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11-15-1976 MinutesVIRGINIA: At a regular nmeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on November 15, 1976, at 1:00 p.m. Present: Mr. E. M~rlin O'Neill, C~airman Mrs. Joan Girone, Vice-Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman Mr. Lee O. Falwell, County Administrator Also Present: Mr. RaymDnd Birdsong, Asst. Co. Engineer Mr. John Harnon, Right-of-Way Agent Mrs. Susan H. Heatherly, Secretary Mr. Steve Micas, County Attorney Mr. Pobert Painter, County Engineer Mr. Willis Pope, Right-of-Way Engineer Mr. Charles Quaiff, Supt. of Accts. & P~cords Mr. Michael Ritz, County Planner Mr. Dave Welchons, Asst. Co. Engineer %he Vice-Chairman called the nmeting to order. Mr. E. O. Garner of 8101 Hopkins RDad was present requesting a free sewer oonnection as a settlement for a sewer easement across his property. Mr. Apperson stated his concern was when he brought this matter to. the attention of the Engineering Department, he was told the line was not going across Mr. Garner's property, therefore, he did not pursue %he r~atter further; he was later informmd that the County was in fact on his property and no easenmnt was sought. Mr. Harmc~ stated R. Stuart Toyer had been contacted on the matter and informed the Engineering Depa'.r~_nt that it would not be necessary to acquir~ an easemmnt when the line was being in- stalled; that tL Stuazt t~yyer had performed additional grading and clearing of Mr. Garner,s property when it was determined the line was across his property. Mr. BOOkman stated he felt R. Stuazt Noyer should share som~ of the responsibility in the matter. Mr. Pope stated it was not the Cbumty's policy to give free connections and by doing so in this case, it would be setting a precedent. Mr. Apperson stated there had been sores extenuating circumstances involved in this case and something should be done to correct the problem. After further discussion of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that Mr. Garner be paid $600 for property damages which in turn will be applied to a $600 connection fee on Hopkins Road when sewer is available. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was generally agreed that the Engineering Department would work with Mr. Garner on a drainage problem he is experiencing on his property. M~. Myra A. Campbell was present requesting the extension of a water service line from Rt. 60 to her property on corner of Robious Road and Bcn Air Road behing property owned by On Court Tennis. F~. Campbell also was requesting permission to utilize a private sewage pump station to pump to proposed sewer at Route 60 and Pocono Drive. Mr. Birdsong presented an alternate of installing a 6" line across Rt. 60 to RDbious Road 'across the property owned by On Court Tenruis in lieu of installing a private service line to Ms. Campbell's property. Mr. Birdsong stated the alternate method offered rare advan- tages to Ms. Campbell, incl~ng fire protection. Mr. Birdsong further stated the estimated cost of the project would be $6,220 including the water meter fee, to be paid by the devel- oper° After further discussion, it was agreed that the matter of the water line be deferred until MS. Campbell has a chance to review the situation. After some discussion, it was on notion of Mrs. Girone, seconded by Mr. Bookman, resolved that MS. Campbell was authorized to utilize a private sewage pump station and pump to pro- posed sewer at Route 60 and Pocono Drive. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. J. J. Hanky, Jr. of the JJH Corporation was present requesting refunds of $250 each for 217 lots in Orcharc~ill Subdivision along with $100 each for 180 lots ~wned by Mr. Henry M~yer who will also be served by the 16" off-site water line running up Salem Road to the subdivision, which approximate cost of the line totals $72,000, to be paid by the JJH Cor- poratic~. Mr. Painter stated Mr. Msyer has agreed to the arrangement and after further discussion, it was on notion of Mr. Apperson, seconded by Mr. Bookman, it was resolved the request of the JJH Corporation for refunds through connections totaling $72,250 for Orchardhill Subdivision and property owned by Mr. Msyer was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was here noted by ,' Mr. Micas that the County Ordinance prohibits refunds from connection after five years; therefore, if Mr. Msyer does not develop his property within that time, refunds cannot be allowed. ~he Board recessed to attend a Christmas party at the Department of Social Services sponsored by the Chesterfield-O01onial Heights (kristmas Committee. Be cenvening: Mr. Q,~a~ ff reviewed the Water and Sewer Financial ~eport, a copy of which was filed with the On r~Dtic~ of Mr. Apperson, seconded by Mr. Bookman, it was resolved that the following Water Contracts were approved: 1, W76-81D Bexley-Newquay Lane Alpine Construction O0rporation $ 3,939.00 2. W76- 82D Kenilworth 7,100.00 Stamie E. Lyttie Go., Inc. 3. W76-66D Safeway Store-N, Arch Road Richard L. Crowder Construction, Inc. 13,860.00 4. W76-72D Oourthouse Road to 7-11 Carter-Bell Gorporati~n 5,590.00 5. W76-85D Happy Hill Road Fred W. Barnes Constructic~ ~0. 7,751.00 Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Painter came before the Board with a request from Allied f~emical in Bermuda Hundred for water .service. Mr. Painter stated the Engineering Departwent recon~nded extending the 20" line where it ends at Bermuda Hundred B~ad and Encm Church Road and run it to the Allied fhemical Plant which would cost approximately $375,000. Mr. Myers stated he would like to see water in the area; that eventually water will be needed all the way to Southern Materials. Mr. Bookman stated he would suggest that Engineering go with a proposal that gives the County more of a return monthly with lesser payback against monthly fees. After further discussion of the matter, it was agreed that the Engineering Department nego- tiate with Allied Chemical for the extension of water service. On moticn of Mr. O'Neill, seconded by Mr. Myers, it was resolved that the agreement between the County and the developer of Nash Grove Subdivision for a C~ntral Well System was approved, a copy of which was filed with the Board papers. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. After some discussion, it was on mDticn of Mr. Bookman, seconded by Mr. Apperson, resolved that a water service line be installed from Camborne Road to Mr. M~nefee's property on South Providence Boad and also that a meter be placed in the rear of his property at his expense. Ayes: M~r. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 5here arose a general discussion of water service needs on Dowd Lane. Mr. Bookman stated this project had been hanging for almost a year and would like to knc~ what could be done to relieve the situation. Mrs. Girc~e stated the Board had to come to some kind of agreement on projects of this nature. Mr. O'Neill stated he too has areas in his district which are experiencing problems and thought the Board had agreed to wait to discuss the matters until after the water rate study had been thoroughly discussed and maybe go with a Bevenue Bond Issue later. Mr. O'Neill asked the Engineering Department to get the revenue figures on Dowd Lane and report back to the Board of Decenber 20th with their findings. On motion of Mr. Bookman, seconded by Mr. Myers, it was resolved that the bid for the demolition of the Old Dutch Cap water tank was awarded to H. A. Phillingane for $14,000, to be funded from Account 61-210-215.1. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mrs. Girone, seccnded by ~. Myers, it was resolved that the follpwing Sewer Contracts were approved: 1. S76- 80CD Huntersdale R~ad- Bon Air Terrace Stamie E. Lyttle Gompany, Inc. Developer's Cost- $6,785.75 County's Cbst - t,000.00 (to be refunded through connections ) Code: 73-370-807.1 $ 7,785.75 2. S76-90D Creekwood- Section "C" 59,900.15 Fred W. Barnes Construction Cb. 3. S76-94D Genito Forest- Sections B & C 46,155.70 Alpine Construction Corporation 4. S76-91D Planters Wood - Section "3" 27,252.60 Bookman Construction Company 5. S76-89D Centralia Gardens - Resubd. of Lots 67 & 68 7,015.00 Fred W. Barnes Construction Co. 6. S76-95D Centralia C~rdens - Resubd. of Lots 3 & 4 8,651.50 Shiloh Boad Hawkins & Dettor, Inc. 7. S75-41D Oak Forest Estates - Phase I 34,170.06 James E. Jackson 8. S76-68D 84 Lumber Company - Station Drive 7,293.00 William M. Harman 9. S76-96D Bellwood Road at Seaboard Coastline P~ilroad Tracks 11,000.00 Bass Construction Company, Inc. Ayes: Mr. O'Neill, Mrs. Gir~ne, Mr. Apperson and Mr. Myers. ~he request from Mr. Zane Davis for 25 to 30 sewer connections to the Enon Lagoon between January 1, 1977 and mid 1977 was deferred indefinitely. The request for a reduced connection fee from $600 to $300 for Mrs. Certrude M. Finn of 3017 Kingsdale Road was deferred until Mr. Myers could talk with Mrs. Finn. On m~tion of Mr. Myers, seconded by Mr. Bookman, i~ was resolved that the request of Mr. & Mrs. Louis T. Friend, 3105 Kingsdale Poad, for a reduced sewer connection fee was denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. · On motion of Mr. Myers, seconded by Mr. Bookman, it was resolved that the request of Ms. Carolyn S. Shannon, 12764 Richmond Street, for a reduoed sewer connection fee was denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the County refund through sewer connections $8,823.15 to Pennwood Incorporated for S76-44CD, Pennwood, for the ~Dst of additional rock excavation. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman andMr. Myers. On m~tion of Mr. Apperson, secc~ded by Mr. Myers, it was resolved that a Developer Partici- pation Agreement with the developers of Deerfield for S76-97CD was approved, which agreement provides for the County to install certain sewer lines under Contract S76-2T with the Devel- oper paying $30,815 as his share, %o be credited to Acocunt 77-371-234 with payment to be made as follows: 1. $5,815 to be paid upon e~cution of the Agreement 2. Five equal pa!arent of $5,000 each menth 3. If the cost exceeds the $30,815 figure because of rock, the additional amDunt will be payable within 30 days of completion of the project. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman andMr. Myers. On ration of Mr. Myers, seconded by Mr. Bookman, it was resolved that Sewer Contract 7032-27A, Portion of Chester, was awarded to Fred W. Barnes Construction CO., Inc. in the amount of $148,331.90 to be funded from Account 77-370-234. Ayes: ~. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seccnded by Mrs. Girc~e, it was resolved that Sewer Contract S76-28T, Surreywood-Pocoshock Hills, was awarded to G. L. Howard, Inc. in the amount of $232,210.83 to be fuaded from Account 73-330-234.0 Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. Upon ccmsideration whereof, it was on ration of Mr. Bookman, seconded by Mr. Myers, resolved that the Chairman and Clerk of the Board were authorized to sign a vacation and rededication of an easement across property owned by Cardinal ~ealty Company, A Virginia Corporation. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On m~tion of Mr. Myers, seconded by Mr. Apperson, it was resolvmd that the County Attorney institute condennation proceedings against the property owners listed below if the arapunt offered by the CoLmty as set out opposite their names is not accepted. Be it further resolved that the County Administrator rotify the said property owners by registered mail on Novenber 17, 1976, of the intention of the County to enter upon and take the property which is to be the subject of the said conderalation proceedings. An emergency existing, this resolution shall be, and it was thereby declared in full force and effect imrediately upon passage. Mr. & Mrs. C. Wesley Cunningham 7032-15/14 (to be paid from accost .73-330-224.0) $ 355.00 Ayes: Mr. O'Neill, Mr. Apperson and Mr. Myers. Mr. Myers stated he voted aye with the under- standing that the R/W Department still consider discussing the matter with Mr. Cunningham if he wishes to do so. 'It was on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the Highway Department be requested to take into the State Secondary System roads in the follc~ing subdivisions: Belfai~ Townhouses Concord Subdivision Stuforidge Village, Sect. A Stonehenge, Section E Stonehenge, Section F Olde Coach Village, C-2 BELFAI R TOWNHOI~SES Belfair Driw - Beginnin9 at its intersection with Turner Road (Route 650) northeasterly 0.07 mile to Belrun Road .... Belcourse Road - Beginnin9 at its intersecticn with Belrun Road westerly 0.17 mile thence southwesterly 0.04 mile te Turner Road (Route 650). Belrun Road - Beginning at its intersection with Belfair Drive westerly 0.06 mile to its intersection with Beicourse Road. 0.07 mile 0.21 mile 0.06 mile CONCORD SUBDIVISION Flintlock Drive - Beginning at the Colonial Heights City Limits 0.09 mile northeasterly to a cul-de-sac. 0.09 mile STURBRID~E VILLAGE, SECITON A Sturbridge Drive - Beginning at its intersection with U.S. Route 60 southerly 0.18 mile to its intersection with Trade Road. 0.18 mile S~GE - SECTION E Bronwich Drive - Beginning at its intersection with We~wood Drive southerly 0.14 mile to its intersection with Bronwich Court thence southwesterly 0.09 mile to its intersection with Latane Drive thence westerly 0.08 mile to its intersection with Wex~ood Drive. Wexwood Drive - Beginning at a point 0.04 mile south of its intersection with Bronwich Driv~ northerly 0.04 mile to its intersection with Bro~wich Drive thence northerly 0.15 mile to its intersection with Wex~ood Place thence easterly 0.07 mile to its intersection with Latane Drive thence · easterly 0.08 mile to its intersection with Bronwich Drive thence easterly 0.03 mile to Wexwood Court thence easterly 0.11 mile to State Maintenance. Wex~ood Court - Beginning at its intersection with Wex~ood Drive northerly 0.08 mile to a cul-de-sac. Wex~ood Place - Beginning at its intersection with Wexwood Drive westerly 0.06 mile to a cul-de-sac. Latane Drive - Beginning at its intersection with Wexwood Drive southerly 0.17 mile to its intersection with Bronwich Drive. Bronwid~ Court - Beginning at its intersection with Bronwich Drive easterly 0.06 mile to a cul-de-sac. 0.31 mile 0.52 mile 0.08 mile 0.06 mile 0.17 mile 0.06 mile STONEHII~GE - SECTION F Farnham Drive - Beginning at its intersection with U.S. Route 60 East, north- easterly 0.58 mile to State Maintenance. Huddersfield Drive - Beginning at its intersection with Edenberry Drive southwesterly 0.15 mile to a temporary turnaround. 0.58 mile O. 15 mile OLDE COACH VILLAS, C-II Black Heath RDad - Beginning at its intersection with Old Buckingham RDad (Route 677) southerly 0.05 mile to Corianna Lane thence southerly 0.07 mile to Duckbill Drive thence southerly 0.14 mile to West Petty Road thence southerly 0.11 mile to Warminster Drive thence southerly 0.04 mile to a temporary turnaround. Corianna Lane - Beginning at its intersection with Black Heath RDad westerly 0.16 mile to State Maintenance. Duckbill Drive - Beginning at its intersection with Black Heath Road westerly 0.05 mile to Duckbill Court thence westerly 0.03 mile to State Maintenance. Duckbill Court - Beginning at its intersection with Duckbill Drive southerly 0.06 mile to a cul-de-sac. Warminster Drive - Beginning at its intersection with Black Heath Drive easterly 0.09 mil~ thence northerly 0.08 mile to West Petty Poad thence northerly 0.03 mile to State Maintenance. West 0.02 0.08 mile toa Petty Road - Beginning at its intersection with Black Heath FOad westerly mile to a dead end; frc~ its intersect/on with Black Heath Road easterly mile to its intersection with West Petty Court thence southeasterly 0.05 %o its intersection with Warminster Drive thence southeasterly 0.03 mile dead end. West Petty Court - Beginning at its intersection with West Petty Road southerly 0.03 mile to a cul-de-sac. Ayes: Mr. O'Neill, Mr. Apperson and Mr. Myers. 0.41 mile 0.16 mile 0.08 mile 0.06 mile 0.20 mile 0.18 mile 0.03 mile It was on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that the request by the developer for a n~dification to the Developer Participation Agreement for S75-41CD, Oak Forest-Matoaca Middle Sd~col, which would allow the developer to make the payment of $56,000 to the School Board in installments rather than a lump sum, was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Appersc~ and Mr. Myers. On ration of Mrs. Girone, seccnded by Mr. Apperson, it was resolued that the County accepted the counter-offer of $600 from Mrs. Mary A. Whitlock for a sewer easement across her property at 8053 West Mount Bella Road for Project No. 7032-2B1/5, to be funded from Account 73-330- 224.0. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that a Change Order in the am~t of $4,751.40 for Contract 7032-23A, Johnson Creek Force Main was approved, to be funded frc~ Account 77-371-234. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Boo~ and Mr. Myers. It was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that the Ettrick Baptist Church, be refunded $290.00 for damages caused by sewer backing up into the church basement, to be funded from the Ettrick Sanitazy District Fund. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the following Water Contract was approved: W76-84CD Central Park - Brandywine Avenue $1,560 Developer's Cost - $1,200 County' s Cost - 360 Code: 63-230-234.0 (Sewer Construction Fund) Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Mr. O'Neill requested Mr. Painter determine the public hearing date on the Brion Jensen Water Law and report back to the Board on November 24th. Mr. Ritz came before the Board to discuss the park facilities. Mrs. Girone stated she had approximahely 200 names on petitions supporting tennis courts at Midlothian High School; that rumors were circulating that the courts will not be ready by next year. Mr. Ritz stated they have been designed and are ready fo be bid. Yg. Ritz stated he was requesting authorization to seek bids for recreational facilities at the,parks totaling approximately $210,000 and Board authorization for the School Board to accept the low bid of Encbbock-White of $121,000 for recreation facilities at the new Court- house High School, plus an additional $9,000 (making a total of $130,000) to improve the tennis court fencing and provide better maintenance access to the baseball fields. After some discussion, it was on notion of Mr. Apperson, seconded by Mr. Bookman, resolved that the Planning Department was authorized to seek bids for recreational facilities at the County Parks totaling approximately $210,000 and it was further resolved that the School Board was authorized to accept the bid of Endobock-White of $121,000 plus an additional $9,000 ($130,000 total) for park facilities at the new CourthoUSe High School with the Board reimbursing the School Board for these facilities after their cor~pletion. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone stated the tennis court at Pobious needed to be sealed. Mr. ~ stated he would ~like to have the tennis court at Manchester High School blacktopped. Mr. Ritz stated the schools are responsible for resurfacing the ~ourts and suggested the School Board and Recreation Department get together to discuss needs of the schools. Mr. O'Neill inquired about the condition of Rt. 36 where sewer has been installed. Mr. Welchons stated he had talked with the Highway Department and was told it was up to standards. On motion of Mr. O'Neill, seconded by Mr. Apperson, it was resolved that the following resolu- tion was appro~d: WHEREAS, for many 'years the citizens of Chesterfield County have been concerned about the proliferation of state and federal agencies performing responsibilities already offered at the local level of government and costing the taxpayer millions of dollars; and WHEREAS, the Beard of Supervisors of Chesterfield County has followed with interest the deliberaticns of the Commission on State Covernmental Management and views wiblq alarm several of the recor~endations of the Coranission; NON, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County strongly expresses its dissatisfaction with the following recoranendations of the Cbr~rission on State Governmental Management and urges their elimination from the Con~nission's final report: 1. Separation of the position of Secretary of Conmerce and Resources into a Secretary of Natural Resources and a Secretary of Economic and Agricultural Resources. 2. Transfer of the Rural t%esource Service from the Departr~nt of Agriculture and Con~rerce to the proposed Department of HoUSing and Conmunity Development. 3. Empc~ering the Governor to remove any appointed official "out of step with the Governor' s policy." 4. Enloc~ering the Governor to submit reorganization plans to the General Assembly which are effective unless vetoed by the General Assembly. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell stated there would be a meeting at the Social Services Department with the State Legislators on Thursday, November 18th at ~2:00 p.m. with Mr. Falwell, Mr. O'Neill and Mr. ~pperson attending. Mr. O'Neill informed the Board of a lunchecn meeting with the State Legislators on December 14th at 1:00 p.m. with the place to be decided later. It was decided to set a wozk session between the Board and Engineering Department on the sewer and water rate study at the November 24th Board meeting. It was agreed that the Board would meet November 17th, at 11:30 a.m. at Meadowbrook Country Club for an Executive Session to discUSs personnel matters. Mr. Myers stated that due to the fact that the legality of the sewer escrow account was not clear, he was withdrawing his resignation that was to be effective November 15th at 9:00 p.m. and submitted a letter stating his resignation ~Duld be effective December 22nd at 9:00 p.m. He reserved the right to extend his resignation ?until his major sewer contracts in Fan Court and a portion of Chester had been awarded. Mr. Bookman questioned what Mr. Myers' main concern was and stated he was not speaking for the Board but for himself and felt Mr. Myers would have the assurance of the Board that they would support these projects if escrow mney was available. Mr. Myers stated his main concern was the awarding of Fan Court and a portion of Chester and fully intended to resign after the awards have been made; that if any money is left in the escrow f~d, what is done with it will be up to the Board. 326 It was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the Board adjourned at 7:00 p.m. until November 17th at 11:30 a.m. at Meadowbrook Country Club for an Executive Session meeting to discuss personnel matters. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Lee O. Falwell, Secretary O'Neill, Chairman ' ~