08-15-77 MinutesPresent:
Mr. E. Merlin O'Neill, Chairman
Mrs. Joan Girone, Vice-Chairman
Mr. J. Rnffin Apperson
Mr. C. L. Bookman
Mr. R. Garland .Dodd
Mr. Nicholas M. Meiszer, Co, Admin,
VIRGINIA: At an adjourned meeting of the Board
of Supervisors of Chesterfield County, held at
the Courthouse on August 15, 1977, at 11:00 a.m.
Also Present:
Mr. Stan Balderson, Chief, Dev. Review
Mr. John Harmon, Right-of-Way Agent
~{rs, Susan H. Heatherly, Secretary
Mr. Steve }iicas, County Attorney
Mr~ Richard ~cElfish, Environmmntal Engineer
Mr. Robert Painter, Dir. of Utilities
Mr. Willis Pope, Right-of-Way Engineer
P~r, Charles Quaiff, supt. of Accts. & Records
Mr. ~iichael Ritz, Dir. of C~'~ty. Devlpmt.
}fr. James Schiavo, Zoning AdminiStrator
Mr. David Welchons, Asst. Dir. of Utilities
Mr. W. Lynn Wingfield, Admin. Asst. to Co. Admin.
}{rs..Girone calls the meeting to order at 11:30 a.m,
Mr. Hamblet is present to discuss a proposed Economic Development Conmittes composed of the
Counties of Chesterfield, Henrico and Hanover and the City of Richmond. Mr. H~mhlet states
this was first considered about a year ago and due to unforeseen circ~nstances, things got
bogged down and now he is visiting the different jurisdictions to determine if they feel there
is a need for an Economic Development Coum',~ttee to promote economic development in this area..
· Mr. Hamblet feels the metropolitan area is not competitive with other cities in the southeast
who are spending large amounts of time, money and effort in promoting themselves to persons re-
locating their businesses. Mr. Hamblet states if approved, it is proposed the committee consist
of a board of directors with two members from each jurisdiction to work together on a non-partism
basis to promote economic development in the entire metropolitan area. He further states no
firm coranitments have been made but the City of Richmond and Henrico County have budgeted money
for this and will probably agree if the other localities proceed with this plan. Mr. Hamblet
states Han~ger County is not ready to proceed with this plan at this time, but could join later
if they wish. Mrs. Girone inquires how this will relate to the State. Mr. }hnmblet states the
State has a statewide interest and some interest needs to be focussed on this area. Mr. Bookman
states he feels the whole Board is interested in moving forward in some direction to attract
industrial growth; but has scme fears or concerns'if this is approved, exclusive of including the
Riclxaond Chamber of Ccmnerce, whmt would preclude other areas getting advanced information and
getting the edge on the other jurisdictions. Mr. Hamblet answeres a director should be employed
from outside the area that would advise all the jurisdictions of the potential industry at the
same time. ~.{r. Bookman states there will have to be a man in Chesterfield t° sell our wares.
Mr. Dodd states he feels the real question is can we afford to continue the way we are going.
Mr. Dodd further states his concern is that we not establish another level of bureaucracy; we
· ~ant to get our money's worth for the taxpayers; that he feels strongly about Hanover joining in
this also. ~rs, Girone asks about how soon this could be implemented if approved. Mr. Hamblet
states it would probably be just a matter of weeks; the Board would have to be set up first and
then proceed from there, Mr~ Apperson states he does not feel promotion is the only reason for
movemmnt of industry or business, Mr. Hamblet agrees, but feels it is an important part. Mr.
O'Neill states he likes the idea and if approved maybe all should meet to discuss the matter.
The Board thanks ~{r, Hamblet for taking the time to present this proposal.
It is on motion of Mrs. Girone, seconded by Mr, Dodd, resolved that this Board go into Executive
Session to discuss personnel,
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and ~{r. Dodd.
Mr. Quaiff reviews the water and sewer financial reports and answers questions concerning same
by the Board members.
Mr, Pope states PAL Associates has agr.~ed to participate in the Carriage ttill/Otterdale water
line extension,
Mr. Boolmmn states the Colonial Heights and Petersburg payments and Kingsland Creek project
should be shown as comnitted since the County is obligated to pay them. Mr. ~iicas states re-
gardless of the method of payment it still has to be paid,
Mr, Bookman leaves the meeting due to a possible conflict of interest.
It is on motion of Mr, Appersen, seconded by Mrs, Girone, resolved that the following Water
Contracts are hereby approved:
1. W77-62D Patterson Park, Section B, Blk, E. $ 8,888.00
Developer: C, W. Hunnicutt t/a Metropolitan
Construction Co. & C. Winfrey
Rudolph t/a Winfrey Construction Co.
Contractor: Bookman Construction CO.
2. W77-68D
Falling Creek Farms, Section G
Developer: James R. Grubbs, Jr.
Contractor: Lewis H. Easter & Co.
12,253.00
3. W77-45CD Kings Forest 51,883.00'
Developer: Kings Forest, Ltd.
Contractor: Hawkins &D error
County Cost: $21,795.00
Developer Cost: $30,088.00
Code: 366-11684-8071 through connections
The requast of lk~. Jo~ B. Finkler of 4250 Gayle Rog! for a reduced sewer aonnea~ion fee is
deferred indefinitely.
%g is on ~Dtion of Mr~ Dodd, secondad by Mrs. Girone, resolved that the request of I~r. Herman
Fails of 12641 Perciv~ Street for a $300 s~r correction fee is hereby d~ied.
It is on motion of Mr. Dodd, seconded by ~r. Apperson, resolved that the rmquest of ~s. Scbroeder
of 12633 Percival S~re~t for a r~lucad s~er ~O~neation fee is hDreby denied.
Mr. Dodg leaves the maeting ~a to a possible conflict of interest.
Mr. Welchons states Mr. C, J, Purdy, Mr. Charles Keene and Mr. Garland Dodd mailed in money for
sewer contracts after the required deadline of August 3. Mr, %%lChons states these people were
notified by certified mail to have their money in within 30 days. After further discussion, it
is on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this Board make an exception
and accept these sewer contracts at the $300 rate since same contracts were late 5 days or less.
Ayes: Mr. O'Neill, Mrs. Girone and Mr. Bookman.
Abstention: Mr, Apperson - this is a contract and has to stick with it,
Mr. Dodd returns to the meeting.
Mr. Harmon states the Right-of-Way Department has received a petition from Mr. W. G. Parks
requesting the vacation of a right-of-way between lots 55 and 57 in Pocoshock Hills. Mr. Harmon
states the staff reccnmmnds denial since this right-of-way will provide an additional access~to
Surreywood and an eventual through road to Forestdale. Mr. Parks is present to discuss this
matter. Mr. Bookman states he has a petition supporting this request. After much discussion
of the drainage situation~ highway depot maintenance, et~., it is on motion of Mr. Bookman,
seconded by Mrs. Girone, resolved that the rightlof-way be vacated as follows:
~ERFAS, by map of Pocoshock Hills Subdivision by G. D, Hubbard, CLS, dated July 26, 1940,
recorded in the clerk's Office of the Circuit Court of Chesterfield County, Virginia, in Plat
Book 7, pages 130, 131, 132, certain streets and roads were dedicated for the public use as part
of said subdivision; and
WHEREAS, Willard G. Parks, one of the abutting property owners on a portion of a Right of
Way, has petitioned this Board to abandon a portion of said Right of Way running from a point
connmneing 15' west of the present intersection of the right of way and Pocoshock Boulevard in
a westwardly direction 395,60', all of which is more particularly shown and outlined in red on
plat by G. D. Hubbard, CLS dated July 26, 1940 and filed herein; and
WHEREAS, the section of road sought to be abandoned has never been constructed nor is it a
part of the Virginia State Highway Systen or Secondary System; and
WHEREAS, notice has been given pursuant to section 15.1-431 by advertising; and
WHEREAS, no public necessity exists for the continuance of the section of the Right of Way
sought to be abandoned, except as stated herein; and
WHEREAS, the prOposed vacation will not interfere with any rights of any other parties;
~]W THEREFORE, WITNESSETH:
That the Board of Supervisors of Chesterfield County, Virginia in accordance with section.
15.1-482(b), does hereby approve the vacation of that portion of Right of Way shown on said
plat. filed herein, and hereby declare said portion of Right of Way vacated and no longer neces-
sary for public use.
The grantees hereby reserve unto the grantors a 25' Water Easement along and being the
northern half of said Right of Way vacated, for the installation and maintenance of water mains
and other appurtenant facilities as shown on the attached plat.
This Ordinance shall be in full force and effect in accordance with section 15.1-482 Co) of
the Code of Virginia, as amended, and a certified copy hereof, together with the plat attached
shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit
Court of Chesterfield County, 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. ThiS ordinance shall vest fee simple title
to the center line of the Right of Way so vacated in the owners of abutting lots free and clear
of any rights of the public except as stated above or ohter owners of the lots shown on the
plat, but subject to the rights of the owners of any public utility installations which have been
previously constructed therein~ Accordingly, this ordinance shall be indexed in the names of
County of Chesterfield as grantor and Willard G. Parks and ~Mary M. Gerace as grantees.
Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd.
It is on motion of Mr. Dodd, seConded by Mr. Bookman, resolved that this Board accepts and
authorizes the County Administrator to sign the following Deeds of Right of Way on behalf of the
County:
Ayes:
1. S. J. Simon (unmarried) Project No, DD77-02/6 - Benruda District - Map Section: 135-1
2, Marvin C. Neal, Jr,, & Shelby B, Neal - Project DD77-02/7 - Bermuda District Map Section: 135-1
3. D. Wayne Keenan & Marcia W. Keenan and Samuel E, Smelley & Virginia W. Smelley - Project
DD77-02/5- Bern~da District - Map Section: 135'1,
Mrs. Girone, Mr. Apperson, Mr. Bookman and ~r. Dodd.
It is on motion of Mr. Dodd, seconded by }~r. Apperson, resolved that the Chairman and County
Administrator ~ are authorized to sign a vacation and rededication of an easement agreemmnt from
D. W. & Evelyn G. Murphey (husband and wife) for project S76-1C/15,23.
Ayes: Mrs. Girone, Mr. Apperson, ~{r. Bookman and ~@. Dodd.
Mrs. Girone thanks Mr. Pope for tb~ good job working with Mr. ~mynolds on the Carriage Hill/
Otterdale project.
It is on motion of Mr. Apperson, seconded by Mr. Bookman, resolved t~at the County Attorney
institute condemnation proceedings against the property owner listed below if the amount offered
by the County as set out opposite their name is not accepted. Be it further resolved that the Counl
Administrator notify the said property owner by registered mail on Aug. 17, 1977, of the
intention of the County to enter upon and take the property which is to be the subject of
the said condenmation proceedings. An emergency existing, this resolution shall be and it is
hereby declared in full force and effect irmmdiately upon passage.
Rnth T. Osterbind W77-45-CD/1,2 $100.00
-Ayes: Mrs. Girone, Mr. Apperson~ Mr. Bookman and Mr. Dodd.
It is on motion of Mr. Dodd, seconded by }~r. Apperson, resolved that this Boa=d authorizes the
Right-of Way Department to assist Mr. J. L. Longest in obtaining off-site easements for True-
heart Heights, Section 5.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd.
Mr. Apperson states if everyone exerted as tach effort as Kings Mill in obtaining drainage, we
WOUld not be doing this tod~y. ~
It is on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that the rental fee for the
County house on Falling Creek Reservoir be increased to $120 per month.
Ayes: Mr. O'Neill, Mrs. Girone, ~r. Apperson, Mr~ Bookman and Mr. Dodd..
Mr. Harry Fran~pton of BramJermill and Dr. David Smith are present. Mr. Frampton states Dr.
'Smith is present to stmmarize the two year su~ of the Brendermill ttnvironmental Management
report. Dr. Smith states the group of people to do this study were brought together to develop
and monitor and assess the things going on at Brandermill from the first turning of the ground
to the development it is today. Dr. Smith states the advisory group has worked with County
officials, State Water Control Board and Brandermill and have acted as the clearinghouse or the
coordinator. Just about every meeting includes representatives of the County, the State Water
Control Board and State Health Commission and the advisory co~L~ission who have round table discus-
sions to decide what is needed to come up with the data that we can detect any changes in the
Swift Creek Reservior which is the primary anmmity from the Brandermill standpoint and the water
soozce for Chesterfield County now and in the future. ~ The group has completed two years of
initial monitoring which he feels provides the data base; this is not the place to stop as far
as ~e is concerned and as far as the advisory group is concerned. Dr. Smith then reviews
the areas monitored such as an analysis of the fish c~,,~nity; sedimentation studies; forestry
and forest management; fire; fertilization, etc.
}Ir. Bookman inquires about how the drought has affected the reservoir and Mr. Apperson inquires
how n~ch of the drainage area is in Brandermill and how m~ch remains in the County. Dr. Smith
states the main probl~n is the increased temperature which my cause an algae problem. Dr.
Smith further states Brandermill is only about 4% of the drainage area with about 85% in the
County. Mr. Apperson asks if there could be a possible problem with heavy metals whereby Dr.
states no. Dr. Smith gives the Board members a copy of the report and a copy is filed with
the Board papers.
The Board thanks Dr. Smith for an informative report.
It is on motion of ~r. O'I~eill, seconded by ~r. Bookman, resolved that the following persons are
hereby appointed to the }i~nagement Conn~ttee for the Swift Creek Watershed:
Mr. P~ich~zd McElfish
}~r. Robert Painter
Mr. William Prosise
Mr. Clarke Plaxco
Mr. John J. Cibulka
Ayes: ~r. O'Neill, }~rs. Girone, Mr. Apperson, }~r. Bookman and Mr. Dodd.
Mr. Painter states this committee is required before final application for funds is made.
After some discussion, it is~on motion of Mr. Bookman, seconded byMr. Dodd, resolved that this
Board has no objection to the application of Mr. William Lewis of Route 360 at Skinquarter to
the State for a discharge permit to discharge treated effluent into an unnanmd branch five miles
above the Swift Creek Reservoir which is to be acccmplished by installing a septic tank and
drainfield followed by an over flow to a covered sand filter with a chlorinated effluent and
further this application is for existing structures only.
Ayes: Mr~ O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman end Mr. Dodd.
It is on motion of Mrs. Girone, seconded by }~r. O'!~eill, resolved that this Board go into
Executive Session to discuss personnel.
Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd.
Reconvening:
The Board recesses until 6:55 p .m.
~r. O'Neill states this time and date have been set for a public hearing on a proposed ordirmnce
relating' to the establishmmnt of a special dog fund. Mr. Micas reviews the proposed ordinmnce.
There being no one present to speak for or against this ordirmnce,-it is on motion of Mrs. Girone,
seconded by Mr. Bookman, resolved that the following ordinance is hereby approved:
An Ordinance to amend and reenact §5-15 of the Code of the County of Chesterfield, 1975,
as amended, relating to the requirement to establish a special dog fund.
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That 65-15 of the Code of the County of Chesterfield, 1975, as mnended, is amended
and reenacted as follows:
Sec. 5-15. Disposition of funds.
The funds collected for dog license taxes shall be paid into a special account and may be
disposed of as. provided in section 29-184.2 of the Code of Virginia.
Ayes: Mr. O!Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd.
Mr. O,Neill states this time and date have been set for a public hearing on a proposed ordinance
relating to sideyards in R-9 residential districts. There being no one present in opposition,
it is on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that the following ordinance is
hereby approved:
An Ordinance to amend and reenact Section 8-5 of the.Chesterfield County Zoning Ordinance
of the Code of the County of Chesterfield, 1975, as amended, relating to sideyards in R-9
residentail districts.
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That §8-5 of. the Zoning Ordinance of the Code of the County of Chesterfield, 1975,
as amended, is amended and reenacted as follows:
Section 8-5. Required conditions,
(1) Lot area. Each dwelling, together with its accessory buildings, hereafter erected
shall be located on a lot having an area of not less than nine thousand (9,000)
square feet and a front width of not less than seventy-five (75) feet.
(2) Percentage of lot coverage. Ail buildings,, includ~ accessory buildings, on any lot
shall not cover more than thirty percent of the area of such a lot.
(3) Front yard. Each lot shall have a front Yard ' having a depth of not less than thiri-y
(30) feet,
(4) Side yard. Each lot shall have two side yards, each having a width of seven and one
half (7%) feet.
(5) Corner side yard, Each corner side yard shall not be less than the twenty-five (25)
feet except that a corner lot back to back with another corner lot shall have a corner
side yard not less than fifteen (15) feet.
(6) Rear yard. Each lot shall have a rear yard not less than twenty-five (25) feet in
depth,
Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd.
Ayes:
Mr. O'Neill states that 7:00 p.m. had been advertised as the tiros for the public hearing on the
proposed ordinances relating to permissible zones for kennels and dog licenses and confinement
and disposition of dogs, Due to an article in the newspaper stating the hearing would be held
at 7:30 p.m., Mr. O'Neill states the hearing will begin at 7:30 p.m. to give any other persons
timm to get here.
The public hearing begins at 7:30. Mr. O'Neill states a citizens comnittee was appointed to
study this issue which was ccmposed of hunters, kennel operators and people who own show dogs.
Mr. O'Neill turns the meeting over to Mr. Booknmn who gives a history of what's transpired since
the meetings started. ~{r, Bookman thanks the committee members for serving on this cou,,ittee
and turns the meeting over to Mr, Micas. Mr. }{icas reviews the changes in the County ordinance
which are: (1) The dog ~doption fee would be raised from $6 to $10 and the boarding fee to $10
for the first day ami $ each day thereafter (2) Individual dog licneSe fee increased from $3
to $5 for male and f~n~le dogs and fee reduced from $3 to $1 for unsexed male and female dogs.
Mr. Micas states after July ist, State law permits the County to increase the fee up to $10.
(3) The ordinance would also reduce the nun~er of days the animal control departmmnt is required
to keep a dog before disposition from 10 days to 7 days. Mr. Micas notes State law will permit
'the County to reduce this to 5 days if so desired. ~r. ~iicas reviews the changes to the Zoning
Ordinance which are: (1) The definition of a kennel would be amended to omit any reference to
cats, also, it would increase the number of permissible dogs wihtout kennel zoning from 2 to 4
dogs; (2) The limit on the number of dogs allowed on agricultural parcels would be removed regard-
less of the size of Ithe parcel; (3) A special exception would be required by the Board of Zoning
Appeals to keep 5 or more dogs in a residential zone on less than 3 acres; (4) A special exception
would be required from the Board of Zoning Appeals to locate kennels in business or industrial
zones. Mr. liicas states the Planning Commission has reviewed the rec~,~ndations made by the
committee and have made one change which would require a special exception for a ~kennel in resi-
dential zones regardless of the size of the parcel.
Mr. O'Neill asks if there is anyone present to speak on this issue.
Mr. Shelby Roberts of 9600 Telstar Drive, Mrs. Burton of Hopkins Road; t.{r. James Burke and Mr.
Bill Heintmnan of Chester and Mrs. NancY Tucker of Graves Road all sepak in opposition to
raising the number of dogs allowed in a residential area. Mrs. Burton and ~.{r..Roberts state
a limit should be placed on agricultural areas also. Mrs. Anthony of Clover Hill also voices
her opposition on the matter.
Dr. Walter Harrington of Archway Subdivision reads a prepared statement which requests the Board
consider imposing a $25 fine
146