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11-23-77 MinutesSupervisors in Attendance: Mr. E. Merlin O'Neill, Sr., Chairman Mrs. Joan Girone, Vice-Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman Mr. Nicholas M. Meiszer, Co. Admin. Supervisors Absent: Mr. R. Garland Dodd VIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on November 23, 1977, at 9:00 a. Staff in Attendance: Mr. Stanley Balderson,,C~ief, Dev. Review Mr. Raymond Birdsong, Engineer Mrs. Joan Dolezal, Secretary Mr. Richard McElfish, Environmental Engineer Mr. Steve Micas, County Attorney Mr. Robert Painter, Dir. of Utilities Mr. Willis Pope, Right-of-Way Eng. Mr. Charles Quaiff, Supt. of Accts. & Records Mr. David Welchons, Asst. Dir. of Utilities Mr. Lynn Wingfield, Admin. Asst. to Co. Admin. The meeting was called to order by Mrs. Girone at the Courthouse at 9:05 a.m. (EST). The invocation was given by Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, the minutes of November 9th and 17th were approved as amended. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved the following policy to be used by the Utility Department: When requested in writing by the owner, the County will investigate the feasibility of reducing the size meter serving a premise. In making this investigation, the number and type of fixtures being used, the length and size of the service line and other factors will be considered in determining the proper meter size. If it is determined that a smaller size meter can be installed, the County will request a payment of $75.00 in advance to reduce the size of all meters two (2) inches or smaller. Reducing the size of meters larger than two (2) inches will be done at cost. If the investigation reveals that the County specified the wrong size meter ini- tially, the County may waive or adjust the fee required to change the meter. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, Mr. G. W. Butler was granted a one year ex- tension of time of the refund provisions on Contract AC 463 - Cameron Hills. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, the request of Mr. Ernest E. Campbell of 5420 Beulah Road to have a water line extended to serve his property was approved on the condition that he pay $800 and that he will grant the County an easement across his property for future expansion of the water line. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, the request of Mr. William C. Bailey for extension of a water line to serve six residences on Stagpenn Road in Deerfield Subdivision at an estimated cost of $6,900 was approved. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, the Utility Department was authorized to abolish the special reserve in the Sewer Improvement, Replacement and Extension Fund '(S73). Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Welchons stated they had compiled a list of alternatives and costs for the developers of Genito Forest to provide sewer service for three lots but the developers feel the cost of the alternatives are too high. Mr. Welchons stated the developers, would like to install the private pumps and force mains for these three dwellings but further advised that the Utility Department recommended denial because the only relief for these pumps would be an expenditure of approxi- mately $5,000 by the County per lot. Mr. Patterson was present and stated he felt the private individual pumps was the only way to proceed. After further consideration of this matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Bookman left the room because of a possible conflict of interest. On motion of Mrs. Girone, seconded by.Mr. Apperson, the following sewer contract was approved: S77-88CD Grand Summit--Onsite and offsite Developer: Grand Summit, Inc. Contractor: Bookman Construction Company County Cost: $11,297.00 Fund: 573-11781-8071 $ 69,761.25 Ayes: Mr. O'Neill, Mrs. Girone and Mr. Apperson. Mr. Bookman returned to the meeting. On motion of encumbrances S76~2T 2. 7032-15 Mr. Apperson, seconded by Mr. Bookman, Central Accounting was authorized to adjust as follows: SEWER Deerfield Pump Station Supplemental appropriation in the amount of $1,615.01 for installation of under- ground power service from 377-34325-0380 to 380-72000-2340. Hamtin Creek Trunk Sewer (A) Transfer the encumbrance of $154,316.56 from Federal Aid projects to Bermuda Escrow from 380-74000-2540 to 380-73000-2340. (B) Release thm~ needed (C) Release engineering is more than'needed to complete the contract. 573-11781-2290. of encumbrance in the amount of $32,459.44. Encumbrance amount if more to complete construction. From 380-74000-2340 to 573-1178]-2340. of encumbra5ce in the amount of $1,760.93. Encumbered amount for From 380-74000-2290 to 3. 7032-28 4. S76-16T 5. S76-28T Subd. A 6, S76-93T Ampthill Gardens - Project Complete Release of encumbrances, $2,001.39 from 380-77000-2340 to 573-11781-2540 and $180.57 from 380-77000-2290 to 573-11781-2290. State Police Outfall - Project Complete Release of encumbrances, $1,387.17 from 380-77000-2340 to 573-11781-2340 and $75.19 from 380-77000-2290 to.573-11781-2290. Surreywood Supplemental Appropriation for engineering services in the amount of $487.64. S73-34324-0380 to 380-77000-2290. From Sewer Extension to VFW on Route 1 Supplemental appropriation for additional construction cost and engineering cost, $288.41 from 573-34324-0380 to 380-77000-2340 and $15.64 from 573-34324-0380 to 380-77000-2290. Summary Release of Encumbrances Supplemental Appropriations Net Release of Encumbrances $37,792.69 - 2,406.70 $35,385.99 1.' 7734 2. W77-37C Summary WATER Rockwood Pump Station - Project Complete Supplemental appropriation for engineering services in the amount of $100.00 from 563-35521-0380 to 380-61000-2290. Shawonodasee Road~ Project Complete Release of encumbrances in the amount of $145.72 from 380-61000-2340 to 563-11681-234 Ayes: Release of encumbrances Supplemental appropriation Net Release of Encumbrances $ 145.72 100.00 $ 45.72 Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. It was generally agreed to delay the awarding of Contract S77-22CD for the installation of sewer to serve the RoUte 60/Robious Road area until later in the day. On motion of Mrs. Girone, seconded by Mr. Bookman, the request from Mr. G. L. Rasnick for a $300.0( connection fee for his property at 201 Old Ber~kKia Hundred Road was deferred until December 14th. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Bookman, the County Administrator was authorized to sign the following deeds of dedication and dead, of right-of-way acceptingthem on behalf of the County: Viola C. Thomas & Theodore Thomas (husband and wife) Map Section 135-7 (Bermuda District) 2. Vance-Barker Building Corporation, A Virginia Corporation Map Section 163 (Matoaca District) 3. Charles E. Wood & Mary Carter Wood (husband and wife) Project No. DD77-02/4. (Bermuda District) 4. Morris E. Mason, Trustee 14 acres, Powhatan County Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Pope explained that Mr. David Freeman received approval of a payment in the amount of $5,000 for damages to his dam at the previous meeting with the stipulation that his dam be repaired with the money given 'for such damages, that he has sold his home and is now requesting that the money be paid to himwithout stipulation because he has sold his property for $5,000 less. After consideration of the matter, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that Mr. David E. and Margie M. Freeman of Daman Acres be awarded $3,000 from the Brandermill Sewer Acquisition Fund for possible damages to their dam and subject to receipt of the executed easement agreement by the new owner; noteholders and trustees and release for any future claims by the Freemans and the current owners. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr.. Painter presented the Board with a list of developer contracts approved and executed by Mr. Meiszer'during the past two weeks. On motion of Mr. Bookman, seconded by Mrs. Girone, the request of Davisco, Inc. for a 12 day extension of time on'Contract 7032-25B, Johnson Creek Pump Station was approved because of bad weather and delay in receiving materials. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Painter advised the Board that the County received from EPA an additional $124,930 in a grant as a pick up from other grants which the County has previously completed. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board authorized the County Administrator to proceed with remodeling the fair buildings for administrative offices as per the letter from Carlton, Taylor and Clark dated November 11, 1977. Ayesl Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded'by Mr. Bookman, the contract for alterations to the office building for use by Social Services was awarded to W. M. Saunders Construction Company who sub- mitted the low bid of $58,000.00 with an alternate of -$600.00. Ayes: Mr. O'Neill,. Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mr. Bookman, the Circuit Court Judges were requested to appoint' Messrs. George G. Fisher and Jeffrey C. Picchi as Police Officers effective January 1, 1978. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Bookman, the Fire Chief was authorized to negotiate a sale for six pieces of apparatus with identification numbers F75FU271255, C55COU21021, F85PU270914, 83944588, C759U566882 and C75FU-241457 because the Board determined that it is not feabisle to sell such equipment at public auction. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Bookman, seconded by Mrs. Girone, a game claim from Mrs. Blanch J. Lewis for for the destruction of five fowl was approved in the amount of $13.00 and a game claim from Mrs. Charles I. Thomas for the destruction of one duck was approved in the amount of $4..00, which amounts were recommended by the State Agricultural Department. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Bookman, the following erroneous tax claims were ap- proved for payment: Omery A. Gephart Herman M. & Virginia C. $ 1.44 Sawyer 1.44. Carl R. Hansen, Jr. Ayes: Erroneous Assessment for 1977 Personal Property Erroneous Assessment for 1977 Personal Property Erroneous Assessment for 1977 Personal Property Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 22.40 On motion of Mrs. Girone, seconded by Mr. Apperson, the revised policy and application forms for issuing bingo and/or raffle permits was approved as recommended by the County Attorney. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mrs. Girone, bingo and/or raffle permits were renewed for Mid-Cities Civic Association and the Bellwood Elementary P.T.A. until December 31, 1977. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Meiszer presented the Board with the School Board's response to the proposed agreement for use of the school facilities for recreational programs. Mr. Micas stated the two major differ- ences were that 1. There would be no guarantee of a schedule and 2. The School Board would not agree to a scheduled maintenance so as to minimize any adverse effect on recreational programs. Mrs. Girone stated that people are looking toward the use of school facilities for recreational programs because they, as taxpayers, are paying for the schools. She added further that with the declining enrollments, which are anticipated for Chesterfield County in 1985 according to the State Department of Education, people will be looking to use the facilities and not let them be useless, that these facilities with the proper organized programs, etc. could help curb delinquency, and further that it is usual to have contracts like this between the jurisdictiOn and its school system and if the schools feel they need more flexibility, it can be built in. It was generally agreed that further discussion of this matter be deferred. On motion of Mr. Apperson, seconded by Mr. Bookman, the following resolution was adopted: Whereas, E. I. DuPont De Nemours & Company, Inc. presently located on Route 656, Bellwood Road will expand its plant by~ FY 1978-79; and ' Whereas, Said company has indicated to the County that information required by the Highway 'Department to qualify for Industrial Access Funds soon will be provided by said company. Now, Therefore, Be It Resolved that this Board requests the Highway Department to improve with Industrial Access Funds Route 656, Bellwood Road, from Route 1-301 to the DuPont property, a distance of 1.59 miles. And Further Be It Resolved that this Board will guarantee the Commonwealth of Virginia an unre- stricted right-of-way of 50 feet and adjustment of all utilities. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Apperson, seconded by Mrs. Girone, the following resolution was adopted: Whereas, the Board of Supervisors is desirous of cooperating with the Department of Highways and 'Transportation inproviding an adequate network of primary roads within Chesterfield County to serve the needs of the residents of the County; and Whereas~ the timely completion 'of the proposed Route 288 within Chesterfield County is essential in order to meet the current and future transportation requirements of the County and the metro- politan area; and Whereas, designation of the portion of Route 288 from Route 360 to the Chesterfield-Henrico County boundary as a principal arterial on the 1985 highway functional classification system and addition of that protion of the road within the federal aid system will facilitate constructi( of the highway and insure adequate maintenance at the least possible cost to the taxpayers of Virginia. Now, Therefore, Be It Resolved that the Board of Supervisors of Chesterfield County approves the addition of the 9.9 mile section of proposed State Route 288 in rural Chesterfield to the "other principal arterials" rural classification system as shown on the attached map; And Be It Further Resolved that the Board of Supervisors of Chesterfield County approves the addition of such section of State Route 288 to the federal aid primary system. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Bookman, the Department of Highways and Transportation was requested to accept Chinaberry Drive in Chesterfield Village into the State Secondary System of Roads. CHESTERFIELD VILLAGE Chinaberry Drive - beginning at its intersection with Midlothian Turnpike (U.S. Route 60) northerly .13 mile to its intersection Lingstorm Lane thence northerly .23 mile to its intersection with Marbrett Drive thence northerly .16 mile to its inter- section with Bannockbarn Lane thence northerly .02 mile to a dead end. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 0.54 mile On motion of Mrs. Girone, seconded by Mr. Apperson, that portion of Jahnke Road lying on the west side of Buford Road was renamed Brown Summit Road in Midlothian Magisterial District which was requested by a petition from the residents of Jahnke Road. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mrs. Girone, seconded by Mr. Apperson, Mr. Stanley Balderson was appointed Interim Director of Community Development effective November 23, 1977. ~Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. There was some discussion regarding a complaint from Mrs. Kline Hill concerning the Animal Control Department. Mr. Meiszer stated after investigating the situation, he felt County employees acted properly. Mr. Bookman discussed possibly staffing the Animal Control Department half a day on Saturdays, not charging the fee on weekends when no one is available to release the dogs, etc. Mrs. Girone stated she had not received any complaints regardin~ these matters. It was generally agreed that the complaint from Mrs. Hill should be investigated further by Mr. Meiszer and brought back to the Board if it was felt the fee should be reimbursed. Mr. Meiszer stated a letter had been sent by the Highway Safety Commissionregarding a sidewalk in the area of the Central Library on Lori Road. The Board acknowledged receipt of this letter and stated their appreciation for the Highway Safety Commission notifying them of the situation. Mr. Meiszer informed the Board that the roads in Greenfield, Sections A and I have been formally accepted by the Virginia Department of Highways and Transportation into the State Secondary System of Roads effective Nov. 1, 1977. 0.12 milo 0.12 mile 0.10 mile Mr. O'Neill inquired about the recommendation not to install traffic control lights in Ettrick. Mr. Covington stated a study had been made, the recommendation was not to install the lights and it was felt the people were a little impatient. Mr. O'Neill stated he could not see why Virginia could not install lights that work at certain hours and not at others, as is done in other states. Mr. John Burgess of the Fair Association was present and requested a time to meet and discuss with the Board the situation of the fair buildings being renovated for office space. Mrs. Girone stated that she had written Mr. Baicey a letter telling him of the County's plans for the fair buildings to be renovated for office space. Mr. Burgess stated the Fair Association needed to be located close to the grandstand, etc. because they are drawing cards for the fair. It w~s generally agreed that Mr. M~iszer should meet with the Fair Association to discuss alternatives for the Fair. Mr. Burgess thanked the Board for its support and consideration of the County Fair. On motion of Mrs. Girone, seconded by Mr. Apperson, the following savings and loan associations, selected by the County Treasurer were approved as depositories for funds received by him for the County of Chesterfield: Capital Savings and Loan Association Citizens Savings and Loan Association Colonial Savings and Loan Association ~First Federal Savings and Loan Association of Petersburg Franklin Federal Savings and Loan.of Richmond Heritage Savings and Loan Association Lincoln Savings and Loan Association Pioneer Federal Savings and Loan Association Richmond Federal Savings and Loan Association Security Federal Savings and Loan Association Virginia Federal Savings and Loan Association Virginia Mutual Savings and Loan Association Said sel.ection and'approval being in accordance with Section 58-943 of the 1950 Code of Virginia as amended. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Meiszer presented the Board with a copy of the latest financial report for the Nursing Home and the Chesterifield County Airport. Mr. Meiszer stated he had investigated the possibility of installing telephones in the parks which because the phone company did not anticipate regular use would be about $3,000 a year for four u~its. He stated it could be reduced to approximately $1,600 if the County would buy its own units and pay for maintenance. There was no action taken on this matter. Mr. O'Neill stated the Board should consider names for appointment to the Economic Development Council at the December 14th meeting because the Council will hold a meeting on December 16th at 4:00 p.m. He added the County should pay its dues by that date, that informally the Chairman would be Mr. Henry Marsh, the Vice Chairman would be Mr. Merlin O'Neill, the Screening Committee for the Executive Director would be the Chairman, Vice Chairman and the Secretary-Treasurer, the Operating Committee would be the Chief Administrative Officers from each jurisdiction, etc. Messrs. Jack Owens and Bill Moore were suggested as possible appointees. It was generally agreed that both men would make good selections but Mr. Moore was probably too busy. It was generally agreed that Mr. O'Neill should contact Mr. Owens to see if he would agree. On motion of Mr. Apperson, seconded by Mr. Bookman, it was resolved that this Board go into Executive Session to discuss legal matters with counsel. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Reconvening: Mr. Bookman left the meeting because of a possible conflict of interest. The matter of awarding Sewer Contract S77-22CD for the installation of sewer to serve the Route 6£ Robious Road area again was discussed. Mr. Welchons stated he had talked with the State Water Control Board and they will agree to have Top Proker connect to the lagoon if additional mainte- nance work will be accomplished. Mr. Welchons suggested that the Board defer this matter until December 14th and let the people connect so that they can have their opening on December 14th. Mr. Micas stated there was no way the Board could promise to do something in the future without doing it at this time. Two gentlemen, representing the Top Porker, stated they would like the contract awarded at this time. Mr. Morris Mason, representing Stamie E. Lyttle, was present and voiced an objection to the Board awarding this contract to the Showalter Company when they had previously withdrawn their low bid, forfeited their bond and had resubmitted another bid for the same contract. He stated Mr. Lyttle had given suggestions after the first bid opening which Showalter took advantage of and resubmitted another bid which was still lower than those of other contractors after having the opportunity to review all the facts a second time. He added this violated the spirit of bidding and felt that Showalter was not the lowest responsible bidder. Mr. Micas stated a forfeiture and a withdrawal were not the same thing. Mr. Lyttle stated he had been in the construction business for 30 years and he has never seen this done anywhere, it would be a first for Chesterfield and he can figure out alot of way~ to get jobs if this is. approved. Mr. Welchons stated the State Water Control Board knows the contract will be awarded but they had agreed to a lesser time period than six or seven months but feels they will accept a little longe~ time frame. After further discussion of the matter, it was generally agreed that this matter be deferred until later this date and that Mr. Welchons should again contact the State Water Control Board concerning this matter. Mr. Bookman returned to the meeting. Mrl Mike Fiore, a representative of the Weston Environmental Consultants, was present to discuss the Solid Waste Management/Resource Recovery Plan prepared by his agency for Chesterfield, Rich- mond and Henrico. He gave a brief outline of the history behind the preparation'of this plan, the market development, the costs involved, how the program would be implemented, the need for this type of pr6gram in Chesterfield and the surrounding jurisdictions, how the refuse would be collected, transported and disposed of, the alternatives that were available, etc. He gave some examples of successful operations around the Country and stated some of the attempts have failed because they lacked the proper location and adequate financing. He also stated a regional refuse authority would be best for this area because all would share the risks, costs, benefits, etc. Mr. O'Neill stated he felt something like this should not be decided until the annexation situa- tion has been concluded. Mr. Fiore stated this could be done as a single purpose authority. Mr. Apperson asked several questions'involving an aluminum market, who would take care of material that would be hard to handle, etc. Mr. Fiore stated he did not know what the quality would be of the aluminum' that could be processed and that as far as the hard to handle material, that would have to be negotiated between parties. Mrs. Girone suggested that Mr. Fiore might want to present a report to the Planning District Commission on this matter. The Board generally agreed not to take any action at 'this time and thanked Mr. Fiore for his presentation. Mr. Meiszer stated this time and date had been set for a public hearing regarding musical or entertainment festivals. There was no one in the audience present to speak to this matter. Mr. Bookman stated he had some question regarding whose judgment it would be if the applicants complied or not. Mrs. Girone stated this'was just a beginning since there is not an ordinance of any type on the books and it may have to be amended later. There being no further discussion of this matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the following ordinance be adopted: "An Ordinance to amend Chapter 4 of the Code of Chesterfield County, 1975, as amended, by adding Article III relating generally to musical or entertainment festivals." Article III. Musical or Entertainment Festivals. ~4-16. §4-17. §4-18. §4-19. §4-20. §4-21. §4-22. [4-23. §4-24. §4-25. §4-26. Purpose. Musical or entertainment fesitval defined. Permits--Required; applications; issuance. Same--Denial; Modifications or amendments to applications. Same--Contents of application. Same--Application fee. Same--Deposit for police protection, traffic control and fire protection. Same--Revocation. Bond. Construction of this article. Violations, penalties. Sec. 4-16. Purpose. The purpose of this article is to protect the public health, safety and welfare of county citizens.by providing reasonalbe regulation for the conducting of musical or entertainment festivals within this county. Sec. 4-17. Musical or. entertainmentfestival defined. "Musical or entertainment festival" as used in this article shall mean any gathering of ,groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of, but not limited to, musical renditions conducted in open spaces not within a permanent enclosed structure. Sec. 4-18. Permits--Required; applications; issuance. (a) It shall be unlawful to stage, promote, or conduct a musical or entertainment festival within this county unless there shall have been first obtained from the board of supervisors an entertainment permit for each such festival. (b) Application for an entertainment permit shall be made in writing and shall be filed in duplicate with the county administrator at least sixty days prior to the date of such festival. Each application shall have attached thereto and made a part thereof the plans, statements, and other documents required by this article. (c) The board shall act on such application within thirty days of the filing of the same and shall not issue an entertainment permit unless the requirements of this article are met. Each permit issued shall be issued in writing and mailed by the county administrator to the ap- plicant at the address indicated in the application. Failure of the board to take action on an application within thirty days after the filing thereof shall be deemed an approval of such application. Sec. 4-19. Same--Denial; Modifications or amendments to applications. The board may either refuse to issue an entertainment permit or may require an applicant to modify or amend plans submitted with the application if the hoard determines that such 'plans are inadequate to protect the health, safety and welfare of the citizens of this county. Each denial of a permit and the reasons therefore shall be in writing and mailed by the county administrator %0 the applicant at the address indicated in the application. Sec. 4-20. Same--Contents of application. Each application for an entertainment permit shall include the following plans, statements, and other documents: (a) A statement of the name and address of the applicant of the festival and a statement of the nature and interest of the applicant in the.festival; (b) A statement of the name and address of each promoter of the festival, each financial sponsor of the festival, and every person or group who will perform at such festival; Cc) A statement specifying the dates and location of the festival and the time period durin which the festival will be held; (d) A s{atement of the location of the property upon which the festival will be held, the name and address of the owner of the property on which said festival is to be held; (e) A copy of the ticket or badge of admission to said festival, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to attend the fesitval; (f) A plan for adequate Sanitation facilities and a plan for'disposal of garbage, trash and sewage generated by the persons who will attend the fesitval. Such plan shall include provisions for removal from the festival area of garbage and trash at the end of the festival and shall include the names of the persons responsible therefore; (g) A plan for providing food, water, and lodging, where applicable, for persons who will attend the festival; (h) A plan designating the provisions for medical facilities which shall be available for persons who will attend the festival; (i) A plan designating the provisions for fire protection which shall be available for persons who will attend the festival; (j) A plan desingating the provisions for adequate parking facilities, crowd control, and traffic control in and adjacent to the festival area. The chief of police shall review such plan and shall be.the sole judge of the adequacy thereof; (k) A statement spicifying whether any outdoor lights or lighting will be utilized and, if such lights will be utilized, a plan which designates the location of such lights and further designates the location and type of devices or other equipment intended to shield the lights and to prevent unreasonable glow beyond the property upon which the fesitval will be located: (1) A statement, signed by the applicant, certifying that the applicant shall comply with sections 1S-7 through 1S-9 of this code and that music shall be played, either by mechanical device or by live performance, in such a manner that the sound emanating thereform shall not be audible beyond the property upon which the fesitval will be located so as to constitu%e a nuisance to adjacent property owners; (m) A plan for adequate security to protect against personal injury of the persons attending the festival and to further protect against property damage of any private and public property. Such plan shall specify the amounts and types of insurance which shall be obtained by the appli- cant, sponsors, or promoters to insure against such injury or damage. Each such insurance policy shall name the county as coinsured where the festival will be held on public property. Certificates of insurance naming the county as coinsured shall be delivered to the county administrator at least fourteen (14) days prior to the musical or entertainment festival. The chief of police shall review such plan and shall be the sole judge of the adequacy thereof; (n) A statement signed by the applicant and property owner which authorizes the board, its alwful 'agents, or law enforcement officers to enter upon the property upon which the festival will be held at any time prior to or during the festival for the purpose of determining compli- ance with the provisions of this article or any state and local statutes, ordinances, and regu- lations; and, (o) A check in the amount of the application fee required pursuant to this article. Sec. 4-21. Same--Application fee. An entertainment permit application fee of one hundred dollars shall be paid to the county when the application for an entertainment permit is filed with the county administrator. Sec. 4-22. Same--Deposit for police protection, traffic control, and fire protection. As a condition to issuance of an entertainment permit, the board shall require the applicant to deposit with the county treasurer a sum of money to pay for the cost of additional county services occasioned by the festival which services shall be necessary to meet the requirements of the plans and statements contained in the application. The actual cost of such additional services shall be paid to the county out of the deposit and the difference, if any, shall be refunded to the applicant within seven (7) days after the festival. Such additional county ser- vices shall mean any additional county personnel in excess of those available to the musical and entertainment festival which are necessary to protect the health, safety and welfare of the citizens of this county and may include but shall not be limited to: additional police officers necessary for crowd control, traffic control and parking; additional firefighters necessary for fire protection during the festival; and, any additional medical or sanitation officers necessary to protect the health, safety, and welfare of the persons attending the festival. Sec. 4-23. Same--Revocation. The board shall have the right to revoke any permit issued pursuant to this article for failure to comply with any of its requirements. Sec. 4-24. Bond. After issuance of an entertainment permit by the Board and fourteen (14) days prior to com- 77S049 77S187 Road. Tax Map I71-Z (1) parcel 4 (Sh~ 47). 77S18S (1) parcel 4 (Skeet 53/54), 77S202 Tax Map 65 10 (1) Parcel 1 (Sheet 22). 77S203 In Midlothian Magisterial District, Gene Williams and Douglas Farr requested rezoning from Residential (R-40) to Residential (R-25) District of a 96.36 acre parcel located approximately 200 feet west of Old Gun Road and lying along the west line of the City-County boundary. Tax Map 9-2 {1) parcel 1 (Sheet 3). Mr.'John.Smart, attorney for the applicants, stated that leaving the front portion of the property R-40 and rezoning the remaining area to R-25 would be more than compatible with the area, that the soil reports indicate the land is suitable for foundations and that the only feasible way to develop this property would be to rezone it to R-25. Another gentleman was present and stated they would widen the road tO 32' of pavement in lieu of the 18' that currently exists, the homes will be 2,000 sq. ft. minimum and will range in price from $80,000-$115,000. He added 50% of the surrounding properties are less than R-25, this is the only feasible way to develop the land, the land is not productive for trees or farming, etc. Mr. F~ed Gray, representing the opposition, stated this land was set up as R-40 at the request of the owners some 20 years ago and nothing has happened to the land since the Board restricted it. He introduced 40 people present in the audience who live in the area nad'who were opposed to the rezoning. He stated further that out of the 120 owners in the area; 118 Who were con- tacted were opposed. Col. Hancock Reed stated it has been at the expense of the owners of the property in the area to keep this R-40 zoning but they saw what was happening on the road from Richmond and they used the less zoning further down the road as a buffer and did not allow fur- ther'development under R-40 zoning. Mr. Joseph Reed stated his family has owned land here since 1910 and rezoning will lower the value of their property and expecially that of the recent pur- chasers. Mr. Ted Adams stated the schools were overcrowded, the length of the road is'hazardous, the development would be close to the river and could be an attractive nuisance, kids will be riding bicycles on this road which the older people will have to contend with, etc. Mr. Ron Nowland, stated that if the road were to be widened, it would cut his yard down, in August this rezoning was approved for 85 homes and now it is 130+ and feels it would be a breach of faith by this Board not to honor a previous Board's decision of rezoning. Mr. Gray read letters from two residents who were not present at the meeting opposing the request. Mr. Gray added that the R-40 zoning at this point was the star in the crown during annexationwhich anchored one end of the defense line, that it would be incompatible with what currently exists, that the quality of life that the residents in the area had set up would be destroyed, etc. Mr. Frank Butler and Mr. Charles Flamin also spoke in opposition. Mr. Smart stated the devaluation issue was not true, that each person is permitted one home on a lot but this should not prevent others from developing their property, that if the Board feels R-25 is not high enough they would have less constituents in Chesterfield than currently exists, etc. Mrs. ~irone stated the decision of this case is based on integrity and commitment. She added the people in the area are concerned with the quality of life they have established for the last twenty years, it is the desire of zoning to maintain a satisfactory place for people to live, play, etc. and that the citizens of the County have to count on something and even though lnad use is changing, you cannot always go with change, etc. There being fo further discussion, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 77S204 In Dale Magisterial District, Spring Run, Ltd. Partnership requested rezoning from Agricultural (A) to Residential (R-15) of a 108.4 acre parcel fronting approximately 3,000 feet on Spring Run Road and located approximately 2,200 feet southeast of its intersection with Qualla Road. Tax Map 93 (1).parcels 9, 10, 11, 12 (Sheet 30). Mr. Hayes, representing the applicant, was present. There being no opposition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 775206 In Dale Magisterial District, J. Warren Deaner and F. S. Wood, Jr. reqeusted rezoning from Agri- cultural (A), General Business (B-3) and Light Industrial (M-l) to Community Business (B-2) of a 9.4~ acre parcel fronting approximately 300 feet on Chippenham Parkway and located approxi- mately 350 feet west of its intersection with Jefferson Davis Highway. T. M. 53-7 (t) parcels 9-1 & 11 (Sheet 16). There being no opposition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved subject to the conditions that a buffer strip having a width of not less than 50 feet shall be provided along all property lines adjacent to any Residential Zoning District and all natural vegetation existing in this buffer area shall be retained with no underbrush, trees, shrubs or other flora being cut, cleared or otherwise distrubed. No physical development or access shall be permitted within this buffer area. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 775207 In Clover Hill Magisterial District, P. L. Travis, Jr. requested rezoning from Agricultural (A) to Light Industrial (M-I) of a 4 acre parcel, part of a larger parcel fronting approximately 310 feet on Walmsley Boulevard and located approxiamtely 415 feet west of its intersection with Turner Road. T. M. 40-6 (1) part of parcel 2 (Sheet 15). There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 77S208 In Bermuda Magisterial District, The Kingsland Company requested rezoning from Community Business (B-2) and General Business (B-S) to Light Industrial (M-l) of a 3.427 acre aprcel located at the norther terminus of Metro Court and located approximately 360 feet north of its intersection with Norcliff Road. T. M. 81-4 (S) Kingsland Commercial Park, Lot 13-3 (Sheet 23). There being no opposition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 77S209 In Clover Hill Magisterial District, Clover Hill Ruritan Club requested a Conditional Use to operate a turkey shoot in an Agricultural (A) District on a 7.4 acre parcel fronting approxi- mately 200 feet on Doss Road and located approximately 250 feet south of its intersection with Hull Street Road. T. M. 73 (1) parcel 28-1 (Sheet 19). There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved subject to the following conditions: 1. Prior to operation, the Staff shall be presented with writteD proof of the following: a. That the operator of the Turkey Shoot has obtained or is in the process of applying for a business license, as apecified in Section 12-70 of the County Code. b.' That clearance from the Chesterfield Police Department relative to Section 15-7 of .the County Code have been obtained. c. That the Police Department has c~rtified that this operation will not violate State and County Weapons Discharge Ordinances as would be applicable under Section 33.1-349 and Section 15-158 of the Acts of Virginia and Chesterfield County Code. d. A clearnace from the County Health Department that the operation does not violate State Food and Drink Regulations and that proper facilities for the disposal of human waste are provided for as approved. 2. This permit shall be valid for a period of (2) years, subject to review by the Board upon reapplication for renewal. 3. Hours of operation shall be restricted to between 9:00 a.m. and 12:00 p.m. on Friday and Saturday. No Sunday operation shall be permitted. 4. The use of firearms shall be limited to shot guns only. 5. Alcoholic beverages shall be prohibited. 6. All parking areas and driveways shall be adequately graded and either paved or graveled. 7. Parking spaces shall be provided at a ratio of one space for every two participants. 8. Each space shall be 10 feet by 20 feet in size. 9. Ail driveways and entrances shall be at least 25 feet in width. 10. All.site, layout and landscaping plans shall be submitted to and approved by the Department of Community Development, prior to the issuance of any building permit, subject to the pro- visions established by and set forth in Article 25, Chapter 17 of the County Code. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. 77S210 In Midlothian Magisterial District, Edward R. MaGee requested a Conditional Use to operate a stock farm (one horse) in a Residential (R-iS) District on a 3.88 acre parcel fronting approxi- mately 90 feet on Black Heath Road and located approxiamtely 750 feet southeast of its inter- section with Deerhurst Drive. T. M. 16-2 (1) parcel 3 (Sheet 7). There being no opposition, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: 1. This Conditional Use shall be granted to and for Edward R. MaGee exclusively and shall not be transferrable nor run with the land. 2. This Conditional Use shall be granted for a period not to exceed three years from date of approval, but may be renewed upon satisfactory reapplication and performance. 3. This Conditional Use shall be limited to the keeping of one horse only. No commercial opera- tion resulting from this Conditional Use animal shall be permitted. 4. A buffer strip having a width of not less than 75 feet shall be provided along the southwest (rear) property line. A buffer strip having a width of not less than 35 feet shall be provided along the north and east property lines. These buffers shall consist of the retention of exist- ing vegetation with no trees, shrubs or underbrush being cut, removed or otherwise disturbed. 5. The area keepint the horse shall be entirely enclosed with a fence designed to securely confine the animal. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. Mr. Bookman left the meeting because of a possible conflict of interest. 220