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08-24-1983 MinutesSupervisors in Attendance: Mr. J. Royall Robertson, Chairman Mr. R. Garland Dodd, Vice Chairman Mr. C. L. Bookman Mr. Harry G. Daniel Mrs. Joan Girone Mr. Richard L. Hedrick C~mn-ty Administrator Staff in Attendance: Mr. Stanley Balderson, Dir. of Planning Mr. William Diggs, Real Estate Assessor Chief Robert Eanes, Fire DePartment Mr. Robert Galusha, Dir. of Personnel ~r. James Glazebrook, Asst. Admin. of Nursing Home Mr. Phil Hester, Dir. of Parks and Recreation Mr. Elmer Hodge, Asst. Co. Administrator ~{r. William Howell, Dir. of General Services Dr. B~]rt Lowe, Dir. of Mental Health/Mental Retardation Services Mr. Robert Masden, Dir. of Human Services Mr. Richard McElfish, Env. Engineer Mr. Steve Micas, Co. Attorney Mr. Jeffrey Muzzy, Dir. of Community Develop. Mr. Lane Ramsey, Dir. of Budget and Accounting Mr. David Welchons, Dir. of Utilities Mr. Robertson called the meeting to order at the Courthouse at 10:05 a.m. (EDST). Mr. Dodd gave the invocation. APPROVAL OF MINUTES On motion of Mrs Girone, co~.d~,:.c, bv . Bookman, the Board a'r..'proved the Minutes of August ].0, ~9~'3, . .,. ~ o as amended Ayes: ~4r. Robertsonr Mr. Bookman, Mr. Daniel and Mrs. Girone. Abstention: Mr. Dodd because he was not present at that meetinq. COUNTY ADMiNISTI~ATOR' ~' COM~,~EN~fS Mr. Hodge introduced ~Ir. Wi].liam Diggs, recently employed Real Estate Asses:~or. l~e star-.ed that Mr. Diq~s is from Chesapeake, Virg'ini.~. and is acf~ive in the Vircjinia Association of Assessors and thc: Internatio]'~,al Association c,f Assessors. Mr. Diggs stated his appreciation for the opportunity to werk in Chesterfield. He stated he felt Chesterfield had a lot to offer him and he hoped that he could reciprocate by helping %he County and its citizens. He stated he would welcome the opportunity to meet and talk with the Board at any time. The Board welcomed Mr. Diggs to the County. - 83-438 Mr. Hedrick introduced Mr. J~.m Gibson from the Chesterfield Pilots Association. Mr. Gibson presented a check to Mr. Glazebrook for the Chesterfield Nursing Home in the amount of $1,134.29 on behalf of 'the Pilots Association and a check for $1,200 from Mr. John Greenwood. He stated the Association paid Mr. Greenwood and he has returned the entire amount to the County for a donation to the Nursing Home. He stated these funds were realized from the Airshow held at the County Airport on August 13, 1983 and presented the checks to Mr. Glazebrook. Mr. Glazebrook expressed appreciation to the Pilots Association and Mr. Greenwood for the funds which will be used towards the purchase of a bus for residents at the Nursing Home. He expressed appreciation also to Mr. Tom Callahan for his help in making this gift possible. Mr. William Howell stated there were 3,000 in attendance at the Airshow, 2,000 of which were paying spectators. He stated that the primary purpose of the Airshow was to foster a spirit of cooperation and understanding between the Airport Management, the customers of the Airport and, particularly the citizens of the County. He stated the objective was achieved and the donation to the Nursing Home was especially appreciated. He stated appreciation to the Pilots Association and Mr. Callahan for his leadership. Mr. Glazebrook introduced Mrs. Judy Beach, Nursinq Home Director of Activities, and Mr. Bill G~een; Chairman of the Nursing Home Residents Committee, who were present at the meeting. The Board expressed their gratitude for the fine manner in which the Airshow was carried out and for the donations made. Mr. Hedrick introduced members of the press 'who were present: Ms. Sandy Fowler, temporarily replacJ, ng Jerome Gray with Channel 6; Ms. Virginia Churn; temporarily replacing Paula Squires with the Times Dispatch; Ms. J.B. Haas, WSSV; and Dixie Alexander, WRNL. He stated that he would like to express appreciation for Pam Prouty's fine coverage of Chesterfield County and her cooperation · n working with the County for the past four years as she will be leaving to accept a position with WDVJ TV in the City of Roanoke. The Board and Mr. Hedrick expressed their appreciation to her and her success in her new position. 17. PLANNING FOR BERMUDA HUNDRED Daniel stated he would like ~'o report that zoning cases are inning to come forward in the Bermuda Hundred area, especially case that involves a variety of potential uses from M-1 to ntial. He stated the eastern route of 295 is in this area more such zoning cases will be forthcoming. He stated that Planning Commission on Auqust 23, 1983 voted unanimously to st the Board of Supervisors to instruct staff to have a land plan developed for that area, similar in scope to that for the Jahnke Road area. He s~ated that the Jahnke study may have focused more on traffic but this will have r industrial and residential land use considerations. Mr. stated that the eastern route is ~itally affecting some of residential areas and they are sensitive to this road due to fact that the road is 45 ft. in the air. On motion of the , staff is hereby directed to accomplish necessary steps to a land use plan for the area addressing the eastern or of 295, Bermuda Hundred area. : Unanimous 83-439 18. TAX RELIEF FOR THE ELDERLY, HANDICAPPED, ETC. Mr. Bookman skated it has been several years since the Board has reviewed the tax relief for the elderly, handicapped, etc. and he had received requests that this ordinance be reviewed. He stated that if staff now began reviewing and comparing what other areas are doing and if changes were necessary in the area of net worth, income, etc., then it could be accomplished for January. On motion of the Board, staff was requested to prepare a complete update on the County's program for tax relief for the elderly, handicapped, etc. and present it to the Board in a timely fashion. Vote: Unanimous 3. PUBLIC HEARING REGARDING CABLE T.V. FRANCHISE AGREEMENT Mr. Hedrick stated this date and time was advertised for a public hearing to consider an amendment to the existing Cable Television Franchise Agreement which would delay or eliminate the security system as specified in the agreement. Mr. Hodge introduced Mr. Don Jenson, General Manager of Chesterfield Cablevision. Mr. Jenson stated that they would like to delete the operation of a security system from the agreement. He stated when they proposed the system, they had plans to build the system and make the security system the next major cable service. He stated security has been a great disappointment and has been slowed by problem after problem causing every company proposing security to reevaluate the real possibilities of such a system. He stated some of the major problems which influenced their decision to request the elimination was: The public has very little interest in such a system. When a survey was conducted in Chesterfield only 10% expressed an interest in such a system, the actual subscription would be considerably less and they have not received the first call inquiring about this service. The hardware proposed to handle the system has been plagued by many technical problems. In other areas where they have installed the system, almost 100% of the equipment had to be replaced because of failures and also when the cable goes down, the security is lost. lie stated although there is a back-up system by using the telephone lines, it is expensive and Jt does not make sense to provide a back-up to what shou].d be an operating security system. He stated he felt it would be unreliable and he would not like to install a system that cannot accomplish the task for which it was designed. Such a system would have a severe impact on the financial status of the cable operation. He stated this would cause the majority of the subscribers to subsidize a system for a very few who utilize it. He stated the cable sys~:em is already much larger than originally !anticipated and if th~ security portion were included, they would not be as far ahead as they are. He stated this security system would have a negative impact on the Company to be able to continue to build and maintain the system that they have built in the last four years. He stated when the technology and economics is more reasonable, they may reconsider the security system. He stated there were several who were opposed to the security system being included and at %his point they were right as this was a mistake. If people are not interested, the system cannot support it. He stated there are approximately 45 security companies offering home security systems and people can obtain it without cable providing that service· He stated the cable business is entertainment and he felt they should concentrate on that. He stated they offer a 35 channel system with 33 channels active at this point. Mr. Dodd inquired if the company were to offer any other alternative to the security system. Mr. Jenson stated that they 83-440 are looking at several possibilities at this time, some of them are premium services and others are b~sic services. He listed Nashville Network, a Cable Health Network and a CNN Headline which are basic services as well as a Disney channel and a Playboy channel under the premium service but stated a decision has not yet been made but they plan to add some of these services within the next few months. Mr. Dodd inquired about the installation of underground service. Mr. Jenson stated that they have a construction program in progress now to put in about 55 miles of cable, right now they are installing about 12-13 miles a day and he intends to have it completed before the bad weather. Mrs. Girone inquired about burying cable as there are complaints about it staying on top of the ground and inquired if he had a list of those complaints. Mr. Jenson stated that he did have a list and that most of the new cable is buried but those complaint cases are usually when there is a service call and the cable has to be replaced. He stated the cable is staying on top of the ground longer than he would like but they are in the process of burying the cable but two machines need repair and two more are coming in. Mrs. Girone stated the reason she voted against Storer obtaining the original franchise was because she did not feel the security system was wise. Mr. Daniel stated that recently he had service placed in his home, and.the people~'Wsre very professional, efficient, etc. Mr. Bookman stated that there was some discord about the Board selecting a group of individuals from Chesterfield who had some interest in Storer, but he read an article praising this companv versus the companies in neighboring jurisdictions and he is glad it worked out for the best for the County. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved the reqUest of Chesterfield Cablevision to amended the Franchise Agreement by deleting the requirement for a security system to be provided and offered to the cable company's customers. Vote: Unanimous 4. CHESTERFIELD COUNTY VOLUNTEER PERSONNEL PROGRAM Mr. Masden stated that at this time there is no formalized process for a citizen to volunteer to help the government and the citizens of the County. He stated that this proposal is a very simple system that will help facilitate that. He stated at this time, each department that has a volunteer has to recruit him or the person has to come to them and convince them of their interest, etc. He stated there is no inventory of their skills, talents, no orientation process, etc. He stated they have considered various models around the Country and incorporated ifeatures of each. He stated there is no assessment of interests iand often times the volunteer loses interest in a certain department and leaves rather than seeking something he might be more interested in. He stated sometimes substantive work is not given the volunteers, and the County loses on that account. He stated that he hoped this program would capture all that interest and put it to work. He stated the thrust of this program would be for citizens to help citizens, provide aid to the elderly, provide transportation for the elderly, companion services, telephone reassurance, etc. as they don't have to be here at the County to help. He stated they were also interested in touching on the corporate volunteer efforts and work with them such as the trail donated at the Park by Johnston-Willis Hospital. He stated that they would also like to touch on the student internship at the colleges and universities in the area. He stated there are a number of programs with departments looking for volunteers, such as the CDI program. He stated this program will help facilitate 83-441 and coordinate all of these efforts. He stated 'that a volunteer overseeing the program, is not advisable. He stated that they propose to hire a part-time person who will tie the volunteers to the adminJ~stration. He stated he felt for the $13,000 appropriation, the County should receive about $350,000-$400,000. He stated that if the program is not successful, then July 1, 1984 it could be terminated. Mrs. Girone stated that the key to its success is one paid person who is responsible to make it work such as is done at the hospitals, and other organizations that !use volunteers. Mr. Robertson inqui ~ r~.~ about the fire and police departments. Mr. Masden stated that it would help the departments, because if someone wants to volunteer for one of the departments, the coordinator would send them to that office. Mr. Hedrick stated that this would not adversely impact any of the existing programs and it does have a sunset provision so that it will terminate at the end of the year if it is not cost effective. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board adopted the following resolution: Whereas, Vo].unteerism is a tradition deeply rooted in our American heritage and our form of government encourages an active involvement of the people in their government; and Whereas, ChesterfJ.el~ C©unty and its citizens have a long history of dedicated service to their co~nunity; and Whereas, There are many appropriate roles that citizens may fill as volunteers in their local government, the most important of which is that of citizen helping citizen; and Whereas, Chesterfield County is committed to involving citizens in the activities and programs of government. Now, Therefore Be It Resolved, by the Chesterfield County Board of Supervisors that a volunteer personnel program, with a volunteer coordinator, be established within the Chesterfield County government; and Be It Further Resolved, that an appropriation of $13,500 be designated from the General Fund Contingency to fund this volunteer program for fiscal year 1983-84 and that appropriate evaluations will be made after one year to determine the continuation of this program. Vote: Unanimous 5. REQUESTS FROM SCHOOL BOARD 5.A. AND 5.B. GRANTS FOR IN-SE~fICE AND EMOTIONALLY DISTURBED Mr. Hedrick stated ~epresentatives of the School System were involved in the school opening and would not be present at the meeting. He presented the Board with additional information forwarded from the School Administration. Mrs. Girone stated that this program to place the emotionally disturbed children in residential areas has come before the Board for the third time. She stated that the school system had planned to place this program in a residential neighborhood but have since said they will place it in one of the high schools. She inquired if wording should be placed in the resolution stating that they not place these programs in residential neighborhoods as the public does not want them there. Mr. Daniel stated that the emotionally disturbed program would not be a live in situation but it would be something like the existing program at Byrd. Mrs. Girone stated the School Administration hopes it will turn into a regional program whereby they can attract students from Amelia and Powhatan to come here which is a day situation and is for uncontrolled behavior, etc. Mr. Daniel stated that it is a difficult situation as we have the responsibility to educate those children which has to be weighed against the community response. Mrs. Girone stated that it was suggested that a 83-442 school such as Midlothian High School which is on a highway and is not part of a residential neighborhood would be appropriate. Mr. Daniel inquired what about when the school moves which will be in a heart of a subdivision. He stated the County has taken steps to place schools in subdivisions to be readily accessable but when time comes for the educational process to be expanded one step beyond, then the residents are against it. He stated he was in support of the grant but he felt there would be problems with the location but that special consideration be given to where it is placed. Mrs. Girone stated the old Midlothian High School will be renovated next year so that it will be a middle school and there are little areas which are separated which could be a permanent location for the program. Mr. Bookman stated he did not think the time and effort had been placed in evaluation for the right answers and solutions. He stated there was some time ago mentioned that we might need to build a school/housing facility that could be utilized in total. He stated that he felt something could be built in the area of the Courthouse where other related facilities are located. He stated that his School Board representative was concerned that the right answer be found in addressing how to handle these students. He stated he felt the total message he has received is that we can save some money, but inquired if the County was doing what is right in saving the money. He stated there is some talk about Midlothian High School but when the new High School opens, they will have to be shifted again. He~ stated he did not think this was the right plan of action for this area of need. He stated he would endorse something in the area of trying to build something at the Courthouse in close proximity to the Mental Health/Mental Retardation, Juvenile Detention Home, etc. He stated that the Courthouse is the central location of the County. He stated this is not an overnight program, but something that will grow and inquired if we are prepared to grow with it in the high school. Mr. Dodd stated that this is a program that needs to be looked at and the concerns could be addressed in the motion. He stated he felt the School Board is sensitive to the issues mentioned also. Mr. Bookman stated these are students who have been placed elsewhere because they were not suitable for ordinary schools but we are trying to placed'them back in the normal atmosphere. He stated he did.not feel it had been presented properly. Mr. Daniel.~stated that the Board could adopt a resolution with appropriate wording which indicates the Board wants %o keep abreast of the developments in programs such as this as the Board is concerned with location. Mr. Bookman stated he could support the motion if it includes that a program be considered for a permanent solution in the best interest of those individuals involved. He stated that he felt other locations may have problems other than location of neighborhoods, etc. Mr. Hedrick stated that he and Dr. Sullins had discussed this matter and their recommendation is that given, the whole situation, and the fact that it not only deals with the school problem but also many of the clients are also clients of Social Services, Mental Health, etc. that a joint task force be established to address this issue. He stated the Task Force could be comprised of representatives from the School System, the Board of Supervisors, the Mental Health Board, the Social Services Board, as well as Administrative support staff. He stated that the problem is complex, crosses a number of different County operations and is very sensitive. He stated Dr. Sullins would support this as well. 83-443 Mr. Bookman inquired if this Task Force would be established prior to this program beginning. Mr. Hedrick stated that Dr. Sullins indicated he would support the Task Force but in terms of this grant, he was not sure of the logistics. He stated there is a deadline for these funds and Dr. Sullins has to do something to solve the problem for this fall and the task force could begin after that. Mr. Bookman stated the problem has been ongoing and he did not feel it had to be accomplished immediately. Mrs. Girone stated that there are some children who need to be helped for this session and she felt Dr. Sullins should be allowed to proceed now and then let the Task Force work over the next few months to determine a long term solution. On motion of Mrs. Girone, seconded by Mr. Daniel, the Board: Increased the Schools' operating budget by $12,500.00 for receipts and expenditures which will cover a special education inservice grant recently received from the State Department of Education. Increased the Schools' operating budget by $80,000 for receipts and expenditures which will cover a grant recently received from the State Board of Education for an alternative program for seriously emotionally disturbed secondary students; and further that the Board endorses the formation of a Joint Task Force to address a permanent site in Chesterfield ~or this program with the logistics and membership of the Joint Task Force to be brought back to the Board in a timely fashion subject to Mr. Hedrick and the School System working out the details. Vote: Unanimous 6. CARRY-OVER FUNDS FROM ST. JOSEPH'S VILLA On motion of Mrs. Girone, seconded by Mr. Daniel, the Board appropriated $7,616 from the General Fund balance to the 1983-84 budget year for Social Services which represents the carry-over funds from the termination of the contract agreement for residental services at St. Joseph's Villa and will repair furniture and equipment which was purchased for the program to be kept in good condition for future use. Vote: Unanimous 7. REQUEST FROM CLOVER HILL VOLUNTEER FIRE DEPARTMENT Mr. Daniel inquired if the County Administrator could transfer the funds requested to the Clover Hill Volunteer Fire Department for the purchase of a boat motor. Mr. Micas stated the Board should act on this matter as it could be construed as a charitable contribution which is what the Agenda item indicates. Mr. Bookman stated the Department had purchased a rescue boat for use in the entire County and on Swift Creek but they need assistance for the purchase of a motor. He stated that although Brandermill has a boat readily available to assist in rescue operations, this will aid the entire County as well. He stated further that there was a loss of life on the Lake and the family donated funds towards rescue facilities and he was glad to see the department and Brandermill working together. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the request of the Clover Hill Volunteer Fire Department for a boat motor for their rescue boat in the amount of $1,800 which funds are to be expended from the exis%inq Fire Departmen~ budget and with the understanding that $1,800 ~e reserved from the General Fund contingency should the Fire Department budget fall short because of this action. Vote: Unanimous 83-444 8. AMENDMENTS TO THE COUNTY SUPPLEMENTAL KETIREMENT SYSTEM Mr. Galusha was present and stated the Supreme Court recently changed rulings regarding mortality tables and the County must conform. He stated another amendment would allow those with less than a $20 monthly pension to receive a lump sum cashout. Mr. Galusha introduced Ms. Carol Shaw, representing Shall and Associates, who was present to answer any questions. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board adopted the following resolution amending the County Supplemental Retirement System: Resolved, that Sections 1.02 and 6.05 of the Retirement Plan for Employees of Chesterfield County be amended in accordance with the exhibit attached hereto. Resolved, that the appropriate officers of the County are authorized to take such actions as may be necessary or desirable to assure the continued qualifications of the Plan under the applicable provisions of the Internal Revenue Code and to maintain it in compliance with other applicable laws. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board adopted the following resolution amending the County Supplemental Retirement System:. Resolved, that Section 1.02 of Article I, Definitions, is amended in its entirety, effective August 1, 1983, to read as follows: 1.02. Actuaria.~ Equivalent means, when used in reference to any form of benefit, a form of benefit which has the same actuarial value as the referenced benefit based on the following assumptions: (a) Interest - 6% compounded annually. (b) Mortality - Unisex Pension 1984 Table. Resolved, that Section 6.05 of Article VI, Methods of Retirement Payments is amended effective July 1, 1983, to add the following sentences to the end thereof: I'n the ease a Participant who has'%ermina%ed employment and is entitled to either an immediate or a deferred vested benefit under Article IV or Article V, such benefit not to exceed $20 monthly, then, in lieu of any other benefit from this plan, the trustees may pay such lump sum at any time prior to the date the Participant's benefit is scheduled to commence provided the Participant is then living. Such lump sum shall be the Actuarial Equivalent of the Participant's deferred vested benefit at the date of payment of the lump sum is scheduled to be made. Vote: Unanimous 9. SET PUBLIC HEARING DATE TO CONVEY LEASES AT PARK SITES On motion of Mr. Daniel, seconded by Mr. Bookman, the Board set the date of September 14, 1983 at 10:00 a.m. for a public hearing to consider the conveyance of leases of real property to operate food concessions at Ettrick Park, Chesterfield Courthouse Complex, Harrowgate Park, Matoaca Park and Huguenot Park from September 1, 1983 until December 1, 1983. Vote: Unanimous Mr. Bookman inquired about similar leases for Rockwood Park and Mrs. Girone inquired about Robious Park. Mr. Hester stated were for football season only. Mr. Dodd stated he had a problem at Ecoff Park and requested that Mr. Hester check into the matter. 83-445 Mrs. Girone stated that a women's soccer team from Ireland would be playing Sunday at Huguenot Park and invited those interested to attend. 10. CONSENT ITEMS 10.A. BIDS FOR PAVING BOAT LAUNCH AT APPOMATTOX RIVER On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved the low bid of $11,871.72 from Shoosmith Brothers, Inc. to pave the road at the Appomattox River Boat Launch which funds are available from a grant approved by the Virginia Con~ission of Outdoor Recreation and further the County Administrator was authorized to execute any necessary documents. Vote: Unanimous 10.B. FIREWORKS DISPLAYS BY COUNTY FAIR. ASSOCIATION On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved a permit to stage fireworks displays on September 15, 16 and 17, 1983 by the Chesterfield County Fair Association, Inc. at the County Fair in front of the Grandstand subject to the regulations of the Chesterfield County Fire Department. Vote: Unanimous 10.C. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Scottingham Drive, Fahey Court, Fahey Circle, Partridge Lane and Hann Road in Solar I, Section 3, Clover Hill District. Upon consideration whereof and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Scottingham Drive, Fahey Court, Fahey Circle, Partridge Lane and Hann Road in Solar I, Section 3, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Scottingham Drive, beginning at its intersection with Providence Road, State Route 678, e×tending westerly .12 mile to the intersection of Fahey Court, then west .06 mile to the intersection of Fahey Circle, then northwest .05 mile to the intersection of Partridge Lane; Fahey Court, beginning at its intersection with Scottingham Drive, extending northeast .06 mile to a cul-de-sac; Fahey Circle, beginning ah its intersection with Scottingham Drive, extending northeast .07 mile to a cul-de-sac; Partridge Lane, beginning at its intersection with Scottingham Drive, extending southwest .07 mile to the intersection of Hann Road; Hann Road, beginning at its intersection with Partridge Lane, extending southeast .06 mile to a temporary turnaround and extending northwest .09 mile to a cul-de-sac. These roads serve 61 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads. This section of Solar I is recorded as follows: Section 3, Plat Book 39, Page 4, July 7, 1981. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his 83-446 examination of Thornleigh Road and Corner Rock Road in Roxshire, remaining portion of Section 6 and Section 7, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Thornleigh Road and Corner Rock Road in Roxshire, remaining portion of Section 6 and Section 7, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Thornleigh Road, beginning at intersection with Planters Row Drive, State Route 3187, and going .07 mile northwesterly to intersection with Corner Rock Road; Corner Rock Road, beginning where State maintenance ends, Corner Road Road, State Route 728, and going .30 mile southerly to intersection with Thornleigh Road, then continues .13 mile southerly to a temporary turnaround. These roads serve 34 lots. And be it further resolved~ that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads. These sections of Roxshire are recorded as follows: Section 6, Plat Book 39, Pages 8 and 9, July 10, 1981. Section 7, Plat. Book 42, Pages 19 and 20, December 22, 1982. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Granada Road in Greenfield, a portion of Section D, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Granada Road, Greenfield, a portion of Section D, Midlothian District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Granada Road, under Section 33.1-229 of the Code of Virginia Law, beginning at the intersection of Greenfield Drive, Route 2544, to approximately 260 feet south of Route 2544. This road serves County school Greenfield Elementary and two homes. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. clear right-of-way for this section of Granada Road. All utility companies' facilities within right-of-way limits have been cleared and appropriately handled by Chesterfield County so there will be no cost to the Department of ttighways. And we hereby request that the Virginia Department of Highways and Transportation waive the requirements for a bond and maintenance fee. Granada Road is recorded as follows: Deed Book 15, Page 95, June 27, 1967. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Kingscross Road in Queensmill, remaining portion of Section A and a portion of Section D, Midlothian District. 83-447 Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it ~.s resolved that Kingscross Road in Queensmill, remaining portion of Section A and a portion of Section D, Midlothian District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Kingscross Road, beginning at intersection with Queensgate Road, State Route 1385, and going .21 mile southerly to intersection with Lady Ashley Road, then continues .08 mile southerly to a temporary turnaround. This road serves 12 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for this road. These sections of Queensmill are recorded as follows: Section A, Plat Book 33, Page 8, January 22, 1979. Section D, Plat Book 41, Page 29, July 15, 1982. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Glenpark Lane and Glenpark Circle in Walton Park, a portion of Section H and J-l, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Glenpark Lane and Glenpark Circle in Walton Park, a portion of Section H and Section J-l, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Glenpark Lane, beginning at intersection with Queensgate Road, State Route 1385, and going .06 mile southerly to intersection with Glenpark Circle, then continues .06 mile southerly to a cul-de-sac; G]enpark Circle, beginning at intersection with Glenpark Lane and going .03 mile easterly to a cul-de-sac. These roads serve 15 lots. And be it further resolved, %hah the Board of Supervisors guarantees to the Virginia Department of Highways a 40 ft. right-of-way for all of these roads. These sections of Walton Park are recorded as follows: Section H, Plat Book 35, Page 23, December 6, 1979. Section J-l, Plat Book 41, Page 85, September 24, 1982. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Egan Road and West Road in Belmont Farms and a portion of Belmont Hills West, Section B, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, i% is resolved that Egan Road and West Road in Belmont Farms and a portion of Belmont Hills West, Section B, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Egan Road, beginning at its intersection with Egan Road, State Route 2759, and Manning Road, State Route 2223, extending southerly .06 mile to the 83-448 intersection of West Road; West Road, beginning at its intersection wi~h Egan Road, extending northwest .29 mile to the intersection of Newbys Bridge Road, State Route 651. These roads serve 5 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads. These subdivisions are recorded as follows: Belmont Farms, Plat Book 4, Page 55, ~August, 1925. Belmont Hills West, Section B, Plat Book 32, Pages 8 and 9, September 7, 1978. Vote: Unanimous This day the County Environmental. Engineer, in accordance with directions from this Board, made report in writing upon his examination of Rams View, Ramshorn Road, Woodmont Drive, Fincastle Court, Pegwell Drive, Fawnview Drive, Copperfield Place and Burlwood Court in Ramsgate, Sections 1, 2 and 3, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Dodd, it is resolved that Rams View, Ramshorn Road, Woodmont Drive, Fincastle Court, Pegwe~l Drive, Fawnview Drive, Copperfield Place and Burlwood Court in Ramsgate, Sections 1, 2 and 3, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that %he Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Rams View, beginning at intersection with Old Gun Road East, State Route 673, and going southwesterly .06 mile to intersection with Ramshorn Road; Ramshorn Road, beginning at intersection with Rams View and go~ng .04 mile easterly to a cul-de-sac; Again, Ramshorn Road, beginning at intersection with Rams View and going .10 mile westerly to intersection with Woodmont Dr~.ve, then continues .09 mile westerly to intersection with Fincast!e Court, then road turns and continues .11 mile northerly to intersection with Pegwell Drive, then road turns and continues .25 mile northwesterly to a cul-de-sac; Woodmont Drive, beginning at intersection with Rsmshorn Road and going .07 mile southwesterly to intersection with Copperfield Place, then road turns and continues .16 mile southeasterly to intersection with Burlwood Court, then continues .05 mile southeasterly to intersection with West Huguenot Road, State Route 147; Fincastle Court, beginning at intersection with Ramshorn Road and going .12 mile southwesterly to intersection with Fawnview Drive, then continues .08 mile southwesterly to a cul-de-sac; Pegwell Drive, beginning at intersection with Ramshorn Road and going .09 mile westerly to intersection with Fawnview Drive, then continues .22 mile westerly to a temporary turnaround; Fawnview Drive, beginning at intersection with Pegwell Drive and going .22 mile southeasterly to intersection with Fincastle Court; Copperfield Place, beginning at intersection with WoodmOnt Drive and going .10 mile easterly to a cul-de-sac; Burlwood Court, beginning at intersection with Woodmont Drive and going .06 mile northerly to a cul-de-sac. These roads serve 97 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of these roads except Woodmont Drive, whereby we guarantee a variable 50 ft. to 80 ft. right-of-way. These sections of Ramsgate are recorded as follows: Section 1, Plat Book 32, Pages 86, 87, 88, 89 and 90, December 21, 1978. Section 2, Plat Book 35, Page 71, March 21, 1980. 83-449 Section 3, Plat Book 38, Page 34, March 6, 1981. Vote: Unanimous 10.D. BINGO PERMIT FOR DISABLED AMERICAN VETERANS On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved a special bingo/raffle permit for the A1 Bartraw, Jr., Chapter 50, Disabled American Veterans for calendar year 1983 which special permit allows them to hold bingo each day of the County Fair. Vote: Unanimous 11. APPOINTMENTS ll.A. YOUTH SERVICES COMMISSION On motion of Mr. Dodd, seconded by Mr. Daniel, the Board appointed the following people to the Youth Services Commission as indicated: Mrs. Maureen Hagan, reappointed to represent Midlothian District, whose term is effective immediately and will expire on June 30, 1985; e Mr. Matthew Cushman, appointed to represent Midlothian District, whose term is effective immediately and will expire on June 30, 1984; Mr. W. A. "Yogi" Berger, transferred to Dale District from Clover Hill, filling the unexpired term of Rev. Clarence Jackson which is until June 30~ 1985; e Mr. Jack Lynch, reappointed to represent Clover Hill District, whose term is effective immediately and will expire on June 30, ].985; Rev. Philip Miller, appointed to represent Clover Hill District and whose term is ~he 'unexpired term of Mr. Berger who transferred to Dale District which is until June 30, 1984; Ms. Elisha Long, reappointed to represent Matoaca District whose term. is effective iimmediately and will expire on June 30, 1984; Ms. Wendy Ritz, reappointed to represent Bermuda District whose term is effective immediately and will expire on June 30, 1984; Ms. Casey Waid, appointed to represent Clover Hill District, whose term is effective immediately and will expire on June 30, 1984. It is further reso].ved that Mr. Lou Zapar, currenting representing Dale District and living in Matoaca District, remain in that position until his term expires since there are no adult vacancies in the Matoaca District and since he is ineligible for reappointment as he is a member of the School System. Vote: Unanimous Mr. Daniel suggested that when there is a vacancy in Matoaca District that Mr. Zapar automatically be transferred into that seat. Mr. Micas indicated that the Board should act on that transfer or appointment at the time this vacancy occurs. 83-450 ll.B. APPOMATTOX BASIN INDUSTRIAL DEVELOPMENT CORPORATION On motion of Mr. Dodd, seconded by Mr. Bookman, the Board reappointed the following people to the Appomattox Basin Industrial Development Corporation effective September, 1983, until September, 1984: Mr. J. Royall Robertson Mr. Michael Dubus Mr. George Woodall Mr. William Gill Dr. Fred Nicholas Vote: Unanimous On motion of Mr. Bockman, seconded by Mr. Dodd, the Board accepted the resignation of Mr. R. L. Gayle from the Appomattox Basin Industrial Development Corporation effective August 16, 1983. Vote: Unanimous It was generally agreed Mr. Bookman would submit a name for replacing Mr. Gayle at the next meeting. 12. COMMUNITY DEVELOPMENT ITEMS 12.A. STREET LIGHT REQUESTS-- On mo%ion of Mr. Robertson, seconded by Mr. Dodd, the Board approved the installation of street lights at the intersection of River Road and Beldon Drive and at the intersection of Beldon Drive and Eades Court with any necessary funds to be expended from the Matoaca District Street Light Funds. Vote: Unanimous 12.B. ALLOCATIONS FOR 360/CHIPPENHAM INTERCHANGE TO POWHITE It was generally agreed to defer this matter at this time. 12.C. RENOVATIONS TO BOARD OF SUPERVISORS MEETING ROOM It was generally agreed to defer this matter at this time. 12.D. SETTLEMENT ON PRINTING OF }~ISTORIC SITES BOOK On motion of Mrs. Girone, seconded by Mr. Daniel, the Board approved a settlement of S10,135 to First Impressions for the printing of the historic sites book. Mr. Balderson stated that staff had recommended settlement of $10,135 which is two-thirds of the requested amount from First Impressions. He stated Mr. Roger Habeck, President of First Impressions, wished to address the Board. Mrs. Girone withdrew her motion. Mr. Habeck explained that the $15,750 was strictly out of pocket cost production which he incurred and it did not include a significant amount of administrative time to manage the project or the long period of time which he had to carry the expense. He stated that when there were hold ups, they made the decision to proceed or the book would not be finished today. He discussed other delays with the manuscript, the portions of the manuscript submitted piecemeal, etc. He stated that he understood the delays were not caused by the County but mainly the author, but he did not feel First Impressions should bear this cost. After further discussion, it was on motion of Mrs. Girone, seconded by Mr. Daniel, resolved that the Board authorize a $15,750 increase to the contract with First Impressions for the printing of the Historic Sites Book which funds are to be taken from funds received for the sale of the Historic Sites Book. 83-451 Vote: Unanimous 13. UTILITY ITEMS "i3.A. REPORT OF WATEP AND SEWER FINANCIAL STATUS Mr. Welchons presented the Board with a report of the water and sewer financial status. 13.B. PUBLIC HEARINGS i3.B.1. ORDINANCE TO VACATE A PORTION OF DANIEL STREET Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance vacating a portion of Daniel Street within Chester. There was no one present to discuss this matter. On mote. on of Mr. Dodd, seconded by Mr. Bookman, the Board adopted the following ordinance: An Ordinance to vacate a portion of Daniel Street within Chester, Bermuda Magisterial District, Chesterfield County, Virginia, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 10, at page 18. Whereas, L. Hunter Beazley, Jr. has petitioned the Board of Supervisors of Chesterfield County, Virginia, ~o vacate a portion of Daniel Street within Chester, Bermuda Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book t0, at page 18, made by LaPrade Brothers dated March 19, 1956. The portion of right-of-way petitioned to be vacated is more fully described as follows: A portion of Daniel Street 40 ft. and variable in width within Chester, as shown outlined in red on a plat made by Virginia Survey dated May 20, 1983, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the right of way sought to be vacated and the vacation will not abridge the.rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, the above described portion of Daniel Street is hereby vacated and no longer necessary for public use. The grantee hereby conveys unto the County and the County hereby reserves a 20 ft. sewer easement as shown shaded in green on the attached plat. This Ordinance sh~ll be in full force and effect in accordance with Section 115.1-482 (b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. Since the portion of right of way vacated is located on the periphery of the recorded subdivision plat, this ordinance shall vest fee simple title of the entire right of way in the owners of the abutting lot on the northern side of the 83-452 right of way free and clear of any rights of public use except as hereinabove stated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and L. Hunter Beazley, Jr., or his successors in title, as grantees. Vote: Unanimous 13.D.2. ORDINANCE TO VACATE A PORTION OF GANDY AVENUE Mr. Hedrick stated this date and time had been advertised for a public hearing to consider an ordinance vacating a portion of Gandy Avenue. There was no one present to d~scuss this matter. On motion of Mr. Robertson, seconded by Mr. Bookman, the Board adopted the following ordinance: An Ordinance to vacate a portion of Gandy Avenue withing College Park, Matoaca Magisterial District, Chesterfield County, Virginia, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 14, at page 53. Whereas, William R. McKinley has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of Gandy Avenue within College Park, Matoaca Magisterial District, Chesterfield, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 14, at page 53, made by LaPrade Brothers, Civil Engineers, dated February 10, 1965. The portion of riqht of way petitioned to be vacated is more fully described as follows: A portion of Gandy Avenue within College Park Subdivision, 50 ft. and variable in width as shown outlined in red on a plat made by LaPrade Brothers dated February 10, 1965, a copy of which is attached hereto and made a part of this Ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the portion of right of way sought to be vacated and the vacation will not abridge the rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section ]5.1-482 (b) of the Code of Virginia, 1950, as amended, the above described portion of Gandy Avenue is hereby vacated and no longer necessary for public use. The grantee hereby conveys unto the County and the County hereby reserves a 25 ft. water and sewer easement as shown shared in green on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is .to destroy the force and effect of the recording of the portion of the plat vacated. Since the portion of right of way vacated is located on the periphery of the recorded subdivision plat this ordinance shall vest fee simple title of the entire right of way in the owners of the abutting lot on the western side of the 83-453 right of way free and clear of any rights of public use except as hereinabove stated. Accordingly, this Ordinance shall be indexed in the names of the the County of Chesterfield, as grantor, and William R. McKinley, or their successors in title, as grantees. Vote: Unanimous 13.B.3. ORDINANCE TO VACATE A PORTION OF ORLANDO AVENUE Mr. Hedrick stated this date and time had been advertised to consider an ordinance vacating a .portion of Orlando Avenue. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board adopted the following resolution: An Ordinance to vacate a portion of Orlando Avenue in the Normandale Terrace Sub~ivision, Bermuda Magisterial District, Chesterfield County, Virginia, which portion is fifty (50) feet in width and one hundred and thirty eight (138±) feet, more or less in length, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Deed Book 340, at page 214. Whereas, Dorothy A. Sandridge has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a 50 foot street in Normandale Terrace, Bermuda Magisterial District, Chesterfield, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Deed Book 340, page 214, designated as copy of Blocks 1, 2, and 3, on the plan of Normandale Terrace made by J. Temple Waddell, Incorporated, Certified Civil Engineer, dated November 4, 1929. The street petitioned to be vacated is more fully described as follows: A street of fifty (50) feet in width beginning on the north line of Osborne Road (now Coxendale Road) and running in a northwesterly direction for a distance of one hundred and thirty-eight feet (138±) feet more or ].ess in the location of which is more fully shown outlined in red on a plat made by Virginia Surveys dated January 14, 1974, a copy of which is attached hereto and made a part of this ordinance. Whereas,. notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the street sought to be vacated and the vacation will not abridge the rights of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia~ 1950, as amended, %he aforesaid street be and is hereby vacated and no longer necessary for public use. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ord~[nance pursuant to Section 15.1-483 is to destroy ~he force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the aforementioned street in the property 83-454 owners of the abutting lots of the portion of Orlando Avenue hereby vacated free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and Dorothy A. Sandridge and Fellowship Baptist Church, or their successors in title, as grantees. Vote: Unanimous 13.C. COUNTEROFFER FOR SEWER EASEMENT - WELFORD WIGLESWORTH On motion of Mr. Daniel, seconded by Mr. Bookman, the Board accepted the counteroffer in the amount of $959.00 for a sewer easement across 'the property of the Welford Wiglesworth Estate, S86-35T/Z, Beulah Village. Vote: Unanimous 13.D. CONSENT ITEMS 13.D.1. WATER CONTRACT W83-91CD/6(8)3912, CHERRY STREET On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: W83-91CD/6(8)3912, Cherry Street Depositor: Carlton G. and Margaret W. Golding Contractor: County Forces Estimated Cost: $1,500.00 Actual Cost to Developer: $700.00 Estimated County Cost: $800.00 And further the Board appropriated $800.00 from 563 Surplus to 380-1-63912-4393 and appropriated $700.00 from 566-1-00640-0000 to 380-1-63912-4393. Vote: Unanimous !3.D.2. CONTRACT FOR ETTRICK FORCE MAIN PROTECTION On motion of Mr. Dodd, seconded by Mr. Daniel, the Board awarded and authorized the County Administrator to execute any necessary documents for Richard L. Crowder Construction, Inc. who submitted the low bid of $36,000 for Corttract $83-70C/7(8)3701, Ettrick Force Main Protection, Rip Rap South Island and further the Board transferred $25,000 from 574-1-11730-2651 to 380-1-73701-4393 and appropriated $14,600 from 574 Surplus to 380-1-73701-4393. Vote: Unanimous 13.D.3. C&P TELEPHONE EASEMENT ALONG WHITE BARK TERRACE On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved and authorized the Chairman and County Administrator to execute an agreement conveying a 10 ft. wide C & P Telephone Easement along White Bark Terrace. Vote: Unanimous 13.E. REPORT OF DEVELOPER WATER AND SEWER CONTRACTS Mr. Welchons presented the Board with a report of developer water and sewer contracts executed by the County Administrator. 83-455 14. REPORTS Mr. Hedrick presented the Board with information on the bond issue for constructiOn of Powhite Parkway. Mr. Hedrick inquired when the Board would like to meet with the Volunteer District Fire Chiefs for dinner. It was generally agreed that the Board should be polled for a convenient date. 19. PETITIONS SUBMITTED REGARDING ROAD IMPROVEMENTS Mr. Dodd presented the Board with a petition requesting a traffic light on U. S. No. 1, Jefferson Davis Highway, where Holiday Lane and Perlock Road intersect. He presented a letter indicating a petition would be forthcoming for improvements on Percival Street in Chester as well. Mr. Hedrick stated these materials would be forwarded to the Highway Department for consideration. 20. EXECUTIVE SESSION On motion of Mr. Dodd, seconded by Mrs. Girone, the Board went into Executive Session to discuss the location, acquisition and use of real property for public purposes and personnel matters as permitted by Section 2.].-344 (a) (2) and (1), respectively, of the Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: Mr. Robertson indicated that Mr. Dodd, Vice Chairman, would preside at the meeting this afternoon. Mr. Dodd stated that he is in the mobile home business but not directly related to sales, and requested that any one who might be doing business with his company to please indicate that so that he could excuse himself from the meeting. 15. REQUESTS FOR MOBILE HOME PERMITS 83S108 In Bermuda Magisterial District, Herbert H. and Doris S. Barton requested a Mobile Home Permit to park a mobile home on property which belongs to Lewis Krants. Tax Map 97-4 (2) Central Park, Block 13, Lots 38 and 39, in the vicinity of 10116 Brightwood Road (Sheet 32). Mr. and Mrs. Barton were present. Mr. Dodd stated he had viewed the site for location of a mobile home. He stated that if it was accomplished in the right way, there would be no problems, but if it was not, there would be problems. He inquired if they would object to a two year permit with the understanding that if it is kept properly, it could be renewed. Mr. and Mrs. Barton stated this was acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request for a two year period subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. t No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for 83-456 rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum let size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be p]sced on a permanent foundation. Personal goods and articles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 83SR130 In Bermuda Magisterial District, William Davis requested renewal of a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 67-3 (1) parcel 32 and better known as 7016 Old Plantation Road (Sheet 23). Mr. Davis was present. There was no opposition present. On motion of the Mr. Dodd, seconded by Mr. Daniel, this request was granted for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property° Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. e The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and articles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. 83-457 Vote: Unanimous 83SR131 In Dale Magisterial District, George and Cynthia Orange requested renewal of a Mobile Home Permit to park a mobile home on property which they own. Tax Map 66-4 (1) parcel 13 and better known as 6706 Hopkins Road (Sheet 22). No one was present representing this case. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board deferred this case until later in the day in order to give the applicant time to be present at the meeting. Vote: Unanimous 83S132 In Bermuda Magisterial District, Catherine Shumaker requested a Mobile Home Permit to park a mobile home on property which she owns. Tax Map 97-4 (2) Central Park, Block 8, Lots 1 and 2 and better known as 10041 Beaumont Avenue (Sheet 32). Ms. Shumaker was present and stated she would be living in the ~mobile home.. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request for a five year period subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one {1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and articles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 83S133 In Bermuda Magisterial District, Berrie Wray requested a Mobile Home Permit to park a mobile home on property which she owns. Tax Map 67-10 (3) Rayon Park, Block 7, Lots 11-14 and better known as 7600 Senate Street (Sheet 23). 83-458 Ms. Wray present, ed a letter agreeing to the permit from Mr. Massie, an adjacent property owner. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Robertson, the Board approved this request for a period of five years subject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and articles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permit's from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 83S134 In Bermuda Magisterial District, Shamin, Inc. requested a Mobile Home Permit to park a mobile home on property which it owns. Tax Map 149-8 (1) parcel 36 and better known as 2206 Ruffin Mill Road (Sheet 41/42). Mr. Pramod C. Amin, President of Shamin, Inc., was present and stated he would use the mobile home in conjunction with the Motel which they had just purchased in the area. There was no opposition present. Mr. Dodd stated.that he would like Mr. Amin to contact the adjacent property owners. Mr. Amin stated that he had mailed the notices as most live out of town. On mo~ion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence· 83-459 No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and ar----~icles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 83S135 In Bermuda Magisterial District, Steven C. Morgan requested a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 97-4 (2) Central Park, Block 13, Lots 40-43 and better known as 10110 Brightwood Avenue (Sheet 32). Mr. Morgan was present and he stated he Would be living in the mobile home. There was no one present in opposition. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved this request for a period of five years subject to the following standard conditions: The applicant shall be the owner and occupant of the mobile home. No lot nor parcel may be rented nor leased for use as a mobile home site, nor shall any mobile home be used for rental property. Only one (1) mobile home shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be. located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Personal goods and articles shall not be stored underneath the mobile home. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a permit for a Mobile Home Permit/Special Exception, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of a mobile home permit for a mobile home. Vote: Unanimous 16. REQUESTS FOR REZONING 83S074 In Bermuda Magisterial District, L. H. BEAZLEY, JR. requested 83-460 rezoning from Residential (R-7) to Office Business (O) of a .575 acre parcel fronting approximately ].30 feet on the west line of Lee Street, and located approximately 100 feet north of its intersection with West Hundred Road, and better known as 4507 Lee Street. Tax Map 115-6 (6) Nunnally's Addition, Lot 19 (Sheet 32). Mr. Balderson stated the applicant had requested a 30 day deferral as he could not attend the meeting today. There was no one present regarding this case. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board deferred consideration of this request until September 28, 1983. Vote: Unanimous 82S022 In Clover Hill Magisterial District, PAVELL & COMPANY, LTD. requested rezoning from Agricultural (A) to Residential (R-9) of a 71.79 acre parcel fronting approximately 2100 feet on the south line of West Road and located directly across from its intersection with Egan Road. Tax Map 40-14 (1) Parcels 15, 16, 17, 18 and Part of Parcels 43 and 14 (Sheet 15). Mr. Balderson stated %his case was deferred for 90 days in order for the applicant~to meet ~ith~residents of the area and submit to staff a list of proffered conditions. He stated staff was not aware of any meetings between the developer and the residents and that proffered conditions were submitted this date by the applicant. Mr. Balderson stated this request was forwarded to the Board with no recommendation from the Planning Commission. Mr. Pavell stated that he knew what he wanted to do but he did not know how to do it. He briefly reviewed the history of the case stating that the staff had initially recommended approval to the Planning Commission. He stated the first issue is whether or not to cul-de-sac West Road and most are in accord to do that. He stated that if he proffered to do this, he would be short-changing himself in terms of a second access to develop approximately 100 lots unless he uses the Egan, Manning, West to Turner and West to Newby's Bride as a second access and he does not know if that is possible. He stated that makes him reluctant to cul-de-sac West Road. He stated secondly, he is willing to reduce the scope to construct approximately 75 additional units for a total of'about 150~ units in the area provided again, that a second access from Egan, Manning, West to Turner and to Newbys Bridge Road is available. He stated there is still some confusion as to where this tract should go long term. He stated he had four proposals on how to develop the entire tract and he could review them with the Board. Mr. Dodd stated that the proposals are supposed to be reviewed by the Planning Commission and the Board is to consider zoning and he is not certain the proffers as submitted are in acceptable form to constitute a legal proffer at this time. Mr. Micas stated that there are no legal proffers offered at this time and the Board should consider the zoning and the subdivision would be returned to the Pla~ning Commission for their review. Mr. Bookman inquired if the Board could adopt the plan as presented as a schematic plan. Mr. Micas stated the subdivision issue is the exclusive province of the Planning Commission except on Conditional Use Planned Development. Mr. Bookman inquired if a plot plan had ever been approved as part of the zoDing. Mr. Micas stated not to his knowledge other than Conditional Use Planned Development. Mr. Pavell stated he did not know how to accomplish what he would like to do. When asked what his development plan was, he stated he planned to construct 100 units over the next two years above what is recorded or planned to be recorded which would be a total 83-461 of 150 units. He stated this zoning could consist of 75 units and would be basically all that can be developed. He stated he was confused with some of the legal opinions given today. Mr. Micas stated he had talked about this during the various deferrals, but the issue is that if be had proffered this prior to the Board meeting, which had not been done, it would not obviate or preempt the responsibility of the Planning Commission to determine the lot layout and would be a meaningless proffer. Mr. Bookman inquired if Mr. Pavell would like to begin the process over. Mr. Pavell stated that might be best. Mr. Bookman stated he was surprised that the plot plan could not be part of the zoning as he thought it had been done previously. Mr. Pavell inquired if they proffered to cul-de-sac West Road and the Board approved it, the Planning Co~nission could preempt that and change it. Mr. Micas stated that was correct. Mr. Jim Hayes, representing the applicant, inquired if the Board approved the zoning, and a tentative plan was submitted through the Planning Commission, would it be appropriate for the Board to review that tentative plan and have final action. Mr. Micas stated that State Law says the exclusive body for addressing those questions is the Planning Commission and if there were an appeal it would be through the Circuit Court not the Board of Supervisors; but through a Conditional Use Planned Development the Board could have final approval. Mr. Daniel inquired when this case was first preseDted, was it staff's recommendation that this would be better approached through the Conditional Use Planned Development process. Mr. Balderson stated that staff had no problem with the Residential R-9 but because of the concern of the residents, the Planning Commission and the Board, it was suggested early in the process, that the applicant withdraw or amend his application to seek a Conditional Use Planned Development. Mr. Bookman stated he has tried to work with the citizens to keep West Road from becoming a thoroughfare. }~e skated he feels the construction, etc. of Mr. Pavell is acceptable to the citizens. He stated he would consider Mr. Pavell's withdrawal and have staff work with him to have this resolved in the best manner possible. He inquired if the fees paid could be transferred to the new application. Mr. Micas stated the ordinance does not allow for that. Mr. Pavell inquired if he could amend this request to a Conditional Use Planned Development which would allow his fees to be credited. Mr. Balderson stated that he would have to pay an additional fee and would ]]ave to submit the necessary plans to constitute a completed application. On motion of Mr. Bookman, seconded by Mr. Daniel, resolved that this case be deferred for amendment by the applicant for a Conditional Use Planned Development. Vote: Unanimous Mr. Balderson stated that ~his could not be brought to the Planning Commission until the proper plan and fee has been received. Adjacent property owners were present and inquired what action had been taken. Mr. Micas stated that the case was deferred for presentation to this Board until the applicant has had time to make his application for a Conditional Use Planned Development which means it will go back to the Planning Commission and renotification would be made. Mrs. Girone explained what a Conditional Use Planned Development was to the citizens present. Mr. Daniel stated that is what the community has been asking for. Mr. Bookman requested that this be accomplished in a timely fashion. 83S029 (Amended) In Dale Magisterial District, HALINDA ASSOCIATES requested 83-462 amendments to a previously granted rezoning and Conditional Use Planned Development (Case 81S073) relative to square footage of units and distance to a public road in the Residential Townhouse-for-Sale (R-TH) portion of the development. This tract fronts approximately 1,000 feet on the northeast line of Courthouse Road and located directly across from its intersection with Fallow Drive. Tax Map 79-]5 (1) Part of Parcel 10 (Sheet 22). Mr. Balderson stated the applicant had withdrawn the portions of the request relating to provision of recreation area and schematic approval and the Planning Commission recommended a reduction in the minimum square footage requirements subject to certain conditions and recommended approval of the exception %0 the requirement that the townhouse units have access to a public road by a common right of way within 500 feet subject to a single condition. Mr. Hal Hayes, representing the applicant, was present. He stated they have been discussing this wi'th staff and the Planning Commission since last March trying to resolve all the different issues and did so to the satisfaction of everyone except with regard to the recreational facility. He briefly discussed the access at Courthouse Road and the square footage of the units and stated it will be similar in architectural design to the Briarwood Hearth condominiums and there will be 50 units in the first phase. There was no opposition present. Mr. Daniel expressed his appreciation to Mr. Hayes for working with the staff on this as it seemed easy but got complicated. He s~ated he felt this was a good change. He stated that there was a zoning case last night at the Planning Commission meeting for apartments and they discussed square footage to be competitive. He stated he wanted them to understand what this zoning case was and for them to remain the same as this and not below it. Mrs. Girone discussed the setback at this location which was much better than another development in Midlothian where the terraces overhang the road. Mr. Balderson stated that there are certain requirements for side yards, back yards, etc. Mr. Hayes stated that these would have a 50 natural buffer in back of the townhouses and the construction will not overhang the road. On motion of Mr. Daniel, seconded by Mr. Robertson, the Board approved the reduction of the minimum square footage requirements subject to the following conditions: Ail two (2) bedroom units shall have a minimum of 1,200 square feet of gross floor area and all three (3) bedroom units shall have a minimum of 1,400 square feet of gross floor area. The townhouses shall have an architectural style, as depicted in the renderings prepared by Joseph T. Norris, Architect. And further the Board approved the exception to the requiremen~ that townhouse units have access to a public road by a common right of way within 500 feet, subject to the following condition: This exception shall apply only to the fifty (50) units requested in the layout, as depicted on the revised master plan prepared by Aubrey Featherston, dated June 7, 1983. Vote: Unanimous 83S034 In Clover Hill Magisterial District, JESSE AND JULIE POE requested a Conditional Use to permit a health club in an Agricultural (A) District on a 3.25 acre parcel fronting approximately 650 feet on the east line of Old Hundred Road, and 83-463 located approximately 1,900 feet south of its intersection with Brandermill Parkway. Tax Map 48-13 (1) Part of Parcel 10 (Sheet 13). Mr. Balderson stated the request was forwarded from the Planning Commission with a recommendation for denial. Mr. Hal Hayes was present representing the applicant. He stated there has been no opposition at the Planning Commission meeting and there had been numerous petitions in favor by residents in the area. Mrs. Girone inquired what the difference was between this and the tennis club in the area. She stated that from a land use standpoint they are both recreational in intent and are indoors and she did not understand the difference in that they seem to be compatible. Mr. Balderson stated that the existing facility is part of and predicated on the development plan of Brandermill which involves an access to an arterial road system and is part of the Conditional Use Planned Development for that community. He stated this is a separate commercial development which is isolated along Old Hundred Road and is placed in the middle of a residential neighborhood and has no direct access to a subdivision but rather to Old Hundred Road. He stated it is of a more commercial nature than the facilities located in Brandermill. Mr. Bookman stated the conditions did not state indoor and inquired if that could be inserted. Mr. Hayes stated that there is enough ].a~]d .that there may be a soccer activity or something like that later. He stated it would be buffered in terms of its viewing from Old Hundred Road. Mr. Balderson stated the plan presented was for an indoor facility and anything dealing with outside would require an amendment. Mr. Hayes stated that they have limited this facility to indoor use at this time. Mr. Bookman inquired about the request to have the lights on for one-half hour before opening and after closing. Mr. Hayes stated that this would allow people arriving early and leaving late to see to leave or come to the facility. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved this request subject to the following conditions with the textual statement section 4.b to indicate "after closing" of the facility: The site plan, prepared by Architecture Unlimited, P.C., titled "Splash Aquatic & Recreational Facility," shall be considered'the plan of development. This use and operation shall adhere to the standards specified in the applicants' textual statement. In conjunction with final site plan submission, a landscaping plan for the Old Hundred Road frontage and the thirty (30) fool buffer along the eastern property line shall be submitted to the Planning Department for approval. The eastern buffer shall be landscaped with plantings of sufficient density and height to provide effective screening within two (2) years of installation. The Old Hundred Road frontage shall be landscaped and bermed to minimize the visual monotony of the building facade and parking area. Signs shall not exceed a total aggregate area of forty (40) square feet. Signs shall not exceed a height of five (5) feet. Sign facades shall employ subdued earth-tone colors, compatible with those used for the building. Prior to erection of the signs, a colored rendering shall be submitted to the P]ann~.ng Department for approval. Signs may be illuminated but shall not be luminous. The structure shall have an architectural style, as depicted in the renderings submitted with the application. 83-464 Additional pavement for ingress and egress turning movements shall be constructed along Old Hundred Road to VDH&T specification. This construction shall be completed prio~ to the release of an occupancy permit. The ditch line on Old Hundred ~oad shall be moved back and a new shoulder established, as deemed necessary by VDH&T. This construction shall be completed prior to the release of an occupancy permit. 8. This use shall be limited to indoor activities at this time. Concrete curb and gutter shall be installed in driveways and parking areas, as deemed necessary by Environmental Engineering. 10. The conditions stated above notwithstanding, bulk requirements of the Convenience Business (B-l) District shall be applicable. Vote: Unanimous 83S074 In Bermuda Magisterial District, L.H. BEAZLEY, JR. requested rezoning from Residential (R-7) to Office Business (O) of a .575 acre parcel fronting approximately 130 feet on the west line of Lee Street, and located approximately 100 feet north of its intersection with West Hundred Road, and better known as 4507 Lee Street. Tax Map 115-6 (6) Nunnally's Addition, Lot 19 (Sheet 32). Mr. Beazley was present. Mr. Dodd stated that it was his understanding that Mr. Beazley would not be present and the Board had deferred his case for 30 days. Mr. Beazley stated there was a miscommunication that he had asked that if he did not get to the meeting that it be deferre~ 30 days but that he was planning to try to attend. Mr. Dodd stated that since the case was called, people could have left who were interested and it could not legally be brought back up at this time. Mr. Beazley indicated the deferral was acceptable. Vote: Unanimous 83S086 In Matoaca Magisterial District, C. RICHARD BOGESE, JR. AND JOANN BOGESE requested a Conditional Use to permit a total of three (3) duplexes (6 units) in a Residential (R-7) District on two (2) separate tracts of land. This first tract is a .666 acre parcel fronting approximately 150 feet on the north line of Aldridge Avenue and located approximately 1,400 feet east of its intersection with Jefferson-Davis Highway. Tax Map 163-7 (4) Boulevard Heights, Block A, Lots 16 and 17 {Sheet 49). The second tract is a .333 acre parcel fronting approximately 75 feet on the south line of Aldridge Avenue, and located approximately 1,550 feet east of its intersection with Jefferson-Davis Highway. Tax Map 163-11 (3) Boulevard Heights, Block B, Lot 23 (Sheet 49). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Jeff Collins was present representing the applicant and stated the conditions were acceptable. There was no opposition present. Mr. Dodd inquired if these were the first duplexes on the street. Mr. Balderson stated there were several duplexes in the area. On motion of Mr. Robertson, seconded by Mr. Daniel, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the June 30, 1983 plan by Charles C. Townes and Associates shall be considered the plan of development. 83-465 NOTE: The structure shall have an architectural style similar to that depicted in the elevations entitled: "J.M. Queen" and submitted with the application. The building on Lot 23 shall be set back a minimum of five (5) feet from the western boundary of the sixteen (16) foot drainage easement. This will require changing the size of orientation of %he building. Drainage improvements, as required by the drainage plan previously approved by Environmental Engineering or any other alternative plan acceptable to Environmental Engineering, shall be implemented prior to the release of a building permit. A minimum of two (2) parking spaces for each living unit shall be provided. These spaces shall either be paved or graveled. Vote: Unanimous 83S092 In Dale Magisterial District, W.S. CARNES, INC. presented two (2 requests. The first request is for rezoning from Agricultural (A) to Office Business (0) of a .76 acre parcel fronting approximately 150 feet on Bonniebank Road., also fronting approximately 200 feet on Prestonwood Avenue and located in the northeast quadrant of the intersection of these roads. Tax Map 52-7 (1) Parcel 11 (Sheet 15). The second request is for an amendment to Condition #2 of a previously granted rezoning and Conditional Use Planned Development (Case 83S025) to permit deletion of a required buffer and fence along the western property line of a .686 acre parcel in an Office Business (0) District, fronting approximately 150 feet on the north line of Bonniebank Road and located approximately 150 feet east of its intersection with Prestonwood Avenue. Tax Map 52-8 (1) Part of Parcel 7 (Sheet 15). Mr. Balderson stated the Planning Commission had recommended approval of these requests. Mr. Carnes was present and stated the conditions were acceptable. Mr. Baiderson stated that with regard to one condition concernin~ a buffer strip along the property, the contractor removed the natural buffer and will be required to do some planting. Mr. Carnes stated they did not remove trees but only honeysuckle and briars and a few little pines where the fence is going· Mr. Daniel stated he viewed the site and it was cleared to the degree he had been led to believe. Mr. Carnes stated that he has tried to work with the adjacent property owners to satisfy their concerns. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved this request subject to the following conditions: A thirty (30) foot buffer shall be maintained along the northern property line. The buffer shall be landscaped in accordance with the "Minimum Guidelines for Landscaped Buffers." A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval, in conjunction with site plan review. If parking north of the building or entrances into the north side of the building is desired, a six (6) foot high solid board fence shall be installed along the northern boundary of this buffer. A twenty (20) foot buffer will also be maintained along the western property line, adjacent to Prestonwood Avenue. Thi buffer shall be landscaped in accordance with the "Minimum 83-466 Guidelines for Landscaped Buffers." A landscaping plan depicting this requiremcr~t shall be submitted to the Planning Department for approval, in conjunction with site plan review. And further the Board approved the deletion of the buffer along the western property line of Tax Map 52-8 (1) part of parcel 7 subject to the following condition: The buffer required on the ~orthern property line of Tax Map 52-7 (1) parcel 11 shall be installed prior to the issuance of an occupancy permit for office use on Tax Map 52-8 (1) part of parcel 7. Vote: Unanimous 83S096 In Clover Hill Magisterial District, DAVID W. HELFRICH requested renewal of a previously granted Conditional Use Planned Development Amendment (Cases 74S021 and 82S044) to permit indoor recreational establishments (game rooms) in a Convenience Business (B-l) District. This property fronts approximately 550 feet on Hull Street Road, also fronting approximately 1,200 feet on Old Hundred Road and located in the northeast quadrant of the intersection of these roads. Tax Map 62-6 {2) Village Green, Lots 1, 2, 3, 4, 5, 7, 8, 9, A and B (Sheet 20). Mr. Balderson stated the Planning Commission had recon~ended approval of this request subject to certain conditions and subject to acceptance of the proffered condition by the applicant. There was no one present representing the applicant. There was no one present in opposition. Mr. Bookman stated he was not aware of any problems and it is operating now. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: This facility shall be supervised by an adult during operation. The previous conditions notwithstanding, all bulk requirements of the Convenience Business (B-l) District shall be applicable and all previously imposed conditions of the originally granted Conditional Use for Brandermill which are applicable to B-1 uses shall be adhered to. And subject to acceptance of the following proffered condition: There shall be no alcoholic beverages allowed on, or sold from, the premises. Ayes: Mr. Robertson, Mr. Dodd, Mr. Bookman and Mrs. Girone. Absention: Mr. Daniel because of his basic premise that zoning should not be given if the applicant or his representative is not present %9 request it but his abstention has nothing to do with the actual request. 83S097 In Bermuda Magisterial District, SHAWMUTT ENGINEERING, INC., SHOOSMITH BROS., iNC., KUWR TECHNOLOGY AND GENERAL ELECTRIC, INC. requested a Conditional Use ~o permit the incineration of garbage and refuse for compensation; separation of waste material for transfer and the generation of electricity for sale in a Heavy Industrial (M-3) District on a 36.43 acre parcel fronting approximately 1,050 feet on the east line of Old Stage Road and located approximately 200 feet south of its intersection with Osborne Road. Tax Map 116-4 (1) Parcel 5 (Sheet 32). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Herbert Gill was present representing the applicants. He introduced Mr. Glen Ford, from the Richmond Office of General Electric, Mr. Ted Hill, Marketing from Atlanta of General 83-467 Electric, Mr. Jim Faster from Shawmutt and Mr. Bob Goyne of Shoosmith Brothers. He stated they are interested in locating a transfer recycling plant in Chesterfield. He stated this would present Chesterfield the opportunity to be a leader in the field although there are other similar facilities operating in the Country with some of the components they will be using featured, but this would be the first time the whole mechanism has come into play. He stated that landfills are a thing of the past because of toxic chemicals, etc. He stated there is a natural resource in the garbage bus,ness as there is 4600 BTU's in a pound of trash. }~e stated the trash, sludge and waste will serve a useful purpose and there will be no ill effects on the natural resources. He stated this is a simple operation and stated they were prepared to give a slide presentation at this time. It was generally agreed the Board would not view the slide presentation at this time as it would go into the technical aspects and the Board should deal with the land use consideration at this time. Mr. Dodd stated that people were present who were interested in the impact on air, water, etc. Mr. Gill stated that this will be regulated by the State Water Control Board, the Solid Hazardous Waste Management, the Air Pollution Control Board and the Bureau of Solid Waste and Air Pollution. He stated that other parcels of land were considered, but this parcel is unique and suited for %heir proposal. He stated that major arteries such as Route 10, future Route 288, 1-95 and Route 1 are all conducive to this operation and it is in a heavy industrial area. He stated the industry will 'cost appr~3ximately $125,000,000 producing approximately 77 jobs and approximately $1,000,000 in tax revenue to the County. He stated it will be an inside operation with minimum noise, trash and pollution and it is not an intense use. ~. Ted Hill reviewed the concept of the trash recycling which must be engineered and operated to meet or exceed all State and Federal requirements with regard to air and ground water pollution. He stated this is a closed system from the water standpoint as they anticipate no discharge to the river, the plant water make-up requirements are less than 900 gallons per minute and the discharge is less than 150 gallons per minute with a temperature maximum of 95°. He stated the water treatment regeneration needs is almost at air temperature and will be discharged into the sewer system. He referred to the cooling towers which make up the water system and regeneration system. He stated there will be no adverse environmental impact. He stated the plant will be engineered to optimize waste management, to be very flexible in nature and part of the plant is being retrofitted to accept processed refuse. He stated it is planned to be a good neighbor, is aesthetically pleasing, should be a positive impact on the community and is better waste manage~nent than landfills. Mr. Billy Davenport, representing approximately 15 area residents expressed concerns about the appl.ication to the State Wate~ Control Board and the Air Pollution Control Board, how it will affect the temperature of the water in the River, how many trucks will enter and exit this are~, will there be fly ash, would like to know how the water would be cooled, whether there would be holding ponds, will there be seepage problems, etc. Mr. Thomas H. JohnsoD was present representing himself, his brother, and other persons as trustees of his mother's estate and Gay Ashton Hatcher, all of whom own adajcent property. He stated their major concern is that the application for a Conditional Use permit by the petitioners indicates ownership or option of property fronting approximately 1,050 feet on the eastern line of Old Stage Road. He stated that official records show that he and his brother own all but a small amount of that frontage and he has hired a surveyor to look into this. He stated another concern is the adverse effect on future development of property they own, immediately west of the proposed project and the increased truck traffic and pollution. He requested further that no action be taken that will prevent or limit their obtaining special use permits, rezoning, access to nor encroachment to 83-468 these properties. }]e stated they would like to receive a copy of or have access to the firJal site plan as soon as it is submitted to the County. He stated their names and addresses were submitted to the Planning Commission. Mr. Dodd stated it is understood there is a boundary line dispute and whatever action the Board might take, would go only to the legal property line. He stated the Board could not address the boundary line dispute. Mr. Johnson stated a previous action regarding zoning made h~m cautious as there was considerable encroachment on his property. Mr. Gill stated that it was his understanding from their engineer that the boundary line is correct but it is not their intention to zone property that is not theirs and it cannot be done. He stated that he has been discussing this matter with Mr. Johnson and he plans to show him the site plan, etc. and will continue to work with him. He stated that the applications to the State Water Control Board, etc. have not been submitted but have been initiated. Mr. Hill stated that they have done some preliminary investigation but because of the specifics of the technology they feel they will be able to meet them. He stated that if they cannot meet the requirements, the State will not grant the permits for the operation or construction. Mr. Davenport stated that evidently the applicant knows what the specifications are and what they can do and he stated they were interested in knowing this as well. He ~ed that once the plant is in operation, they will not be shut down. Mrs. Girone inquired if the applicants had met with the area residents. Mr. Hill stated they had not but 'they would welcome the opportunity. He stated this is an emotional item ]out General Electric wants to be a good neighbor. Mrs. Girone stated that she felt a meeting would be helpful. Mr. Dodd stated that he had some real concerns as new ground is being broken in technology and this is new for Chesterfield County. He stated there are only five conditions for this use which concerned him. He stated he felt that he was dealing with honorable people who would do %he right thinq but he felt perhaps a deferral of 60 days might be necessary to address the environmental concerns for the residents. Mr. Hill stated a 60 day deferral was a hardship but felt a 30 day deferral would be more acceptable. He stated to do the engineering work would cost hundreds of thousands of dollars at this time before approval. Mrs. Girone stated that the Boar~has to be concerned with the residents of the County when an outside company plans to construct a something of this nature. Mr. Dodd stated that if the proper conditions are worked out he could support the concept but he is also going to protect the people. Mr. Dodd stated he would meet with the people as well. Mr. Grubbs stated his concerns aZ)out algae, dust, etc. Mr. Gill stated he was concerned that this was the first they heard or saw of any in%crest in the community. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board deferred consideration of this request until September 28, 1983 in order to allow time for all concerned to meet and discuss this matter to clear up the environmental concerns addressed. Vote: Unanimous~ 83S099 In Matoaca Magisterial Distric~, LANCO CORP. requested a Conditional Use to permit mobile home sales and display in a Light Industrial (M-l) District on a 2 acre parcel fronting approximately 170 feet on the west line of Jefferson Davis Highway and located approximately 450 feet north of its 83-469 intersection with Pine Forest Drive. Parcel 1 (Sheet 49). Tax Map 163-7 (1) Part of Mr. Daniel stated for the record that when the applicant came to the Board with a similar request sew~raI months ago, he had disqualified himself as his wife had a client relationship with the applicant. He stated since that time the relationship has been terminated and there is no gain or loss from the outcome of this zoning. He stated he had mentioned this to the Commonwealth's Attorney who indicated under those circumstances he had no conflict. He stated he would be participating in this decision. Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Charles Landon was present representing the applicant. He stated that he is not changing the site at all as the plot plan he submitted indicated, and inquired if he needed to submit a final site plan. Mr. Balderson stated a final site plan. still must be submitted to get occupancy which would show the layout of facilities, access, etc. Mr. Bookman stated he felt this was not proper if there was no changes to the site. Mr. Dodd suggested he receive a temporary occupancy until it was submitted. Mr. Landon stated he had a problem in that if he did not get his sign up by the 30th of the month, he would have to wait another 60 days and he has trailers coming in and some there already. Mr. Balderson stated they would work with him but it would have to be within the requirements of the law. Mr. Landon stated thst he would have to get an engineer to redraw what had already been done and what he thought was all that was necessary. Mr. Dodd stated he felt sometimes there was a communication problem in this area between staff and applicants. Mr. Landon stated one access is acceptable but there are already two there and it would seem that two would be better than one. He stated also he has already ordered his sign with the marque which is larger than the sign approval in the conditions. The Board agreed with the increasing of the sign from 25 square feet to 74% square feet. Mr. Hedrick stated that the question before the Board is the conditional use an~ the site plan would be reviewed by the Planning Department as to details to drainage, entrances, etc. He stated that 'the County still needs to make sure that nothing is done to the site that would have an adverse impact. He stated staff will work with the applicant to expedite this matter. Mr. Landon stated thst he would like to install the sign and if it is not acceptable, he would remove it. He presented a picture of the sign. There was no opposition present. After considerable discussion, it was on motion of Mr. Robertson, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: The following conditions notwithstanding, the site plan submitted with the application, dated June 7, 1983, shall be considered the plan of development. 2. Only one (1) access shall be permitted. e This use shall be granted for ~ period not to exceed three (3) years from date of approval. Renewal of this Conditional Use, if desired, may only be granted after satisfactory reapplication and demonstration that no detriment has occurred as a result of this use. Ail parking and display areas shall be graveled with 21 or 2lA stone. Only one (t) sign shall be permitted. This sign may be either freestanding or attached to the building. This sign shall not exceed twenty-five (25) feet in height or 74% s~uare feet in area. 83-470 The previous conditions notwithstanding, the bulk requirements of the Light Industrial (M-l) Zoning District shall apply. 7. There shall be no temporary signs permitted. Ayes: Mr. Robertson, Mr. Bookman, Mr. Daniel and Mrs. Girone. Absention: Mr. Dodd because this is a potential competitor of his in his private business. 15. MOBILE IIOME REQUESTS 83SR131 In Dale Magisterial District, George and Cynthia Orange requested renewal of a Mobile Home Permit to park a mobile home on property which they own. Tax MaD 66-4 (1) parcel 13 and better known as 6706 Hopkins Road (Sheet 22). The applicant was not present. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board deferred this request until September 28, 1983 with notice %o be sent to the applicant that if they do not appear, they may not receive a favorable ruling. Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adjourned at 4:05 p.m. until 10:00 on September 14, 1983. Vote: Unanimous Rich~d/~. Hedrick County Administrator /YJ Ro~ll Robe~f~on I~hairm~n 83-471