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04-10-85 MinutesMOA~D 0P SUPERVISORS MINUTES April 10, 1985 Supervisors in Attendance: Mr. G. H. Applegate, Chairman Mr. Jesse J. Mayes, Vice Chairman Mr. Ratty G. Daniel Mr. R. Garland Dodd Mrs. Joan Giro~e Mr. Richard L. Hedrick County Administrator Staff in Attendance: Mr. Stanley R. Balderson~ · Dir. of Planning Mr. N. Eo Carmichael, Comm. of Revenue Mrs. Dor~s DeHart, Legislative Coord. Mr. William Digqs, Real Estate Assessor Mr. Phil Hester, Dir. of Parks & Rec. Mr. Robert Hodder, Building Official Mr. Elmer Hodqe, Asst. County Administrator Mr. William Mowell, Dir. of Gen. Services Mrs. Mary Lou Lyle, Internal Auditor - Mr. Robert Masden, Asst. Co. Admin. for Human Se~ice$ Mr. Richard McElfish, Dir. of Env. Eng. Mr. R. J. McCracken, Transp. Director Mrs. Mary A. McGuire, County Treasurer Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Dir. of Newm/Info. Services Mr. Jeffrey Muzzy, Asst. CO. Admin. for Development Mr. E. O. Parks, Dir. of Data Processing Mr. Lane Ramsey, Dir. of Budget & Acctg. Mr. M. D. Stith, Jr., Exec. Asst., Co. Adm. Fir. Charle~ Watson, Ccmmonwealth'~ Atty. Mr. David Welchons, Dir. cf Utilities Sheriff Emmett Wingo, Sheriff's Dept. Mr. Applegate called the meeting to order at the Courthouse at 2:05 p.m. (SST). WORK SESSION - BUDGET Mrs. Mary A. McGuire, County Treasurer, reviewed new innovations and accomplishments within her Department during 1985, discussed the increased work load resulting from growth, reviewed County employees per capita for 1980-81 and 1984-85, reviewed requemts 85-216 for personnel and equipment in the 1985-86 budget, etc. Mr. Ike Ca,michael, Commissioner of Revenue, reviewed with the Board two major concerns addressed in his p~oposed Budget which were Space renovations and an additional full time receptionist. Mr. Ron 5ivingston, Clerk of Circuit Court, reviewed interest earned on accounts for local f~nd$ during the year. He discussed the automation in tho Clerk's office and the need for continually updating and inareasing microfilming equipment. Be requested approval of two printers as add backs in the budget and explained the process for preserving the microfilm, cost of replacing the existing system and the ability to recover lost or destroyed documents. The Board discussed with Sheriff Bmmett Wingo the health care costs of prisoners and the amount of funds reimbursed by the State. Mr. Charles Watson, Commonwealth's Attorney, was present to discuss his proposed budget, but there were no questions by the Roard. ~r. Hedge reviewed the Management Services budget by outlining the current year's hiqhliqhts, the highlights in next year's proposed budget, the personal property proration with regard to estimated costs and increased revenues, the data processing systems, the collection of leaves and grass ~lippings by the Sanitation Department, the various landfill tipping fees, compared landfill alternatives, reviewed internal audit's scope of service~, ~ummarized the 1985-86 budget request, and reviewed Management Services items not funded. (A copy o£ the presentation is filed with the papers of thi~ Board.) There was considerable discussion regarding the landfill situation. Mrs. Girone requested that the staff obtain a cost from Shoosmith as to what he will charge to handle the County r~fuse. After discussing alternatives, Mr. Mayes stated that he would not make any decision with regard to a southern area landfill until he had input from his citizens. Mr. Applegate indicated he would lika the County to investigate incineration alternatives. Mr. Muzzy presented the Board with an overview of the budgets for Community Development which included administration, economic development, planning, building ~nspections, environmental engineering, transportation and utilities. Mrs. Girone indicated the unfunded civil engineer for transportation was necessary because of the planning aspects. Mr. Ramsey stated the budget schedule lists the School Board budget to be adopted on April 24, 1985 with the balance of the County budget adopted on May 8, 1985. He stated that item~ not funded and mentioned by the Board a~onnta to approximately $1,622,000. Mrs. Girone stated she felt it would be unwise to spend all of the County resources. Mr. Eedrick stated there would be a reserve of $6,500,800 as well as funds for the CIP. Mrs. Girone stated she felt the fund balance should be higher. Mr. P~mgey stated they were projeoting $9,000,000 aa a fund balance. Mr. ~odd reminded the Board that there would be no Revenue Sharing Pund~ next year. Mr. Daniel requested that staff prepare a recommendation of where the money could be obtained for the list of items not funded. It was generally agreed another work session would be held prior to final adoption of the 1985-86 budget on May S, 1985. 2. & 3. EXECUTIVE SESSION AND DINNER On motion of Mrs. Girone, seconded hy Mr. Mayes, the Board went into Ex~cutive Session to discuss condition, acquisition, or use 85-217 of real property for public purpoees or th~ disposition of publicly held property pursuant to Seotion 2.1-344 (a} (2) oi the Code of Virginia, i950, a~ amended. vote: Unanimous Mr. Appleqate called the requla~ly scheduled ~eetinq ~e order at the Courthouse at 7:00 p.m. I~ST). 4. iNVOCAT%0N Ur. Applegate in%reduced Reverend John B. HesDh, Parochial Vicar of St, Augushin~'~ Catholic Church, who gave the inv0~a%ion. $. amFNOVAL OF MZNUT~,~ On motion of Pkr. Dodd, seconded by Mrs. Girone, the Board approved th~ minute~ of ~areh 27, 19~8, as amended. Vote~ Unanimous 6. COUNTY ADMI~ISTP~TOR'$ COMMENT~ · Lr. Hedriek introduced and welcomed Mr. Norman ~yde who would be ceve~ing Chesterfield County for WRNL Radio; Mm. Paula Otto, substituting for Eric Allen for WTUR; and Peter Bacqus', substltutinq for Mrs. ~ula Squires with the ~ichmond Tim~s Dispatch. Mr. Masdan sta~ed that the e×pan~ion of the Juvenile Detention Home would be completed by April 22, 198~. ~e stated ~he expansion of the ~ome iea joint venture between Chesterfield and the City o~ Colonial ~eights. ~a seated there will De an additional I0 beds which will allow the County to house 32 juveniles and will eliminate ~he overcrowding eonditlcns. He expressed appreoiation to ~r, D%ve Reev=~ Director of the Detention Eome, and Mr. Jeffrey ~uszy, A~sistant County Administrator for Development~ for their assistance in this matter. ~e invited the $oard to have Lunch with the s~aff and tour the facili~ during a Board session in the n~ar future. 7. BOARD COMMITTEE EEPORT$ There were ne commie=ce reports at this 8, REQUESTS TO POSTPONE ACTION. ~..M?.RG~NCY ADDITIONS OR CHAN~ES IN TEE OI{DEE OF P~d~MENTATION On moaio~ of Mr. Dodd, seconded by'Mrs. Giron~, the Board added Item 13.~,3.c., Authorization %O Proceed with Conde~ation of Thre~ Parcels 0% Lan~ ~or a Water Tank Site, because of the emergency nature of the issue; ren~pre~ l~.~.4.b., ~equ~st from C & p for Easement to Bury Underground cable Ac=o$~ County an~ rmnu~rsd 13.H.4.c., Approval of Change Order for Falling Creek Waseewater Treatment ~lant Expansion as 13.H.4.b.; and adopted the agenda as amended. 85-21~ .. EARL T. INGRAM, IV, EAGLE SCOUT · Applegate introduced and congratulated Mr. Earl T. Ingram, .at~d in tho past the Board has not ~ad a policy of adopting ~hooi; and I~R~A$, it is known and recognized that this is an honer that [st be earned over a long period of time, requiring physical :ills, and knowledge and training in 24 different eate~ori~: ~d I~REA~ he has proved to his leaders that he is a good citizen ~at will remain with him iorever. ~, ~RE~EFO~E, BE IT ~$OLV~D that the Chesterfield County ~oard ]ram, Iv aud acknowledges the good fortune of the County tu ~v~ such an outstanding youn~ man as one of its citizens. id introduced members of his family who were present. B. DECLARING NATIONAL STUDENT LEADERSHIP WEEK StiLt $%~ed ~h~ National Junior H~nor Society Of Salem iurchMiddle School had that the Board declare April -!6, 1985 as N~ional Student Leadership Week, 19~8. He htroduced MS. Yvonne Stoneburner; M~. Cynthia Mohr and M~. ~bbie Sharkey of Salem Ckurch Middle School who were pre~ent. n motion of the ~oard, the following r~s~tu~ion was adopted: H~R~A$, the ~a~ional Junior ~onor Society of Salem Church ~iddle chuol believes in excellence in education and suppor~in~ ational Student Leadership Week~ and aka an active stand in society and school by demonstrating %he mDortmncu of ~×%ra-ourr~ou%ar activities. Ow, THEREFORE, BE IT RESOLVED that the ChesterfieL~ Ccunt~ ~oard f Supervisors supports th~ National Junior Honor Society and its ffortm by declaring April 22 - 26, 1985 as National Student eadcrship Week. ore: ~nanimous ~. Applega%e prem~nted =he executed resolu=ien to the epresentatives present. .C. F~DE~ATION DAY OF THE GENERAL F~D~ATION OF WOMEN'S CLUBS rs. Mitchell introduced Mrs. ~lizabeth W~lchcns, Pras~nt 6f he Lee DisCrict of the Virginia Federation of Women's Clubs. he s×premsed appreciation to the Board ~or its support in the Federation's volunteer work. She briefly outlined their purpose and membership. On motion o~ the Board, the f011owinq resolution was adopted: W~EREA$, citizen volunteerism 'encouragau individual development, enlists group support for community projects and Supports legislative action programs and provides countless Zervices for ~oci~ty; and W~EREAM, the Virginia Federation of Women's Clubs is a member of the Generel Federation of Women's Clubs, the largem~ add oldest nondenominational, nonpartisan, international service orqenization in the world; WMEREAM, the General Federation of Women's Clubs has an outstanding record of accomplishments and contributions in eultural, educational, philanthropic and environmental areas; and WIEREAS, the Chesterfield County Board of Supervisors NQW~ THEREFORE, BE IT RESOL~rED that the Chesterfield County Board mn ~eoo~nition of the many aecompli~hment~ of its volunteer ~embers on the occasion of the organization's 8$th Anniversary. Vote: Unanimous '- ~r. Applega~e presented the e~ecute~ resolution to Mrs. Wetchons and r~coqn£~ed other men,sere of the Federation who were present. 9.D. ~A~ION~tL VOLUNTEER WEEK Face. DeEart s~ated the County ~s a far better place to live because of the many veluabl~ contributiOnS ~y volunteers in almost every department in the County, She introduced The HonoFabia John Thomas, Jndge o~ Juvenile and Domestic ReIa~ions Court, who has ~een a leader in one si the most successful ivolun5eer programs, the "Guardian ad Lit~m." Judge ~homas !explained the pro~rem which icvolves lawyers Or wolunt$er~ obtaining information about children~ parents, foster ~arents, e~c. ~or the Social Services Department and the Courts system. assistance in Obtaining volunteers fei the program. of their time an~ talents ~o serve %belt neighbors and fellow the basic necessities of life for its people; has enabled our with dignity; and has snarled all our sitizens to enjoy cultural opporttRkitia~ that would not otherwise be ava~lable~ ~Ad they serve, including their own: and ~EM~AS, we recognize tk~t a community's ability to care for and ;forest its own sendm forkh a m~ss&ge of unified strength and commitmen~ to the continued wall-being cf the Community. NOW, T~EREFOR=, ~= IT RZ$OLV~D that the Chesterfield Co~nty Board of Supervisors hereby proelai~m April 22 - 28, 1985 as Voluntmer Week in Chesterfield County, and invites all citizens to hono~ 85-~20 /-% and to emulate the fine i~ivlduals who h~lp their community by their volunteer ~erviees. Vote: Unanimous Mr. Applegate presented Judge Thom~ and 14rs. DeHart with the HEARINGS OF CITIZENS ON UNBCREDUL~D MA~T=BS OR CLAIMS Mr. Medrick stated there were ne ¢itisen~ scheduled ~cr thia meeting. Mr. Applegate introduced and welcomed The Honorable John ~atkin$, Representative to th~ House Of Delegates Ion Chesterfield County, who was present at the meeting. 11. DEFERR~ ITEMS ll.A. ORDTH;t~CE RELATING TO R-7 R~SIDENTIAL ZONINS CATEGORY, ~UJLTI-F~J~ILY HOUSING ~D TO~/~ECUSE~ Mr. Micas stated that ~hen the ordinance relating ~o R-7 Residential coning ca~egory, multi-~amily housing and townhouses was originally presented, the Board requ~stmd that staff inventory the parcels affected by the changem which has not been accomplished at this time. Re requested that the matte~ be deferred until May 8, 1985. On motion of Mrs. Girone~ seccnd&d by Mr. Mayas, the Bear~ deferred discussion of an ordinance relating to R-7 Rmsidential zoning ~ategory, multi-family hcumin~ and townhouses until May 8, 1985, Vote: Unanimous ll.B. C~OVER RILL DISTRICT STREET LI~T I~STH?.%.~Ti0~ COSTS Mr. Mc~lfish sta~ed the Board had deferred consideratio~ u£ street light installatlon cos= approvals in ~lover ~ill District from March 13, 1985. Mr. Apple~ate requested ~hat this matter be deferred until July 10, 1955 when the street light fund accounts arb refurbished a~ hi~ account is depl~e~ at ~his time. Qn motion of Mr. Appleqa~e, s~conded by Mr. M~yes, th~ ~ard deferred consideration of ~treet light in~tallatlun ousts approvals for Creekweod until July 10~ 1985. ll.C. ZONING ORDINANCE AMENDMENT - SIG~ ~GULATIONS Mr. Balderson stated e work session and public hearing had b~en held on'~a~sh 15, 1985, regarding au ordinance to amend ~ig~ regulations. Ha stated public comment was closed at that time hut there are a ~umber of people who have indicated a desire =o add~e~ the Board tonight. Re grated for the Board's information, the Planning Commission ham reviewed the ordinance and recommended approval. Mr. Applegate stated the Board appreciated those present for taking the tim~ tO come ~o the meeting to reprement their views. Es stated the public hearing wa~ duly closed at the M~SCh 13, 1985 meeting and he has mixed feelingm about not allowing everyone to speak as it is a very cont~ovansiaI issue b~t th= County Attorney advi~e~ that the Board does not have the prerogative to ~eopen the hearing. He stated the matter will have to come before the Board and hs woulg allow Board members to address people in the audience with specific questions. When asked, approximately lO0 people 85-221 Stood in favor of the proposed ordinance and approx±mately 26 people were present in opposition. ~Lrs. ~irone stated that although =he public hearing was closed, this iea new meeting of the Board and asked if the Beard could listen to th~ publi~ on the issue even though the formal hearing has been closed, Mr. Micas stated the Chairman always has the prerogative to recognize anyone from the public~ however, the Board formally and legally closed the public hearing and the extent to which tho Board allows the public to address %h~ pros and cons of the ordinance, jeopardizes the legal defensibility cf the former public hearing. He stated specific, individual questions can be addressed tO %he public. Mrs. Girone stated viewpelnts were to be expressed tonight which the Board has not otherwise heard. Mr. Micas stated he felt the only ether option would be to defer the public hearing and readvertise it if it is to be reopened for public ce~ent. Mr. Daniel stated questions could Be a~ked which would bring th~se viewpoints out. stated that he felt rte hearing should not be reopened as some people are here but other~ are not who were present at the ~ublic hearing last month. Mr. Applegate stated he felt the Board shout~ heed th~ advise of the County Attorney to preserv. legality uf the hearing hel~ previously. ~s. Giron~ moved that based on the hea=~ng of last month~ Zoning Or~nance amendment race--ended by the Planning be adopted wi~h ~he following am~n~ent~ to the general uign for a period of ~ix months in accordance with an approved ~i~ permit. There shall be a ~ee of $100 per sign p~id for th~ f~rst an~ each ~cce~Pive six month period. ~. An outdoor advertlsinq ~iqn shall b~ contlnu~d by right in a ~d further thaa %he special sign district be approved in ~i~lothlan District on Route 60 from Courthouse Road to th~ P~hatan County Line. obtain ~ome order and make this a bett~r place to live. She stated she though= this would address =he concerns of th~ ~all businessmen a~ well as the time constralnt~ for Mr. Dodd ~tated the County AttOrney ha~ indicated tha~ the included in the ordinance. ~rz. Girone ~%atpd that she would ~ithdr~w the fee r~ferencm and amend her mo=ion to include only the following changes to the Planning 1. That one portable sign per parcel or 10t shall b~ permitted for a p~ricd of six n~onths in accordance with an approved 2. ~ outdoor advertising ~ign ~hall ~e continued by right in General Business B-3 District. And further that the sp~clal sign district b~ apDrove~ ~n Mi~tcthian Dimtrict on Route 60 from Courthouse Road %o the Powhatan County Line, as advertised. ~. Dcdd seconded by ~tion. In response tO a question, Mr. Balderson explained the d~finitionm of port.to ~md temporary sign~. S5-222 regarding this issue. He sCa%ed he is concerned with quality of life in the County and the image that the County has. He stated that most everyone speaking at the ~l~bli0 hearin~ indicated ~omething should be done to improve the image cf ~idlothien Turnpike but that first the laws that exist should ba enforced, H~ stated he did not feel the proposed motion addresses the an~we~ to the sign probl~ in the County. He reviewed the history of the request and how it b~gan. He stated amendments were prepared which he did not even see until today. Be stated every Board member could Create its Own sig~ district through zoning, and be as restrictive as necessary.. ~e Stated ha did not feel adoption of this ordinanc~ would eliminate the existing problem. Eaatated he also did not feel there should be two sets of laws for the County because if it is good enough for one area, ~t i~ good enough ~r another. ~r. Daniel offered a substitute motion that the County staff enforce the exi~tlnq ~ig~ o~dinance for oas year and review the reco~I~,endation of the Planning Commission as far a~ new zoning when requested. ~e ~tated everything that has been said, mailed, otc. should be ~eviewed thoroughly with recommendations after a one year period. He ~eated restrictiun~ could he placed during zoning. ~r. ~ayes seconded the substitute ~otion. He s:ated the ordinance that the Board ~a being asked to Consider did not appear in his agenda package and there are quetticns to which he' has act received answers. Mr. Applagace stated that this ordinance i~ for the benefit of the COUnty as a whole a~d there ar~ certain.areas of the County that are different. He stated no one can dispute the fact that Route 10 is no~ Rout~ 50 and he did not feel it is a question of Board strives for County-wi~e benefit and the situation on Route 60 has go,ten out of hand and PI re. Girone requested the Doard try an amended sign crdlnance on Midlothian TUrnpike. He sta~ed he felt that the ~oard might consider ~valuating the proposed sign ordinance ~n Nests 60 from Route 141 to the Pewhatan County Line for one year. ~{r. ~aniel stated as far as the corridor is conoern~4~ the procedures are in place where efgnage can be addressed from guide. He stated he felt enforcement of existing ordinances further than only the Route 6Q corridor but he felt the Beard should try the enforcement first and address the Corridors later. Mrs. Girone stated that dealing w~%h each individual case has b~sn exactly the lack of planning that h~s brought ~he Board to ~he horr~nd0u~ corridor on ROut~ 60 and thi~ needs to be resolved. She stated land~ner~, busine~snen and developers support this as well as hundreds of r~sidents in Midlothlan District. she s~ated merely enforcing what exists n~ will nO% work. ~. Zayes stated his second =o ~he substitute motion did no~ mean he did not have an appreoiati0~ f0~ th~ sign sit~ati0~ on ~ute 60, but he was concerned that the Ordinance he i~ about opportunity to improv~ their act and there ~uld be a Midlothian Sign District for=teeming. ~e stated he ha~ no problem with the Midlothlan Sign Di~fi~ which could be trie~ and reviewed. He stated he felt we are soming in a~ tko last minute, as =he Beard Nidlothian Sign District. Mr. Daniel stated even ~taff has 85-223 raised. Mr. Daniel amended his substitute motion, and Mr. Mayas accepted the a~endment, to resolve that the existing Zoning Ordinance regulations relating to signs Be enforced, that a Midlothian Special Sign District be established from Courthouse Road to the Powhatan Line on Route 60, that a Route 10 Special Sign District be established from th~ City limits to the Courthouse, tha~ the Zoning re~ulations relative te signs be reevaluated after one year and adopted the following ordinance which incorporated ~hese issues: AN ORDINANCE ~OAF~NQ THE CODE OF THE COUNTY OF CRESTEP~IELD, 1978, AS ~%NL~DED, BY ENACTIN~ DIVISION 7.1, S~OTION$ 21-63~1 THHOUGH 21-63.5 RELATIN~ TO BE ~T ORDAINED by the Board of ~upervisors of Chesterfield County: Il) That Sections 21-63.5 through 21-63~5 of the Code of the County of Chesterfield, 197~ as amended, are enacted as follows: Division 7.1 Special Sign Districts. See. 21-63ol, ~pe~ial Sign Dietriets. Sections 21-59 through 21-62 of this Code notwithstanding, this divieion shall apply %0 sign~ located in the following special ~ign districts: (a) The U.S. Route 60 special sign distrlc~ shall include ell parcels of land locate~ within 300 fee~.o£ the closest · urnpike} b~tw~en State Route 86S ~Grove Road) end tbs Powhatan/Chesterfield County line, unless the parcel on which the sign is located extends further than 300 feet, in which case the special sign district shall include such additional property for a ~aximam depth o~ 1~00 (b) The ~out~ lO special ~ign district shell include all parcels of Land located within 300 fe~h of %he closest boundaries of the right o~ way o~ State Route 10 between th~ Chesterfield County/City of Richmond lin~ and the intersection of State Route ~0 (Iron Bridge Road) and State'P~ute 145 {Centralia Road), unless the parcml on which the sign is located extends ~urther than ~oo feet, iR which ease the ~pecial sign district shall include suck additional property for a maximum depth of 1500 feet. See. 21-63.1:1. Definitions. For the purpose o~ this division, the following words and phrases shall have ~he meanings ascribed to them b~ this section. All other words and phrases Ehall hav~ the meanings ascrlbe~ to them by section 21-3: Office Park. g development that contains three or more ~eperate oi£iee buildings planned, developed or managed as a unih xalated in location, size and types of uses to the area that the unit serves and providin9 On-site parking in ralationzhip to the ~ypes and sizes of ~ho~ping Cente:. A development that contains thr~e o~ more commercial establishments planned, developed er managed as auni= related ia location, size and type of shops to the area that the unit serve~ and providing ce-site parking in relationship to the Sign. A~y display of tec=ers, figures, designs, device~, ~ictures, tcgos, emblems, insignia, numbers, lines or oolors, or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. The flag, emblem, 8~-224 O) insignia, poster or other dfsplay of a nation, political unit, ~du~ational, oh~ritabler religious er similar group, campaign~ ~on-profit drive or event~ or the architectural features or :haracteristics of a building which do net have an advertising ~essage on or as an integral part thereof, shall act be included 4ithin %he meaning of this definition. ~er shall any of the )reviously m~ntioned displays he included within the meaning of ~his 4efinitien when such displays are located within a building 3r other enclosure and are not visible from tko exterior of the ~uilding or other enclosure. Sign area. The area cf a sign shall be determined from its )ut$id~ measurements, including any framing, trim er molding, but ~xcluding the height and width of suppOetZ and supporting struc- ture. For the purpose of computing area, a sign consisting of :we or mere sides~ whore the interior angle between any of the ~ides exceeds sixty degrees, each side shall be ceun=ed when =omputing sign area. Th~ following diagra~ shall be utilized a~ guide ~or calculation of sign area. Sign, business. A sign which directs attentiom to a )usiness, commodity, service or other activity oonduc%~d upon the )re~ises upon which th~ sign is located. Sipm, flashing or continuous r~ader board. Any sign lap!eying flashing or intarmitte~ lights, or other lights of changing degree of intensity, brightness or color, or ele=t~onically moving copy. Thi's definition shall not apply to signs which display public service information much am time, date, temperature, weather, or similar information provided the message does not change more frequently than once every ten SE__g.~_.hp_i_~ht. The vertical distan0e from the street grade or th~ average lot grade ~% the required ~inimum front setback line ~or signs, whichever allows for the greater height~ to th~ high- ~t point of the sign. The following diagram shall be utilized in the calculation of sign height. 8§-225 Sign illuminated. A sign illuminated by artificial means ~ith~ internally or externally and directed towards the sign_ Sign ~ortable. Any sign not p=rmanently affixed to ~round nar to a building, which is d~signed or cons:rusted in ~uch a manner that it can be moved or r~lccated without involving sny structural or support changes (inc%uding any sign attached to Dr displayed on a ~ehiclo that is used for the express purpose of advertising a business establishment, product, or service~ when the vehicle is parked so as to attract the attention o~ the motoring or ~edestrian traffic.) ~ec. 21-63.1:2. Permi= required. A County sign permit for all signs over six square feat in ·rea ~hall b~ required. ~ec. 21-63.1:3. General r~ulations for all The following ~hall apply to all (a} A~pllcable State and Federal sign controls. (b) A~plication~ for permits shall b~ submitted on forms obtained at the office of the building inspector. After the Building Official insur¢~ that the application complies with the requirements of the Unifuzl~ Statewi~e sullying Coda, he shall forward the application tO the Department of.Planning, which shall check for compliance with the regulations of this chapter.. Onc~ complianc~ i~ determined, tho application ~haL1 be returned to the Building Official, who ~hall issue the sign peYmit. Each application shall be accompanied by plans, showing the size, location and property identification. In the case of projecting signs and outdoor advsrtislng structures, complete specifications and methods of anchoring and support ~hall be requife~. ~ach ~ign and outdoor advertising s~ructure shall have the permit nut,bar and date of issuance affixed. window, door, fire escape, stairway, la,der or opening intended to provide light, air or ingress and ~gress for any buildlng sr (d) Whenever a sign or sutdoor adver:ising becomes ~tructnrally unsafe ur endangers the safety of a building or premises cr endangers the public safety, it shall be made safe or removed in accordance with the Unifo~ Statewide Building Code. (e) Wher~ permits are required, all signs shall be sst back right of way lines unless a gremter setback is specified. Along roads which have proposed right o£ way expansion as delineated in the General Plan for Chesterfield County, signs erected after the delineation of such roads on the elan may b~ located within the proposed riqht of way. Once the proposed right of way is acquired, all signs erected after ~he delineation of such roads on the Plan mu~t be ~et back the required fifteen fOOt minimum (f) Sign lighting shall be pesitioned and shielded so as to impair the vision of any motor vehicle operator or cause dlr~et glare into or upon any property other than tbs property to which the sign may be accessory. (gl No sign or billboard shall be used cz permitted to )ortray information of an unlawful nature. (h) Portable Signs, as defined, shall not be permitted on temporary or permanent basis in any zoning district. Sec. 21-63.2. Signs permitted--R, A, NH-1 and ~H-2 Di~tricts. 85-226 The folIQwing signs ~h~ll be p~mi~ted in the R, A, MM-1 and 4M-2 Districts; and ail other siqns shall he prohibited: (a) One sign not exceeding one square f©o~ in area, Ldenti£yinq a dwelling, £t~ o~oupant, its location, cra ~ustomary incidental home occupation. (b) One nam~ sign or bulletin board not excsedin~ twenty ~quare feet in area ~o= any club~ Church, school, or other publi~ )r semi-public institution, which may be ~xternally illuminated, )r in~erna!ly illuminated if th~ si~n field is ~paqu~, with hranslucent letters or symbols. (c) One t~mporary real ~st~te siqn, not exceeding four ~quare feet in area, adverti~in~ the sale or r~nt of the ~enty feet fro~ the nearest corner cf a stxe~t intersection, ~hall not be illuminated, shall be neatly painted or maintained, lad shall be removed within ten days after th~ transfer Of title >r r~ntal of such property. (d) Temporary off-site real o~tate signs, not exceeding two ~quare ~eet in area, directing the way tO premises which ere for !sale or rent. such signs shall be limited to one per (lot} of land, with no mere than ~hree signs along any one street, set bask et least fifteen feet from the ed~ of th~ right of way~ Such sicnm mhall ~e placed on a structure designmd for the sole purpose o~ suppo:tin~ the sign and such signs ~halt b~. properly printed Or painted and maintained and shall ~e removed within ten days after th~ transfer of title er rental of such property. (e) Signs displayed for the purpose Of ~arm identification shall be located on th~ farm p~emises, shall be sst hack at shall be neatly painted o~ printed an~ maintained and shall not DO illuminated. The total aggssgate area of all ~ign~ shall not ~f) One temporary sign adverti~inq the sale of farm be less than fifteen feet from any street right of way or lot [g) Directional signs not over three square feet in area, indicating the location of churches, schools, hospitals, parks, printed, p~rtaining to n ~ingle place, shall b~ displayed along be removed from th~ p~emises upon Occupancy of the building or thirty~two square feet in ar~a, advertising a residsntial development project, provided such si~n is removed when eiqhty percent of the dwelling unit~ in the project are oscupi~d. area or ten feet in overall height, identifyxng the name and ~armltted on the pre~mises for each separate street entrance to ~he d~velopment. (k} Illumin&ted ~igns shall be illuminated by external or nternal lighting. External Lighting shall be limited to light ~ixtures utilizing wt%~te, not colored lighting ~nd ~hall not be )linking, fluctuatingt or moving. Internal lighting shall be .imited ts internal light whloh silhouettes behind opaque .utters, lighting contained within translucent lette~r and .nternal ill~inate~ sigD bo~s, provided %h~ background ~ield, on which tho copy and/or logos are placed is opaque. The ~rea illuminated is ~estricted to the sign face only. {1) An ahandnne~ sign shall be removed by the owner of tbs ;~gn cr the owDer of l~ee of the property. Any sign located on ~rope~ty which becomes vacant and is unoccupied for a period ~wo (2) years or more shall be conclusively deemed abandoned. If ~la~niag shall give the owner fifteen (15) days~ written notice :o remove it. Upon failure to comply with this notice, the lirector of planning may initiate guch action as may be necessary :o gain compliance with this regulation. (m) Outdoor advertising signs shall be p~rmitted in the ~grloultural district subject =0 obtainiDg a ¢ondibional u~. ~ec. 21-63.3. Same 0 and B-1 Districts. The following signs shall be permitte~ in the O and D-1 (a} ~y sign permitted and a~ regulated in the R, A, and MH-2 Districts. (b) On individual parcels or lots one ~raostanding business sign per parcel or lot not exce~dlng one hundred square feet in area is permitted on the premi~e~ in ali business districts. where the ~ide or rear lot lin~ adjoins an '~R" District, the exterior signs s~all be attached flst against the building and shall not face the adjacen~ lot located in an "R" District unless such ~ign is located at least one hundred and fifty feet ~rom the ~R'~ ~istriot. B~siness signs ~ay be intmqral with or attached to the main building and shall not project from the building or appendage moro than eighteen inches. The aggregat~ ~ign area of all business zigns on any one lot shall not exceed one square fcc% for each two fee= of lot frontage (on corner 10t~, either the front lot line CT th~ corner ~ide let line~ but not both, may be used to oom~ut~ sign area, regardless of the ro~d classifica- tion) provided that a minimum of twenty square feet or a maximam of one hundred fifty mquare £eet shall ba permitted. s~gns shall not exceed twenty-five feet in height or the height of the buildinq~ whichever is g~eater, ocher than on the one frae standing business sign, sign letters or numbers shall not exceed bwenty-~cur inches in height plus two inches for fifty ~eot of yard setback. (c]' In shopping ¢~nt~r~, office parks or similar grodps of buildings, one sign not exceeding one hundred ~guare Ieet in area an~ twenty-rive feat in height, iden=ifying the development and announcing only the n~me or location of the shopping center or center or office park frontm along two major artcrial~ ss indicste~ on the Chesterfield General Plan, as ~mended, a AL1 individual business signs wi~kin a shopping copter or office >ark ~hall be attached to the main building or major appendage including, but PQ~ limite~ to canopies, marquees ~nd awning~. ~ere the side or rear lot line adjotn~ an "R" District, the exterior signs ~hall be at~achsd flat against the building and shall not face the adgac~nt lot in an "R" District unless such sign is located at l~ast on~ hundred and fifty feet from the ~'R" District. N0 Sign shall project more than ~ightaen inche~ from =he building or major appendage. Other than on th~ permitted ~reestanding signu~ sign letters or numbers shall not exceed twenty-four inshes in height, ~l~s two inches for every fifty ~e=t of yurd setback. The aggregate si~n area of all business ~igns for any eno business shall not exceed one ~quare foot for ~ach two feet of store frontage provided that a minimum of twenty ~quare feet and a maximum of one-hundred fifty square feet shall ~e permitted. (d) Directional signs indicating leoation of truck ~ntrance~, employee parking~ shipping and receiving, and ~inilar ~ctivltie~ provided, that all such ~igns are located on the )roperty of the businesa and no such sign e~ceedn ten feet in heigh% and five Square feet in area. {e) No sign shall be higher than the roof line or parapet wall of any building for which the ~ign is prQpO$~d. A sign ma~ be attached to the facia of a ~hed roof of e ~tructure but may not bc located so as to extend above the ~ppsr odg~ of the facia of ~aid shed roof. Also,a sign may be attached to bh~ facia of or located on the sloping =oaf o~ a str~ct~r~ b~tmay not be located so as to extend more than iour feet above the lower edge of said sloping roof. (f) T~mporary, on site real estate signs may be increased (g) A shopping cente~, office park or similar group of each ~ajor entrance. Such ~i~n(s} shall bs limited to i~untliying and providing directional ~nformat~on'to the individual businesses located within the shopping center, office park, or similar ~roup el buildings. This sign area shall not exceed twenty square feet in area and eight feet in height or iocate~ within a complex so as to be a traffic and/or safety hazard. Sec. 21-63.4. Same--D-2 and B-T The followin~ ~igD$ ~hal~ be pe~ittad in th~ B-2 and Districts: (a} ~y S~gn~ pe~itted and as regulated in Suction signs on any one lot may be increased to 1.75 s~a~ feet for each two feet of lot or building (~hopping c~nter) (b) Flashing and continuo~ reader bear4 signs subject to obtaining a conditional use. con~itioaal u~. Sec. 21-63.5. Same--B-3, M-l, E-2 and ~-3 The following signs shall be 9e~tt~d in %he 5-3, M-l, and M-3 {a) Any ~gn perm~teed and as regulated in ~ctio~ 21-63.4; except, that the aggregate s~gn area for all bus~n~s~ ~gns on any one lot may be increase~ to 2.5 squ~re fee% ~or each two feet oigns ~hall not exceed eight feet in height above the roof kine ~. Applega=e s=a~e~ =he enforcement of the existing o~dinance may cause some problems but requested that ~h= businmss~n, etc. be an integral par~ as'their input will be ~nvalu~le at the end of the year. 85-229 Reconvening: 12. PUBLIC HEARINGS 12.A. ©~DIMAMCE ABLATING TO SITE P~AN~ Mr. Redriek stated this date and time had been advertised for a public h~arin~ to consider an ordinance ~latin~ to site plans. pre~en% to discuss the matter. On motion of ~r. Dedd, seconded by Mr. Mayes, %he Board ad~pted the iollowing Ordinance: AN ORDXNANCB TO AMEND T~E CODE ©p THE COUNTY OF C~ESTERFIELD 1978, AS ~, BY ~ING SECTION 21-68 ~LATIN~ County ~ f~llows: Th~ followinq uses re~i~u a site plan when %h~y require a b~ilding permi~ or involve a land area greater than f~ur thousand squar~ (b) ~y land u~ Or development in the O D~stri=t up to and i~¢luding ~-3 District. 12.B. O~INANCE - DIEPOSIT~ON OF UNCLAI~D P~RSON~ PROPERTY Mr. Hadrick stated bhi~ date aAd time kad ~n advertised for a public h~arin~ to consider an Ordinance rs~latlng th~ disposition of unclaimed personal property. Chief Pittmn %he ~oll~in~ ordinance: AN ORDINANCE TO ~END AND ~ENACT T~E COD~ 0F TEE CHE~TE~D, 197~, A~ ~ND~Q ~X ~DING ~ ARTICLE IR WITHIN GH~TER 2 CONTAINING ~ 2-~2 THROUG~ 2-5~ R~TI~G DISP0$IT~O~ 0~ ~C~I~D PERSON~ PROPERTY BE IT O~AI~D by th~ Board ~f S~Dervigors of Chesterfield County: (1) That th~ Cod~ of the Co~n%~ Of Chesterfield, a~nded i~ amende~ by addin~ ~ 2-52 [brough 2-55 as follows: Smc. 2-52. When sale authorized. ~enever ~nclai~d personal p~ope~ty ha~ been in po~$ion of ~he police for a perio~ of more than 91xty days, 85-Z30 As used herein, "unclaimed personal property" ~hall be any ~r~onal property belonging to another which has been acquired by ~ taw~enforc~r~ent officer pursuant to his duties, which is not ~e~ded in any criminal prosecution, which has not been olaimed by its rightful owner and which the state treasurer has indicated ~iI1 b~ declined if remitted under th~ Oni~orm Disposition of ]nclaimed ?roperty Act. ~ec. 2-54. Pro-sale requirements. P~ior to the sal~ of any unclaimed items the chief of police ~hall make reasonable attempts tu notify ths rightful owner of ~he property, obtain from the commonwealth's attorney in writing orosecution, and cause to be published in a newspaper of general ~iroulation in this locality once a w~ek for two successive ~eek~, Do,ice that ther~ will b~ a public sale of unclaimed 0ersonal property. Such property shall be described generally in ~he notice, together wifh the dat~, time an~ place o~ sale. ~ee, 2-55. Disposition The chief Of police shall pay from tbs proceeds of sale the ownership and liens, and publishing notice of sale. The balance of tho funds shall be held by the chiei oi police for the Owner . and paid upon satisfactory proof of Ownership. If no claim has be~n made by th~ owner for the proceeds of s~ch sale wi%hkD sixty general fund of the county, Any such owner shall be entitled to apply to the county within three years from the date of the sale and, if timely application is made therefor, the county shall pay the remaining proceeds of the sale ~o the owner ~ithout interest or other charges. Nc claim shall be made nor any suit, action or proseeding be instituted for =he r~covery of such funds after three years from the date of the sale. 12.C. ORDINANCE REGARDIN~ POLICE OFFICERS AS SECURITY PERSONNEL Mr. Eedrick ~teted thi~ date end tim~ had been advertised for public hearing to consider an ordinance auahorising police officers to engage in Ofi-duty ~mploym~nt e~ 9~cnria~ p~r~onn~l. Chief Pittman was present and explained the ordinance. There was no one presen~ to discuss the matter. On motion of Mrs. Girene, spCended by Mr. Dodd, the Board adop~ed the following ordinance: ~ ORDINANCE TO AMEND CHAPTER 16 VIRGINIA~ 1978~ AS AM~NDED~ BY ADDING $~QTION 16-12 ~=LATI~G TO 0FF-D~TY ~E IT OP~AINED by the Board of Supervisors oS th~ County of Chesterfi=ld, Virginia: (1) That th~ Code of the County of Chesterfield, I978, as amen4ed, is ameade~ by ceding ~he following section: Sec. 16-12. Off-duty employment of policemen and deputy sheriffs. Pursuant to ~15.1-133.1 amended, police officers and deputy sheriffs are authorized to engage in of.f-duty employment that may require the use of thuir 85-231 ~ployment shall be sub~st to ~ules and re~ulation~ promulgated ~y ~he chief of the police departE~t and the sheri~ Her their :espective departments. ~. Apple~ate inqui:ed if there w~re any liability a~Eociated ~ith this as far as th~ County is ooncerned. Mr. ~icas stated :here ars liability concerns but they are covered by the County's ~xisting insuranc~ program. [2.D. ORDINANCE ESTABLISHING TAX LEVY ON CLAE~ES OF PR©PRRTy ~r. Hedrick stated this date and time had been adv~rtise~ for a ~blio hearing te consider a~ ordinance establishin~ the annual ~a~ levy On variou~ ela~sea of property for the County. Tkere ~as no one present to ~iecu~ the matter. )n motion of the ~oard, the following ordinance was AN O~DINANCE TO ESTABLISH THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF ~ROPERT¥ FOR COUNTY OF CHESTERFIELD Be It ordained by the Board of Supsrvisor~ of the County of ~hesterfield that for the year b~ginning on the first day of January~ 1985, and ending on the thirty-Citer day of December~ 19~5, the texan On property in all ~he ~agistezial Districts of the Ceunty of Chesterfield mhall be a~ follows: Sec~ 1. Real PrOperty and Mobile Homes. On tracts of land, lots or improvements thereon and on mobile homes the tax shall be $0.~$ on ~v~ry $100 of assessed value thereof. Sec. 2. Personal Property. (a) On automobii~, trailers, boats, ~e~t trailers, ether motor vehicles and on ail tangible personal property u~ed er held in connection with any mining, ~an~facturing or other business, trade, occupation or profession, including furnishings, furniture and appliances ~n rental units, the tax shall be $3.60 on every ;I00 of the assessed value thereof. ltl On aircraft as defined by ~58-829.5 of the Code of ~irginia, 1950, ag a~n~ed, th~ tax shall be Si.10 on every ~f the assessed value thereof. Sec. 3. Public Eervie~ Corporation Property. {a) On that portion cf real estate and tangible personal ~roperty of p~Jolic service eer~oration~ which has been equalized as provided in Section 58-~1].1 o~ the Code of Virq~nla, 1950, as amended, the tax shall b6 $0.98 on every $100 of the a~ges~ed value thereof determined by the ~tate Corporation Commission. |b) On that portion ef th~ real ~state and tangibl~ per- sonal property o~ public ~erviee eo~po~ations which ha~ not been e~ualized as provided in Section 58-512.1 o~ the Code o~ virginia, 1950, as amended~ the tax shall be $3.20 on every $100 of a~s~s~d value thereof 4eterz%ined by thm State Corporation Commission. (e) The foregoing subsections to the contrary notwith- standing, on automobiles and trucks belonging to such public service corporations the tax shall be $3.~0 on every $100 of assessed value thereof. 85-232 ~ec. 4. Machinery and Tools. On machinery and tools used in a manufacturing or mining )usines$ the tax shall be $1.00 on every $100 assessed value thereof. 13. NEW BUSINESS 13.A. 20,000~000 SEWER AND WATER BONDS ~r. Ramsey stated the 19'84 General Assembly created the Virginia 9ewer and Water Authority, subsequently changed to the Virginia Resources Authority. He stated its purpose in the State of Virginia is to issue debt for sewer and water improvements that ~ill he necessary over the next several years. He stated the ~uthority has hired their Executive Director and underwriters and plans their ~irst bond i~sue in the spring. He stated this is ~uite an accomplishment as in other states it usually takes about four years from the creation of the authorities to the first bond issue. He introduced Mr. Rap Gardner, Executive Director, who was present. He stated the County has been asked to assist the · uthcrity by placing a portion of its water and sewer bond~ with them to help establish the Authority in thc bond market. He stated it should result in the same benefits to the County and nay be more advantageous than going through the market. Mr. ~ardner stated the Virginia Resources Authority appreciates the ' support from the County staff in this effort. Mr. Eedrick congratulated Mr. Gardner for his efforts with the Authority. Dn motion of the Board, the County Administrator was authorized ~o make application to the Virginia Resources Authority for $20,000,000 in water and sewer bonding. Vote: Unanimous 13.B. AIR FAIR Dn motion of Mr. Dodd, seconded by Mrs. Girone, the Eoard ~uthcrized the Second Annual Air Show to be held on the May 18, i985 (rain date May 19, 1985) at the Chesterfield County Airport by the Chesterfield Pilots Association, the Kiwanis Club of Sentral Chest~r£ield and the County Airport, contingent upon !meeting the County festival requirements. 13.C. IRON BRIDGE PARK ITEMS 13.C.1. BIDS FOR PHASE 1 OF IRON BRIDGE PARK On motion of Mr. Daniel, seconded by Mrs. Girone, the Board approved and authorized the County Administrator to execute any necessary documents for Phase 1 of Iron Bridge Park for T & L Construction Company, Inc., for $391,021 which includes base plus alternates 1, 2, 4, and 5 ~or $47,600. It is noted funds have been previously approved for this project. 13.C.2. RECREATIONAL ACCESS PROJECT FOR IRON BRIDGE PARK On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved and allocated $101,000 from the Unappropriated Surplus of the General Fund to the Iron Bridge Park Recreation access project and further the County Administrator wam authorized to advise VDB&T to proceed with the award of the contract for the construction of the access road. 85-233 Vote: Unanimous 13.C.3. IRON BRIDGE PARK VIRGINIA BYWAY DESIGNATION On motion of Mr, Daniel, seconded by Mr. Dodd~ the Board adopted the following resolution: WHEREAS, the Board of Supervisors of Chesterfield County requested the Virginia Department of Highways and Transportation to construct the access road to Iron Bridge Park as a recreational access project; and WHEREAS, the Virginia Highway Commission has approved recreational access fundin~ for this project (Project $701-020-185, M503). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors acknowledges that pursuant to the provisions of Section 33.1-223 as amended, the access road to Iron Bridge Park shall b~ designated as a Virginia byway and recommends that the State 5iqhway and Transportation Commission, in cooperation with the Director of Conservation and Historic Resources, take the appropriate action to implement this designation; and BE IT FURTHER RESOLVED that the Board of Supervisors agrees, in keeping with the intent of Section 33.1-63, to use its good office to reasonably protect the aesthetic or cultural value of 1. this road. 13.D. APPOINTMENTS i3.D.1. CAPITAL REGION AIRPORT COMMISSION Dn motion of Mr. Mayes, Seconded by Mr. Daniel, the Board mgresd that Mr. Applegate and Mr. Dodd will continue serving their current term on the Capital Region Airport Commission for mn additional one year period. (It is noted that the original four year term began in 1984 at which time it was indicated that the appointees would be reconsidered at the end oi each one year Defied in an effort ho allow other members to participate in this ~ff0~t.) Vote: Unanimous ~3.D.2. LANDFILL ADVISORY CO~ITTEE On motion of Mr. Apptegate, Seconded by Mr. Daniel, the Board accepted the resignation of Mr. Fred Myers from the Landfill Advisory Committee effective immediately. Mr. Appleqahe ~tated that Mr. Fred Bott of hhe Brandermill Civic Association had recommended the name of Mr. Richard J. Ess who is in the refuse business and inquired if this would create a conflict of interest. Mr. Micas stated that it does not create a legal conflict under ihs Virginia Conflict of Interest Act but if the Board feels his relationship with the vendor may give the Board se~e concern, that is a Board decision. Mrs. Girone stated she felt this might be a conflict. Mr. Daniel stated that the Advisory Board does not set rates, does not manage the facility, etc., but gives only technical assistance and he did not feel this would be a conflict. The Board generally agreed that since the committee meets approximately twice a year it was more of a watchdog situation. 85-234 9n motion of Mr. Applegate, seconded by Mr. Daniel, the Board nominated Mr. Richard J. Ess to the Landfill Advisory CommittEe to fill the unexpired term of Mr. Myers (Marck 13, 1986) which appointment would be considered at the April 24, 1985 meeting. Vote: Unanimous 13.E. CONSENT ITEMS i~.E.1. BINGO AND/OR RAFFLE PERMITS On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved the requests for bingo and/or raffle ps,mits from the Dale Ruritan Club and the Trinity United Methodist Women for calendar year 1985. Vote: Unanimous 13.E.2. STATE ROAD ACC~PTANC~ ·his day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of LaPrade Street in Chester, Plan of the Town Of subdivision, Bermuda District. Upon consideration whereof, and on motion of Mrs. 'Girone, seconded by Mr. Mayes, it is resolved that LaPrade Street in Che~ter, Plan of the Town Of subdivision, Bermuda District, be and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, LaPrade Street, beginning at the intersection with Curtis Street, State Route 616, and going 0.09 This request is inclusive of the adjacent slope easement. This road services 9 lots. Also, by virtue of this road providinq a public service, it may be added to the system as an addition under Section 33.1-229 of the Code of Virginia. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 foot right-of-way for this road. This subdivision is recorded as follows: Plat Book 41, Page 10, May 24, 1982. Vot~: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Country Spring Lane in Fernbrook Sections, a portion of Section A and Olde Williamsburg Section - Pha~e I, Clover Hill District. Upon consideration whereof, and on mo=ion of Mrs. Girone, seconded by Mr. Mayes, it is resolved that Country Spring Lane in Fernbrook Sections, a portion of Section A and Olde Williamsburg Section - Phase I, Clover Hill District, be and it hereby is astablished as a public read. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to 85-235 take into the Secondary System, Conntry Sp~ing Lane, beginning at the intersection with Fordham Road, State Route 763, and going 0.10 mile northwesterly to a cul-de-sac. This request is inclusive of the adjacent slope easements. This road serves 11 lots. And be it further resolved, that th~ Hoard of Supervisors guarantees to the Virginia Department of Highways a 50 foot right-of-way for this road. These sections of Fernbrook are recorded as follows: Section A. Plat Book 30, Pages 9lA and 92A, March 28, 1978. 01de Williamsburg Section - Phase I. Plat Book 43, Page 18, Juno 1, 1983. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his ~xamination of Chatham Grove Lane, Chatham Grove Place and Wind Grove Court in Fernbreok Sections, a portion of Section E and Chatham Grove Section - Phase Ir Clover Hill District. Upon consideration whereof, and on motion o~ Mrs. Girone, seconded by Mr. Mayas, it is resolved that Chath~ Grove Lane, Chatham Grove Place and Wind Grove Court in Fernbrook Sections, a portion of Section B and Chatham Grove Section - Phase I, Clover Hill District, be and they hereby are established as a public roads. And be it further resolved, that the Virginia Department of Eiqhways and Transportation, be and it hereby is requested to take into the Secondary System, Chatham Grove Laner beginning at the intersection with Fordham Road, State Route 763, and going 0.11 mile westerly to the intersection with Chatham Qrove Place, then continuing 0.07 mile westerly to the intersection with Wind Stove Court, then continuing 0.01 mile westerly to tie into proposed Chatham Grove Lane, Fernbrook, Chatham Grove Section - Phase II; Chatham Grove Place, beginning at the intersection with Chatham Grove Lane and going 0.07 mile northerly to a cul-de-sac; and Wind Grove Court, beginning at the intersection with Chatham Stove Lane and going 0.05 mile northerly to a cul-de-sac. Phis request is inclusive of the adjacent slope easements. these roads serve 24 lots. ~nd be it further resolved, that the Board of Supervisors ~arantees to the Virginia Department of Highways a 50 foot right-of-way for Chatham Grove Lane and a 40 foe= right-of-way for Chatham Grove Place and Wind Grove Court. These sebtions of Fernbrook are recorded as follows: Section B. Plat Book 33, Pages 90 and 91, May 31, 1979. Chatham Grove Section - Phase I. Plat Book 42, Pages 45 and 46, February 7, 1983. vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Paulhill Load in Fernbrook, Taylor's Landing Section - Phase I, Clover Hill District. Upon consideration wherec~, and on motion of Mrs. Girone, seconded by Mr. Mayas, 'it is resolved that Paulhitl Road in 85-236 Fernbrook, Taylor's Landing Section - Phase I, Clover Hill District, be and it hereby is established as a public road. And be it further reaolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System~ Paulhill Road, State Routs 764, and going 0.11 mile northeasterly to a cul-de-sac. This request is inclusive of the adjacent slope easements. This road serves 17 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 foot right-of-way for this road. This section of Fe~nbrook is recorded as follows: Taylor's Landing Section - Phase I. Plat Book 42, Page 50, February 15, 1983. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Murray Hill Drive, Running Brook Lane and Running Brook Circle in Briarwood, Section Two, Midlothian District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Mayes, it is resolved that Murray Bill Drive, Running Brook Lane and Running Brook Circle in Briarwood, Section Two, Midlothian District, be and they hereby are established as )ublic roads. ~nd be it further resolved, that the Virginia Department of Highways end Transportation, be and it hereby is requested to take into the Secondary System, Murray Hill Drive, beginning where State Maintenance ends, Murray Hill Drive, State Rout 1224, and going 0.05 mile northwesterly to the intersection with Running Brook Lane, then continuing 0.09 mile northwesterly to a cul-de-sac; Running Brook Lane, beginning at the intersection with Murray Hill Drive and going 0.09 mile northerly to the intersection with Running Brook Circle, then continuing 0.05 mile northerly to a cul-de-sac; and Running Brook Circle, beginning at the interseution with Running Brook Lane and going 0.05 mile westerly to a cul-de-sac. This request is inclusive of the adjacent slope easements. These roads serve 28 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 40 foot right-of-way for all of these roads except Murray Hill Drive which has a variable 40 foot to 50 foot right-of-way. This section of Briarwood is recorded as follows: Section Two. Plat Book 44, Page 89, December 29, 1983. VOte: Unanimous GRANT FOR RADAR EQUIPMENT FOR POLICE DEPARTMENT On motien of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to accept a grant in the amount of $10,000 from the State Department of Transportation for the Police Department to purchase traffic radar sets. 85-237 13.P. HIGHWAY ENGINEER Hr. Charles Perry, Resident ~nqineer with the Virginia Department ~f Highways and Transportation, was present. He stated the Route 652 project has been awarded. He stated the next project that has been advertised is the Route 701/Iron Bridge Road project. ~e stated the next project is Route 622 which was in the budget this year to correct the flooding problem and has been advertised and awarded. He stated the turn lane at Route 360 and Walmsley has been completed except for the shoulder and it is passable. ~e stated the extension of Southlake Boulevard to Courthouse Road is scheduled for advertisement this month. ~r. Daniel requested that the Highway Department try to complete the Hopkins and Beulah intersection as soon as possible. ~rs. Girone inquired when improvements at Route 147 and Robious ~ould be completed. Mr. Perry stated that it would be October or ~ovember before it is finished as it was placed on a partial ~hutdow~ during the winter montks. He stated it is a calendar ~ontract of 240 days and the winter months determine how much time is charged and it does not take into account bad weather. ~rs. Qirene inquired about Route 60 at the High School. Mr. Perry stated the contract has already started at Route 60 and · ~interfield and should be finished within 45 days. He stated the ~ontractor has that project as well as the turn lanes at Route 60 and Turner Road so he will be going from Winterfield and Route 60 to the other location and will be anxious to get them both ~ompleted. ~r. Mayes stated Matoaca District residents are pleased with what ~he Highway Department is doing and, especially, with Mr. ~eynolds assistance and cooperation. Hr. Dodd expressed appreciation for the improvements in Bermuda District and for Mr. Perry working through Mr. ~tith on small :rejects. Re inquired about the hearing on the restriction of through truck traffic on Kingsdale Road. Mr. Perry stated the information has been sent to the Central Office and they have several alternatives as to whether or not they hold a public ~earing. Be stated he would look into this tO see where it is in the process. Mr. Dodd requested that either he or Mr. Stith be informed as soon as possible. Mr. Daniel stated he understood ~he problem as he drove down Kingsdale Road and was almost run off the road by a truck and it is a dangerous situation. Mr. Applegate expressed appreciation to Mr. Perry for the stop light in Clover ~ill and although 90 days seems like a long time anything that could be done at Pocoshock and Elkhardt would be appreciated. 13.G. Cbb{MUNITY DEVELOPMENT ITEMS 13.G.1. PUBLIC HEARING TO EXCHANGE LAND AT AIRPORT INDUSTRIAL PARK BY STRAHA~ I~K AHD LACQUER CORPORATION Ms. Karen Waldron, Asst. County Attorney, stated that Strahan Ink and Lacquer owns 2.2 acres at the Industrial Park and during construction of improvements, the building was inappropriately located within the 25 foot easement of the property line. She stated in order to bring the building into compliance, the Company has requested that they be allowed to exchange a piece of property on the western line of their property for a piece On the eastern side which the County owns. She stated staff has no objections and has determined it will not affect the usability or saleability of the property on either side. On motion of Mr. 85-2~8 Dodd, seconded by Mrs. Gironer the Board authorized the County Administrator to execute a contingent exchange agreement on behalf of the County and Strahan Ink and Lacquer for 0.20 a~res and the Board set the date of April 24, 1985 at 9:00 a.m. ier a ~ublic hearing to consider this conveyance. Unanimous 13.G.2. REVISED POWHITE PARKWAY RIGHT OF WAY AGREEMENT On motion of Firs. Girone, seconded by Mr. Daniel, the Board approved and authorized the County Administrator to execute a revised Powhite Parkway Right of Way Agreement with the Virginia Department of Highways and~Transportatlon which agreement increases the County's funds from $4,500,000 to $18,000,000 for right of way acquisition, a copy of which is filed with the papers of this Board. Vote: Unanimous 13.H. UTILITIES DEPARTMENT ITEMS 13.H.1. PUBLIC HEARINGS 13.N.l.a. ORDINANC~ VACATING VINELAND ROAD Mr. Hedrick stated this dat~ and time had been advertised for a public hearing to consider an ordinance vacating Vineland Road, ' within Bon Air Terrace, formerly Repine Subdivision. Mr. Murray ~llison and Mr. Richard Smith, adjacent property owners,indicated they were in support of the ordinance. There was was no one present in opposition. On motion of Mrs. Girone, seconded by Mr. Dcdd, the Board adopted the following ordinance: AN ORDINANCE to vacate Vineland Road, unimproved, within Bon Air Terrace (fo~Qerly Repine), Midlothian Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Pla~ Eook 9 at page 75. WBEREAS, by Resolution dated March 13, 1985, the Board of Supervisors of Chesterfield County, Virginia authorized the Right of Way staff to advertise for a public hearing to vacate Vineland Road, unimproved, within Bon Air Terrace (formerly Repine), Midlothian Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 9, page 75, made by LaPrade Brothers, dated July 29, 1955. The street petitioned to be vacated is more fully described as follows: Vineland Road within Bon Air Terrace (formerly Repine), the location of which is more fully shown on & plat made by LePrede Srothers, dated July 29, 19~5, a copy of which is attached hereto and made a part of this ordinance. WHEREAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the street sought to be vacated. NOW THEP~FORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF C~ESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the ~bove described portion o£ Vineland Road is hereby vacated and no longer necessary for public use except as hereinafter outlined. The grantees hereby convey unto the County and the County hereby reserves a 25' utility easement within the portion of Vineland Road hereby vacated as shown on the attached plat. 85-239 This Ordinance shall be in full force and effect in accordance with Section 15.1-452(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This 0rdinanee shall vest fee simple title to the centurllne of the aforementioned street in the property owners of the abutting lots free and clear of any rights of public use except as hereinabove stated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and Lee S. Watson and Mildred M. Watson, husband and wife, and Richard L. Smith and Donna M. Smith, husband and wife, or their successors in title, as grantees. 13.H.l.b. SALE OF OLD UTILITIES DEPARTMENT STORAGE YARD Mr. Bedrick stated this date and time had been advertised to consider the sale of the Old Utilities Department storage yard at 5021 Walmsley Boulevard in the City of Richmond. Mr. Welehons stated U. S. Realty on behalf of George Quick has offered the amount of $50,000 for the 5.5 acres but a contract has not yet been signed. There was no one present in opposition to thf~ request. On motion of Mr. Daniel~ seconded by Mr. Dodd, the Board approved the sale of the Old Utilities Department storage yard at 5021 Walmsley Boulevard to Mr. George Quick in the amount of $50,000 and authorized the Chairman of the Board and County Administrator to ex,cute the deed on behalf of the County upon approval of the final document by the County Attorney. vote: Unanimou~ 13.B.2. WATER AND SEWER ITEMS 13,B.2.a. CONTRACT FOR UPDATE OF MASTER WATER PLAN On motion of Mrs. Girone, seconded by Mr. Dodd, the ~oard approved and authorized the County Administrator to execute a contract on behalf of the County £or the firms of Malcolm Pirnie and Austin Brockenbrcugh and A~ociates to update the County's ~aster Water Plan at a cost not to exceed $50,000. It is noted no appropriation is necessary. Vote: Unanimous 13.~.2.b. WATER AND SEW]~B FEASIBILITY STUDY On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the employment of the firm of Black and Veatch at a cost not to exceed $21,400 to perform the financial feasibility study necessary for the upcoming water and sewer bonds and further the Board: 1. Appropriated $12,008 from 563 Surplus to 563-1-11681-2171 2. Appropriated $12,000 from 574 Surplus to 574-1-11781-2171. Vote: Unanimous 85-240 REQUEST FOR PUBLIC WATER ON MYRON AVENUE On motion of Mr. Dedd, seconded by Mr. Mayas, the Boa~d approved and authorized the Utilities Department to extend public water service to Myron Avenue and further the Board appropriated $20,000 from 563 ~urplus to 380-1-65621~4393. Mr. Dodd stated he felt there was error on the part of the County and the contracts should he et the reduced rate. Mr, Welchons stated he thought the contracts are still valid at the old rate and if not, he would bring the matter back before the Board. Vote: Unanimous 13.H.2.d. EXTENSION OF WATER SERVICE TO WOODLAND POND Mr. Welchons stated the County has received a request from Midloghian Enterprises, Inc. for County participation in extending water service to Woodland Pond. He stated the estimated cost of extending a 16 inch wager line from Courthouse Commons to the developers property line on Nash Road is approximately $352,000. He stated the developer has requested the County to make a cash reimbursement of $150,000 on completion of the project and to receive refund~ from connection fees for the life of the project (575 lots @ $150 = $86,250). He stated the developer further request~ that if connection fees are increased, that the per lot refund would also increase. ~a stated staff has reviewed the request and is recommending a modification to the develeper'~ request. He Stated there is an existing 4 inch water line on Beach Road from Route 10 to Camp Baker. Be stated this is an old line and will need to be replaced in the next 8 to 10 years with a 16 inch line. He stated the estimated cost of this portion of the project is $107,000 for a 16 inch line and $55,000 for an 8 inch line. He stated since the developer is requesting pargieipation in a water line that extends beyond the urban service area and since participation is being requested ahead of our replacement needs, staff has made certain modifications to the conditions which he outlined. Be stated these recommendatioh$ have been discussed with and accepted by the developer. Ee ~tatcd it should be noted that the 16 inch size i~ required for the Woodland Pond development and that it is unlikely that the developer will receive refunds totaling the off-site construction cost. Qn motion of Mr. Mayas, seconded by Mr. Dodd, the Board approved the request of Midlothian Enterprises, Inc. for County participation in extending water ~ervice to Woodland Pond subjecg Go the following conditions: 1. Make a cash refund to the developer for the cost of an 8 inch llne on completion of the project - $55,000. 2. Make an additional cash refund to the developer of $25,000 for each of the two years after completion of the project, The sum o£ 1 and 2 above equals $105,000 or the approximate cost of a 16 inch line on Beach Road to replace the existing 4 inch water line. 3. Refund the develuper from connection fees collected from the development for the construction cosg of the 16 inch water line from the end of the existing 16 inch line near Route 10 to the developer's property line on Nash Road less that co~t refunded in 1 and 2 above. 4. The time period to receive refunds would be extended go 12 years. 5. If the ordinance i~ changed to allow a larger amounts of refund per connection fee paid, the developer would be entitled to the larger amount. 85-241 In ne case would the developer receive more refunds than the cost of constructing the off-site water line. Vote: Unanimous 13.H.3. RIGHT OF WAY ITEMS 13.E.3.a. AID GEORGE B. SOWERS, JR. & ASSOCIATES IN ACQUIRING SEWER EASEMENT On motion of Mr. Apptegate, seconded by Mr. Dodd, the Board approved the request from George B. Sowers, Jr., and Associates, Inc,, and authorized the Right of Way manager to aid him in acquiring a sewer easement across the property of Lloyd J. Ellis, Jr., and Joan B. Ellis at 10200 West Providence Road provided he enters into a contract with the County agreeing to pay for all costs. This easement will serve Castle Glen Subdivision, an existing home which is currently having septic tank problems and other properties. Vote: Unanimous Mr. Applegate requested that staff communicate with the people before other proceedings are initiated. 13.H,3.b. CONDEMNATION - PROPERTY OF MR. AND MRS. WILLIAM SEAY On motion of Mr. Applegate, seconded by Mr. Mayes, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount as set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on April 11, 1985, of the County's intention to enter upon and take the property which is to be the subject of said condemnation proceedings. An emergency existing, this resolution shall be declared in full force and effect immediately upon passage pursuant to Section 15.1-238.1 of the Code of Virginia, t950, as amended. William C. Seay, Sr. and Dorothy A. Seay W85-12C/BB $249.00 Vote: Unanimous 13.M.3.c. CONDEMNATION FOR WATER TANK SITE ON NORCLIFF ROAD On motion of Mr. Dodd, seconded by Mr. Mayes, the Board authorized the County Attorney to institute condemnation proceedings against the following property owners if the amount as set opposite their names is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on April 11, 1985 of the County's intention to enter upon and take the property which is to be the isubject of said condemnation proceedings. An emergency existing, this rcsblution shall be declared in full force and effect immediately upon passage pursuant to section 15.1-238.1 of the Code of Virginia, 1950, as amended. Harvey S. German Norcliff Road $3,000 Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Mayes, the Board authorized the County Right of Way staff to begin the process to acquire the easement necessary for the water tank site on 85-242 Norcliff Road from the estate of Mattie Mann by unknown heirs condemnation. An emergency existing, %his resolution shall be declared in full force and effect immediately upon passage pursuant to Section 15.1-238.1 of the Code of Virginia, 1950, as amended. 13.H.3.d. SET HEARING TO GRANT C&P EASEMENT - BRANCHES TRACE On motion of Mr. Dodd, seconded by Mr. Mayes, the Hoard set the date of May 8, 1985, at 7:00 p.m. to consider th~ conveyance of an easement to C & P to bury an underground cable to serve Branches Trace Townhouses. Vote: Unanimous 13.H.4. CONSENT ITEMS 13.H.4.a. DEED OF DEDICATION ALONG IVEY MILL ROAD On motion of Mr. Mayes~ seconded by Mr. Dodd, the Board accepted and authorized the County Administrator to accept, on behalf of the County, a l~-foot strip o~ land along Ivey Mill Road from Bruce K. Crawley and Diane E. Crawley, husband and wife. Vote: Unanimous 13.H.4.b. CHANGE O~DER - FALLING CP~EM WABTEWATER PLANT On motion of Mr. Mayes, seconded by Mr. Dodd~ the Board approved Change Order No. 75, Falling Creek Wastew~ter Treatment Plant Expansion, Contract NO. 7032-25, to comply with the EPA requirements and adjusts nine of the ninety-eight i'tems~ in a ne~ amount of $59,096.87, on a $20 million dollar project. Vote: Unanimous 13.H.5. REPORTS Mr. Welchons preseuted the Board with a list of developer water and sewer contracts executed by the County Administrator. 13.I. REPORTS Mr. Hedrick presented the Board with a status report of the General Fund Balance and the GoAders! Fnnd Contingency. M=. Hedrick informed the Board ~hat the Highway Department had officially accepted the fell.owing read into the State Secondary System, effective March 25, 1985: Autumn Oaks Subdivisionx Sections B & C Deep Forest Road -' From ROUte 632 ru;~ning southwesterly 0.26 mile from Re~te 632. Length 0.26 mi. 14. ADJOUrNMeNT On motion of Mr. Do~d, seconded by Mr. Daniel, 'the Board 85--243 adjourned at 9:10 p.m. until 9:09 a.m. on April 24, 1985. Vote: Unanimous Richard L. Hcd~ck County Administrator