Boards of Supervisors
of the Counties of Henrico and Chesterfield; and
WHEREAS, Richmond is desirous of having RMA operate parking
facilities on the Property, as hereinafter defined, for the
benefit not only of the Stadium but also for the benefit of the
Richmond Arena (the Arena) and the Arthur Ashe, Jr. Athletic
Center (the Ashe Center), both of which are adjacent to and share
parking facilities with the Stadium; and
WHEREAS, the City Council of Richmond and the Boards of
Supervisors of Henrico and Chesterfield have, by ordinance,
approved a moral obligation contract relating to the RMA's
ownership and operation of the Stadium to which this Deed of
Easement was appended as an exhibit and pursuant to which the
terms hereof were approved.
NOW, THEREFORE, for and in consideration of the premises and
other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and pursuant to due
authority vested in Richmond under the provisions of Chapter 178,
Acts of Assembly, Session of 1966, as amended, Richmond does
hereby grant and convey unto RMA and its successors the right,
privilege and easement in, to, over and across that certain
property more particularly described on Exhibit A hereto attached
(the Property) for the purpose of providing and operating parking
facilities, directly or through agents or contractors, for use in
connection with RMA's ownership and operation of the Stadium and
for use in connection with events held at the Arena and the Ashe
Center, and together with a non-exclusive easement for ingress
and egress to and from the Property and North Boulevard,
Hermitage Road and Robin Hood Road over roadways now existing or
as hereafter may be relocated or constructed.
The foregoing easement is herein granted and accepted on the
following terms and conditions;
1. The rights, privileges and easements hereby granted
unto RMA and its successors shall continue for so long as RMA or
its successors shall continue to own and operate the Stadium or
cause the same to be operated.
2. With respect to events held at the Stadium, RMA shall
have the exclusive right to set, collect or cause to be
collected,, receive, retain and apply such charges for parking on
the Property in connection therewith as it may deem appropriate.
3. With respect to events held at the Arena or the Ashe
Center, RMA shall remit to Richmond within fifteen (15) days of
the beginning of each calendar month the amount of all parking
revenues collected for parking on the Property in regard to such
84-458
events during the prior calendar month, less the costs incurred
in operating the parking facilities on the Property or causing
the same to be operated for such events during such prior
calendar month. As to any events held at the Arena or the Ashe
Center, RMA shall charge for parking only such amounts as shall
have been approved by Richmond.
4. Should an event held at the Arena or the Ashe Center be
scheduled and held at the same time as an event is held in the
Stadium, Richmond shall be entitled to such portion of the net
parking revenues (after deduction for the payment of any and all
expenses of collection thereof and taking into account any
parking rate differentials between events) collected by RMA in
connection with both or all of such events as the ratio of
attendance at the event held at the Arena or at the Ashe Center
shall bear to the total attendance at the events held on such
date at such two facilities and the Stadium.
5. RMA shall construct no improvements on the Property,
other than improvements related to parking, without the prior
written consent of Richmond.
6. Richmond shall, at its sole expense, be responsible for
the maintenance and upkeep of the Property and any roadways
related thereto providing ingress to and egress from public
roadways and shall keep the property in good repair and suitable
for public parking purposes with respect to events held at the
Stadium, the Richmond Arena and the Ashe Center.
7. Richmond reserves the right to use such portions of the
Property as it may deem appropriate at times not conflicting
with events held at the Stadium, the Arena and the Ashe Center
for employee parking, driver training and such other purposes as
it may deem appropriate and as are not inconsistent with the
rights, privileges and easements herein granted to RMA.
8. RMA shall maintain comprehensive general liability insurance
coverage with respect to its parking operations on the Property,
with policy limits of at least $1,000,000, which shall name
Richmond, its officers, agents and employees as additional
insureds.
Richmond covenants that it is seised of the Property and has the
right to convey the rights, privileges and easements herein
granted and conveyed, that RMA shall have quiet and peaceable
possession, use and enjoyment of the same, and that Richmond will
execute such further assurances thereof as may be required.
IN WITNESS WHEREOF, the City of Richmond has caused its name to
be subscribed hereunto by its City Manager and its corporate seal
to be hereunto affixed and attested by its City Clerk, they being
duly authorized so to do by Ordinance # , adopted by
the Council of the City of Richmond on August , 1984, and the
Richmond Metropolitan Authority has caused its name to be
subscribed hereunto and its corporate seal affixed hereto and
attested by its secretary, they being duly authorized so to do by
resolution of the Board of Directors of the Richmond Metropolitan
Authority adopted on August , 1984.
Vote: Unanimous
9.D. UNITED MEDICAL PLAN AS ALTERNATIVE HEALTH CARE OPTION
Mr. Galusha introduced Mr. Larry Kuggleman, President of the
United Medical Plan of Virginia; Dr. Edward Zakaib, Associate
Medical Director; Mr. Dirk DeLange, Vice President of Marketing;
and Ms. Pat Newton, Account Executive. He stated currently the
County offers two excellent health care programs, one being a
comprehensive major medical program administered by Blue Cross
84-459
and Blue Shield of Virginia which is characterized by a wide
range of health care services with the cost shared by employee
and employer by use of deductibles and co-insurance provisions.
He stated the County also offers PruCare of Richmond which is a
health maintenance organization (HMO) which is a group practice
model characterized by a group of physicians organized under a
clinic or a one roof facility. He stated although we are pleased
with the two existing programs, competition is good and helps
contain these health care costs. He stated staff recommends the
Board approve the United Medical Plan of Virginia as an
alternative health care plan for the employees which is also an
HMO. He stated it differs from PruCare which is a group plan, as
the United Medical Plan of Virginia is an individual practice
association model with the difference, being that the physicians
do not organize under a clinic concept but out of their
individual offices. He stated it is also characterized by the
absence of deductibles and co-insurance provisions. He stated
this plan offers a full range of benefits, is an excellent
program, is well organized, is financially sound and is very
extensive in its service area--Chesterfield, Richmond and the
Petersburg/Hopewell area.
Mr. Dodd inquired if the County diversifies its coverages, will
it limit bargaining with our major carrier. Mr. Hedrick stated
that Blue Cross/Blue Shield is the County's major carrier and the
other alternatives would be chosen by the employees voluntarily.
He stated it should help retain our rate with Blue Cross/Blue
Shield because of the competitive aspect.
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
authorized the County Administration to offer the United Medical
Plan of Virginia as a voluntary health care alternative to the
County employees effective October 1, 1984.
Vote: Unanimous
9.E. FIREWORKS DISPLAY
On motion of Mr. Applegate, seconded by Mr. Dodd, the Board
approved the request for a fireworks display by the Brandermill
Community Association at dusk on September 15, 1984 at Woodlake
across the lake from Brandermill subject to the rules and
regulations of the Chesterfield County Fire Department.
Vote: Unanimous
9.F. COMMUNITY DEVELOPMENT ITEMS
9.F.1. STUDY OF WATER SUPPLY FOR NORTHSIDE OF HAMPTON ROADS
Mr. Muzzy stated that this is~sue of the water supply for the
north side of Hampton Roads h~s been discussed by the Board
previously and the proposed resolution indicates the County's
on-going concerns. He stated the Corps of Engineers completed a
study to supply water to the Northside of Hampton Roads and the
recommended alternative is the James River above Bosher's Dam.
He stated the Corps will hold a public hearing on August 22, 1984
at 7:00 p.m. regarding this matter. He stated the Richmond
Regional Planning District Commission met and approved a
resolution regarding this proposal which basically includes the
County's direction and was supported by the County's
representatives. He stated it is recommended that the Chairman
of the Board present the resolution and that the County solicit
the support of the County's legislative delegation. Mr. Daniel
suggested that the resolution include references to 1981 when the
County assisted the City at a time when their water system was
having problems and this problem could be compounded by drawing
from the James River water supply.
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
adopted the following resolution:
· 84-460
WHEREAS, the U.S. Army Corps of Engineers has completed a
draft report entitled Water Supply Study, Hampton Roads,
Virginia; and
WHEREAS, the selected plan for a water supply for Northside
Hampton Roads is direct withdrawal from the James River above
Richmond; and
WHEREAS, Chesterfield County has consistently expressed
concern about the present and future needs for a safe and
adequate supply of water for all needs; and
WHEREAS, Chesterfield County presented a position statement
adopted by the County Board of Supervisors at a public hearing
held in York County on June 28, 1984; and
WHEREAS, Chesterfield County requested that before any plan
is considered on the source of water for Northside and Southside
Hampton Roads, Virginia, that the total future needs of all
localities that use or may use the water source proposed as a
supply be thoroughly studied and understood; and
WHEREAS, Chesterfield's position further requested the Corps
of Engineers to consider both the Northside and Southside Hampton
Roads issues together as there is the potential for conflicting
water source needs; and
WHEREAS, Chesterfield County feels that water resources must
be considered on an area or larger basis, not just on individual
needs; and
WHEREAS, past experience has shown that problems already
exist within the Richmond area's water supply; and
WHEREAS, the City of Richmond in 1981 experienced problems
when algae in the water necessitated transfer of Chesterfield
County water to the City; and
WHEREAS, additional withdrawal without proper safeguards
could increase the risk of recurring problems; and
WHEREAS, the Richmond Regional Planning District Commission
(RRPDC) met in official session on July 12, 1984, and adopted a
resolution addressing the Northside Hampton Roads issue.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County
Board of Supervisors does hereby request that the total future
needs of all localities that use or may use water sources
proposed as a supply be thoroughly studied and understood before
final recommendations are made; and
BE IT FURTHER RESOLVED that Chesterfield County believes
this study should include both the Northside and Southside
Hampton Roads water issues to address any potential conflicting
water source needs; and
BE IT FURTHER RESOLVED that Chesterfield County supports the
resolution adopted by the RRPDC on July 12, 1984; and
BE IT FURTHER RESOLVED that Chesterfield County appreciates
the Corps of Engineers' consideration of expressed concern as
evidenced by the willingness to hold a public hearing in the
Richmond area.
Vote: Unanimous
Staff was authorized to seek assistance and invite participation
by the Legislative Delegation regarding this matter.
84-461
9.F.2. METROPOLITAN TRANSPORTATION PLANNING ORGANIZATION
On motion of Mrs. Girone, seconded by Mr. Dodd, the Board
nominated Mr. John McCracken as the staff voting member of the
Richmond Area Metropolitan Transportation Planning Organization
with Stanley Balderson, Jr. nominated as the alternative
representing Chesterfield which official appointments will be
made at the August 22, 1984 meeting.
Vote: Unanimous
9.F.3. STREET LIGHT REQUEST
On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved
the installation of a street light at the intersection of Hill
Road and Canasta Drive with any necessary funds to be expended
from the Dale District Street Light Funds.
Vote: Unanimous
9.F.4. STREET NAME .CHANGE
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
changed the name of a portion of Mineola Drive to Eagle Point
Road at the request of the property owners in Chip Chase
Subdivision, Section 1.
Vote: Unanimous
9.F.5, ACQUISITION OF PARK SITE TO SERVE BELLWOOD/BENSLEY AREA
Mr. Hester stated in May, 1983, the Board adopted the
Chesterfield Plan for Public Facilities to be used as a guide for
the County to serve the needs of the residents. He stated
included in that plan was a location for a park site in the
Bensley-Bellwood Area. He stated in July, 1984 the Board
addressed the Capital Improvements Program and included in that
document was the need for a community based, park facility in
this area. He stated this plan also encouraged the acquisition
of areas for park development for future development. He stated
the County has been approached about a site in the area for park
facilities which is 13 acres and could be used for playgrounds,
picnic areas, ballfields, parking, etc. He stated the County. has
also submitted a Community Development Block Grant which has
highlighted this area as an area that is in need of a
neighborhood park and if that grant is approved the County would
be able to develop that facility. He stated that the staff would
like the Board to authorize the Chairman of the Board to execute
this real estate purchase contract for $130,000 for this site.
Mr. Applegate inquired what wo61d happen if the County did not
receive the block grant which includes approximately $100,000 for
a park in the area. Mr. Hester stated it would be included in
future Parks and Recreation Capital Improvements Plan requests.
Mr. Dodd stated the need is here and it is a great need. He
stated this is one of the older areas in the County and the only
park facility available is the Bensley School which is inadequate
and very small. He stated the Block Grant Funds could possibly
fund this project if approved but there are some private funds
which may be donated to the County for some improvements. He
thanked the County Administrator's and County Attorney's offices
for their.assistance in this matter. He also recognized the
people from the Bensley area who were present and stated
appreciation for their support of this project.
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved and authorized the Chairman of the Board to execute a
real estate purchase contract in the amount of $130,000 for the
13 acres of land for a neighborhood park in the Bensley-Bellwood
84-462
area from Sovran Mortgage Corporation and further the Board
transferred $130,000 from the County's General Fund Contingency
Account for this purchase.
Vote: Unanimous
9.G. HIGHWAY ENGINEER
Mr. Bill Newcomb, Asst. Highway Engineer with the Virginia
Department of Highways and Transportation, was present. He
stated the project at Route 1 at Happy Hill and Route 620 has
been completed; Route 1 and Harvey's Market has been marked with
a new turning lane in the roadway in the middle; the project at
Route 1 and Ross Ford has been awarded and construction will
begin within the next week; the Meadowdale and Hopkins Road
project is under construction; the Route 147 project should be
underway by September as the bid has been awarded; and the Route
147 project has been completed where the pipe was installed and
the Department will be overlaying that section with plant mix in
September.
Mr. Dodd stated his appreciation for the improvements on Route 1.
He stated he has been submitting his road concerns to the County
Administrator's office for disposition and review.
Mrs. Girone stated Mr. Tommy Reynolds is working on a safety
problem in Midlothian Village which is a safety project that
would tie into the road going to the High School.
Mr. Applegate stated he was still waiting for the information on
the possibility of a traffic signal at Route 360 and Pocoshock.
Mr. Newcomb stated they have not received a response at this
time.
Mr. Applegate stated he had received a call from neighbors in
Fernbrook. He stated at Route 360 and Fordham Drive, the median
cut is off center and people turning into the subdivision are
being forced to turn to the east of the crossover because people
coming from Fordham going to the west are having to go across and
then make the left turn. He asked that improvements be
investigated for this bad safety problem. Mr. Newcomb stated he
would look into this matter.
9.H. UTILITIES DEPARTMENT
9.H.1. RIGHT OF WAY ITEMS
9.H.l.a. CONDEMNATION FOR RIGHT OF WAY FOR EAST AVENUE
On motion of Mr. Dodd, seconded by Mrs. Girone, the Board
authorized the County Attorney to institute condemnation
proceedings against the following property owners if the amounts
as set opposite their names are not accepted. And be it further
resolved that the County Administrator notify said property
owners by certified mail on August 9, 1984 of the intention of
the County to enter upon and take the property which is to be the
subject of said condemnation proceedings. An emergency existing,
this resolution shall be in full force and effect upon passage
pursuant to Section 15.1-238.1 of the Code of Virginia, 1950, as
amended.
OWNER
AMOUNT
Jordan D. Temple and
Barbara J. Temple
$275.00
Frances S. Gornto
$500.00
Vote: Unanimous
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9.H.l.b. DEED CONVEYING PORTION OF IVES LANE
On motion of Mr. Applegate, seconded by Mrs. Girone, the Board
authorized the Chairman of the Board and County Administrator to
execute a Quitclaim Deed conveying that portion of Ives Lane to
D. R. Bowlin upon certification from the Virginia Department of
Highways and Transportation's Commissioner that the portion of
Ives Lane is no longer necessary for public use.
Vote: Unanimous
9.H.2. CONSENT ITEMS
9.H.2.a. WATER LINE TO SERVE SUNCREST DRIVE
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved and authorized the County Administrator to execute any
necessary documents for Contract No. W84-79B/6(8)4797,
installation of water line to serve Suncrest Drive, for O. D.
Duncanson, Jr., and Sons, in the amount of their low bid of
$19,765.74, based on P.V.C. pipe, and the Board appropriated
$21,740.00 from 567 surplus to 380-1-64797-4393, which includes a
10% contingency.
Vote: Unanimous
9.H.2.b. SEWER CONTRACT FOR CRANBROOK
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved the following contract and authorized the County
Administrator to execute any necessary documents:
Sewer Contract No. S84-119CD/7(8)4195, Cranbrook Subdivision
Developer: George B. Sowers, Jr., & Associates
Contractor: J. Steven Chafin, Inc.
Total Estimated Cost: $38,600.79
Estimated County Cost: 2,498.78 - Cash Refund
Estimated Developer Cost: $36,102.01
No. of Connections: 34
Code: 380-1-74195-7212
And further the Board appropriated $2,498.78 from 574 Surplus to
380-1-74195-7212.
Vote: Unanimous
9.H.2.c. TEMPORARY CONSTRUCTION EASEMENT FOR COXENDALE ROAD
On motion of Mr. Dodd, seconded by Mr. Applegate, the Board
approved and authorized the Chairman of the Board and County
Administrator to execute a construction easement agreement for
the Virginia Department of Highways and Transportation for a
temporary construction easement for improvements along Coxendale
Road (Route 615) at the Seaboard Coastline Railroad tracks.
Vote: Unanimous
Mrs. Girone inquired if there were an ongoing developer sewer
project in a subdivision and there is an area next door of about
15 houses, is it an advantage to add on to a contract or do we
have to go through another bid process. Mr. Welchons stated he
did not feel it proper to add to a developers contract unless it
is understood initially that it would be a joint contract and it
is approved in that fashion. Mrs. Girone inquired if that would
be an advantage generally. Mr. Welchons stated as a general
statement, the larger the project, the lower the units costs are
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to some degree. He stated work in a subdivision vs. work in an
existing subdivision vs. work in a new subdivisions is a
different situation and you could not extend the contract under
the same unit prices unless it was bid as an overall project and
then there could be some advantages. Mrs. Girone referenced the
contract for Sowers, where sewer is being placed in the ground at
a level that would serve 15 houses in the established
neighborhood next door for which 70% have not agreed to connect.
She stated she wondered if there would be a price advantage to do
it at the same time. Mr. Welchons stated the size of the
subdivision and the extension, he doubted there would be a
significant difference in the cost.
9.H.3. REPORTS
Mr. Welchons presented the Board with the developer water and
sewer contacts executed by the County Administrator.
9.I. REPORTS
Mr. Hedrick presented the Board with reports on the Branders
Bridge Water Service, the Wealth of Health, Revenue Sharing
Handicapped~Regulations and the General Fund Contingency.
9.J. EXECUTIVE SESSION
On motion of Mr. Dodd, seconded by Mrs. Girone, the Board went
into Executive Session for consultation with Legal Counsel
regarding Beulah M. Jackson vs. Chesterfield County pursuant to
Section 2.1-344 (a) (3) of the Code of Virginia, 1950, as
amended.
Vote: Unanimous
Reconvening:
10. ADJOURNMENT
On motion of Mr. Dodd, seconded by Mrs. Girone, the Board
adjourned at 8:30 p.m. until 9:00 a.m. on August 22, 1984.
Vote: Unanimous
Richa~d"L. Hedrick
County Administrator
~ar~ G. ~anle!~
Chairman/
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