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04-28-1976 MinutesPresentl Mr. E. Merlin O~Neill, Chairman Mrs. Joan Girone~ Vice-Chairman Mr, J, Ruffin Apperson Mr, C, 'L. Bookman Mr, Leo Myers Mr, M, W, Burnett, Co, Admin, VIRGINIAI At an adjourned meeting of il the Board of Supervisors of Chesterfiel~ County, held a! the Courthouse on 11 April 28, 1976 ' at 9~00 a.m. il Also Present: Mr Stanley Balderson, Chief Planner Mr Raymond Birdsong, Asst, Co, Eng, Mr C, G, Manuel, Asst, Co, Admin, Mr Morris Mason, County Attorney Mr Robert Painter, County Engineer Mr William Prosise, Asst, Co. Eng, Mr, Michael Ritz, Planning Director Ms, Joan Smith, Secretary Mr, David Welchons, Asst. Co. Eng, The meeting is called to order by the Vice,Chairman, Mr. Myers gives the invocation, On motion of Mr, Apperson, seconded by Mr, Bookman, it is resolved that the minute!! of April 14th and 19th be and they hereby are approved as amended, Ayes: Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr, Myers~ Mr Burnett reads a letter stating his resignation effective no later than July 31, 1976, which information was given to the Board previously, Mr. Myers expresses the Board's regret at Mr, Burnett,s resignation. Mr, Burnett states that the County has been formally notified that the roads in Plantation Estates and Windsor Forest have been accepted into the State System as follows: PLANTATION ESTATES Stonewheel Court from its intersection with Millhouse Court southerl~ 0,08 mile to a cul-de-sac, Millhouse Drive from its intersection with Spring Run Road northerly 0,15 mile to its intersection with Millhouse Court, thence northerly 0,10 mile to a cul-de-sac, Millhouse Court - from its intersection Wi'th Millhouse'"Drive westerly 0,06 mile to Stonewheel Court, thence westerly 0,04 mile to a cul-de-sac. WINDSOR FOREST 0,08 mile 0,25 mile 0.10 mile Featherstone Drive from Route 147 westerly, southwesterly 0,25 mile to Route 1207, 0.25 mile On motion of Mr, Apperson, seconded by Mr, Myers, it is resolved that the Right- of-way Department attempt to purchase for the developer of Lost Forest', ten feet north of Lot 18 owned by Mr, and Mrs. James T, Bailey of 9431 Shiloh Drive and ten feet south of Lot 17 owned by Mr, and Mrs, Jerry R, Parker of 9051 Shiloh Drive which ten foot strips are needed for a road way by said developers and be it further resolved that if these negotiations fail that the County Attorney is hereby authorized to institute condemnation proceedings against said property owners at the developer,s expense, Ayes: Mr, O'Neill, Mrs, Girone, Mr, Apperson, Mr, Bookman and Mr, Myers. Mr. Burnett states that a meeting has been set for May 18, 1976, at 11:00 a.m with Mr. Harwood. · On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board go into Executive Session to discuss the purchase of property. Ayes: Mr, O'Neill, Mrs, Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. Reconvening: On motion of Mr, Apperson, seconded by Mrs. Girone, it is resolved that the County Administrator be and he hereby is authorized to sign a HUD Grant Application for $70,000 as prepared by the Planning Department, Ayes: Mr. O'Neill, Mrs. Girone~ Mr, Apperson, Mr, Bookman and Mr. 'Myers. Mr, Ritz and Mr, Williams come before the Board and explain the problems they are facing with unlicensed motor vehicles in the County and propose that vehicles falling in this category be charged $100 for an unlicensed fee in lieu of the $10 currently being charged, Mr, Williams states that these vehicles are not carried on the books and the County is losing personal property tax for each and every car of this nature, Mr, Ritz states that Mr, Schiavo has been having some problems with these cars and perhaps by raising the fees people will either get rid of these cars or repair them, After much discussion of this matter, it is on motion of Mrs, Girone, seconded by Mr~ Bookman? resolved that the CoUnty Attorney prepare the proper amendment changing the fee for unlicensed motor ve- hicles and advertise same for a Public Hearing on May 26~ 1976, at 4:30 p.m, Ayes: Mr, OTNeill, Mrs, Gi~one'and Mr, Bookman, Abstention: Mr, Apperson, Mrs. Girone states that she feels the people in the County are looking towards the supervisors for comments regarding different issues and feels this is the way of getting their input. Mr, Apperson states that it seems the Board gets those issues that the people do not want to handle themselves such as the un- licensed car situation, On motion of Mr, Apperson, seconded by Mrs, Girone, it is resolved that the game claim of Mr, Wilmoth for the destruction of eight chickens be and it hereby is approved in the amount of $24 which is the recommendation of the Animal Control Department, 'Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson and Mr. Bookman, Mr, Jay Weinberg comes before, the Board representing the Continental Development Corporation and states that he and the other land owners in the area have agreed to participate in the cost of extending sewer to the Route 360 and Genito Road area, He states that this sewer system will not only serve the 550 acres involved directly with the developments but also approximately 750 acres. Upon considera- tion of this matter, it is on motion of Mr, Bookman, seconded by Mrs. Girone, resolved that the County accepts and approves this agreement as outlined for proposed sewer in the aforementioned area and a copy of same is filed with th~ papers of this Board. Ayes: Mr, O'Neill, Mrs, Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. It is generally agreed that Mr. Burnett write Mr, Gordon a letter and explain the~County cannot vacate an easement on his property because this could possibly be needed for the extension of Buford Road at a later date. Mr. Burnett states that EPA has written a letter informing the County that they have approved the 3 mgd addition to the Falling Creek Sewerage Treatment Plant. Mr. Painter states that the Engineering Department has to make the Grant Appli- cation and do other things in conjunction with this letter of approval. On motion of Mr. Apperson, seconded by Mr, Myers, it is resolved that the follow- ing Water Contracts be and they hereby are approvedl 1. W768D-1 Powderham On.site $ 33,832.07 County of Chesterfield 2. W76-13CD Huntingcreek Hills, Section "A" 88.507.10 Stamie E, Lyttle Company, Inc. Refund through connections . $38,067.10 3. W76~lSD Bon Air Manor 6,250.00 Bookman Construction Company 4. W76-18D Pocoshock Professional Building 6,690.00 Bookman Construction Company Ayes: Mr, O'Neill, Mrs, Girone, Mr. Apperson and Mr, Myers, On motion of Mr. Bookman, seconded by Mr, Apperson, it is resolved that Water Contract W76-7CD, Hybla Road (State Route 1442) be and it hereby is awarded to William M. Harman in the amount of $14,761,40, Ayes: Mr, O'Neill, Mrs. Girohe, Mr. Apperson, Mr, Bookman and Mr, Myers. Mr. Birdsong and Mr, Mendenhall come before the Board to discuss the water study for the area west of Matoaca, They state that the lines will be basically 16" and a small portion will be 30", Mr. Birdsong states that it will cost over $2,000,000 to put in the entire system, Mr, Bookman inquires about the possi~ bility of revenue bonds for these projects, Mr. Myers states that he fzels a study should be done prior to Mr, Burnett leaving, Mr. O'Neill states that he feels developer participation should be considered. After considerable discussion of this matter it is on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the County Engineer investigate this matter with the consultants, find out the cost involved and bring these findings back to the Board as soon as possible. Ayes: Mr, O'Neill, Mrs, Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, Apperson, seconded by Mr. Myers, it is resolved that the follow- ing SeWer Contracts be and they hereby are approved: 1. S76-'40D Poc0shock Professional Building Bookman Construction Company $ 8,769.40 2. S76-39D Whale Rock, Phase I & II R. M. C, Contractors, Inc. 112,183.00 Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers, Mr. Painter states that letters have been received from developers who had stated they would contribute money towards the County sewer system and now they are re- questing deferral of their payments at this time and wish to pay only the interest on these funds. He states that Allen and Cole, Spilman Short and Ernest S, Sneed have all requested this and the funds total approximately $155,000 which the County has considered this amount as income. After considerable discussion of this matter, it is on motion of Mr. Apperson, seconded by Mr, Myers, resolved that the County Engineer discuss all of these agreements with those involved and work out the best possible situation for the County and bring the recommendations back to the Board. Ayes: Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr Myers. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the County grant VEPCO a sewer easement at the Proctor's Creek Sewage Treatment Plant. Ayes: Mrs, Girone, Mr, Apperson, Mr, Bookman and Mr; Myers. On motion of Mrs. Girone, seconded by Mr. Apperson, it is resolve that the Board authorize the execution of an easement for dedication and rededication for Rosamond Ames Ahern in connection with Project 7032~2A/7. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of M~, Myers, seconded by Mr, Bookman, it is resolved that the County Engineering Department be authorized to expend funds to grade and base stone the intersection of Millsmith and Chester Roads where approximately 1S0' of this road needs to be relocated slightly and further that the Highway Department be re- quested to hard surface same. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the follow- ing be and it hereby is approved: 1. That State Route 802 be named Silbyrd Drive. 2~. That North Street be named Hubert Lane. 3. That Robinson Street be named Sunset Hills Drive, 4. That a 50' road road right-of-way off of Graves Road be named Firewood Lane, Ayes: Mrs. Girone., Mr. Apperson, Mr. Bookman and Mr, Myers. There is some discussion of who will pay for the cost of the street signs and it is generally agreed that those signs for private roads must be paid for by the people requesting same, On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the County Engineering Department ihstall a dead end street sign on Burgess Road. Ayes: Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. Mr, Burnett states that this time and date were set for the discussion of the possibility of extending the deadline for filing land use applications for special assessments. He reads an opinion from the County Attorney which states that this new law does not apply to counties which have annual assessment but only those with a general assessment and states further that the Board of Supervisors does not have the authority, in his opinion, to extend the deadline. Mr. Burton of the Chesterfield Taxpayers Association asks for an extension to May 1, 1976, for filing these special land use applications. Mr. Myers states that Mr, Forberg of the State Tax Department also has stated that this did not apply to the County of Chesterfield. Mr. Walter Hornet states that he is concerned about the property taxes and ret quests an extension of the deadline also, Mr. Apperson states that there seems to be two opinions and moves that this ordinance be approved subject to the favorable opinion of the Attorney General's Office. The motion is seconded by Mr, Myers. Ayes: Mr. O'Neill~ Mrs. Girone, Mr, Apperson~ Mr. Bookman and Mr, Myers. It is generally agreed that those who wish to file this special land use assess- ment application must do so prior to May 1, 1976~ In the event that the Attorney General says~that the law does apply to Chesterfield then Mr. Falconer will pro~ cess each application as a valid request, Mr, Ronald Barden on Belleau Drive comes before the Board and states that five houses in the area have been discriminated against regarding sewer. He states that sewer lines are being run behind and beside their homes and they too would like public sewer, Mr. Painter states that this area was to have public sewer at one time but that this contract was deleted and this happened to be a part of it. Mr, Lucord states that he would also like sewers in this area but that this location is one area that is being considered for the extension of Powhite Park- way and feels that until something is decided this line should not be put in to be dug up later, Mrs, Nancy Hudgins states that she too would like sewer and that it should be cheaper to put it in now instead of later~ Mr, Welchons ~states that the approximate cost to serve the area would be $15,505 and that if the line went deep enough to pick up the basement bathroom in one home the cost would rise approximately $3,000, After further discussion of this matter, it is on motion of Mrs. Girone, seconded by Mr, Myers, resolved that this matter be deferred for further investigation by the Engineering Department. Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. On motion of Mr, Myers, seconded by Mr. Bookman, i~ is resolved that the pro~ posed zoning ordinance that was advertised to be heard at 11~30 a.m. be and it hereby, is deferred until 5:00 p.m. this afternoon. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. The Board adjournes for lunch, Reconvening: 76S045 In Clover Hill Magisterial District, Mable S. Nuchols requests rezoning from Agricultural (A) to Residential (R-12) of a 37.0 acre parcel fronting 52.86 ft~ on Hull Street Road, and being located 700 ft. northeast of the intersection of Hull Street Road and Genito Road, T. M. 49-10 (1) Parcel 13 (Sheet 14). Mr. Jim Hayes is present representing Mrs. Nuchols. There being no opposition and the Planning Commission having recommended approval, it is on motion of Mr, Bookman, seconded by Mr, Myers, resolved that this request for rezoning to Resi~ dential (R-12) be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr, Bookman and Mr. Myers. 76S046 in Clover Hill Magisterial District, J. W. Reynolds requests rezoning from Agri- cultural (A) to Residential (R-15) of a 12.53 acre parcel lying off the west line of Loch Braemar Subdivision, and being located at the terminus of Loch Brani Road, T. M. 38-16 (1) parcel 1 (Sheet 14). Mr. Jim Hayes and Mr. J, W. Reynolds are present to discuss this request with the Board. Mr, Bookman states that he is concerned with the one road access. Mr. Hayes states that there will be only 18-20 lots in this area. After con- sideration of this matter, it is on motion of Mr. Bookman, seconded by Mr. Myers, resolved that this request for rezoning to Residential (R-iS) be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr, Myers. 76S047 In Midlothian Magisterial District, Roger D. Burde requests rezoning from Agri, cultural (A) to Office Business (0) of a 2,87 acre parcel fronting 243.3 ft, on Robious Road, also fronting 559,1 ft. on Bon Air Road, and being located in the northwest quadrant of the intersection of these roads T. M. 17-8 (1) parcel 10 (Sheet 8). Ms, Myra Campbell is present representing Dr. Burde. Mr. Bookman inquires about sewers in this area, Ms. Campbell states that they are currently investigating the different alternatives to this problem and they may go with public sewer. Mrs. Ann Anderson, Vice~President of the Greenfield'Civic Association, states that they are not opposed to this rezoning but they do not want this to set a precedence in the area as they would like to keep the land open and they hoped that this would be a buffer to the remaining residential area. After fUrther consideration of this matter, it is on motion of Mrs. Girone, seconded by Mr. Myers, resolved that this request be and it hereby is approved subject to the conditions recommended by the Planning Staff. Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. 76S049 In Clover Hill Magisterial District, Frank R~ Dowd requests rezoning from Agri~ cultural (A) to General Business (B-3) of a 0.60 acre parcel fronting 110 ft. on Hull Street Road, and being located approximately 600 ft. east of its intersectionI with Suncres~t Drive. T. M? 49-7 (1) parcel 9 (Sheet 14). Mr. Gill Walton is present representing the applicant and states that everyone had agreed that it was not necessary to have greenery planted as long as the set back remained. After further consideration of this matter, it is on motion of Mr.i Bookman, seconded by Mr. Apperson, resolved that this request for General Busi~ ness (B-3) be and it hereby is approved subject to the conditions recommended by the Planning Staff with the understanding that the shrubbery does not have to be planted, Ayes: Mr, O'Neill, Mrs. Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. 76S063 In Dale Magisterial District, Denis Tucker requests twelve (12) Variances to use twelve (12) parcels of land which have no public road frontage for dwelling pur- poses. These parce'ls lie off the south line of Kingsland Road and are.located approximately 1,800 ft. east of its intersection with Salem Church Road. T. M, Sec. 80-7 (1) part of parcel 8 (Sheet 22). Mr. Denis Tucker is present, After consideration of this matter it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that this request be and it hereby is denied, Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. 76S050 In Dale Magisterial District, Beachwood, Inc. requests rezoning from Community Business (B-2) to General Business (B-3) of an existing building (theater) ap- proximately 100' x 40' and being located within the Meadowbrook Plaza Shopping Center which is located in the northwest quadrant of the intersection of Hopkins Road and Chippenham Parkway, T. M. Sec. 52-8 (1) parcel 7 (Sheet 15). Mr. John Dodson is present to represent Beachwood, Inc. After consideration of this matter and there being no opposition to this request, it is on motion of Mr. Apperson, seconded by Mrs, Girone resolved that this request for rezoning to General Business (B-3) be and it hereby is approved subject to the conditions recommended by the Planning Department. Ayes: Mr. O'Neill, Mrs. Girone. Mr. Apperson. Mr. Bookman and Mr. Myers. 76S051 In Dale Magisterial District, Shoosmith Brothers, Inc. requests a Conditional Use to permit the operation of a Dump for refuse in an Agricultural (A) District on a 200 acre parcel located approximately 800 ft. west of the terminus of Lake Dale Road (unimproved) and being bounded on the west line by Swift Creek. T. M. 113 (1) parcel 19-1 (Sheet 31). Mr. Jack Shoosmith is present. There being no opposition to this request, it is on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this conditional use be and it hereby is approved subject to the conditions recommended by the Planning Commission with the understanding that there will be no time limit on this use permit. Ayes: Mr, O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone states that she feels some County officials should get together and d~scuss the landfill situation in the County. It is generally agreed that Mr. Jack Manuel and Mr. Mike Ritz get together and propose a committee list who should investigate this matter. On motion of Mr. Apperson, seconded by Mr, Myers, it is resolved that the follow- ing erroneous tax claims be and they hereby are approved for payment! Horace H. Hines, Jr. T/A Brookside Construction Corp. County License William G. Atkinson 1975 Personal Property United States Fleet Leasing Corp. 1975 Personal Property Ayes: $ 22.50 31,28 222,76 Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. On motion of Mrs. Girone) seconded by Mr Apperson) it is resolved that St. Ed- ward's Knights of Columbus be and they hereby are granted the requested renewal of their bingo and/or raffle permit for a period of one year. Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson and Mr. Myers. Mr. Burnett states that each Board member has received a copy of the Bill of Declaratory Judgement, a suit against the County, sent from the Commonwealth's Attorney's Office. Mrs. Girone requests the Engineering Department to get approximately three esti- mates for the cost of installing sewer lines to serve the five homes on Bellaeu Drive by the.next meeting, On motion of Mrs. Girone, seconded by Mr, Bookman, it is resolved that Mr. and Mrs. Charles M. Watson, Jr~'s request for a reduced connection fee be and it hereby is denied, Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr, Bookman and Mr. Myers. On motion of Mr. O'Neill, seconded by Mr, Bookman, it is resolved that Mr. William B. Ellis on Harrowgate Road be and he hereby is granted a reduced connec- tion fee to sewer because an easement was dedicated and a hardship does exist, Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. · It is generally agreed that the discussion of a settlement for Lewis A. Wilson, Jr. for Old Town Creek Lagoon, Project 6511-2/1A be deferred. Mr. Painter presents the bids' received for the Johnson Creek Pumping Station and force'main which are $351,000 for the pumping station, submitted by DAVISCO, Inc. and a range of prices on the force main at approximately $595,000 depending on cuts, etc. After much discussion of this matter, it is on motion of Mr. Myers, seconded by Mrs, Girone, resolved that the bids on the pumping station be let to DAVISCO, Inc. at the price of $351,100 and.the bids be let on the force main to the lowest responsible bidder at approximately $595,000, Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 763053 In Bermuda Magisterial District, Emily T. Llewellyn requests a Conditional Use to permit the operation of a Dog Kennel (to keep five dogs) in a Residential (R-7) District on a parcel fronting approximately 300 ft. on Dorsey Road, also fronting approximately 260 ft. on Kingsland Road, and being located in the south- east quadrant of the intersection of these roads and better known as 8501 Dorsey Road. T. M. 81-3 (1) parcel 20-2 (Sheet 23). There appearing no one in opposition to this request, it is on motion of Mr. Myers, seconded by Mr. Bookman, resolved that a conditional use be granted for the operation of a dog kennel on the aforedescribed parcel of land subject to the conditions recommended by the Planning Department. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. There was a general discussion of putting an archery range at Rockwood Park and it was agreed that this matter would be investigated further. On motion of Mr. Bookman, seconded by Mr, Apperson. it is resolved that Contract S74-33T for the installation of sewers in Wagstaff Circle be awarded to G. L, Howard who submitted the low bid of $109,851. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, O'Neill, seconded by Mr. Bookman, it is resolved that Contract S74-38T for the installation of sewers in Aldridge Avenue be awarded to G. L. Howard who submitted the low bid of $68,065, Ayes: Mr. O'Neill, Mrsk Girone, Mr. Apperson, Mr, Bookman and Mr. Myers. On motion of Mr, O'Neill, seconded by Mr. Myers, it is resolved that an exten~ sion of time of 36 days be awarded to Sydnor Hydrodynamics on project S73-33T, Timsberry Creek. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that an extension of time of 30 days be awarded to S. O, Jennings on Project 7032-18, Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr,. Myers, On motion of Mr. Bookman, seconded by Mr, App'erson, it is resolved that Change Order No. 4 in the amount of $1,570 for Contract 7032-17A, Kingsland Trunk, be and it hereby is approved, Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, O'Neill, seconded by Mrs. Girone, it is resolved that if further negotiations towards acquiring the right,of,way for sewer lines along Piedmont Avenue fail then condemnation be approved for five citizens along this road. , , Ayes: Mr. O'Neill, Mrs Girone, Mr Apperson, Mr, Bookman and Mr. Myers. On motion of Mrs, Girone, seconded by Mr, Apperson, it is resolved that the sum of $7,500 will not be paid for off~site easements as requested by the developer of Buford Estates. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr, Myers. The letter from Mr. Ernie Rose pertaining to the situation of the Powhite Creek at Buford Road was discussed briefly and it was generally agreed that May 26, 1976, should be set as a meeting date to discuss this matter with the citizens involved. There is discussed the proposal of putting archery equipment at Rockwood Park at a cost of approximately $1,500. It was generally agreed that this matter should be investigated further as to the liability of the County, the possibility of accidents, maintenance and other problems attendant to this proposal, On motion of Mr, Bookman, seconded by Mr. Apperson~ it is resolved that' the bid for a utility all steel truck body be and it hereby is awarded to Hughs, Inc, who submitted the low bid of.$6,100 less 2%. Ayes: Mr. O'Neill, Mrs, Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr, Apperson, it is resolved that Mr, Mike Woodfin be requested to investigate further the bids on used equipment for the landfill. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, Apperson, seconded by Mr. Bookman, it is resolved that the bid for furnishing a truck-mounted hydraulic crane be awarded to Gallaher Equipment Company, Inc. who submitted the bid of $15,900, Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the zoning amendments as advertised for this meeting and filed with the papers of this Board be and the same hereby are approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers, On motion of Mrs, Girone, seconded by Mr. Myers, it is resolved that the Judges of the Circuit Court be and they hereby are requested to appoint Mrs. Judy J. Tunnell as a School Guard and Special Police for the County of Chesterfield effective May 1, 1976. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers, On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that Col. Joseph Pittman be authorized to add 26 men to his auxiliary police force and to use off duty police officers for patrolling the County's recreation parks and the sum of $26,407 be appropriated from the Unappropriated Surplus of the General Fund to the Police budget for these expenses. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, Bookman, seconded by Mr, Myers, it is resolved that this Board go into Executive Session to discuss the purchase of land, Ayes: Mr. O'Neill, Mrs. Girone. Mr. Apperson, Mr. Bookman and Mr. Myers. Reconvening: It is on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the Right~of-Way Department be authorized to purchase the piece of land east of the Falling Creek Water Plant for the sum of $26,250. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S052 In Dale Magisterial District, W. S, Carnes requests a Conditional Use to occupy six (6) existing multiple family dwelling units on a 0.91 acre parcel fronting approximately 240 ft. on Ironbridge Road and being located opposite the inter- section of W. Rock Spring Drive and Ironbridge Road T. M 52-10 (1) parcel 5 (Sheet 15). ' ' Mr. Burnett states that he has received one letter in opposition to this rezoning. Mr, Paul Byrne, attorney representing Mr. Carnes, makes an opening statement by stating that some articles released by the press were in error in that they do not intend to reactivate any court action and that time has expired for the ap~ peal. He adds that he has checked with his associate and nothing was said to verify the release by the press. He cites the full history of the case and adds that anything done by Mr. Carnes was done in good faith and under what he assumed to be good legal authority. He states that there is substantial investment in the six units, that Mr, Carnes is having to keep repairing windows, doors, etc. because of vandalism, that the traffic of these units will have little effect on this area, that utility, drainage and erosion are not problems in this area, He states that they do take issue with condition number 2 in that they feel the dedicating of Marty Boulevard is premature at this time but they will dedicate same when the access is needed. He states that the people who are opposing this are doing so on the basis of what they think will be done with the property at a later date. He states that it is not economically feasible to build multi- family dwellings now and that the remainder of the property is still agricultural and Mr. Carries would have to come back to the Board for further rezoning or con~ ditional uses and that at this time Mr. Carries has stated that he does not have any plans for the immediate future development of this property. Mr. Francis Lee, attorney representing the Chesterfield Civic Association and some of the other citizens opposed, states that he heard an item on the news stating that this matter had .been decided previous to the meeting. Mrs. Girone states that the Board has no control over the attitude of speculation, Mr, Mason'states that if there is any question, a poll of the Board can be made to see if the case has already been decided. Mr. Apperson states that he did make a statement that if this case were still before the Court when it came up before the Board, he would have asked for a continuance. Mr. Lee states that he will take the Board's word that this matter has not yet been decided and declines the opportunity to poll the Board. Mr. Lee draws attention to the case history and the staff recommendations and states that the staff has been and still is opposed to this conditional use. He adds that this is the same application that was before the Board previously and was decided upon but now it is back with some of the conditions being rem laxed, that the only other thing that has changed has been the constitution of the Board and feels this should not be a basis for a decision change. He states that to grant this request would not be a good zoning practice, would not be the best utilization of the land, that it should not be decided on the equities in- volved, that it would be spot zoning and that Mr Carnes made the mistake and should be the one to pay, not the residents of the area. He states further that as far as the legal status goes, this is an illegal structure, built with an illegal building permit on an illegal zoning. He states that the people who are opposed are not anti-apartments but they feel this is a single family area and should remain the same, that this would not be the best use of the land and that it could possibly be a foot-in-the-door for more apartments in the area, Mrs. Elizabeth Jackson of 5108 Cogbill Road states that her son represents the fifth generation to live on her land and that they would not like apaytments in the area with other people trampling over her land, that there is not enough land there to accommodate all the children that would be generated and that traffic would be increased tremendously. Mrs. Ann Coleman of 5613 Upp Street states that there are currently 11,000 apartments in the area, that only transi- ent people live in apartments, these people do not take part in community affairs they do not pay personal property taxes which is used to support the school sys- tem, that apartments in this area are not completely filled and vacancies are available, and that there are no recreational facilities to handle these people. Mr. Teddy Souls of 4932 Stanley Drive states that his home is 30' away from the line of Mr, Carnes property and that he feels this area consists of single family dwellings and that is all that should be in this area, He states that he only has a small home but that it is all he has and this loss to Mr. Carnes would only indicate a drop in the bucket financially to him, He adds that apartments are fine in their own place which is not here, Mr. Charles Simonez of 5706 Iron Bridge Road states that his home is directly across the street from the six units in question. He states that he is 72 years of age, retired and living on a fixed income and that he feels in the not too distapt future he will have to sell his home and retire to a nursing home and at that time he will need all of the money he can get for his home but by putting up apartments, the value will decrease at a time when he will really need it. He adds further that if the Board grants these six to be occupied, Mr. Carnes will use it as a wedge to get more. Mr. Lee asks that those people present who oppose this conditional use stand and approximately 100 people stand. Mr. C. V, Williams of 5515 Catterick Road states that this access road to the highway will also cause problems because some currently exist. Mr, Lee states that he feels this case should not be before the Board for the following reasons: 1. The application has been brought up again prior to the year's waiting period for resubmittal~ 2. The Planning Commission has not acted on ~same and given the Board its recommendations, and 3, The health~ safety and welfare of those involved have not been considered. Mr. Bookman States that Mr? Lee had taken issue with the fact that Mr. Carnes had made a mistake and that he should be the one to pay but states further that all humans are not perfect and free of making any errors, Mr. Mason states that in his opinion the case is being heard later than a year because the application was made and that the Planning Commission did hear this case again but did not make any new recommendations and sent it on to the Board with the previous recom- mendations still applying, Mr~ Lee states that he does not share the same opinion as Mr. Mason regarding these issues. Mr, Lee questions the spot zoning. Mr. Mason states that this is not spot zoning because multifamily is a part of residential zoning and it is not going from one district to another, and secondedly, because this is a con- ditional use which can be granted in the Agricultural District. He reiterates the fact that the Planning Commission has not made any recommendations and that they are obligated to do so. Mr. Mason again states that the proper procedures have been followed. Mr. Lee states that with all due respect, he feels Mr, Mason ~is wrong in his opinion. Mr. Byrne states that more cars and children are generated by single family residents than apartments, He cites the right of people to own land and use it. He states that the health, safety and welfare of the people in the area has not been shown to be affected and that no appreci~ able effect will take place ~n the public resources, Mrs. Harding states that she thought the government was by, of and for the people which does not seem to be the case here tonight if this is approved, Mrs. Flippen states that the traffic is being pushed to Stanley Drive where she lives and that sewers were once denied in the area but that this development will be allowed to have same. Mr. Ritz states that they will have a septic tank until public sewer is made available and they will have to connect, There being no one else to speak, Mr, Apperson asks if any other member of the Board would like to speak, There being none~ Mr. Apperson states that he does not feel the building should be torn down, he is concerned with what is planned for the remainder of the parcel and since part of it will be a septic basin he feels it could not be developed too much more and that he would like to make a decision that would end this situation. He states that he does not want to wrap up an individuals rights to his own land and that he never makes up his mind on a case until all the facts have been presented, By granting the use of these six apartments, Mr, Apperson states that this may end all the controversy, and it is on his motion, seconded by Mr. Myers, resolved that this conditional use per- mit be and it hereby is granted subject to the conditions as recommended by the Planning Staff with the understanding that Marty Boulevard does not have to be dedicated now but at the time future development occurs it will be made a public road. Mr, Myers states that the people brought this matter up and the Board did not and that it has torn him up but weighing all, he feels this is the best decision, Mr. Bookman states that it has been a difficult hearing but that he does not feel it would have been sound judgment to have the building torn down. Mrs. Girone states that she has interviewed several people because of the long history involved, that this is not a zoning case but a case involving a special exception, she does not feel it is hindering the health, safety and welfare of anyone involved and that this decision would not have any bearing on any future cases, Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr, Myers. On motion of Mr, Apperson, seconded by Mr. Bookman, it is resolved that this Board grant the request of the Library Board to appraise and sell the Hazen Memorial Library Building and to use the proceeds' to furnish a portion of the Central Library in accordance with the resolution of the Library Board dated March 15, 1976. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr, Myers, it is resolved that the sum of $30 be charged for the new County Code Books. Ayes: Mrs, Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It is hereby noted that the budget of the County Treasurer as submitted to the State Compensation Board is received. On motion of Mr, Bookman, seconded by Mr, Myers, it is resolved that the Treasure: be and he hereby is authorized to negotiate a short-term loan not to exceed $2,000,000 in accordance with Section 15.1~545 and 15.1-S46 of the Code of Vir- ginia. Ayes: Mrs, Girone~ Mr, Apperson, Mr, Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that the sum of $90,000 be appropriated from the Unappropriated Surplus of the General Fund to the following accounts in the General Services budget: 11-103-312.1 Equipment Operation $40,000 11-103-215.0 Maintenance of Landfills 24,500 11-103-400.1 Replace Motor Vehicles 15,S00 11-103-215.1 Rental of Dumpsters 10,000 $90,000 Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. The meeting of the Virginia Association of Counties on May 10th was emphasized. The Board was apprised of the resignation of Mr. William Prosise and it was generally agreed that a letter be sent to Mr. Prosise expressing the appreciation of the Board for his excellence of service as the hydraulics engineer for the County. On motion of Mr. Bookman, seconded by Mr. Apperson, it is resolved that an agree- ment with the Wagstaff Volunteer Fire Department worked out with Mr. C, L. Book~ man and Chief Robert Eanes for payment of the canopy cab on Unit 106 be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. A general discussion of the need of space generated by a letter from Miss Lucy Corr concerning the need for space in the Social Services Department arose. After much consideration of this matter, it is on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the ~ounty Administration study the possible use of the north end of the present Engineering Building as possible quarters for the Data Processing Department or the Department of Social Services. Ayes: Mr. O'Neill, Mrs. Girone, Mr, Apperson, Mr. Bookman and Mr. Myers. There was read a letter from Miss Corr concerning the expiration of Mr. Noel Carmichael's term on the Board of Social Services as of June 30, 1976, which letter requests that Mr. Carmichael be reappointed. Mr. Mike Ritz describes the progress with negotiations with GRTC and the develop- ment of a "park and ride" lot in Bon Air. After some consideration of this mat- ter, it is on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this program be approved in principle and Mr. Ritz be encouraged to proceed with its further development. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr, Apperson, seconded by Mr. Myers, it is resolved that the sale of three (3) acres of land to the Hetra Corporation and the option of three (3) additional acres at the County Airport be and it hereby is approved. Ayes: Mr. O'Neill~ Mrs, Girone, Mr. Apperson Mr. Bookman and Mr. Myers, On motion of Mr. Bookman, seconded by Mr. Myers, it is resolved that the lease agreement between the County and the Chesterfield Baseball Clubs, Inc. for a period of one year be and it hereby is approved. Ayes: Mr. O'Neill~ Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers, On motion of Mr. Myers, seconded by Mr. Bookman, it is resolved that the County Attorney be authorized to institute condemnation proceedings against the follow~ lng land owners and to offer the stated amount which is the appraised value of said land if same is not accepted: Mr, & Mrs. W. J. Gilliam Donald A. Stokes, Trustee Ms. Thelma Crouch $184,950.00 12,840.00 8,400.00 ~06,190.00 Ayes: Mr. O'Neill, Mrs. Girone, Mr Apperson, Mr~ Bookman and Mr, Myers. On motion of Mr, Bookman, seconded by Mrs. Girone, it is resolved that this Board adjourns at 9:00 p.m. to Friday,.April 30, 1976, at 1,00 p.m, Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr~ Bookman and Mr. Myers. B'. Merlin O'Neill,