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04-24-85 MinutesHOARD OF SUPERVISORS MINUTES April 24, 1985 Supervisors in Attendance: Mr. G. H. Applegate, Chairman Mr. Jesse J. Mayes, Vice Chairman Mr. R. Garland Dedd Mrs. Joan GirDLe Mr. Elmer ~odge Asst. County Administrator Supervisors Absent: Mr. Harry ~. Daniel (on Ceunty business) Staff in Attendance: Mr. Stanley R. Balderson, Dir. of Planning Mrs. Doris DeNart, Legislative Coord. Chief Robert Eanes, Fire Department Ms. Virginia Gordon, Registrar Mr. Phil Nester, Dir. of Parks & Rec. Mr. William ~owell, Dir. of Gen. Services Mrs. Mary Leu Lyle, Internal Auditor Mr. Robert Masden, Asst. CO. Admin. for ~uman Services Mr. Richard McElfi~h, Dir. of Elkv. Eng. Mr. R. J. McCracken, Transp. Director Mrs. Mary A. McGuire, County Treasurer Mr. Steve Micas, Ce. Attorne~ Mrs. Pauline Mitchell, Dir. of News/Info. Services Mr. Je£frey Muzzy, Asst. CO. Admin. for Development Col. Joseph Fittlaan, Chief of Police Mr. William Peele, Chief of Development Review Mr. Lane Ramsey, Dir. of Budget & Acctg. Mr. M. D. Stith, Jr., Exec. Asst., CO. Adm. Mr. David Wetchons, Dir. of Utilities Mr. Applegate called the meeting to order at the Conrthouse at 9:05 a.m. (EST). 1. INVOCATION Mr. Applegste introduced Reverend Edwin Clayton Thornton, III, Pastor of Tomahawk Baptist Church, Who gave the ~nvccation. 2. APPROVAL OF MINUTES 2.A. APRIL 2"~' ~985 On motion of Mr. Dodd, seconded by Mrs. G~rone, the Board approved the minute~ of April 2, 1985, as submitted. Ayes: Mr. Applegate, ~r. Mayas, M~. Dodd and Mrs. GirDLe. Absent: Mr. Daniel. ~5-245 2.B. APRIL 3~ 1985 On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved' the minutes of April 3, 1985, as submitted. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 2.C. APRIL 9, 1985 On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved the minutes of April 9, 1985, a~ submitted. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 2.D. APRIL 10~ 1985 On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved the minutes of April 10, 1985, as amended. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs, Girone. Absent: Mr. Daniel. 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Hodge welcomed Mr. Applcgate back to the County from his recent trip to ~annover, Germany and stated Messrs. Daniel and Hedrick were still representing the County at the Trade Fair. Mr. Masden introduced Ms. Jana Carter who had recently been hired as ~ousing Director, to administer the federally funded low-income housing assistance program in the County, and briefly outlined her educational and professional experience. The Board welcomed Ms. Carter to the County. Mr. Hodgc stated he, Mrs. Girone, Chief Eanes and Chief Pittman had attended a luncheon awarding the United States Senate Productivity Awards this week and several award~ were presented to the County. Chief Pittman stated the Police Department submitted the Crime Solvers Program for consideration of the productivity awards, explained the progra/~ and stated a certificate of recognition was awarded. Chief ~anes stated the Fire Department submitted its Fire Safety ~ducation program for consideration, explained the program and stated a certificate of recognition was awarded as well. Be recognized MS. Kay Marano, Fire Safety ~ducatien Officer who worked with th~ program, and M~. Joy Chapman, recently employed Fire Education Safety Instructor. Mr. ~odge stated that all the other awards presented were from industry or business and these were the only two governmental awards. The Board congratulated both Departments on the recognition and successful programs. Mr. Hodge congratulated Mr. Mayes on his recent appointment as Vic~ President of the Appomattox Basin Industrial Corporation. Mr. Rodge introduced and welcomed Ms. Bonnie Winston, reporter substituting for Ms. Paula Squires, with the Richmond Times Dispatch. 4. BOARD COMMITT~ R~PORTS Mrs. Girone stated she was pleased to attend the Senate Broductivity Awards luncheon. She add=d that it had been indicated that ~he FAre Department almost received the top award this year but because they did last y~ar~ it ~ay have held them back. She stated the Board is proud of '~he two department~. 85-246 Mrs. Girone stated the opening night of the Diamond was a Mrs. Girone stated she attended the opening of the new Nature Center at Rockwood Park and it is a beautiful and historic site. She invited all to visit the area which was improved with no tax dollars. Mrs. Girone stated that the Forest View Rescue Squad would be having a fund raising campaign in the near future and she would have additional details in the near future. ~rs. Girone stated that the small business loan situation with the Richmond Regional Planning District Commission looks more and more doubtful. She stated Congress has indicated they may continue the Small Business Administration without the loan program. Mr. Mayas stated he, too, attended the opening of the Diamond. Mr. Mayas stated he attended the Nature Center opening at Roekwood Park and it is a very enlightening experience and encouraged everyone to visit. Mr. Dodd stated he attended the opening of the Diamond and he enjoyed the enthusiastic support from the Richmond area, he informally toured Maymont Park which he thoroughly enjoyed, and that the Capital Region Airport Commission would be meeting next Mr. App!egate stated he would reserve comments on the Trade Fair until a later date and, consequently, having been out of town for twO weeks he had not attended any other meetings on which tO report. 5. REQUESTS TO POSTPONE ACTION¢ EMERGENCY ADDiTiONS OR CF2%N~ IN TH~ ORDER OF P~S'~TATION On motion of Mrs. Girone, seconded by Mr. Dodd, the Board deleted Item %Z, Hearings of Citi~en~ on Unscheduled Matters or Claims - Messrs. Joseph Matyiko, Sr., John R. Smith and Morris E. Mason, at the request of Mr. Smith; added Item L.i., Report on Water Shortage, because of the emergency nature of the issue with action taken immediately following lunch; and further the Board adopted the agenda as amended. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 6. RESOLUTIONS UP SPECIAL P. ECOGNITION 6.A. DBCLARZNG 5~Y, 1985, AS FOSTER PARENT MONTH Mr. Hodge introduced Ms. Nan McKenney, Supervisor of the Social Services Foster Care Program, who e~plained the activities planned for Foster Parent Month. On motion of Mr. Dedd, seconded by Mrs. Girone, the Board adopted the following resolution: WHEREAS, the services to the community by the Department of Social Services include the provision of foster ca~e to children; and WHEREAS, the Chesterfield County Board of Supervisors acknowledges the generous contribution of foster families in providing care, guidance, discipline and lov~ to the children placed temporarily in their homes; and WHEEEAS, the care provided to chi~.dren by 9oster families impacts the quality of life for those children, their families, and future generations; and 85-247 W~EREAS, the services and efforts of foster families contribute greatly to the well-bein~ Of the entire community; and ~EREAS, the Chesterfield Ceunty Board of Supervisors wishes to recognize and publicly s×pre~s appreciation to all foster families. NOW, THEP~BFORE, BE IT RE$OLVED that the month of May be proclaimed "Foster Parent Month" and that this recognition be called to the attention of all citizens. Ayes: Mr. Applegate, Mr. Mayes, ~r. Dodd and Mrs. Girone. A~sent: Mr. Daniel. Mr. Applegate presented Ms. McKenney with the executed resolution. 6.B, BENSLEY VOLUNTEER FIRE DEPARTMENT ~r. Hedge introduced Mr. Dodd. Mr. Dodd recognized Chie~ Eastwood and stated it was an honor to recognize the Department for their many years of service and outlined the activities and services of the Department. On motion of Mr. Dodd, seconded by Mr. Mayes, the Beard adopted the following resolution: WHEREAS, the members of the Benslay Volunteer Fire Dspartment have willingly served their tone, unity for the past 39 years in a volunteer capacity; and WHEREAS, the Bensley Volunteer Fire Depart~nt members put concern for their fellow man before their own personal safety and comfort as they provide fire protection and prevention services for the community; and W~ER~AS, the 48 active members of the Bensley Volunteer Fire Department and their Fire Chief, Mason Eastwood, deserve the thanks and appreciation of the citizens of the County. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors does hereby declare the last week in April, 1985 as Bensley Volunteer Fire Department Week tc coincide with the Fourth Annual Parade and Extravaganza, Satu~day~ April 27 at 10 Ayes: Mr. Applegate, Mr. Mayea, Mr. Dcdd and Mrs. Girone. Absent: Mr. Daniel. Mr. Dodd presented the executed resolution to Chief Eastwood and invited all to attend the Bensley Fire Extravaganza. Chief Eastwood expressed appreciation for the recognition and introduced Mr. Ronnle Clopton, President; Mr. Yeager and Mr. Bailey, Assistant Chiefs o£ the Department. 6.C. AMELIA COUNTY'S 250TH ANI~IVERSARY Mr. Applega=e ~tated he would be representing Chesterfield County at Amelia County's 250th Anniversary celebration on May 9, 1985 and presented a proposed reEoluti0n for consideration.. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adoptod following resolution: WHEREAS, the County of Amelia and the County of Chesterfield have peacefully sbared a common border since the beginnings of each county; and 85-248 WHEREAS, Amelia County and Chesterfield County have joined together in mutual programs and projects for the benefit and well-b~ing of the citizens of the two counties; and WHEREAS, the future relations between the counties should continue to prosper and grow, just as the residential and business come,unities of the counties grew with the rapidly expanding Metropolitan urea. NOW, THEREFOEE, B~ IT RESOLVED that the members of the Chesterfield County Board of Supervisors salutes the Amelia County Board of Supervisors un the 250th Anniversary of County Government, and extends sincere wishes for continued prosperity and peace for the citizens of Amelia County during the coming years. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Duniel. 7. HE,ARINGS OF CITIZENS ON UNSCREDULED MATTERS OR CT.ATMR It was noted that this item was deleted £rom the agenda at th~ beginning of the meeting. 8. DEFERRED ITEMS 8.A. REQUEST FROM STOBER CABLE FOR RATE I~CREASR Mr. Hedge stated that e public hearing was held and closed on the request for a 10% rate increase by Storer Cablevision on January 9, 1985, the iSSue was then deferred until January 23, 1985 and ~eferred again until this date to allow staff time to research the information presented. He stated public co~ent could not be accepted at this time. He introduced Mrs. Lyle who stated that the request is for a 10% rate increase in the basic service ~ates. She stated that Storer and County staff have taken action to address the concerns that were expressed at that time. She ~tated staff has worked with Storer's regional and corporate %eadquarters staff to guin satisfaction that the finuncial ~tatements represent audited information for the Chesterfield ~ystem f~r 19R4 and reasonable prejectiens of the result of the L0% rate increase for 1985 through 1989. She stated they have ~onsulted with the State Corporation Commission staff and the ;niversity of Richmond faculty regarding the appropriate method )f measuring rate of return when considering a rate increase for ~ p~blie utility. She stated based on this information, staff is ~atisfied with the financial data that Storer has provided the ~ou~ty which indicates that revenues generated from the 10% rate nerease will be sufficient to cover operating expenses and to ~rovide an average rate of return on invested capital of 2.8% ~ver the next six yeurs. She stated during the 90 day deferral, itorer has ulso taken action tc improve service to it~ customers. Ir. Michael MacNeilly, Manager of Storer Cablevision, stated that he company has done a lot of things w~thin the past 90 days to omply with the Scard's wishes. He distributed rate comparisons etween Sammons, Continental and Storer and explained the various ~erv~eee offered and charges involved which indicated Sterer iurrently charges an equal or lower amount for Services which are ~uperior. He indicated the ether companies would also be ~equesting rate increases this year. He distributed and reviewed ~n detail information comparing franchise commitments and actual ~ata regurding cable miles, channel c~pacity, funds invested, !tc. ~e stated when they appeared before the Board in January, ~he Company was not happ9 with some of the things that were ~aDpening and neither was the Board. He stated they took :eriously the concerns expressed and have solved a lot of the ~rohle~s regarding customer service response, technical faults ,ith channel line-up and converter stickers for the ease of their :ustumers; and in addition, C&P reviewed their phone service to 85-249 see how it can be improved, they hired additional customer service representatives and converted part-time positions to full-time, revised their operating hours, revised the VCR policy, etc. Ee stated there have been minor problems which were resolved immediately and he felt the service has improved considerably. ~e stated there have been a large number of staff meetings, they have reviewed staffing for the past several months, and have taken no action on the rate increase as the Company values the Board's judgment. Be stated he felt the service i~rovements warrant the rate increase, they are underpriocd in comparison to other systems in the area and country, etc. Mr. Mayes stated he felt Mr. MacNeilly has done a fine job with the cable co,any since he has been in charge and his complaints have decreased considerably. He inguired about the comparison for the basic service. Mr. MacNeilly stated the basic service is not offered in Benrico or Richmond. Mr. Mayes questioned other cost increase figures for the service, the converters, etc. which Mr. MacNeilly explained. Mr. Mayes inquired if the County guaranteed the cable company a specific return on investment. Mr. MacNeilly stated the franchise agreement guaranteed them a fair rate of ~eturn on their investment but no ~pecific percentage was indicated. Mr. Applegate stated sometime ago there was a tender of stock for Storer Cable and inquired what impact that would have on the Company. Mr. MaeNeilly stated the Company is healthy, is coming out of a period when they deeply invested in cable construction, a situation that is changing and that he is not permitted to discuss in further detail the takeover attempt. 5e stated the Company i~ healthy, however, and plans to be in business for years to come. Mr. Applegate inquired about the deregulation. Mr. MacWeilly stated there was a requirement in the Telecommunications Act of 1984 for the FCC to establish a rule for effective communications which deadline was July 1, 1985. He stated they have already released that information and established what is effective competition. Mr. Applegate stated his reason for asking was that obviously if there were a tender for stock and the Company has guaranteed that it would do certain things, for example no other rate increase for 1985, and if there were a takeover, would that be applicable. Mr. MacNei!ly stated it weul~ still apply. Mr. Dodd stated that the Wall Street Journal included an article on Storer which indicated that by 1988 all debt can be retired and all cable systems can be fully constructed, that by 1988 capital expenditures will be dow~ to 22% of operating cash flow compared to almost 93% in 1984, otc. He stated he felt with an investment tax credit, depreciation, etc. the Company will make a tremendous amount of money in the next few years and a 10% rate increase at this time is unjustified. Mr. MacNeilly ~tated that information relates to the corporation as a whole and not to this system, and each system is an sntlty to itself and is required to produce a profit. Mr. Dcdd stated he appreciated what had been done but he could not support a 10% rate increase. Mr, Mayes stated he could have accepted an increase which was equal to what the other companies are charging in other localities. Mr. MacNeilly stated the rates which are listed for the other companies are January, 1985 figures and the companies will be requesting rate increases this year as well and will be higher than Storer. Mr. Mayes stated he felt the Company is entitled to comparable pay for the services if they are underpriced. MT. MacMeilly stated that S~orer is considerably lower at this time when considerinq all factors, such as converter cost, channel selecticn, etc, Mr. Mayes stated he could accept $9.16 for basic services and $9.50 for expanded but he could not support an overall 10% increase. Mrs. Girone stated she felt this w~s a reasonable request and that the reports displayed are good ones, and they have raised itheir level o~ service to that which the citizens expect and want to continue. 85--250 She stated with an expanding system to maintain that level of service, this request and a 2.8% rate of return is reasonable. She stated she understands that if this rate goes through, the other localities will still be higher and Stor~r offers a superior service than what others offer as they do not offer Showtime, WOR, the Movie Channel, etc, Mr. Applegate stated that he agreed with Mrs. Girone's comments and there were problems several months ago but a conscious effort has been made by the Company to deal with and improve their services. He stated he felt with this increase, Storer would still be charging less than the other area cable companies and he would vote in favor of thi~ request. Mr. Hedge stated he had discussed this issue with investment bankers and stock agencies to obtain information regarding the proposed takeover of Storer by another company. He stated they do not expect the stockholders to take over the Company, this is a time of m~rgers and acq%lisitions, etc. He stated Storer is one of the larger firms, has come through a time when they had invested a lot of capital, they have expanded their services, they are facing increased costs from providers, etc. He stated he did not feel they wo~ld be completely profitable by 1988. Re stated it was staff's opinion that the rata increase is justified. Mr. Dodd stated he felt that one increase in this service and then in another, adds up. He stated at one time the Company was Chesterfield Cable but it has been taken over by Storer, the paper indicates that although they spent $1 billion they will be worth $4 billion and he has to take that into consideration. Re stated he felt Stor~r will be making a large profit. He stated ever~/ household has inflation problems. Re stated he felt a 5% increase this year and next year would be appropriate and then i~ 5% is necessary each following year and complies with federal law, it would take care of inflation. Mr. Applegate stated that by federal law the Company could increase rat=s by 5%. Mr. MacNeilly stated that in January they could have initiated a 5% increase but they d~a!t in good faith with the Board, told the Board what their needs were and that 5% would not be sufficient, waited until this time and tried to improve areas cf concern mentioned by the Board, etc. and the 5% would be hard to make up. Mrs. Girone stated that she felt it was a good faith situation as the Board indicated there were some shortcomings and the Company made great improvements. She stated she felt the Board had an obligation to live up to its commitment. Mr. Mayes stated he felt there was a margin for compromise, $8.00 for basic and $10.25 for expanded. Mr. MacNeilly stated that even with the rate increase requested, there is only gofng to be 2.8% rate of return and you can go to a bank and receive 5%. He stated when you look at the finan¢ials based on those projections, they ~re clearly underpriced in this market. Mr. Mayes stated he was looking at this from the consu~ers' point of view. He stated he would be comfortable if the rate were =he s~me as the other cable companies. Mr. MacNeilly stated that they have com~,itted that thi~ would be the only rate increase this year. After further consideration of el.her cable companies in the area the cooperative spirit in which they worked with the staff, etc. it was o~ motion of Mrs, Girone, seconded by Mr. Dodd, resolved that this request be deferred urlti]. May 8, 1985 when the full Board would be present. Ayes: Mr. Applegate, ~r. Mayes, Mr. Dodd ~nd Mrs. Girene, Absent: Mr. Daniel. ~5-25! 8.B. LA/qDFILL ADVISORY COMMITTEE On motion of M~. Dodd, seconded by Mr. Mayes, the Board appointe~ M~. Richard J. Ess to the Landfill Advisory Com~ittee effective immediately and whose term would expire on March 13, 1986. Ayes: 5tr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. ~irone. Absent: bit. Daniel. 9. PUBLIC BF2%RINGB 9.A. CON-gEYi~NCE TO STtUkHAN INK ~_ND LACQUER A~ INDUSTRIkL PARK Mr. Hedge stated this date and time had been advertised for a public hearing to consider the conveyance of a parcel of land in the Airport Industrial Park to Strahan Ink and Lacquer Corporation. There was no one present to discuss this matter. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved and authorized the Chairman to execute the deed for the exchange of a 0.20 acre parcel for Strahan Ink and Lacquer Corporation at the Airport Industrial Park with the County; a COpy of the plat is filed with the papers of this Board. Ayes: Mr. Applegate, Mr. Mayes, Mr. ~odd and Mrs. Girone. Absent= Mr. Daniel. 9.B. CONVEYA/qCE OF LEASES AT VARIOUS PARK 81TEa Mr. Hedge stated this date and time had been advertised for a public hearing to consider the conveyance of leases of real property at various park sites to operate food concessions. There was no opposition present. Mr. Rester was present and explained the seasonal contracts for portable concession facilities. On motion of Mrs. Girone, seconded by Mr. Mayes, th, Board authorized the execution of seasonal contracts from April 1, 1985 to September 1, 1985 to operate portable food concession: as follows: Chesterfield Courthouse Complex - Chesterfield Baseball Clubs, Bird Athletic Complex - Chesterfield Girls Softball Coalfield Soccer Complex - Midlothian Youth Soccer League Ettrick Park - Ettrick Youth Sport~ ASSOC. Grange Hall School - Clover Hill Sports Assoc. Matoaca Park - Matoaca Athletic Assoc. Ayes; Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 9.C. CONVEYANCE OF LEASE OF REAL PROPERTY AT BAi~ROWGATE PARK Mr. Hedge Stated this date and tima had been advertised for a public hearing to consider the conveyance of a lease of real property at Harrowgate Park to operate a food concession. There was no one present in opposition. Mr. Heater explained that the ~arrowqate Athletic Association provided funds to build the permanent concession facility. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved the contract with Harrowgate Athletic Association to operate the ~ood concession at ~arr~gat( Park for a period from May 1, 1985 to April 30, 1988; waived the rental fee during tha~ period; and authorized the County Administrator to execute the necessary documents to carry out this agreement. Ayes: Mr. Applegate~ Mr. Mayos, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 85-.252 ~.D. ORDINANCE RELATING TO SUBDIVISION, ZONING AND SITE PLAN REVIEW FEES ~r. Hedge stated this date and time had been advertised to con~ider an ordinance relating to subdivision, zonin9 a~d site plan review fees, Mr. Balderson stated the Planning Commission had recommended approval of this ordinance, however, the Bomeb~ilders Association has requested that the Board defer consideration of this matter until May 8, 1985 to allow them time ~o review the recommendations and prepare a presentation. He stated staff concurs with this request. There was no one present to discuss the matter. Mr. Dodd inquired about the variance fees and Mr. Balderson explained the proposal. On motion of Mr. Dedd, seconded by Mrs. Girone~ the Board deferred th~ public hearing to co'sider an ordinance relating to subdivision, zoning and site plan review fees until May 8, 3985 at 7:00 p.m. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10. NEW BUSINESN 10.A. SCMO0~'"BOARD ~TEMS 10.A.1. ADOPTION OF SCROOL BOARD BUDGET On motion of Mr. Dodd, me,ended by Nrm. Girone~ the ~oard adopted the school Budget in the amount of $124,760,200, Ayes: Mr. Applegate, Mr. Hayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. Mr. Applegate inquired if the School SyStem understood the reduction in estimated insurance costs-of $94,200. Dr. Cain stated that was understood and it was felt it would not increase their exposure. Mrs. Girone stated that Dr. Sullins indicated this is the best budget in years, the CEA iz happy an~ stated it has been a pleasure for the Board to have worked with the School Board this year, Dr. Cain stated the School System has enjoyed working with tha Supervisors as wail. AMENDMENT TO LITERARY LOAN APPLICATION - ENON ELEMENTARX Dr. Cain stated that the School Soard would like to request an increase of $500,000 for the Literary Loan Application for the ~non Elementary School. Me stated ~e Original amount was for $1,500,000 at 3% interest and this additional amount would be at 4%, Re stated as the enginears and arebltects have con, plated the ~rawings on this beilding, it will be r~ecesssry to increase the ~rlginal ~%ount due to the mechanical work and will ineraase ~apaclty by 75 students. ~r. Applegate inquired how this would ~ffect the debt service. Mr. Ramsay stated that it would increase the debt service slightly and inci~eases the total ~apital Improvement Program that the Board ~s eonsiderin9 by an !additional $500,000. ~rs. Girone in~ired if there were an Annex in the area. Mr. Dodd stated the Annex Was closed. He added this is one of the older schools in the County, it was included on the original bond issue in ].980 which did not pass, there are trailers~ it includes renovations, etc. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adopted the following resolution: Whereas~ the School BOard for %h~ Coenty of Chesterfield, on the 24th day of April, 1985, presented to t.his Board, an appllcetion a~dressed to the State Board of Education of Virginia for the p~pose Of borrowing from the Li~.erarv Fund $500,000 for ~dding to and improving the ~resent ~chocl buitdinM at Enon Elementary, to be paid in 20 annual installments, and the interest thereon at 4 per cent paid annually. P~solved, that the applioa%ion of the County School Board to the State Board of Education of Virginia for a loan of $500,000 from the Literary Fund is hereby approved, and authority is hereby granted the said County School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County will each year during the life of this loan, at the time tbey fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual ins%aliments and the interest thereon, as required by law regulating loans from the Literary Fund. Ayes: Mr. Applegate, Mr. Mayes~ Mr. Dodd and Mrs. Girone0 Absent: Mr. Daniel. 10.D. CONTRACT FOR AUDITING SERVICES FOR FY 85-86 On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and awarded the auditing services contract for the County for FY~5-86 to Pea't, Marwick, Mitchell for two years with the first year cost of $61,250 which funds are budgeted and further that the County Administrator is authorized to exeoute any neoessary documents. Firs. Girone stated the Audit Committee recommended approval of Peat~ Marwlck~ Mitchell ss well. Ayes: Mr. Applegate, ~r. Mayas, M~'. Dodd and Hrs. Girone. Absent: Mr, Daniel. 10.C+ RENOVATION OF FAIR BUILD%NG FOR CO;3NTY OFFICE USE ~r. Muzzy stated the County is facing short smd lon~-term office space needs. He stated that etaff recommends the renovation of the Fai~ Building to relieve these problems temporarily until the Data Processing, Court~ and ~man Service~ Buildings are ready for occupancy which will be at least several years. ~e stated staff has considered numerous alternatives, has worked with the Fair Association and introduced Mz. Vernon Goodwin, President and General Manager of the Fair Association, who was present. He stated the Fair Association has expressed some concern about the use of the Fair Building but was willing to work with the County as they realize the situation and have looked into the possibility of using an additional tent this year. Mr. Muzzy stated this also involves the location of the Fair, the size, and the conflict of the location at the Government complex and there have been discussions regarding another site. Mr~ Goodwin indicated he did not have any colmRents at this time. Mr. Dodd indicated he felt this was the most appropriate action to be taken to renovate the buildisg b~ ~he~e has to be a definite commitment to the Fair Association to keep it viable and relocate it. Mr. Mayas stated he felt the Association has been very cooperative, we should look for a better site and cooperate during the interim period. Mrs. Girone and Mr. Applegate agreed with the comments made and sta~ed it was a credit to both the County staff and Fair Association for their negotiation in the e~forts to solve space problems. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board: 1. Authorized the County Administrator to enter into contracts for the design and renovation of 'the Fa~.r Building at a cost not to e~¢eed $250~000 and appropriated $250,000 from the General Fund Balance. 2. Directed the Administrator .to work with the F~ir Committee and establish a process toward ccnsideri]~g a new site ~or the County Fair. 85-254 Ayes: Mr. Applegate, Mr. Mayes, Mr. Dedd and Mrs. ~irone. Absent: Mr. Daniel. 10.D, ETTRICK/MATOACA AND WINTERPOCK TRANSFER STATIONS Mr. Howell stated that the current dumpster sites in Ettrick are inadequate to handle the heavy volume of waste deposited at the existing two sites as well as in Winterpeck. He recommended that sites at Gifft's Store in Winterpock and on Vi~qinia State University's property be approved and improved for this purpose. Mrs. Girone stated this was another cooperative effort by Virginia State. Mr. Mayes stated that the Board of Virginia State approved this arrangement under duress and suggested that a suitable site be found in Ettrick as this will cause some disturbance at the University and in spite of this, the University Board cooperated with the County to relieve the pressure at the moment. ~e stated the site at the Park has to be removed immediately but we do have to address waste disposal in more detail in Ettrick as this will be a temporary situation. He stated he felt the site would exist less than three years as there is a great amount of opposition and that he was in favor of this site only because it was necessary to remove the dumpster from the Park. Mr. Howell stated that there were two sites considered but both property owners refused to sell to the County. He reviewed further the plans end co,ts for the sites which would cost approximately $80,000. ~Ie expressed appreciation to Mr. Stith for his assistance in this matter. Mr. Stith stated that he had been approached by ~ome of the residents who will be affected by the transfer station in Ettrick and he and other County staff will meet with them to allay some of their tears. He stated that the County will have periodic reviews of the site, among other things, and it may be acceptable for a longer period of time. Mr. Mayes requested that Mr. Micas contact the Attorney General to make sure the County is within bounds in this arreegement. He requested that this site be managed better than the existing site in the Park. On motion of Mr. Mayes, seconded by Mr. Dodd~ the Board approved the Gifft's ~ito in Winterpock and the Virginia State University site in Ettrlck for transfer stations and improvements at the sites, authorized the County Administrator to execute lease documents and further appropriated $80~000 from the General Fund Surplus and further reduced 'the 1985-86 budget by $80,000 as these funds were included in the p~oposed budget. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.E. REPLACEMENT OF CHESTERFIELD COUNTY BONDS Mr. ~odge stated that the Marine Midland Bank, holder of a number of Chesterfield County bonds, found that five bonds have been lost from the 1985 Chesterfield County School Bond Issue. He stated the procedure to replace these will not cause the County any exposure. Mrs. McGuiro wa~ present and stated that the Bank has offered a surety bond to cover any loss to the County in the event the original bonds are found. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board hereby requests the Commission on Local Debt to authorize Marine Midland Bank to replace the five lest Chesterfiuld bonds based on their affidavit of loss and insurance polisy indemnifying the County against double payment. Ayes: Mr. Applegate, Mw. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 85-255 10.F. SHT PUBLIC NEARING DATES 10.F.1, COMVEY PARCEL OF LAND IN INDUSTRIAL PARK TO P~IB, INC. On motion of Mrs. ~irone, seconded by Mr. Dodd, the Board set th~ date cf May 8, 1985 at 7;00 p.m. for a public hearing to conside~ the conveyance of a parcel of land in the Airport Industrial Par) to pMBt Inc. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent; Mr. Daniel. 10.F.2. ORDINANCE REFLECTING NUmbERING CHANGES IN STATE LAW On motion of Mr. Dodd, seconded by Mrs. Girone, the Board set th~ date Of May 22, 1985 at 9:00 a.m. fur a public hearing to consider an ordinance changing all references to State Code chapters to adhere to changes in the State Code numbering sequence. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absentl Mr. Daniel. 10.G. VOTING PRECINCT ISSUES 10.G.i, ORDINANCE TO CREATE TWO NEW VOTING PRECINCTS Ma. Dot ~Meldrum expressed appreciation to the Board for the purchase of new voting machines and the Planning Department and County Attorney'c office for their assictance in creating two ne, voting precincts which were necessary. Ms. Karen Waldren was prcsunt and explained th~ proposed changes and the effects. 9he stated that they would like to make a change to the proposed ordinance and call the large area on the western edge of the map Tomahawk and the area on the eastern edge Swift Creek. On motio~ of Mrs. Girone, seconded by Mr. Dodd, the Board set the date of May 22, 1985 at 9:00 a.m. for a public hearing to consider an ordinance relating to precinct boundaries and polling place~. Ayes:. Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel, 10,G.2. RELOCATION OF LUCKS LANE On motion of Mrs. Girone, ~econded by Mr. Mayes, the Board adopted the following resolution: WNEREAS, Lucks Lane, from Courthouse Road to Coalfield Road is one of the boundaries dividing the Midlothian Magisterial District from the Clover {{ill Magicterial District; and WHEREAS, the portion of Lucks Lane from Falling Creek to Coalfield Road has been relocated so that it intersects Cealfiel Road at a point approximately 3,000 feet souuh of its previous alignment, resulting in the addition of approximately 125 voters to the Midlothian Magisterial District. NOW, BE IT PeESOLVED BY THE BOARD OF SUPERVISORS OF CNESTERFIELD COUNTY THAT: i. The Board of Supervisors recognizes the relocation of Luckm Lane for the purposes of establishing a boundary line between the m&gi~te~ial d~stricts a]~d registering voters in! the affected area and for no other purpose; and 2. The Board of Supervisors instructs the Registrar to retain Lucks Lane as One of the boondaries b~tween the Clover Mill and Midlo~hian Magisterial Districts and to register those voters living in the a~£ected a~ea in the Midlothian Magisterial District. Ayes: Mr. Applegate, Mr, Mayas, Mr. Dodd and Mrs. Girona. Absent: Mr. Daniel. Mrs. Girone requested a list oi the people affected by this change. 10.H. APPOINTMENTS 10.H.1. LANDFILL ADVISORY COMMITTE= On motion of Mrs. Girone, seconded by Mr. Mayas, the Board accepted the resignation of Ms. Cynthia Green from the Landfill Advisory committee effective immediately. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 0n motion of Mrs. Girone, seconded by Mr. Mayas, the Board nominated Mr. Warren Dietsrich to the Landfill Advisory Committee which appointment will be formally considered at the May 8, 1985 meeting. Ayes: Mr. Applegate, Mr. Mayes~ Mr. Dodd and Mrs. Gir~ne. Absent: Mr. Daniel. 10.H.2. APPOM~TTOX BASIN INDUSTRIAL D~V~LOPMENT CORPORATION On motion of Mr. Mayas, seconded by Mr. Dodd, the Board nomlnat~d ~r. Cecil Williams, Dr. ~reddie Nicholas, Mr. Michael Dubus and Mr. C. F. Currin for appointment rd the Appomattox Basin Industrial Development Corporation which formal appointments will be made at the May 8, 1985 meeting. It is noted that the association with the Crater Planning District Commission would be on a trial basi~ through FY 1985-86 even though there are some e0neerqs regarding the concept. Ayes: Mr. Applegate, Mr. Mayas, Mr, Dodd and Mrs. Girone. Absent: Mr. Daniel. It was requested that a letter of appreciation be forwarded to Mr. James Ridgeway for his assistance on this Corporation in the past. 10.I. C0~94UNITY DEVELOPMENT ITEMS 10.I.t. STREET L~G}~T INSTALLATION COST APPROVALS On motion of Mr. Dodd, seconded by Mr. Mayas, the Board approved the following street light installatioD cost approvals for the following locations with funds necessary to be appropriated from the Unappropriated Surplus of the General Fund: 1. K~tcham Drive - $1,320.00 - Clover Hill 2. ggan and West Roa~ - $980.00 - Clover Hill 3. Arrowfield Road - $1~043.00 - Matoaca 4. Route 60 and Charter Colony Parkway - $1,919.24 - Midlothian 5. Corbridge and Stornoway - $574.00 ~ Dale 6. Drakeshire Road and Bdgemer~ Boulevard - $1,986.00 - Dale 7. Beulah and Brookshire - $1~632.00 - Dale Litchfield Drive and Towche~t~r - $1,516.DD - Clover Hill 9. Newby's Bridge Road and Litchfield Drive - $400.00 - Clover ~ill 10. 9ound Hil~ Drive and ~etcham Drive - $1,431.00 - Clover Hill 11. Round Hi]l Drive add Towchest~r Drive -- $1,335.00 ~ Clover Hill 85-257 Ayes: Mr. Applegate, Mr, Mayee, Mr, Dodd and Mrm. Girone. Absent: Mr. Daniel. Mr. Dodd stated the Board could reasee~e its district funds at the beginning of the new yea~. Mr. Ramsey stated the budget for street lights doublee next year. 10.I.2. STREET LIGHT REQUESTS On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved the installation of street lights at the following locations with any necessary funds to be expended from the District Street Eights as indicated: 1. Intersection of Vayo Avenue and Falling Creek Avenue - 2. Intersection of Iron Bridge Road and Courthouse Road - Dale 3. Intersection of Belmont Road and Suejean Drive - Dale 4. Intersection of Bridle Path Drive and Bridle Path Court - Dale 5. Intersection of Forest Hill Avenue and MoRae Road - Midlothian Ayes: Mr. Applegate, Mr. Mayes, Mr. Dcdd and Mrs. Girone. Absent: Mr. Daniel. 10.I.3. CONSIDER THROUGH TRUCK TRAFFIC ON }~APP¥ HILL ROAD On motion of Mr. Mayes, seconded by Mrs. Girone~ the Board set the date of May 22, 1985 at 9:00 a.m~ for a public hearing to consider the restriction of through truck traffic on ~appy Hill Road. Ayee: ~lr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.I.4. VIRGINIA COK~UNITY DEVELOPMENT BLOCK GRANT On motion of Mr. Dodd, seconded by Mrs. Girone, the Board set the date of May 22~ 1985 at 9:00 a.m. for a public hearing to consider the County's Virginia Community Development Block Grant Application for the Bellwood/Bensley area. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd end Mrs. Girone. Absent: Mr. Daniel. 10,I.5. ISSUANCE OF REVENUE BONDS FOE ALVIN WILSON HEDGES On motion of Mr. Dodd, seco~ded by Mr. Mayes, the Board adopted the following resolution: Approving the action taken by the Industrial Development Authority of the County of Chesterfield in the adoption of a resolution providing for authorization of issuance of bondm in an amount not to exceed $1,627,500.00, for and on behalf of Alvin Wilson Hedges for lease to J. M. Fry Company and Southern Printing Ink Corp. for the acquisition, construction and equipping of an ink manufacturing facility to be located on 7.28 acres, more Or less, off Cardwell Road adjacent to 5005 Cardwell Road, in Chesterfield County, Virginia. Approved as to for~ by County Attorney WHEP~EAS, the Industrial Development Authority Of The County of ChesterfielO, Virginia (the "Authority"), has been empowered by the Beard of Supervisors of Chesterfield County, Virginia~ to act as an Industrial Development Authority on behalf of the County of 85-258 Chesterfield, as provided in Section 15.1-1378 of the Code Of Virginia (1950) ~ as amended; WHEREAS, the Authority has considered the application of Alvin Wilson Hedges requesting the issuance o£ the Authority's industrial development revenue bonds in an amount not to exceed $1,627,500.00 (the "Bonds") to assist in the acquisition, construction and equipping of an ink manufacturing facility (the "Project"), located On 7.29 acres, more or less, on Cardwell Road, adjacent to 5005 Cardwell Road in Chesterfield County, Virginia, and has held a public hearing thereon on March 20, 1985; WHSREAS, a copy of the Authority's resolution recommending the issuance of the Bonds, subject to the terms to be agreed upon, e certificate of the public hearing, and a Fiscal Impact Statement are attached to the draft of this resolution. NOW, ~HEHEFORB, BE IT I~ESOLVED BY THE BOARD OF SLrPHRVISORS OF TEE COUNTY O~ CHBSTERFIEI.D: 1. The Board of Supe~vis0rs approves the issuance of Industrial Revenue Bonds in an amount not to exceed $1,627,500.00 by the Authority for the benefit of Alvin Wilson Hedges for lease to J. M. Fry Company and Southern Printing Ink Corp., ss required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia, as amended, to permit the Authority to assist in the financing of the Project. 2. ~he approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the bonds of the creditworthiness of the Project or Alvin Wilson Hedges, J. M. Fry Company or Southern Printing Ink Corp. Further, neither the Commonwealth, nor the County of Chesterfield, nor the Authority shall be obligated to pay the bond principal or the interest thereon Or other costs incident to issuance except ~rom the revenue moneys pledged therefor and neither the faith and credit nor the taxing power of the Commonwealth nor the County of Chesterfield is pledged to the payment of the principal of such bonds or the i~terest thereon or other costs incident thereto. Ayes: ~lr. App!egate, ~[r. ~ayes, Mr. Dodd and Mrs. Gi~one. Absent: ~r. Daniel. t0.J. CONSENT ITEMS 10.J.1. BINGO AND/OR RAFFLE PERMITS On motion of Mrs. Girone, ~eoonded by ~r. ~ayes~ the Board approved the requests for bingo and/or raffl~ permits for the Greenfield Elementary School PTA and Virginia State University Athletic Booster Club for calendar year 1985. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.J.2. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of South Stevens Holl~ Drive, North Stevens Hollow Drive, Sexton Drive~ Hollow Branch Court, and ~ollow Ridge Court in Stevens ~ollow Section, a r~maining portion of Section 2 and Section 3, Clover Hill District. Upon consideration whereof, and on motion of Mrs. Girone, seconded by Mr. Mayes, it is resolved tha~ South Stevens ~oll0w 85-259 Drive, North Stevens Hollow Drive, Sexton Drive, Hollow Branch Court, and ~ollow Ridge Court in Stevens Hollow Section, a remaining portion of Section ~ and Section 3, Clever Bill District, be and they hereby are established as public roads. And be it further re~olved, that the Virginia Department o~ Highways and Transportion, be and it hereby is requested to take into the Secondary System, South Stevens ~ollow Drive, beginning where State Maintenance ends, South Stevens Hollow Drive, State Route 3051, and going 0.10 mile northeasterly to the intersection with Sexton Drive; ~orth Stevens Rollow Drive, beginning a~ the intersection with sexton Drive and going 0.11 mile northwesterly to the intersection with Hollow Branch Court, then continuing 0.06 mile westerly to the intersection with Hollow Ridge Court, then continuing 0.01 mile westerly to tie into existing North Stevens Hollow Drive, State Route 3051; Sexton Drive, beginning where State Maintenance ends, Sexton Drive, State Route 3056, and going 0.02 mile northeasterly to the intersection with North Stevens Hollow Drive and South Stevens Hollow Drive, then con- tinuing 0,03 mile northeasterly to tie into proposed Sexton Drive, Ashley Village Subdivision; Hollow Branch Court, beginning at the intersection with North Stevens Hollow Drive and going 0.09 mile northerly to a cul-de-sac; and Hollow Ridge Court, beginning at the intersection with North Stevens Hollow Drive and going 0.03 mile northerly to a cul-de-sac. ~his request is inclusive of the adjacent elope easements. These roads serve 57 lots. And be it further resolved, that the Board of Supervisors guaran- tees to the Virginia Department of ~ighways a 50 foot right-of-way for all of these roads except Hollow Branch Court and ~ollow Ridge Court which have a 40 foot right-of-way. These sections of Stevens Hollow are recorded as fellows: Section 2. Plat Book 37, Pages 76 & 77, November 20, 1980. Section 3. Plat Book 43, Pages 62 & 63, July 28, 1983. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Oirone. Absent; ~Lr. Daniel. 10.J.3. APPOINT$iENT OF ASSISTANT FIRE MARSHkLS On motion of Mrs. Girone, seconded by M_r. Mayes, the Board rescinded its motion of April 28, 1982 appointing Battalion Chief O. M. Jones as Assistant Fire Marshal and ~urther the Board appointed Captain David C. Cressy and Sergeant Roland D. Stokes as Assistant Fire Marshals pursuant to Section 27-36 of the Code o~ Virginia, 1950, as amended+ Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and ~s. Girone. Absent: Mr. Daniel. 10.J.4. SHORT TERM LOA}~ IN ANTICIPATION OF TAX REVENUES On motion of Mrs. ~irone, seconded by ~. Mayes, the Hoard authorized the County Treasurer to ne~otiat~ short-term loans not to exceed $8,000,000 in accordance with Section 15.1-545 of the Code of Virginia, as amended, and the rata of interest as determined is in compliance with Section 2.1-326.1 of the Code of virginia, as amended. Ayes: Mr. Applegate, ~r. Mayes, ML Dodd and MrS. Sirone. A~sent: Mr. Daniel. 85--260 10.K. UTILITIES DEPARTMENT 10,K.1. REPORTS 1O.K.l.a. WATER AND SEWER FINANCIAL REPORTS Mr. Welchons presented the Board with a water and sewer financial status report. 10.K.l.b. DEVELOPER WATER AND SEWER CONTRACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 10.K.2. PUBLIC HEARIN~g 10.K.2.a. VACATION OF EA~E~LENT IN OTTERI~URN Mr. Sedge stated this date and time had been advertised for a public hearing to consider an ordinance to vacate an 8 foot easement across Lot 1, Otterburn. There was no opposition present. On motion of Mrs. Girone, seconded by Ms. Dodd, the Beard approved the following ordinance: AN ORDINANCE to vacate an 8-Foot Easement across Lot 1, 0tterburn Subdivision, Clever Hill Magisterial District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's 0~fice of the Circuit Court of Chesterfield County in Plat Book 47, at page 9. WHEREAS, J. J. Jewett has petitioned the Board cf Supervisors of Chesterfield County~ Virginia to vacate an 8-foot easement across Lot i, Otterbure Subdivision~ Clover E~ll 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 47, page 9, made by J. K. Timmons and Associates, Inc., dated March 21, 1984. The easement petitioned to be vacated is mere fully described as follows: A~ 8-foot easement across Lot 1, Otterburn Subdivision, the location of which is more fully shown shaded in red on a plat made by J. K. Timmons and Associates, Inc., dated March 21, 1984, 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, ~o public necessity exists for the continuance of the easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OP SUPERVISORS OF CHESTERFIELD CQUNTY, VIRGINIA: That pursuant to Section 15.1-4~12{b) of the Code of ~, 1950, as amended, the aforesaid easement be and is acated and no longer necessory for public use. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Cheeterfield, Virginda pursuant to Section 15.1-485 of the Code of V~il~i~, 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 $5-261 of the plat vacated. This Ordinance shall vest fee simple title to the easement hereby vacated in the property owners of the lot free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names o the County of Chesterfield as grantor and J. J. Jewett, or his successors in title, as grantee. Ayes: Mr. Applegate, M~. Mayes, Mr. Dodd and Mrs. ~i~one. Absent: Mr. Daniel. CONVEYANCE OF LAND ADJACENT TO COURTHOUSE ROAD Mr. Hodge stated this date and time had been advertised for a public hearing to consider the conveyance of a 50 foot parcel of land adjacent to and west of Courthouse Road. There was no one present to discuss this matter. On motion of Mr. Mayes, seconds by Mr. Dodd, the Board approved the conveyance of a 50 foot parcel of land adjacent to and west of Courthouse Road to Aubrey R. and Shirley Condrey Taylor, Michael E. and Sherry L. Condrey and Randy M. and Pamela C. Mudson and authorized the Chairman of the Board and County Administrator to execute this quit claim deed on behalf of the County. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.2.c. ORDINANCE TO VACATE BOTANY WOODS SUBDIVISION Mr. B0dge stated this date and time had been advertised for a public hearing to consider the vacation of Botany Woods Subdivision. There was no one present to discuss this matter. O motion o£ Mr. Dodd, ~econded by Mr. Mayes, the Board adopted the following ordinance: AN ORDINANCE to vacate Botany Woods Subdivision, Bermuda Magisterial District, Chesterfield County, Virginia, as ~hown on plats thereof duly recorded in the Clerk's Office of tho Circuit Court of Chesterfield County in Plat Book 22 pages 45, 46, 47, 48 and 49 and in Plat Book 23, pages 15, 16, 17, 18 and 19. WHEREAS, the Department of Parks and Recreation has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Botany Woods Subdivision, Bermuda Magisterial District, Chesterfield County, Virginia more particularly shown on plats of record in tko Clerk's Office of the Circuit Court of said County in Plat Book 22, pa~e~ 45, 46, 47, 48 and 49 and in Plat Book 23, pages !5, 16, 17, 18 and 19 made by Austin Brockenbrough and Associates. The subdivision petitioned to be vacated is more fully described ss follows: Botany Woods Subdivision, the location of which is more fully shown on plats made by Austin Brockenbrough and Associates copies of which ere recorded in the Clerk's Office of the Circuit Court, Chesterfield County, Virginia, in Plat Book 22, pages 45, 46, 47, 48 and 49 and Plat Book 23, pages 15, 16, 17, 18 and 19. WHERe:AS, notice has been gJve~ pursuant to Section 15.1-431 of the Cede of Virqinia, 1950, as amended, by advertising. WHEREAS, no public necessity exists fo~ the con=inuancs of the subdivision sought to be vacated. 85-262 NOW TBER~FORE, BE ~T 0RDA~NED BY ~RE BOARD OF SUPERVISORS OF C~ST~RFIBLD COUNTY, VIRGINIA: That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid subdivision be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded ne sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant %0 section 15.1-485 of the Code of Virginia, 1950, as ~mended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the plats vacated. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield, as grantor, and =he County of Chesterfield or its successors in title, as grantee. Ayes: Mr, Applegate, Mr. Hayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.3. COUNTEROEE~E FOR NORCLIFf' ROAD WATER TANK On motion of Nr. Dodd, seconded by Mr. Mayes, the Board rejected the counteroffer of James R. Sowers for the purchase of Lot 15, Kingsland Heiqhts Subdivision, for the Norcliff Road Water Tank site in the amount of $10,000 for which the County's original offer was $1,500; and further the Board authorized the County A~torney ~o institute condemnation proceedings against the following property owners if the amount as set opposite their nam¢~ is not accepted. And be it further resolved that the County Administrator notify said property owners by registered mail on April 25, 1985 of the County's attention to enter upon and tak~ th~ property which is to be the subject of said condemnation proceedings. An emergency existing, this resolution ~hall be declared in full force and effect immediately upon passage pursuant to Section 15.1-238.1 of the Code of Virginia, 1950~ ms amended. James R. Sowers Norcliff Water Tank site $1,500 Ayes: Mr~ Apptegate, Mr. Mayes~ Mr. Dodd and Mrs. Girone. Absent; Mr. Daniel. 10.K.4. FALLING CP~EK PUMP STATION/FORCE MAIN CONTRACT On motion Of ~4r, Dodd, seconded by Mr. Mayes, the Board authorimed the County Administrs. tor to execute, on behalf of the County, Addendum ~1 to the Falling Creek Pump Station and Force Main Design Contract with Whitman, Requardt and Associates which defines the changes to the contract for the design of Phase I of the Bailey Bridge force main and will ~ncrease the contract amount by $160,000. NO additionsl appropriation is required. Ayes: Mr. Applegate, Mr. ~ayes, ~r. Dodd and Mrs. Girone. Absent: M~'. Daniel. 85-2~3 ).E.5. CONSENT ITEMS 0.K.5.a. SEWER CONTRACT FOR FOREST ACRES~ SECTION D ,n motion of Mars. Gizone, Seconded by M~. Mayas, the Board pproved and authorized the County Administrator to execute any ecessary documents for the following sewer contract: lower Contract No. E85-35CD/7(8)5352, Porest Acres, Section D, Offsite Sewer ,eveloper: George B. Sowers, Jr. & Associates :ontraetor: J. Steven Chafln~ Inc. 'oral Contract Cost: 'oral Estimated County Cost: istimated Developer Cost: [umber of Connections: 2 lode: 574-1-00556-0000 $22~195.45 .22 195.45 (Refunds through Connection Fees) ~yes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. ~sent: Mr. Daniel. SEWER CONTACT .~iDONG ROUTE 360 AND POCOSHOCE HILLS AREA )n motion of MrS. Gironet seconded by Mr. Mayas, the Board ~pproved and authorized the County Administrator to execute any ~eces~ary documents for the foll~win~ set. er contract: ;ewer Contract No. S84-168CD/7(8)4685 - Sewer Extensions along ROUte ~60 and Pocoshock Boulevard to serve Parcel 14 and Lots 7 and 9, Pocoshock Hills Subdivision on County Tax Map 40-5. )eveloper: Surreywood Land Corporation ~ontractcr: Best Backhoe & ~xcavating ~otal Contrast Cost: $47,904.72 ~otal Estimated County Cost= 20~200,O0 (Refunds through Connections) ~stimated Developer Cost: $27,704.72 Iumber of Connectioos: 2 :ode: 574-1-00556-0000 ~yes: M~. Applegate, Mr. Mayes, M3r. Dodd and Mrs. Girone. ~sent: Mr, Daniel. .0.K.5.c. WATER CONTRACT FOR SAMBAR r~OAD In motion of Mrs. ~iron~, seconded by Mr. Mayas, the Board ~pproved and authorized the County Administrator to execute any ~eeessary documents for the award of Water Contract No. I84-146C/6(8)4464~ Water Line Extension to Serve Sambar Road, to [ayton & Johnson Construction, Inc., in the amount of their low ,id of $10,800.00, based cn P.V.C. pipe; and further the Board .ppropriated $5,880 from 563 surplus to 380-1-64464-a393, which ncludes a 10% contingency. It is noted there has been a prior ppropriation in the amount of $6,000.00. ~yas: Mr. Applegate, ~r. Mayes~ Mr. Dodd and 5~s. Girone. ~sent: Mr. Daniel. 0.K.5.d. EXTENSION OF TI~.IE FOR REFUNDS FOR HEATHERiDGE In motion of Mrs. Girone, seconded by Mr. Mayas, the Board pproved a request from Samos Development Corporation for a one fear extension of time on refund~ for Heatheridge Subdivision, ~ontract No. W79-!6CD for oversize wa~er lines which refund .~r°visi°n will expire ~arch 14, 1986. ~yes: Mr. Apple~ate, Mr. Mayes~ Mr~ Dodd and Mrs. Girone. %bsent: ~b~. Daniel. S5-264 10.K.5.e. REPUND PROVISION FOR SIXTY-147 LAND COMPANY On motion of Mrs. Girone, seconded by ~r. Mayes, the Board approved a request from Sixty-147 Land Company ~er a one year extension of time for the refund provision for Sewer Contract No. $80-21CD/7(8)0212 which refund provision will expire on May 5, 1986. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.5.f. REQUEST FROM C&P FOE ~ASEM~NT TO BURY CABLE On motion cf Mrs, Girone, seconded by Mr. Mayes, the Board rescinded its resolution of April 10, 1985 authorizing a public hearing ho consider the conveyance of an easement to CaP to bury an underground cable across Country property to serve Branches Trace Townhouses and further the Board approved and authorized the Chairmen of the Board and County Administrator to execute an~ necessary documents for said easement agreement. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. ~irone. Absent: Mr. Daniel. EASEMENT FOR EASEMENT AT POCONO WATER TANK SITE On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved a request from C&P for an eamement for ingress and egress across County property at the Pocono Water Tank site and the Chairman of the Board and County Adm. inistrator arc hereby authorized to execute the easement agreement. Ayes: Mr. Applegete, Mr. Mayes, Mr. Dodd and Mrs. Girone. ~doment: Mr. Daniel. 10.K.5.h. C&P EASEMENT AT GREENFIELD ELEMENTARY PARK AREA On motion of Ers. Girone, seconded by ~r. Mayes, the Board a9proMed a request from C&P for an easement for a communication system, including building, cables and other appurtenances, including ingress and egress across County property at Greenfiel¢ Elementary Park site area and the Chairman of the Board and County Administrator are hereby authorized to execute the easement a~eement, Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.E.5.i. DEED OF DEDICATION ALONG GENITO ROAD On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authc.rized the County A~m~nistrat0r to execute any necessary documents accepting~ on behalf of the County, a deed dedication for a 20 foot strip of land along Genit0 Road from James E. Stanley and Beth B. Stanley. Ayes: Mr. Applegate~ Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.5.j. DEED OF DEDICATION ALONG LITTLE CREEK LANE/HOPEINS On motion of Mrs. Girone, seconded by Mr. Msyes, the Board approved and authorized the County Ac~inistrator to execute any necessary decrements accepting, on Del~al~ of the County, a deed o; dedication from Chesterfield County School Board ~or a strip of land along Little Creek Lane and Eopkins Road. ~5-265 Ayes: Mr. Applegater Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.5.k. DEED OF DEDICATION ALONG LITTLE CREEK LANE On motion of Mrs. Girone, seconded by Mr. Mayas, the Board approved and authorized the County A~inistrator to execute any necessary documents accepting, on behalf of the County, deed~ of dedication for two 30-foot strips of land along Little Creek Lane from Ji~umy D. Hire and Patricia ~. Mite. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.5.1. DEED OF DEDICATION ALONG OLD BERMUDA BUNDF~ED ROAD On motion of Mrs. Girone, seconded by Mr. Mayas, the Board approved and authorized the County Administrator to execute any necessary documents accepting, en behalf of the County, a dead of dedication for a 15-foot strip of land along Old Bermuda ~undred Road from Cassia T. end David $. Rutland. Ayes: Mr. Appleqate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 10.K.5.m~ D~D OF DEDICATION WITEIN BLOCK Ae...~.~X.L.EY On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute any necessary documents accepting, on behalf of the County, a deed of dedication for a parcel of land within Block A, Bexley, Section l, from Wallace H. and Rosana L. LaPrade. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. lO.L. P~EpORTS Mr. He,ge presented the Board with a report on the Powhite Parkway Extension and on the General Fund Balance and General Fund contingency accounts. 10.L.1. R~PORT ON WATER STORAG~ ~{D DISTRIBUTION Mr. Muzzy stated the staff ha~ teen ~on~toring the water supply in the County brought to a serious situation by the dry weather that has been experienced. He stated several weeks ago the citizens were requested to voluntarily conserve water as there was a pump out at one of the water tanks. He stated, however, that even with the pump back on line, with the hot and dry weather we still were e×pa~ieucing a difficult situation. Se stated tho water usage last weekend approached twioe what it normally would have been. He.dietributed information on water demands and CIP projects to relieve the distribution problems. ~e stated that staff felt some action was necessary to be taken so that we do not have a critical water shortage in the County. He stated there was adequate supply and distribution for normal domestic uses and fire protection needs. He s~ated that lawn sprinkling and irrigation were causing the problem. He stated that the volunteer efforts of the citizens last weekend were suooessfu~ and this Monday and 'i~esday usage was back to normal. Re stated the staff would be requesting mandatory lawn and garden sprinkling conservatio~ on weekends until such time as the drought is ended and water usage returns to a level that could be supplied. He stated that uhe Board would he requested to take action this afternoon. Mrs. GJ. sone stated she felt it would be better to be cautious then sorry later. Mr. Mayas inquired about the distribution. Mr. We].chens stat~d the County did net have the pumps or storage 'to handle the demand on weekends when 85-266 people are home watering lawns, etc. Be reviewed and detailed the CIP projects which would help the situation. ~e stated further that if people water during the weekdays there is no problem, only on weekends. He stated staff suggested that a ban be placed on watering lawns and gardens frgm 6:00 a.m. on Saturday through midnight Sunday. After further discussion it wac generally aqreed that action would be taken after lunch. On motion of Mr. Dodd, seconded by Mr. Mayas, the for lunch at the Airport Crosswind Restaurant. Reecnvening: 10.L.1. REPORT ON WATER STORACE ~D DISTRIBUTION Mr. Mu~zy stated staff has been watching the water supply very carefully and have been ex~periencing peak demands on the weekend which a!e running close to twice what was expected during this season. He stated on the weekends people working outside have caused the water usage to go up dramatically and last week the requested voluntary conservation helped. He assured the Board that there was not an emergency situation in that there is adequate water for domestic use and ~cr fire fighting and other commercial and residential activities. He stated again that the situation that is being experienced is ce the weekends. He also stated that he expected the ban may have to continue throughout the summer and watering has caused an excessive demand ce the system. Be presented the Board with a proposed resolution calling for a mandatory ban of watering and sprinkling of garden for residential and co~ercial uses on only weekends until further notice. On motion of Mrs. Girone, seconded by Mr. Dodd the Board adopted the following resolution: Whereas, peak demand for County water occurs on the weekend at this time of the year due to additional de,ands for the watering of lawns and gardens; and Whereas~ due to a lack of rainfall and unseasonably hot weather, the natural supply of water has decreased and lawn or garden watering has increased significaetly; and ~hereas, current peak den~nds exceed the storage capacity and pumping capability of the County' water system, thereby creating an e~ergency situs%ion necessitating action by the ~oar, of Supervisors to-pr~nt.a water shortage on the weekends. Now, Therefore, Be ~t Resolved by 'the Board of Supervisors of Chesterfield County that: 1. Pursuant to ~20~15 of 'the Code of the County of Chesterfield., 1978, th~ use of water from the County water system to water residential or commercial lawns or gardens · by sprinklinq or any other method is Dmohibited from a.m. Saturday to twelve ~idnight 2. This prohibition shalllbecome effective.upon passage and shall remain in effect ~ntil rescinded by action of the Board of Supervlscrs; and 3. Any person violating the provisions of this resolution shall be subject to a $100.00 fine. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. ~rs. Girone stated that she felt tibia was a wise idea and that w~s better to be safe than sorry and if the weather situation changes, the issue could be readdressed, The Board requested that staff keep them informed of the statu~ of this situation on s regular bas~s, Mr. App!ega~e ~equested that the press notify the public of this ban as soon a~ p©~ible. 85-~267 Mr. Applegate stated that Mr. Dodd would be presiding at the zoning cession per the rules established by the Board, 10.M. REQUESTS FOR MOBILE HOME PER/~,ITg Mr. Dodd disclosed that he was in the mobile home business although not related directly to salee and requested that anyone who might be purchasing a mobile home from his company make it known in order that he could declare a conflict of in%crest and not Participate in the discussion. 8~SR065 In Dale Magisterial District, Wesley A. Chapman requested renewal of a Mobile Home permit to park a mobile home on property which he owns. Property fronts the north line of Little Creek Lane, approximately 950 feet west'of Meadweod Circle and is better known as 4700 Little Creek Lane. Tax Map 52-15 (1) Parcel 15 (shee~ Mr. Chapman was present. There was no opposition present. On motion of Mr. Applegate, seconded by Mr. Mayes, the Board approved thi~ request for a period of five years subject 'to the follow%ns standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. No lot or parcel may be rented or leased for use as a mobile home site, nor shall any r~obile home be used for rental property. Only one (1) mobile home shall be permitted to be parked On an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable sorting district shall be ~omplied with, except tbat no mobile home shall be located closer than 20 feet to any existing residence. 4, NO additional permanent-type living space may be added unto a mobile home. Ail mobile homes shall be skirted but shall no__~ be placed on a permanent foundation. 5. Where public (County] water and/or sewer are available, they shall belused. 5. Upon being granted a Mobile Ho~e Permit, 'the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. 7. Any violation cf the above conditloas ~hall be grounds for revocation of the Mobile ~ome Permit. Ayes: Mr. Applegata, Mr. Mayes, Mr. Dodd and ~rs. Giroaa Absent: ~r. Daniel. 85S069 In Bermuda Magisterial District, Charles D. Joyner requested a Hobile Home Permit to park a mobile home on property which he is ~rchasing from Bottle Wray. The lots front the west line of ~enate Street, approximately 250 feet south cf Aleo=t Road and is )otter known as 7600 Senate Street. Tax ~ap 67-10 (3) Rayon ?ark, Block 7, Lots ll through 14 (Sheet 23). Mr. and MrS. Joyner were present. Mr, Dodd inquired if there had been a trailer at this toca%ion previously. Mr. Joyner stated 85-268 this is a double-wide trailer which has existed for many years. Thsre was no Opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved this request subject to the following standard conditions: 1. The applicant shall be the owner and occupant of the mobile home. 2. NO lot or parcel may be rented or leased for use as a mobile home site, nor shall any mobile home bm used for rental property. Only one {i) mobile home shall be permitted to be parked on an individual lot or parcel. 3. The minimum lot size, yard setbacks, required front yard, and other =cuing requirements of the applicable zoning district shall be complied with, except that no mobile home shall ke located closer than 20 feet to any existing residence. 4. No additional permaneat-type living space may be added onto a mobile home. Ail mobile homes shall be skirted but shall not be placed on s permanent foundation, 5. Where public (County) water a~d/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the R~ildlng O!fic~al. This shal/ be done prior to the installation or r~location of the mobile home. Any violation of the above conditions shall be grounds for revocation of tho Mobile Home Permit. ~yes: Mr. Applegate, Mr. Mayes, Mr~ Dodd and Mrs. Cirone. ~bsent: Mr. Daniel. ,O.N. REQUESTS FOR REZONING :4S192 in Matoa~a Magisterial District, JAMES O. MARTIN, JR. requested a !onditional Use to permit a convenience store in an Agricultural A) District on a 2.12 acre parcel fronting approximately 315 eot on the east line of Quells Road, also fronting approximately 10 feet on Spring Run Road, and located in the northeast uadrant of the intersection of these reads. Tax Map 93-5 (1) arcel 1 (Sheet 30). r. Peele stated the ~lanning Co~lis$ion had recommended denial f the request. ~s stated further the applicant has requested a eferral for 30 days. There was ne one, present to discuss the atter. On motion of Mr. Mayes, seconded by Mr. Applegate, the card deferred consideratior~ of this u~atter until. Nay 22~ 1985. les: Mr. Applegate, Mr. Mayes, ~[r. Dodd %nd Mrs. Girome. ~sent: Mr. Daniel. ~S034 % Bermuda Magisterial District, THE CHESTERFIELD COUNTY ~PART~ENT OF PARKS AND R~CREATION requested rezoning from ~sidential 9ownhouse For Sale (R-TH) ~O Residential (R-9) on a ~.1 acre parcel fronting in two places on the south and east .nos of Drewrys ~luff Read fo£ a total of approximately 803 !et, beginning at a point approximately 200 feet southwest of ~ineford Road. Tax Map 67-3 (i) Parcel $0 (Sheet 23). · . Peele stated the Planning Co~issJ.on had recommended approval ~bject to a single condit, io~l. He stated the Par.~s and 85-269 Recreation Department had reguested a 30 day deferral of this case. There wan no one present to discuss this matter. On motion of Mr. Mayas, seconded by Mr. Appiegate, the Board deferred consideration of this matter until May 22, 1985. Ayes: Mr. Applegate, Mr. Mayas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 85S039 ~Amended) In Midlothlan Magisterial Disffflct~. C. PORTER VAUGHAN, JR. requested amendment to a previously granted use permit (Case 68-66A) to: I. Exceed the ten (10) unit per building limitatiol by fourteen (14) units; and II. Permit more than 239 units with only two (2) accesses. This request is for mnltifamily development in a Residential (R-7) District on a 28.3 acre parcel fronting approximately 290 feet on the north line of Iron Mill Road, also ~ronting approximately 1,420 feet o~ Old Ben Air Road and located in the northwest quadrant of the intersection of these roads.~ Tax Map 10~13 (1) Parcel 1 (Sheet 3). Mr. Peele stated the ~lanninq Commission had deferred consideration cf this request for 60 days. He suggested that th~ Board aisc defer consideration at this time. On motion of Mr. Mayer, seconded by Mr. Applegate, the Board deferred consideration of th~m matter until June 26, 1985. ~yes: Mr. A~plegate, Mr. Mayas, M~. Dodd and F~s. Girone. Absent: Mr. Daniel. Mr. Dodd disclosed to the Board that he had a financial interest in the following case, declared a conflict of interest pursuant t0 the Vi:ginia Comprehensive Conflict of Interest Act and excused himself from the meeting. Mr. Applegate disclosed to the Board that his company was involved in the sale of the land in the next case, declared a conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act and excused himself from the meeting. 83S142' (Amended) In Midlothian Magisterial District, BUCKINGHAM OAES ASSOCIATES requested rezoning from Residential (R-7), Residential (R-9) and Agricultural (A) to Office Business (0), Community Business (B-2) and Residential (R-7) plus Conditional Use Planned Development to permit use and bulk exceptions on a 73.2 acre parcel fronting Mt. Pisgah Drive in two separate locations and also fronting approximately 1,400 feet on the north line of Midlothlan Turnplke~ and located in the northeast quadrant of the intersection of these roads. Tax Map 16-9 (1) Parcel 11 and par~ of ~arcels 12 and 18; Tax Map~16-9 (2} Midlothian Manor, Section 1, Block A~ Lot t; Block B, Lots 1, 2 and 3; Blouk C, Lots t and 2 (Sheet 7). Mr. Poole statec the Piano, lng Co~m~i~mion had recommended approval subject to certain conditions. He seated, however, that subsequent to the Ptannin~ Commission meeting, the applicant met With Mrsl Girone and staff to discuss various conditions and staff is recommending modifications to two of those Conditions, 5.A. and 13 which he presented. He stated the Mnvironmental Engineering Department has also requested the addition of Condition %17 dealing with drainage which he distributed. Mr. ~d Wi!lay was present representing the applicant. He stated that they are in agreement w~th' the conditions with the e~eeptio~ of Condition #2.c. He stated that in th~ proffers they agreed that each apar~sment would have 50% brick facades and the developing team has submitted renderings o~ their units. He stated that there are no a~l brick or all wood facades. Be 85-270 stated he would like the Board to amend Condition 2.c. to eonfer~ with the renderings which have been submitted. He stated this if a 73 acre parcel of land located in Midlothlan Village with Mt. Pisgah Drive on the west and Old Buckingham Road on the east. H~ stated the developers have proposed that this be divided into a 50 acre two phase multi-family development in accordance with th~ designs submitted on the back 50 acres, and a shopping center on the front 20 acres with the eastern most two acre parcel being reserved for the rerouting of Old Buckingham Road and for one sign and/or structure that would pick up the facade of the particular design that ia proposed for the apartment development. Re exp%ained the development planning, investment and confidence and stated that the developer hopes to set a standard for other development in the area. }Is ~tated the multi-family would involve 7.25 units per acre, the development of the shopping center would be 142,000 square feet on approximately 20 acres, the commercial design of colonial appearance has been proffered with the application, Old Buckingham Road will be realigned at the developer's expense, they are ].imiting the number of access points and rearranging the crossovers so that they will not impede the flow of traffic, they will pay the cost of one or halJ the cost of two traffic lights if required at Old Buckingham or Mt. Pisgah, etc. He stated it is their intent if the request in approved to contact the Department of Highways and Transportatiol to see if they can implement the traffic ligh~ at the corner of rerouted Old Buckingham ~nd i~s extension in~o Walton Park as part of the first phase. Re stated improvements will be made to Mt. Pisgah Drive, they will buffer the church parking lot and sanctuary from visual ~nterference, reserve the sign of the church by way of an easement, place an easement on the front to protect the ~idlothisn Garden Club sign, provide for the right hand lane that will be coming Out and turning east from Walton Park, and will leave a 100 foot buffe~ from the existing single family communities in the area. He stated they have worked with the civic associations in the area and appreciated their cooperation. He stated the addendum wa~ also acceptable. M~. Rca L. Smith, an adjacent property owner, stated that the applicant has been mo~t cooperative, tbs proffered conditions came about through negotiations with the neighbors and developer~ this appears to present ne real problem as long a~ the apartment~ are constructed in a quality manner: cater to families with only two children, warrant a rental fee in the amount of $500-600, otc. He ~tated they do not want subsidized housing. ~e stated some residents along 01~ Buckingham Ro~d are more concerned with the proposed realignment of this road with Walton Park Drive the anything el~e. ~e stated as conditions exist now, it is impossible at times to make a le~t t~:rn onto Route 60 from Old Buckingham and turning onto ~oute 60 is just aa bad. He stated he did not feel this proposal would worsen but could possibly improve the problem. Mr. John Bmith ~as present and stated he was Opposed to this request. He ~tated that Mt. Pi~gah Drive is mor~ than half a mi].e long and in 1961 Midlo~hian Manor was approved for development. ~e presented the plat and indicated that as a part of that approval two streets~ an additional right Of way and a widening strip were conveyed to th~ County which he feels are being i~nored. He stated it wa~ inconceivable that a 75 acre tract to the north an~ west would be denied access to Coalfield Road £or emergency vehicles, etc, and would channel everyone ont~ Route 60. He discussed th~ development in the area, the County giving awa~ the current access it has for no reason~ the stub road policy, the historical value of the araa~ etc. He stated this would isolate 75 acres which are beuween two major roads. Mrs. Girone inquired whether cz' ncr Old Buckingham Road could remain open as well as b~J.ng relocated as Mr. Lawson and Mr. Gleason had contacted her in this regard. Mr. ~cCracken stated 85-27t the intersection where it comes into Route 60 is at a bad grade and angle and would not leave a very safe traffic situation. There was no One else present to discuss this matter. Mr. Mayes inquired about the property owned Dy the County. Mr. Peele stated that he was not aware of any property that is owned by the County from reviewing the plans submitted with the application. He stated if that were the case, the applicant would not have ownership and it would not be rezoned. He stated if there is a recorded roadway, and if there were a request to vacate it, the property would normally be deeded to the property owners on each side. Mrs. Girone stated that she had talked with the residents along Mt. Pisgah Drive and they are very concerned, if this is approved, that non~ of the traffic from the project come out on their road. She stated she would like the condition regarding the board fence changed to a chain-link fence. She stated she felt this was an excellent plan and has been worked through with the neighbors and there is a good sense of what should be done. She stated that there is a concern about the relocation of Old Buckingham Read to some of th~ older residents who remember it being the original coal road in the County and they are not happy about it being relocated but the Board has to address the current conditions and the health, safety and welfare of the citizens. She stated she felt it would make for a safer conununity if it is aligned with Walton Park Road with a traffic light. She reviewed amended condition #4(b) to indicate a chain-link fence~ amended condition ~5(b) to include a service station as a prohibited use %5(h) to have the signs comply with the special sign district which was approved for the Midlethian corridor, the addition of Condition #17, an~ended Condition ~2(c) as requested by the applicant, and accepted the amendments to #5(a) and %13, Mr. Mayes inquired if the Board approved this~ under the circ'uK~stances raised by Mr. John Smith, were anyone's rights being violated. Mr. Micas stated no rights are being violated. ~rs. Girone stated that if there are roads or riohts of way, the owners could come back and request vacation of t~e access. Mr. Mayes inquired if the matter could be considered since that information is not available. Mr. Micas indicated there is no information that there are dedications that would impact this request. Mr. Peele stated that was correct. Mrs. Girone indicated there was a right of way that was involved off of Oldbury Road that is addressed in the case and will be vacated. On motion of FLus, Girone, seconded by Mr. Mayes, the Board approved this request subject to the following conditions= 1. The following conditions notwithstanding, the plan prepared by DPR and Associates, dated 2/8/85, shall be considered th6 Master ~lsn. {P) The residential tracts (Phases 1 and 2) shall be developed for multifamily units in accord with the following miniamm requirements: All buildings shall be set back a minimum of twenty~f].ve (25) fee~ from private drives and fifteen (15) feet from parking areas. (b) All buildings shall be separated by a minimum of thirt (30) feet, (c) The structures shall have an architactsrs! style as depicted in the renderings submitted with the' application. Structures shall be a co~bination of brick and wood. (BS) 85-272 (d) Density shall not exceed 7.25 units per acre. (o) At the ~ime of schematia plan review, the Planning Commission may impose additional bulk requirements. (CPC~ Schematic plans for the residential land uses shall include the entire residential acreage. (P) The residential tracts (Phases 1 and 2) shall comply with the following minimum requiremenbs: (a) Recreational area required. An area conveniently accessibl~ tc and included within the residential development of not less than ten percent of the gross acreage shell be provided for suitable recreational use by the occupants of the development, and in no event shall less than one and one-half acres be provided. A site plan of the recreational facilities shall be submitted ~0 the Planning Department for approval and incorporated in the master deed as approved before recording. No more than ]'75 occupancy permits shall be issued until the clubhouse, pool and tennis courts shown on the Master Plan have been completed. (P) A 100 foot buffer shall De maintained along the eastern~ nor=horn and western property lines and a fifty (50) foot buffer shall be maintained along the internal public road. With the exception of private drives shown on the Master Plan, there shall be no facilities permitted within these buffers. Utilities may cross through these buffers, but shall not be permitted within the buffers if parallel to the buffers. In conjunction with schematic plan review, a conceptual landsceping plan for these buffers shall be submitted to the Planning Commission for approval. Prior to any clearing or grading, these buffers shall be flagged and the Planning Department contacted for an inspection. Within ninety (90) days of rough clearing and grading, a detailed landscaping plan shall be submitted to the Planning Department for approval. These buffers shall include existing vegetation which shall be supplemented with additional planting where necessary to effect a solid screen. A six (6) foot high chain link ~ence shall be erected within the one hundred (100) foot buffers. This fence shall be located to disturb as little existing vegetation as possible. (A [Applicant:], P & BS) (c) Th~ mix of bedrooms for the entire residential project (Phases ~ and 2) shall be as follows: 30 percent - t bedroom 70 percent - 2 bedroomg These percentages may vary by no more than 1%~ (CPC) (d) Ail exterior lighting shall be concealed source lighting and not exceed a height of fifteen (15) feet, and positioned so as not to project light into adjacent properties. (P) (e) Prior to ootaining any building permits, a plat showing the exact metes and bounds of the area previously used as a landfill shs].l be submitted. No facilities shell be constructed over the fill area unless ~oil engineering studies prove the suitability of such construetion~ (SS) (f) Signs shall be as permitted by the Zoning Ordinance for residential zoning. A single freestanding sign identifying the residential development shell be 85-273 permitted either within the commercial or the Agricultural (Al tracts. The sign supports shall be approved by the Planning Commission at the time of sign package review. The sign supports may include a gazebo or some other ornamental type structure. The sign may be illuminated, but may only be luminous if the signfield is opaque with translucent letters. Prior to erection cf any signs for the residential tract, a sign package shall be submitted to the Planning Commission for approval. Signs shall blend with the architectural style of the development. Prior to any clearing, grading or erection of any signs on the Agricultural (A) tract, schematic plans shall be submitted to the Planning Comanission for approval. (P&CPC) The Co~m~unity Business (B-2) tracts shall be developed in accord with the following ~equirements: (a) The following conditioes notwithstanding, the site shall be designed and have an architectural style as depicted in the Master Plan and elevations. Parking areas shall be located on the interior of the site with buildings fronting public roads. This condition may be modified e.~ 'thc time of schematic plan review, provided plans are submitted which prove the spirit and intent of the condition will be met by topographical conditions, berms and/or landscaping. (Note: This will necessitate that the freestanding buildings be moved to the edge of the fifty (50) foot setback along Midlothian Turnpike and that the longest side of these structures be generally parallel to the public roads. Parking shell be located to the side and rear of these structures. (b) Except for a drive-in restaurant which shall be permitted between Mt. Pisgah Drive and the private access into the shoppin9 center~ uses permitted shall be limited to Community Business (B~2) uses except for the following B-2 uses which shall not be permitted: - Automobile service ~tation~ - freestanding convenience store - public garage - video arcade Id) The area ~round the graveyard and adjacent to the Chnrch parking lot shall be landscaped with ornamental tzees and shrubs. A landscaping plan shall be submitted to the Plannzng Commission for approval in conjunction with schematic plan review. (A&P) Parking areas shall h~v~ ~t least five (5) square feet of interior landscaping per parking s~ace, Each landscaped area shall contain a minimum of fifty (50) square feet and shall be at least five (5) feet wide. At least one ~ree, having a clear trunk of at least five (5) fs~t, shall be provided for each 200 square feet of interior landscaped a~ea. The remaining area shall be lanOscaped so as to divide and break up the expanse of paving. '?he area designated as required setbacks or buffers shall not be calculated as required landscaped area. A conceptaal landscaping plan ~epio- ting this requirement shall be submitted to the Planning Commission for approval in conjunction with site plan review. Within ninety (90) days cf rough clearing and grading, a detailed landscaping plan shall be submitted to the Pl~.nni~g Departmen~ for approval. 85-274 (e) within the fifty (50) foot setback along Midlothian Turnpike, Ornamental trees and shrubs shall be planted This landscaping shall not be within any sewer or wats2 easements. The Planning Commission may reduce the parking and driveway setbsck to twenty-five (25) feet if, at the tim~ of schematic plan review, detailed grading and landscaping plans are submitted which insure the ability to properly maintain any utility lines located within this Set,ack. (P&U) A minimum thirty (30) foot buffer shall be maintained aleng the rear of the proposed shopping center adjacent to the proposed internal private road, This buffer shall be landscaped and Dermed to minimise the view of the rear of the shopping center from the proposed private road and from t~e residential tracts. The real facade of the shopping center shall be constructed wit~ the same color brick a~d with architectural detailing similar to the ~ront facades of the shopping center. Detailed landscapin9 and arc?~itectural plans shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. (P&CPC) (g~ Ail exterior lighting shall be concealed source lighting and not exceed a height cf thirty (30) feet and positioned go as not to project light into adjacent properties. In conjsnction w~th site plan review, a lighting plan shall be submitted to the Planning Staff for approval. (h) SIGNS (Con~uerciai Tract) (i) Sign~ shall be p~r~itted as regulated in the Zoning Ordisance for the Route 60 Special Sign Distr~et. (ii) Prior to erection of any business signs, a materials and typical designs shall b~ submitted to the Planning Co~issi.an for approval. ~igne shall blend with the architectural style o~ develGpme~t. (iii) A directional sign for Mt. Pisgah Church shall be permitted in the area generally shown on the Master ~lan. The easemen~ area may be expanded to accon~odate required setbacks from Mt, Pisgah Drive and ~idlothian Turnpike. This sign shall net exceed an area of twelve (12) square feet and a height of ten (i0) feet. (P) (i) Except for ATM banking machines, hours of operation shall be limited to befween 6:00 a.m. and 12:00 midnight. In conjunction with each schematic plan submission, a r~port shall be submitted which certif~e~ that thsrs is no existing detriment or danger to t~{e developme~'~t. (SS) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shsI1 be designe~ so as not to interfere w~th pedestrian A minimu~n of thirty (30) feet ~f right of w~y, measured from the centerlfne of ~t~ P~sga~ Drive and Old Buckingham Road, ~hall be dec.cared to and fer Chesterfield Cean~y, free and unrestricted, prior to the £~leasa of any building peri, it. 85-275 9. In conjunction with the first schematic plan submission, th developer shall aubmit a phasing plan showing the following improvements, as depicted on the Commission's access plan. a. A~ additional lane of pavement and curb and gutter along Midlothian Turnpike. b. Modification of Walton Park Road to align with propose Buckingham Road Relocated. c. Elimination, modification and/or relocation of exietin crossovers on Route 60, to include construction of left-turn lanes. d. Realignment of Old Buckingham Road, to include a cul-de-sac on existing Old Buckingham Road at Route 60 e. Improvements to Mt. Pisgah Drive. (T,P&CPC) 10. The public roads connecting to Route 60 shall have minimum riqhts of way of seventy {70} feet and shall be constructed as four (4} lane, divided roads at their intersections with Route 60, and shall then taper to sixty (60) foot rights of way with a minimum typical section of forty (40) feet, face of curb to face of curb. 11. Other than the access points shown on the "Commlssion~s Recommended Access Plan,~' there shall be no other access to Route 60. (T&CPC). 12. The develeper shall be responsible for vacating the stub road in Old Buckingham Forest. (T) 13. In the event that VDH&T determines a traffic signal is war- ranted at either or both public road intersections with Route 60, the developer shall bear the cost of installation of no more tha~ one or the cost of no more than one-half of two (2) traffic lights. {T) 14. There shall be no construction access to Old Buckingham Road. (A&9) 15. There shall be no increase in the volume of storalwater runofs onto 01d buckingham Road. i6. Other than the freestanding sign addressed in Condition 4f and the ares to be dedicated to the Midlothian Garden Club, there shall be no other uses permitted in the Agricultural (A) tract. 17. The developer shall provide an accurate account of the drainage situation, showing existing drainage and the impac~ this project will have on the site and the surrounding area. The developer shall submit a construction plan to Environmental Engineering and VDH&T providing for on- and off-site drainage facilities. Th~s plan sha~l be approved by the Environmental ~ngineering DeQ~rtment and VDH&T, and all negessary easements shall ba obtained prior to the c].earlng o~ any ]and~ The approved plan may have to be implemented prior to clearing. (EE) (Note: At the time of schematic plan review, the Planning Commie=ion may impose additional conditions which further insure land use con~atibility and minimize the impact on traffic.) Ayes: Mr. Mayas end Mr~ Girone. Absent: Mr. App3. egate, Mr. Daniel and ~r. Dod~. Mr. Applegate and Mr, Dodd returued to the meeting. 85~276 85S033 In Midlothlan Magisterial District, R.F. BODDE requested rezoning from Agricultural (A) to Residential (R-9) on a 2.06 acre parcel lying at the western terminus of Stonecrep Place, approximately 630 feet west of Coralberry Drive. Tax Map 26-12 (1) Parcel 2 (Sheets 7 and 81. Mr. Peele stated the Planning Commission had recommended.approval of this request. Mr. Bodde was present. There was no opposition On motion of Mrs. Girone, seconded by Mr. Applogate, the Board approved this request. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. $5S036 In Bermuda Magisterial District, TOM jOBNSON requested Conditional Use Planned Development to permit a six (6) story motel in a Community Business (B-2) District on a 5.92 acre parcel frontin9 approximately 254 feet on the north line of West Hundred Road~ approximately 380 feet east of War~ Bottom Spring Road. Tax Map 116-8 (1) Paroe!s 20 and 21 (sheet 32). Mr. Peele stated ~he Planning Coa~ission had recommended approval of the request subject to certain conditions. He stated within the past day there have been some questions regarding the siqnage. He stated that staff has prepared an addendum to the sign conditions should the Board wish to consider it. Mr. Rudy was present representing the applicant and stated the addendum was not acceptable to the applicant and proposed that the signs be a~ permitted within the B-3 District. Mr. Peele indicated the amendment proposed by the applicant would net be appropriate under the current zoning request. Mr. Micas stated that although the applicant ~s requesting a conditional use in a B-2 zoning district, use exceptions must be identified speci£ically. After ferthe~ discussion regarding the signs, the zoning districts, other land in the area~ etc. it was generally agreed that the addendum be amended to indicate the signs should be similar to the Holiday Inn sign. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: 1. The following conditions netwithstanding~ the plan prepared by Jones& Strange-Boston, da'ted 1/I5/85, shall be considered the Master Plan. ~P) 2. Other than the proposed public road, there shall be no access to Route 10. (T) 3. The proposed public road shall alipn with the existing Route 1~ crossover and shall have a miu~u.um right of way of ninety (90) feet, This road sha~l be co~'~ructed as a four (4) lane facility with a divided median for a sufficient distance from its intersection with Route 10 northward to accommodate the anticipated traffic volumes. The typical section may then taper to a minimum four (4) lane typical section to the northernmost access point into this develo~aent. Prior to obtaining aa~ building permits, this road ~hall he recorded from Route !0 to the northern property line. The spits strip Or stlips, parallel to the proposed access rc~d between Route i0 and the northern property line, shall be ~liminat~d or access provided to abutting properties. (T, VDH&'~ ~nd CPC) 85-277 The existing left-turn lane at the Route 10 crossover ~hall be modified as deemed necessary by VDH&T and the Transportation Dcpartmunt. (?) 5. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (EE) 6. The proposed motel shall be as depicted in the elevations and renderings prepared by Jones & Strange-Boston. (P) 7. In conjunction with the approval oi this request, the Planning Commission shall grant schematic plan approval of the Master ~lan. (P) Sign sizes and heights shall be as permitted in the CoK~unity Bus,ness (B-l) District. Sign colors, materials~ and styles shall be compatible with the proposed structures or with the signs at the 5oliday In~%, 240~ West Mundred Road. (P) Ayes: Mr. Applegate, Mr. MaMas, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. 85S037 In Bermuda Magisterial District, HOSPITAL CORPOPJ%TION OF AMERICA requested rezoning fr~m Agricultural (A) to Office Business (0) plus Conditional Use Planned Development to permit a use exception (Branch Bank~ on a 10.69 acre parcel fronting approximately 46~ feet on the north line of Iron Bridge Road across from West ~nndred Road. Tax Map 115-9 (1) Parcel 62 (Sheet 32). Mr. Peele stated the Planning Commission had recommended approval of the request subject to certain coadi:icns. Mr. Jim Bayes was present representing the applicant and stated the conditions were acceptable. There was no opposition present. On motion of Mr. ~odd, seconded by ~m. Applegate, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the plan prepared by J.K. Timmons and Assooiate~, Inc., shall be considered the Master Plan. (P) 2. The proposed structures shall be as. dep&cted in the elevations prepared by Lockman Associates, dated 1/8/85. The proposed bank shall have au architectaral ~tyle similar to the proposed me~ical offices~ 3. The fifty (50) £oot setback alonq Route 10 shall b~ landscaped. Land~eaping may consist cf existing vegetation supplemented with ornamental trees sad shrubs. A conceptual landscaping plan depictin9 this req/uirement shall be submitted to the Planning Commission for approval in conjunction with schematic plan review. A detailed landscapin9 plan depicting this reqGire~nt shall be submitted to the Planning Departu~ent for approval within ninety (90) days of rcugh clearing a~d g~ading. 4. The floodplain alo~g the northern property line shall be maintained as a natural buffer, Additional planting and/or fencing may be required at schematic plan review for Phases 4 Or 5 if existing vegetation and/or topographical conditSons are not adequate to screen this use from adjacent property to the north. $5-.278 Concrete curb and gutter shall be instelled around the perimeter of all driveways end parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. (EE) 6. SIGNS a. One (1) freeetanding sign, legible ~rom Route 10, shall be permitted identifying this development and the tenante therein. This sign shall not exceed an aggregate area of 100 square feet. b. Individual buildings shall be permitted one (1) freestanding sign each, not to exceed five (5) feet in height or ten (10) square feet in area, provided these signs are only legible from the internal road, driveways and parking areas. c. ~uilding-meusted signs shall be permitted, provided they do not project above the roof line. The aggregate area of building-mounted signs plus the individual building freestanding sign shs!i not exceed 0.5 square feet for each foot of b~ilding frontage. These signs shall be aimilar to each other in style and location. d. Signs may be illuminated, but may only be luminous if the signfield is opaque with translucent letters. e. Directional signs (entrance/exit, etc.) and temporary construction and real estate signs shall be permitted as governed by the Zoning Ordinance. f. Prior to erection of any signs, a comprehensive sign package to include colors, materials and typio~t designs shall be submitted to The Planning Co~,ission for approval. Signs shall blend with the architectural style of the development. (P) Access to this development shall be confined to one (1) entrance/exit which shall align West Hundred Road at the existing crossover. [T) The existing left-turn lane at the crossover shall be modified, as deemed necessary by the VDH&T and 'the Transportation Department. In conjunction with the first sche~%atic plan, a plan for the turn lane modification shall be submitted to the VDH~T and Transportation Department for approval. (T) 9. Additional pavement and Curb amd gutter shall be in,tailed along Route 10 for the entire property frontage. In conjunction with the first schematic plan, a phasing plan showing these improvements shall be submitted to the VDH&T and Planning Department for spprov~l. (T) 10. Phases 1 and 2, plus the bank, as shown on the Master Plan, may be developed w/th use of septic =ask and drainfield systems. The remainder of the development shat] be developed with public sewer. At such rime as public sewer is available, Phases 1 and 2, plus 'the bank shall be connected to public sewer. Ayes: Mr. Applegate, Mr. Mayes, Mr. Dodd and Mrs. Girone. Absent: Mr. Paniel. 11. ADJOURNMENT On motion of Mr, Mayes, seconded by Mr, Dodd, the Board adjourned at 3:45 p.m, until 2:00 p.m. on May 8, 1985. 85-279 Ayes: Mr. Applegate, Mr. Maye's, Mr. Dodd and Mrs. Girone. Absent: Mr. Daniel. Richard L. Hedrick County Administrato~ 85-280