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08-24-77 MinutesP~rs, Girone calls the meeting to order at the Courthouse at 9:05 a.m. (DST) I~ is on motion of Mr. Bookman, se¢ondad by ~r. App~rson, resolved that the Hig~y Depar~mnt be and it hereby is requested to a~eept the roads in the following subdivisi~s into ~he S~ate System: ARCHWOOD SUBDMSION, SH~~, SECT. A & B Knightsbrid~e Road - beginning at its intersection with North Arch Road (State Route 672) westerly ~07 mile to its intersection with Chessiogton Road, thence north- westerly . 06 mile to State maintenance Earlsgate Road - beginning at its intersection with Chessiogton Road northwesterly , 06 mile to its inter- section with Swanage Raod (State Route 2504). Chessim~ton Road - beginning at its intersection with Red- bridge Road (State Route 2510) northerly 0.24 mile to its intersection with Earlsgate Road, thence northerly 0.16 mile to its intersection with Knightsbridge Road. BRANDERM~.L, LITCHFIELD BLUFF SUBDMSION Woodbriar Court - beginning at its intersection with Millridge Parkway, State Route 1920, thence south- westerly 0.06 mile to a dui-de-sac. Woodbriar Ridge - begirming at its intersection with Wood- briar Court thence westerly 0.06 mile to a cul-de-sac. Ayes: Mrs. Girone, Mr. Apperson, }~r. Bookman and Mr. Dodd. 0.13 mile 0.06 mile 0.40 mile 0,06 mile 0.06 mile It is.on motion of Mr. Bookman, seconded by ~.~r. Apperson, resolved that the Board accepts an agreermnt between the County and the Developers of Clarendon, Section B, and authorizes the to sign a save-harmless agreement with the Highway Department for certain drainage easements that my be necessary to be acquired in Clarendon, Section B. Ayes: b~s. Girone, Mr, Apperson, Mr. Bookman and Mr. Dodd. It~ is on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that discussion regarding the sewer connection fee for the school on Krause Road be and it hereby is deferred until October 26, 1977. since the school will not be in operation for 2 years, and further the County Administrator is requested to relate to the School System the Board's concern regarding a recreation agreement and a fire site that had been proposed. Ayes: ~.~rs. Girone, Mr. Apperson, Mr. Bookman and }~r. Dodd. After sc~e discussion of the matter, it is on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this Board agrees with the concept presented regarding the Ecnn~c Developmmnt Co~u~Lttee of the Richmond Chamber of Conmerce but the Board would like more details as to the proposed organizatiovml structure of the Committee, its duties and responsibilities, the dis- position of funds, etc. Ayes: Mrs, Girone, Mr. Apperson, Mr. Booknmn and ~r. Dodd. After soma consideration of the matter, it is onmotion of Mrs. Girone, seconded by Mr. Dodd, resolved that Board action regarding the single bid received for a bookmobile be deferred at this time. Ayes: Mrs. Girone, Mr, Apperson, }lt. Bookman and Mr, Dodd. It is on motion of the Board, resolved that the following resolution be and it hereby is adopted: Whereas, Alton Leon Greenwood will retire from the Chesterfield County Utilities Department on August 31, 1977,' after sez-v-Lng the Departnmnt and the County since August 5, 1970, .as a waterworks operator; and Whereas, Mr. Greenwood has rendered a valuable service to the people of Chesterfield County and has given unstintingly of his time, efforts and abilities, including many hours without pay; and Whereas, It has been to the credit of the County and its citizens to have Mr. Greenwood as an employee of the Chesterfield County Utilities Departnmnt at both the Falling Creek and Swift Creek Water Plants; and .Whereas, It is the desire of this Board to recognize his faithful service to the County and to spread this recognition upon the }iinute Book of the Board of Supervisors of Chesterfield County; Now, Therefore, Be It Resolved that this Board publicly recognizes the demanding and diligent service of Mr. A. L. Greenwood and this Board extends on behalf of its nmmbers and the people of Chesterfield County their appreciation and gratitude to Mr. Greenwood for his many years of distinguished service to the County and hopes that his retiremmnt shall be long and rewarding; And Be It ~urther Resolved, that a copy of this resolution be presented to Mr. Greenwood and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chester- field Co~mty, Virginia. Ayes: Mrs. Girone, Mr. Apperson, ~r. Bookman and ~.{r. Dodd. It is'on motion of Mr. Apperson, seconded by Mr, Bookman, resolved that the following 'reco~=nda- tions by the personnel and Salary Review Comittee be and they hereby are approved: 1o That the Director of Social Services position be reclassified from Grade 30 to Grade 31, that the Assistant Director of Social Services position be reclassified from Grade 26 to Grade 27; and that these actions be effective on the armiversary dates of the incumbents and will be accomplished within the present budget constraints. 2. That the Fire Chief be allowed to establish one additional Clerk-Typist I% position within the Fire Department. 3. That $5,200 be transferred from Planned Budget Expense account 111-07120-1091, Compensation of Clerical Staff. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is on motion of Mr. Bookman, seocnded by Mr. Apperson, resolved that an ordinance to amend :the Code of fihe County of Chesterfield, 1975, as amended, by adding Sections 16-3 through 16-11 relating to the establishment of a Department of Personnel, establishment of a Personnel Appeals Board, and promulgation of Personnel Regulations be advertised for a public hearing on Septem- ber 14th at 4:30 p.m. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. Mr. Bookman states he feels the Board should take a position on the proposed hospital for Chester- field County. Mrs. Girone states she has some questions regarding the Board SUpporting the spe- cific location but she does agree there is a need for a hospital on the southside of the river. Mr. Apperson gives a brief history of the hospital trying to locate here and adds it might be bad not to support the site. Mrs, Girone states she has no objection to the site but the Board of Supervisors has never had a hearing on this matter, the Board bas never seen a layout of the hospital and its property, etc. It is on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that staff be authorized to prepare a resolution in support of the hospital and said resolution to be acted upon 'later this date. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. Chief Pittman reinstates his request for additional personnel which had been deleted from his '1977-78 budget. He states he has two proposals which could be considered and adds further that his surplus for 1976-77 is $88,960. After further consideration of the rotter, it is on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be deferred until September 14 at. which time the Board should know the surplus for the County for 1976-77. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that-the following erroneous tax claims be end they hereby are approved for payment :' Lucille Boyd Erroneous Personal Property Assessment for 1977 $ 8.40 Edward D. Gardner Erroneous Personal Property Assessment for 1977 43.68 William H. Sims, et al. Erroneous Personal Property Assessment for 1977 2.80 Helen Jean Wilson Erroneous Personal Property Assessment for 1977 11.76 William H. Sims, et al. Erroneous Personal Property Assessment for 1974 5.72 William H. Sims, et al. Erroneous Personal Property Assessment for 1975 5.40 William H. Sims, et al. Erroneous Personal Property Assessment for 1976 5.76 Ervin Co. Erroneous Personal Property Assessment for 1975 78.90 Ervin Co. Erroneous Personal Property Assessment for 1975 15.90 AYes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is generally agreed that a date for touring Reynolds Alumint~n's Plants be deferred until all Board members are present. It is on motion of Mr, Bookman, seconded by Mr. Apperson, resolved that $300 be and it hereby is appropriated from the Unappropriated Surplus of the General Fund to 111-31400~2051, Professional Fees, which amount will cover the cost for the appraisal of the old Data Processing building by Watson and Barton, Inc. Ayes: Mrs, Girone, Mr, Apperson and l~r, Bookman. It is on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the resolution dated August 10, 1977, appointing Mrs. Girone to serve on ~ be and it hereby is rescinded. Ayes: Mrs. Girone, Mr. Apperson and Mr. Bookman. It is on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that Mr. Dexter Williams be and he hereby is appointed to serve as Chesterfield County's representative to the SPECTRAN Board. Ayes: Mrs. Girone, Mr~ Apperson and Mr. Bookman. On rec~mndation of Mr. O'Neill, it is on motion of Mr. Bookman, seconded by Mr. Apperson, re- solved that the following people be recc~mnded to the Conmzission of Outdoor Recreation for appointment to the Appomattox Scenic River Advisory Cc~l~,~[ttee. Dr. Joseph C. ttillier Mr. Wa~renPurcell ~r. Howard Clayton Ayes: Mrs. Girone, Mr, Apperson and }.ir. Bookman. It is on motion of Mr. Apperson, seconded by Mr~ Bookman, resolved that the request for renewal of a bingo and/or raffle permit by 'the Chesterfield County Fair Association be and it hereby is approved for a period of one year. Ayes: ~{rs. Girone, Mr. Apperson and Mr. Booknmn. It is generally agreed that this ~oard recesses until 11:00 a.m. Mr. Mmiszer states this time and date have been set for a public hearing relating to the signing of subdivision plats by the Executive Secretary. There being no one present to discuss this .matter, it is.on motion of Mr, Bookman, seconded by Mr. Dodd, resolved that the following ordi- nance be and it hereby is approved: "An Ordirmnce to Anmnd and Reenact Article VII, Stage C, of the Subdivision Ordinance of the Code of the County of Chesterfield, 1975, as anmmded, relating to Signing of Subdivision Plats by the Executive Secretary." Be it ordained by the Board of Supervisors of Chesterfield County: (1) That Article VII, Stage C, of the Subdivision Ordinance of the Code of the County of Chesterfield, 1975, as amended, is amended and reenacted as follows: STA~ C.. Recorded Plat. Upon receipt of a certified copy of the approved final plat, and upon signature and seal by the secretary to the Planning Conmission of the plat to be recorded, the SUBDIVII~ files one transparency (photographic positive polyester film) with the Chief Building Official and one transparency~ (photographic positive polyester film) with the Envirorm~ntal Engineering Division. The approved final plat shall be recorded within twelve months of the date of tentative approval and within ninety days of the date of approval by the Secretary. After r.ecordation, the SUB- DIVIDER proceeds to develop and sell the lots of his subdivision. Ayes: Mrs. 'Girone, Mr. Apperson, Mr. Bookman and ~r. Dodd. Mr. Meiszer states this time and date have been set for a public hearing relating to an ordinance to amend and reenact §9.2-2 relating to the requirement for. a second public road access. Mr. Dodd states he has questions regarding the third access and it is on his motion, seconded by Mr. Apperson, resolved that further consideration of this ordinance be deferred until September 28, 1977, at 10:00 a.m. Ayes: Mrs. Girone, Mr. Apperson and Mr. Dodd. Mr. Mmiszer states this time and date have been set for a public hearing relating to. the designa- tion of Assistant Director of Central Accounting. There being no one present to discuss this rotter, it is on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that the following ordinance be and it hereby is adopted: "An Ordinance to Amend and Reenact Section 2-16 of the Code of the County of Chesterfield, 1975, as amended, relating to the Designation of Assistant Director of Central Accotmting." Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Section 2-16 of the Code of the County of Chesterfield, 1975, as amended, is amended and reenacted as follows: Sec. 2-16. Same--Desi~atien of assistant director; bonds of depar~nt n~=mhers. The director of central accounting shall designate an assistant director who shall be an employee of the department of central accounting and who shall perform such duties as may be assigned to him from tima to time by the director. The assistant director shall be covered by a bond as specified for the director. Ail other employees of central accounting shall be covered by bonds of not less than five thousand dollars conditioned upon faitb_ful performance of duty and running in favor of the county. Ayes: Mrs. Girone, Mr. Apperson and Mr. Dodd. Mrs. Girone states action by the Board relating to the amendmmnts to several'county ordinmnces relating to dogs had been deferred to this meeting from the public hearing on August 15th. She adds this matter is now before the Board for consideration. Mr. Apperson states he is only con- cerned about the number of dogs that constitutes a kennel. He states his constituents want only two dogs allowed in residential areas. Mr. Bookman states the Dog Conrmittee did a fine job trying to attack all phases of this ordinance, people first have to realize dogs are people's property and responsibility, taxes cannot be raised to have the Police Department control every dog in the County, etc. He states he knows sonm people want four dogs to be allowed and others support two dogs but he is willing to com- promise and agree to three. He adds if what is passed today does not accomplish what was intended, it can be amended again, Mr. Dodd states that the residents in his area would like two dogs to be the limit but he could support three, if reconnmnded by the Board. He adds that he feels the law has to be enforced regardless of the number of dogs that are allowed. ~rs. Girone states there is too much gove~t here. She adds that if people would take care of their responsibilities, laws would not have to be passed to protect those citizens who rare concerned about their c~ity and other people's rights. She states that w~at is proposed may make a difference but if it does not, this matter could be reevaluated again after six months or a year. ~r. Bookman and Mr. ~iicas explain what the changes entail. Mr. Apperson asks that each mnendment be voted on separately. It is on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that reccunmndations made bY the Planning Cc~mission be amended to eliminate kennels completely from the business office zones. Ayes: ~{rs. Girone, Mr. Apperson~ Mr. Bookman end Nr. Dodd. It is on motion of Mr, Bookman, seconded by Mr Apperson, resolved that the reco~mandations made by the Planning Conmission be amended to require a conditional use rather than a special exception for the operation of a kennel in a business or industrial zone. Ayes: ~rs. Girone, Mr. Apperson, Fir. Bookman end Mr. Dodd. It is on motion of Mr. Bookman, seconded by I.~r. dodd, resolved that the recomendations made by the Planning Cumdssion be amended to change the ntraber of dogs permitted in residential zones from from (4) to three (3) dogs. Ayes: Mr. Bookman and Mr. Dodd. Nays: Mrs. Girone and Mr. Apperson. Mr. Micas explains that this anendm~nt having been defeated, leaves the ordinance as it currently reads. The audience raises its objections because one of the supervisors is not present to break the tie vote. Mr. Bookman suggests this matter be deferred until later this date. It is on motion of Mr. Apperson, seconded by Mrs. Girone, resolved that the following ordinances be end they hereby are adopted: ,'An Ordinance to Amend and Reenact Sections 5-13 and 5-17 of the Code of the County of Chesterfield, 1975, as Amended, Relating Generally to Dog Licenses and Confinenent end Disposition of Dogs." BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 5-13 and 5-17 of tbs Code of the County of Chesterfield are amended and reenacted as follows: Sec. 5-13. Required; term; taxes. (a) It shall be unlawful for any person to own a dog six months old or over, unlesS such dog is licensed, as required by this section, (b) Dog licenses shall run by the calendar year from January 1 to December 31, inclusive, end the license tax shall be payable on or before February 1 of each license year at the office of the county treasurer and shall be as follows: (1) Male. For a male dog, five dollars. (2) Unsexed Male or Female. For an unsexed male or female dog, one dollar upon presentation of a veterinarian's certificate certifying that the dog is {unsexed. (3) Fenale. For a female dog, five dollars, (4) Kennel. For twenty dogs, fifteen dollars. (5) Kennel. For fifty dogs, twenty-five dollars. (c) Funds collected in the enforcament of this section shall be disposed of in the same manner as dog license taxes. Sec. 5-17. Confinanent and disposition of dogs; reaction by owner; pound char~es,' (a) The dog warden shall cause to be constructed and maintained a pound or enclosure and shall require dogs running at l~rge contrary to the provisions of this a~rticle to be cor~fined therein. Any dog which has been confined for a period of seven ~rking days and bbS not been claimed by the owner thereof may be destroyed by- the dog warden or otherwise disposed of in accordance with this section; provided, that dogs confined with tags sbb!l not b~ destroyed until the owner of such dog has been notified in writing by certified mail at least fifteen days prior to tbs destruction of the dog. Such notice recmiranent shall be deemed sufficient when mailed to the owner's address as it appears on record 'in the county treasurer's office. (b) Any dog found in the comty not vacciomted or not wearing an authentic vaccination tag or license tag as provided in this chapter shall be impounded by the dog warden, deputy dog wardens or police officers. " (c) Any dog confined under eny of the orovisions of this chapter may be redeaned by its owner at any time after confinement, if such'' dog has been otherwise' disposed of under the pro- visions of this section, tmon payment of the proper fees. No dog shall be released to any-' per- son clain~ ownership until proof of current-dog license receipt or tag and current valid vac- cination certificate are .presented, and by payment to tbs dog w~arden of a fee in the amount of ten dollars if claimed during the first twenty-four hours of ' ,unpoundment and five dollars a day for each additional day thereafter. (d) Any parson purchasing a dog frcm the county dog pound Shall pay a fee of ten dollars; such money to be disposed of on the same manner as dog license taxes. ~twithstanding any other provisions of this section to the contrary, the dog warden or bis deputies may dispose of dogs confined at the county dog, pound at any time after the confinanent o~riod for such-dog or dogs expires by selling cSeU~thi~g- rt~og~tO~rb~ of such dogs shall to© f~de~med~ca~l r.es~ea~.c~h laboratories. The purchaser -~ ~ uen on zorms rurnzsne~ ~y t~e county dog warden that the animals shall be used for medical research purpo_ ses only. "An Ordinance to Amend end Reenact Sections 1-4, 4-3, 4-4, 15-1 and 17-3 of the Chesterfield County Zoning Ordinance of tbs Code of the County of Chesterfield, 1975, as amended Relating to Permissible Zones for Kennels ." BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That sections 1-4, 4-3, 4-4, 15-1 and 17-3 of the Zoning Ordinance of the Code of the County of Chesterfield are amended and reenacted as follows: Section 1-4. Definitions, (47) KENNEL: A place where three or more dogs more than six months old are kept, either private or-~ pay or for sale. Section 4-3 Uses allowed by Conditional Use subject to the provisions of Section 28-2. (a) Stock farms. (b) Multiple-family dwellings. (c) A dwelling unit separated from the principal dwelling unit. (d) Public and private profit making clubs, golf courses, and other recreational facilities (e) Planned Developments. (f) ~{ass Transportation. (g) Two family dwellings. Section 4-4 Uses allowed by Special Exception, subject to the provisions of Section 27-5· · ' ' (r) I<~nnels. SeCtion 15-1 Uses permitted. (a) Same as specified for R-40 District. (b) Farming, dairy farm/ng~ livestock and poultry raising, including all buildings necessary to such use and the keeping, storage or operation of any vehicle or machinery neces- sary to such use. (c) Forestry operations and Sawmills together with the incidental uses thereof. (d) Graveyards. (e) Stock Farms· (f) Kennels Section 17-3 Uses allowed by Conditional Use, subject to the provisions of Section 28-2. (1) Any conditional use as allowed in the R-40 District, unless previously allowed in Section 17-1· (2) Jails, prisons, road camps. (3) Cormmrcial automobile parking. (4) l<~mnels, Ayes: l~s. Girone, Mr, Apperson and Mr, Dodd. Nays: }~r. Bookman. It is on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that this Board go into Execu- tive Session to discuss personnel matters. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and ~r. Dodd. Reconvening: It is generally agreed by the Board to recess for lunch. meconvenirlg: It is onmotion of Mr. Apperson, seconded by }k. Dodd, resolved that the following Water Contract be and it hereby is approved: W77-76CD Country Place Contractor: C· L. Bookman Construction Co. Developer: Barry Land Corporation Est. County Cost (refund through connections) Est. Developer Cost - $24,186.25 Code: 366-11684-8071 $29,112.50 $4,926.25 Ayes: Mrs Girone, Mr. Apperson and l.~r. Dodd. Mrs· Girone inquires why only one bid was received for the bookmobile for the County Library. Mrs. Robertson states there is primarily one vendor for this type of vehicle, but bids were solicited from several companies. Mrs. Girone inquires about the catalog file and the AM-FM radio as equipment for the bookmobile. Mrs. Robertson states this is a demonstrator, the County is receiving a reduced rate because of this fact even though it has never been in service and will come with full warranty, and it had been equipped with the radio but the file is used as a registration file. There being no further questions, it is on motion of Mr. Apperson, seconded by ~r, Bookman, resolved that the bid received by The Gerstenslager Company, which was the only bid received, be and it hereby is accepted in the amount of $41,010· Ayes: ~{rs. Giorne, ~r. Apperson, Mr. Bookman ~und ~r· Dodd. I,~s· P~bertson states the Central Library plans to be open on September 12th' if everything goes as planned. 77S094 In Dale ~gisterial District, Rock ConstrUCtion Company requests rezoning from Agricultural (A) to Residential (R-15) of a 52.1 acre parcel fronting 743.38 feet on CrumplandRoad, located approximatelyl,900 feet northeast of its intersection with Qualla Road. Tax~.~p 93 (1) 8 (Sheet 30). Mr. Balderson states the applicant has requested a 60 day deferral. There being no one present to discuss the case, it is on motion of }-~r. Apperson, seconded by Mrs. Girone, resolved that the request for 'a 60 day deferral be and it hereby is approved. AYes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, ~{r. BooRman and Mr. Dodd. 77S121 In Midlothian Magisterial District, Richard F. Bozard, et als. request rezoning from Agricultural (A) to Residential (R-40) of a 55 acre parcel fronting 637.32 feet on Winterfield Road, located approximately 1,600 feet north Of its intersection with Netherfield Drive. Tax Map 7-1 (1) 1 (Sheet 2). Mr. Charles Vette, representing the applicant, states the water line will be extended to the development from the intersection of Netherfield Drive and Winterfield, they would like to exclude lot ~/1 from the extension because of the distance to serve that one lot, and further that Mr. Bozard will grant Mr, Lee an easement for only utilities if Mr. Lee will pay for the necessary legal work that is needed. He adds further that they are waiting on the soil percula- tion tests bafore preparing the recorded plat, Mr. Apperson inquires about the six houses north of this parcel of land. Mrs, Girone states she has not heard that they are having any water problems. Mrs. Girone thanks Mr. Vette for the cooperation received by the developer and it is on her motion, seconded by Mr. Dodd, resolved that this request be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, ~. Apperson, Mr. Bookman andMr. Dodd. 77S021 In Bemada~l~gisterialDistrict, Florine A, Strickland requests rezoning from Agricultural (A) to Convenience Business (B-I) of a 1.0 acre parcel, fronting approximately 250 feet on Iron Bridge Road, located approximately 200 feet west of its intersectionwithWomackRoad. Tax Map 115-9 (1) 14-1 (Sheet 32). Mr. Dodd states the applicant has requested a 30 day deferral. There being no one present to discuss the matter, it is on motion of }~. Dodd, seconded by Mr. Bookman, resolved that this request for a 30 day deferral until September 28, 1977, be and it hereby is approved. Ayes: Mr, O'Neill, Mrs. Girone, ~. Apperson, }~. Bookman and Mr. Dodd. 77S143 In BermdaMagisterialDistrict, Realty Industries requests rezoning from Agricultural (A) to Residentisl (R-7) and a Conditional Use to permit the construction of 192 n~lti-family units on a 16 acre parcel located 308.9 feet off the west line of Jefferson Davis Highwaymeasured from a point approximately 450 feet south of the intersection (underpass) of Jefferson Davis Highway and the SCL Railroad. Tax Map 149-3 (1) 1 (sheet 41). Mr. Dick Youngblood, representing the applicant, states they accept the conditions recommended by the Planning Co~issi°n. }~r. CustavKoriath, an adjacent property owner, inquires about the sewer line servinghis property. ~. Youngblood states they will bring the sewer from the opposite direction of his property andhe doubts that his land would benefit. Mr. Koriath inquires about bringing the sewer in from the other direction. Mr. Youngblood states the sewer line from another direction would not serve their development. Mr. Koriath sites the speed limit on Route 1 and the accident rates as beingpotential problems for the added residents in the area. Mr. Dodd states they have been trying to have the speed limit on Route 1 reduced and will continue trying. Chief Turlington of the Fire Department is present and states he would like scme additional provisions added to the conditions recomended by the Planning Com- mission dealing with Fire Protection which are: 1. Tbmt they will install County standard fire hydrants as the Fire Department recomends; 2. That each apartment unit be provided with two separate and independent exit ways; and 3. That adequate access by fire equipmmnt be pro- vided and/or horizontal standpipes. Chief Turlington states his concernfor apartment dwellers and adds it is his duty to notify the Board of potential problems. Mr. Balderson states the Co~=~nity Developmmnt Departmmntwill add where fire hydrants should be installed and will pro- vide access for fire equipmmnt at the time the final plan is presented. He adds that rezoning is a decision to be made on the use of the land in total andthe desing is the responsibility of the architects, developers, etc. Mr. Kornblau states he is installing a two-hour fire wall which should provide adequate protection for the stairway, Mr. Dodd acknowledges receipt of a letter receivedfrom}~r, and Mrs. E. S~ Eastman in opposition. ~r. Doddstates he feels this is the best use of the land because being this close to a railroad single family developmmnt would not occur, and it is on his motion, seconded by Mrs. Girone, resolved that this request be and it hereby is approved subject to the conditions recommended by the Planning ConmZission. Ayes: Mr. O'Neill, Mrs. Girone, ~{r. Apperson, ~{r. Bookman and ~. Dodd. 77S144 In MidlothianMagisterialDistrict, Imogene A. Purdy requests rezoning from Agricultural (A) to C~eral Business (B-3 of a 0.80 care parcel fronting approximately 140 feet on~iidlotP~an Tuznpike located approximately 160 feet west of its intersection with Poc°n° Drive. Tax Map 17-7 (1) 18 (Sheet 8). ~here being no one present to represent the application, it is on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be and it hereby is deferred until September 28, 1977. Ayes: ~r. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Pk. Dodd. 77S147 In~atoacaMagisterial District, R~fEnterprises, In~. requests a Conditional Use to permit the operation of a public and private club and Recreatiopml Facilities ina Convenience Business (Bil) District on a 0.~60 acreparcel fronting approximately 190 feet on James Street, located approximately 100 feet southwest of its intersection with Chesterfield Avenue. TaxMap 182-9 (8) 1, 2 & 3 Orange Hill, Block L, Lots 1, 2 & 3 (Sheet 53/54). Mr. HarrY Marsh is present and states he has no objections to the conditions recommended by the Planning Co~issionbutwould like bingos included as a portion of the activities allowed in the building. There being no opposition present, it is on motion of Mr. O'Neill, seconded by ~r. Dodd, resolved that this request be and it hereby is approved subject to the conditions recomnendedby the Planning Co~nissionwith the work bingos included in condition#5. Ayes: Mr. O'Neill, Mrs. Girone, ~fr. Apperson, Mr. Bookman and ~. Dodd. 77S148 In Clover Hill Magisterial District, Southport Corporation requests an amendment to a Conditional Use (Case #73S013) to eliminate the 25 foot screen as shown on the Master Site Plan in a Light Industrial ~-1) District on a 71.81 acre parcel fronting approximately 250 feet on }~dlothian Turnpike, located at the intersection ofMidlothianTttrnpike and Southlake Boulevard andknown as Southport. Tax~p 17-10 (2) 4 & 4-1 Southport (Sheet 8)~ ~ I~. Balderson.statesa letter has been received frcrn legal counsel of Weidmuller Terminations, Ind. in support of thisrequest. There being no opposition, it is on motion of Mr. Booknmn, secondedby }k. Dodd, resolved that this request be and ithereby is approved. Ayes: ~. O'Neill, Mrs. Girone, Mr. Apperson, ~. Bookman and Mr. Dodd. 77S149 'In Beramda Magisterial District, William E. Irving and William}~. Jones request an amendmmnt to conditions #1 and#2 of a Conditional Use (Case#77S022) to allow uses as permitted in a B-1 District and to allow outside storage on a 2;2p.acye parcel.fronting,243.30 feet on East Hundred Road located approximately 1,700 feet west oz xns ~ntersectxonwithF~ingstonAvenue. Tax Map 118-10 (3).26C Bermuda Ochre, Lot 26C, (Sheet 33). There being no opposition present, it is on motion of 3~. Dodd, seconded by Mr. Apperson, re- solved that this request be and it hereby is approved subject to condition #1 being amended to include all uses permitted in a (B-l) District plus plumbing and heating sales, service and repair; 2. That condition #2 be amended to permit outside storage of equi.mnent, materials, sup- plies or items for sale; 3. That a six foot chain-link fence with stripping be installed around the outside storage area; 4. That outside of the fenced area be planted with 5 foot shrubs every 10 ft. along the highway; and 5, That the front of the building be landscaped. Ayes: Mr. O'Neill, ~rs. Girone, }~. Apperson and }~r. Dodd. Abstention: Mr. Bookman. 77S151 In Bera~daMagisterial District, Taylor-l~_ng Enterprises, Inc. requests a renewal of a Conditionml Use to permit the operation of a Turkey Shoot in a Light Industrial ~{-1) District on a 2 acre parcel, part'of a larger parcel, fronting approximately 375 feet onWillis Road and located ap- proximately 150 feet east of its intersection with Southwood Road. Tax Map 82-2 (2) 14 Gravel Pit Farms, Lot 14 (Sheet 23), There being no opposition present, it is onmotionof ~. Dodd, secOnded by Mr. Apperson, re- solved that this request be and it hereby is approved subject to the conditions reccnmended by the Planning Con~nission. Ayes: Mr. O'Neill, ~s. Girone, Mr. Apperson, ~. Bookman and Mr. Dodd. 77S198 In Matoaca ~gisterial District, ~k. John K, Taylor requests a Variance to use a parcel of land whichhas no public road frontage for dwelling purposes. This parcel fronts the north line of a dedicated 50 ft. right of way being approximately 200 ft. northeast of Graves Road and contains 1.43 acres. It is onm otionof ~k. O'Neill, seconded by~. Dodd, resolved that this request for a Variance he and it hereby is approved subject to a 50 ft. public road dedication. Ayes: }~. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is on motion of ~. Bookman, seconded by Ik. Apperson, resolved that the following resolution be and it hereby is approved: Whereas, for years the residents of Chesterfield County have needed a hospital within the County to serve the health needs of our citizens; and Whereas, because of the rapid growth of the County and increasing population, the need for a centrally-located, easily-accessible hospital in Chesterfield grows daily; and Whereas, a local hospital has proposed to expand into Chesterfield County to provide health services to many County residents. ~Now, Therefore, Be It Resolved that the Board of Supervisors finds that the granting of a cer- tificate of need to operate a hospital in Chesterfield would be in the best interests of the health, safety and welfare of the County, and further, supports the application for a certifi- cate of need currently pending before the State Department of Health. AYes~ Mr. O'Neill, Mrs Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is generally agreed the Board will meet with the architects to discuss space needs of the .County on SePtember 19th at 10:00 a.m. and will tour the Reynolds Aluminum plants between the hours of 12: 00 noon and 3: 00 p.m. It is generally agreed that this Beard recess until 5:00 p.m. Reconv~lJ_r~g: Mr. O'Neill states this tim~ and date have been set to discuss a proposed ordinance relating to responsible parties for sewer and water charges and liens on real estate for unpaid water charges. Mr. O'Neill enters into the record a letter frc~n Mr. W. U. Savage who is in support of the proposed ordinance. ~Mrs. Girone states she has had input from Mmssrs. Fred Lord, Don Hodges and James Gordon who are also in support of the proposed ordinance. Messrs Ed Allen, Sam Wagstaff and Will Carnes are present and in support of tb~ proposed ordinance ~ut have some questions relating to the bills continuing to fall on the landlord if the tenants cannot be found. ~ Mr. Micas states that every effort will be made to contact and collect from the tenants who have left unpaid bills with the County for water and sewer charges. He adds he has an assistant that will initiate court action to collect these bills. Mr. Wagstaff inquires as to how much the Cotmty is losing from those tenants who leave without paving. Mr. Quaiff states · it is approximately 1/2 of 1% which amounts to approximately $25,000. There is considerable dis- cussion regarding the possibility of collecting deposits prior to connection states that the County could spend more money trying to collect deposist ~ etc. Mr. Micas it will collect. After further consideration of the matter, it is on motion of Mr. Bookman, seconded by Mrs. resolved that the following ordinance be and it hereby is adopted: "An Ord' ct~i~20d ~2h%~ . m~d~ggc d_e=o={__th~e C~.unty ?_f Chesterfield, 1975, as amended, by ~e - aucualg mectlons ~0-13.1 and 20-13.2 Relating to Responsible Parties for Sewer and Water Charges and Liens on Real Estate for Unpaid Water Charges." Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Section 20-22 of the Code of the County of Chesterfield, 1975, as ~m~onded, is amended and reenacted as follows: Sec. 20-22. Charges for sewer service a lien on real estmte serve,.]. That charges made for s~er service, pursuant to this article, if unpaid shall be a lien on the real estate served by suah sewer provided, however, that the tenant or resident of such premises shall be liable for the payment of such charges. if the tenant or resident of such property fails to pay the charges rode for sewer ser- vice, they shall be collected by the Treasurer of the County in the same manner as taxes and levies are collected. (2) That Sections 20-13.1 and 20-13.2 are added to the Code of the County of Chesterfield 1975, as m~=nded, as follows: Sec. 20-13.1. Charges for water service a lien on r~m! estate served, The charge, made for water service, pursuant to this article, if unpaid shall be a lien on the real estate served by such water, provided, however, that the tenant or resident of such premises shall be liable for the payment of such charges. If the tenant or resident of such property fails to pay the charges made for water ser- vice, they shall be collected by the Treasurer of the County in the same manner as taxes and levies are collected. - Sec. 20-13.2. Delinquent water ~s or charges to be docketed. If any taxes or charges made for water or the use thereof in the County remain unpaid for a period of sixty days then the utilities departrm~t shall certify such taxes or charges to the Treasurer of the County who shall collect such amount. The Treasurer shall certify such taxes or charges as being unpaid to the clerk of the circuit court who shall docket the same in the delinquent tax books in his office. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, }~. Bookman and Mr. Dodd. Mr. Wagstaff and Mr. Carnes express displeasure that the delinquent bills ultimately fall on the real estate. Mr. O'Neill states that the Board is trying to improve the laws but everything be done at once. He adds this ordinance will take away some of the responsibility of' the owner that has been in existance. Mr. O'Neill directs the staff to explore the policy of a deposit being required of a new applicant. It is generally agreed that this Board recess for dinner. Mr. O'Neill states this time and date have been set for a public hearing regarding the location of mobile homes in residential, conmerical and industrial zones and requirements for such location. Mr. Micas explains the proposed ordinance and what the changes would entail. Mr. Richard Hartr~n states that there are only a few people present at the meeting tonight be- cause of the negative reaction of the Board of Zoning Appeals to the wishes of the people. He States his trailer is energy efficient, a mobile hc~e is very affordable housing for young families starting out, he feels the Board of Zoning Appeals should not make a decision on this because they were not voted into office, his trailer mmets all the health and safety require- ments in the County and feels he ~hould not be told where he can and cannot park it, that he was brought up thinking' g that all Ammricans are equal regardless of the price of their home or trailer, etc. Mr. Leo Myers states he asked that anyone who had a trailer in Bermuda District that was a nuisance, to let him know and he would investigate the matter but none were brought up. He states he feels the Board of Zoning Appeals shoold not make a decision on this matter either, since they cannot be approached by anyone. He states he agrees with changing the 2 year per- mits, but feels a lifetime is too long. Mr, Dodd states if this ordinance were adopted, Chester- field residents would still be better off than the residents owning mbile homms in counties adjacent to Chesterfield. He states he realizes these requests are more from financial neces- sity and are factors of life rather than hardship in sc~ne instances. Mrs. Lohr states some people are pleading hardship and the cases involved do not involve hardship at all. Mr. Bill - - Franklin states he does not feel the citizens of the County should be asked if tbm reason they are applying for a mobile home permit is because of scme hardship and what the hardship entails, Mr. Bookman states there is a Mobile Home Ordinance which would seem that someone hed enough farsightedness to realize a need for people to own their land and have mobile homes placed there. He adds that the mobile home industry has not seen fit to begin development of this type of situation at this time. Mr. O'Neill states he feels there has not been enough indication to him that a change is needed. Mrs. Girone states hse has only heard from one person regarding mobile homes and she, too, questions the need for a ch=nnge at this 'time. Mr. Dodd states he would support a motion with the ordinande remaining as it is but changing the two year permit to five years. It is on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that the following ordirmnce be and it hereby is adopted: An Ordinance to Anmmd and Rmenact ~9-5 and 15-4 of the Zoning Ordinance of the Code of the County of Chesterfield, 1975, as Amended, Relating to Mobile Home Permits in Residential and Agricultural Districts. BE IT ORDAII~D by the Board of Supervisors of Chesterfield County: (1) That §§9-5 and 15-4 of the Zoning Ordinance of the Code of the County of Chesterfield are amended and reenacted as follows: Section 9-5 Required conditions. (1) (2) Lot area. Each dwelling, together with its accessory building, hereafter erected shall be located on a lot having an area of not less than seven thousand (7,000) square feet and a front widthof not less than fifty (50) feet. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than thirty per cent of the area of such a lot. (3) Front yard. Each lot shall have a front yard having a depth of not less than thirty (30) feet. (4) Side yard, Each lot shall have two side yards, each having a width of seven and one-half (7~) feet provided, however, that on any lot which was under one ownership at the time of the adoption of this Ordinance (1945), which lot has a front width of less than fifty feet, and when the owner thereof owns no adjoining land, the width of each side yard my be reduced to not less than ten per cent of width of such lot, but in no event shall the width of either side yard on any be less than five feet. (5) (6) Corner side yard. Each corner side yard s~mll not be less than twenty-five (25) feet, except that (a) Subdivision lots recorded prior to April 1, 1974 shall observe corner side yards of fifteen (15) feet and Co) corner lots back to back withanother corner lot shall have a corner side yard not less than fifteen (15) feet. ~Rear yard. Each lot shall have a rear yard not less than twenty-five (25) feet in depth. Mobile Homms prohibited except under certain conditions. After the effective date of this Ordinmnce (7-1-71) no premises shall be used for the location of mobilehomes, provided, however, that nothing herein shall prohibit those persons who have located a mobile home in an R-7 District by virtue of a permit previously granted from applying for a renewal of said permit so long as it may be granted consecutively by the Board of Zoning Appeals, and provided further that after the effective date of this Ordinance a mobile home permit may be granted for the original location of a mobile home in an R-7 District bv the Board of Supervisors, which mobile bx~e permit shall specify the location of such trailer o~ the premises and assure compliance with healthand sanitary requirements of the county. The mobile home permit shall be valid for a period not to exceed five years. At the expiration of the timm specified on the mobile home permit, an application may bemade for renewal of the mobile hommpermit. The Board of Supervisors and the Board of ZoningAppeals my take action on such applications without prior notice being published in a newspaper of the date the respective Boards will act on suchapplication and no notice to adjoining landowners shall be required unless directed by the Board of Supervisors or the Board of Zoning Appeals, respectively. Section 15-4 Uses allowed by Special Exception, subject to the provisions of Section 27-5. (a) (c) Ayes:' Mr. Sane as specified for R-40 District. Individual mobile homes for a period not to exceed five years. At the expiration of the five year period a new application my be made for a new Special Exception. The Board of Zoning Appeals may take action on such application without prior notice being published in a newspaper on the date the Board will act on such appli- cation and no notice to adjoining landowners shall be required unless directed by the Board of Zoning Appeals. Outdoor advertising signs subject to Section 24.2-5. O'Neill, Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr. Dodd. It is on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that the following ordinance, having been legally advertised for a public hearing at this time, be and it hereby is adopted: An Ordinance to amend and reenact Section 6-4 of the Code of the. County of Chesterfield, 1975, as amended relating to Building Permit Fees for Mobile Homes. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 6-4 of. the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 6-4. Permit fees. (a) Generally. Unless otherwise excepted, no permit to begin work for new construction, alteration, removal, den~lition, or other building operation or construction required by the .severalprovisions of the Virginia UniformStatewide Building Code shall be issued until the fees prescribed in this section shall have been paid. No amendment to a permit necessitating an additional fee because of an increase in the estimated cost of the workinvolved shall be approved until the additional fee has been paid. Ail such permits shall be issued bythe building official on forms approved and furnished by his office. The fees for permits shall be basedupon the project cost in accordance with the following schedule: (1) Building: Basic building, including signs, two thousand dollars or less ............................................... $10.00 Each additional thousand .............................. 2.50 b. Demolition ............................................ 10.00 c. Moving or relocating buildings ........................ 10.00 d. Septic tank ........................................... 25.00 e. l~bile home, including building, electrical & plumbing. (2) Mechanical: 25.00 Heating or air conditioning, two thousand dollars or less .......... ~ ................... 10.00 Each additional thousand .............................. 2.50 (3) b. Replacement of oil or gas tanks over ten gallons ...... 10.00 c. Replacanent of hot water heater ....... ~,~a~,~.~J~. Plumbing: , a. Basic plumbing, four traps or less .................... 10.00 Each additional trap .................................. 1.50 b. Water, sewer and septic tank connections .............. 10.00 c. Wells (4) Electrical: 10.00 a. Basic electrical, one thousand dollars or less ........ 10.00 Each additional thousand .............................. 5.00. b. Elevator/escalator, one thousand dollars or less ...... 10.00 Each additional thousand .............................. 5.00 (5) Electrical and plumbing cards: a. Master card, annually. ................................ 5.00 Examination 20.00 b. Journeyman card, annually ............................. 5.00 Examination ........................................... 10.00 (b) Exemptions from fee requirement: (1) No fee shall be required for building permits for construction when the cost of such construction is less than five hundred dollars and such construction would not involve securing any other permit as required by section ll3.01 of the BOCA Basic Building Code. (2) ~ fee shall be required to be paid for permits to be issued for the construc- tion of buildings designed for and used to house religious assemblies as a place of worship. 158 (c) Filing certificates of ~ost; adjug~m~%t of fe~. Upon conpia~ian of any building or constructic~ for which ~ paz~it is required unde~ the provisions of the Virginia Uniform wide ~il~ing Code~ the appliaaat sh~ll file with the building official on forms for~ished by additional f~ paid or ~ refund County Administrator