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09-22-1976 MinutesPresent; Mr. E. M~rlin O'Neill, fhairman Mrs. Joan Girone, vice-chairman Mr. J. Ruffin Apperson Mr. Co L. Bookman Mr. Lee O. Falwell, ~o. Administrator The Vice-chairman called the meeting to order. VIRGINIA: At a regular meeting of the Board of Supervisors of Chester- field County, held ah the Courthouse on Septe~oer 22, 1976, at 9:00 a.r~ Also Present: Mr. Stanley Balderson, Chief Planner Mr. Jar~s Condrey, Dir., Central Acctg. Mrs. Susan Heatherly, Secretary Mr. C. G. Manuel, Asst. Co. Admin. Mr. M~rris Mason, Attorney Mr. Steve Micas, County Attorney Mr. P~bert Painter, County Engineer Mr. Michael Ritz, County Planner Mr. David Welchons, Asst. Co. Engineer Mr. James Zook, Principal Planner Mrs. Girone gave the invocaticn. On motion of Mr. Bookman, Seconded by Mr. Apperson, it was resolved that the minutes of September 8th and 15th be and they thereby were approved as amended. .Ayes: Mrs. Girone, Mr.. Apperson, Mr. Booknt3~ and Mr. Myers. On motion of Mr. Bookman, seccnded by Mr. Apperson, it was resolved that the following Water Contracts involving no County honey be and they thereby were approved: 1. W76-57D Rt. 10 - Richmond Cold Storag~ $4,425.26 Davis Contractors & Engineers 2. W76-65D Mall Court $5,062.77 John W. D~niel & Co., Inc. Ayes: Mrs. Girone, Mr. Apperscn, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr. Apperson, it was resolved that a permit to cross Plantation Pipe Line Company's pipe line adjacent to Old Courthouse RDad with no fee required be and it thereby was approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On notion of Mr. Apperson, seccnded by Mr. Bookman, it was resolved that the following Sewer Ccntracts involving no County mc~ey, be and they thereby were approved: 1. S76-84D Trabue, Section A $8,272.50 Piedmont Cc~struction Co. 2. S76-79D Stratford Hills (B~bert Bruce Dr. ) 2,395.00 R. M.C. Cc~tractors, Inc. 3. S76-82D Brookwood Estates - Sect. A & B 59,515.80 Central Builders, Inc. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Appersoa, seconded by Mr. Myers, it was resolved that the following Sewer Cc~tract be and it thereby was approved with Expenditures to be taken frc~ Account 730-330-002.2 to be refunded through connectic~s: 1. S76-51CD Genito Forest - Off-Site $81,940.03 G. L. Howard, Inc. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On notion of Mr. Bookman, seoonded by Mr. Myers, it was resolved that the following Sewer Contract be and it thereby was appro~d: 1. S76-75CD Safeway Store - Boute 60 $11,815.00 Richard L. Crowder Refunds: $2,455.00 Code: 73-330-992.2 Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone stated she had received a complaint from Mrs. Ruth Stott on the installation of the Brookwood Estates llne which is causing erosion and sedimentation problems and requested the Engip~ering Dapartmsnt investigate the situatic~. Mr. Falwell questioned Mr. Painter about cost incurred by County when future connections are made whereby Mr. Painter stated there are some administrative costs and Building Inspection costs but none from Engineering. On motion of Mr. Apperson, .:seo0nded by Mr. Myers, it was resoled that Roanoke Construction Company, Inc. be and it thereby was granted a 45 day extension of time from the date right of entry on easement is required for Pzoject S73-33T - Division "A", Timsbury. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Bookman, it was resolved that the request of W. C. Spratt, Inc. for an extension of time to Novenber 30, 1976 for S73-27T, Swift Creek Trunk - Bailey Bridge to Route 360, be and it thereby was approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seccnded by Mr. Bookman, it was resolved that the request of Sydnor Hydrodynamics, Inc. for an extension of time te October 6, 1976 for S73-33T - Division "B" - Timsbury, be and it thereby was approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. %he request from Mr. Vaughan A. Naish for three (3) sewer connections to the Enon Lagoon was deferred until later in the day. Mr. Painter cawe before the Board requesting the Board sign a Special Order by the State Water Control Board for the County Sewage Lagoons, further stating the County Attorney had recommended the County sign the Consent Order. Mr. Painter further stated that the SWCB would not take any 'action at their meeting-in Virginia Beach on September 27-28 if the County does sign ~he order. Mr. Myers stated he would like to get 50 connections for the Enon lagoon spread out over a one year period and was concerned that if the Board agreed to sign the consent order it would pre- clude him from going before the S.tate 'Water Control Board and getting the connections. Mr. Micas stated the signing of the Consent Order was not an open commitment for the County to co~ply with all future orders of the State Water Control Board; that the advantage of the COn- sent Order is it keeps the County's fate in our own hands, whereas, if we go to them with a factual showing that all of our lagoons den't meet permit standards, the State Water Control Board may enforce their legislative powers and close down all of the lagoons. Mr. Myers stated he did not see any need for the Board attending the meeting in Virginia Beach c~ September 27th and 28th but he wanted to talk with the State Water Control Board about the situation. Mrs. Girone stated it was her understanding that the Consent Order would just be reaffirming our direction in which we are going and felt that the key lies in the County Attorney's state- ment that it leaves the fate of the County in our hands. After further consideration of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the Chairman be and he thereby was authorized to sign the Consent Order from the State Water Contzol Board for the County Sewage Lagoons. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers - Mr. Myers agreed with reservations that he be allowed to talk with the State Water Control Board about connections for Enon. Mrs. Girone stated that this time and date had been set aside to discuss the proposed Solicitors Ordinance. Mr. Micas stated the public hearing on the proposed ordinance had been extended from the Aug. 25th n~=eting at which meeting the Chairman appointed a conn~ittee consisting of Mrs. Gircae, Col. Pitt_man, t~o citizen representatives (Mr. Mitch Wilbom and Mr. Ted Hardison) and himself to discuss alternatives to the ordinance. Mr. Micas stated the conn~ittee met on September 10th, with the .exception of Mr. Hardison, and decided on some changes which he reviewed for the Board. Mrs. Girone stated photographing, fingerprinting and a background investigation would still be required; that the feeling of the committee was that there is a problem in the County and some- thing needs to be done. Mrs. Girone further stated that Mr. Wilborn who could not be present was not opposed to registration but was opposed to a $38.00 fee which has been changed to $5.00 for an initial fee for a 30 day period with an eleven nonth renewal at no additional fee; that the fee meets Col. Pittman's approval; that the State law requires a warrant be sworn out by the cemplaintant but with the proposed ordinance this would not have to be done. Mr. Bookn13n stated he had received numerous conplaints including three cases since the last meeting in Brookwood, Clover Hill Farms, and the Courthouse Road area; the situation is getting rank; several people have called supporting some type of protection; people are scared of door-to-door salesman. Mr. Apperson stated there are weaknesses in the proposed ordinance and felt the citizens are asking us to prevent salesmen from coming to their doors and he knew of no way this could be done; that if people are unwilling to swear out warrants they may be unwilling .to call the police. Fz. Myers stated the proposed Ordinance would not keep persons from coming to the doors but at least they would have a County I.D. that could be checked by calling the Courthouse to see if they were registered. Mr. Payne camm before the Board and stated his wife sellS Avon and they are not opposed to the proposed Ordinance; that he felt it would help stop the unscrupulous salesmen; and that the $5.00 fee is reasonable. Mr. Sherm Smoot, representing a religious group, questioned if the proposed ordinance would apply to him, whereby Mr. Micas advised that if they did not sell anything, they would not have to register. Mr. Wise, representing the Direct Sellers Association, stated he still believed that I.D. 's could be forged ant! the fact that you have it does not roman you will solve all the problems; that this was one reason he spoke out against registration. Mr. Wise further stated that the proposed ordinance would hurt housewives working to supplement their income; that he was dis- appointed all ms~oers of the subcommittee did not show up on Septen~er 10th and that the con]nittee had been restricted to fhesterfield County residents.' Mr. Micas stated he had been in full contact with Mr. Wise and felt he had been fully apprised. Ms. Linda Berhrendt of Itek Products stated host of her employees are housewives working to supplement their incomm; that they are upset about the fingerprinting and she stated she was afraid she would lose a lot of her employees. 0ol. Pittman stated that fingerprinting is required in the initial application if background information is to be obtained and that the fingerprint file could be given back to the appli- cant when the permit is turned in. 'Mr. Apperson stated he still felt the proposed ordinance is directed to the legitimate salesm~n and not the lawbreaker; that the unscrupulous will find a way to operate and will nog stay around for people to call the police. Mrs. Girone stated that the ordinance could be reevaluated at the end of a year to dstermine its effectiveness and suggested that Col. Pittman keep information on the number of arrests, complaints, etc. for the next year and report back to the Board. After further discussion on the matter, it was on notion of Mr. Myers, seconded by Mrs. Girone, that he following Ordinance be and it thereby was approved as amended based on the changes of the committee: AN'ORDINANCE TO AMEND 5~qE CODE OF (/{ESTERFIEID COUNTY, 1975, AS AMENDED, BY ADD2~G A CHAPTER NUMBERED 16A CONTAINING SECTIONS NUMBERED 16A-I THBOU6~ 16A-7 RELATING GENERALLY TO SOLICITORS AND PNDVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield: (1) %hat the Code of the County of Chesterfield, 1975, is amended by the adding sections numbered 16A-1 through 16A-7 f/~APTER 16A SOLICITORS Section 16A-1. Definition of Solicitor Section 16A-2. Bmgistration ~remmnt Section 16A-3. Issuance of Permit Section 16A-4. Fees Section 16A-5. Unlawful Acts and Penalty Section 16A-6. t~vocation of Permit Section 16A-7. Exmmptions from Provisions of Chapter Section 16A-1 Definition of Solicitor The term "solicitor" shall nman a person who goes from door to door or location to loca- tion visiting multi-family or single-family dwellings for the purpose of selling or offerinq for sale any goods, wares, merchandise or services or accepting subscriptions or orders therefor. Section 16A-2 ~gistration Bequirer~nt All persons, before entering into or upon a residential premises within the County of Chesterfield for the purpose of soliciting, shall register with the Chief of Police or his designee and furnish him with the following information: (a) The name, local and pe~t addresses, age, race, weight, height, color of hair and eyes and any other distinguishing characteristics of the applicant verified by an autonobile operator's license or bonafide identification card issued by the applicant for or through whom the employer is offering such goods or services. (b) The nature or purpose for which solicitations will be made and the nature of the goods, wares, merchandise or services offered for sale. (c) The nams and permanent address of the employer or organization represented. (d) Photographs of the applicant and fingerprints. (e) A statem=_nt as to whether the applicant has been convicted of any felony or mis- demeanor, and if so, the nature of the offense, when and where convicted and the penalty or punishmsnt assessed therefor. (f) The make, model and license number of any v~hicle to be used. (g) Specific area or areas of the County where the solicitor will be working. Section 16A-3 Issuance of Permit (1) Upc~ furnishing the information required under Secticn 16A-2, the applicant shall be issued a permit, unless a County investigation or the information furnished in compliance with this chapter shows that the applicant has been convicted of a crims involving n~ral tur- pitude, had a prior permit revoked, or cannot substantiate the prior reliability of himself or the person or firm he represents. A permit issued under this chapter shall be g~od for thirty days from the date of issuance U~less earlier revoked. Every solicitor shall carry his permit with him at all times while engaged in soliciting, and shall display such permit to any person who shall demand to see the permit while he is so engaged. (2)' A solicitor's permit may be renewed on its expiration date, for an additional eleven mnth period, upon the execution of a renewal application setting forth that the statements made in the original application are true and accurate statem_=nts at the time the renewal appli- cation is filed or a renewal application setting forth all changes in the original application required by a change in facts since the date of filing the original application. Applijations for renewal must be mede within 15 days after the expiration of the original permit. Those applications for renewal made after this period shall be considered as an application for a new permit. (3) ~he Chief of Police shall purge the County files of any information pertaining to the application of a solicitor who has notified the Chief of Police, in writing, that he no longer is engaged in soliciting and desires that the County purge its records of information cc~cerning his solicitor's license. Section 16A-4 Fees A fee of five dollars to cover the costs of investigaticn of the applicant and processing of the application shall be paid to the Treasurer of the County when the applicaticm ~s filed. Section 16A-5 Unlawful Acts and Penalty (1) It shall be unlawful to: (a) Enter into or upon a residential premises in the County under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares, merchandise or services. (b) N~main in or on any residential premises after the owner or occupant has requested any such person to leave. (c) Enter upon any residential premises for soliciting, when the owner or occupant has displayed a "No Soliciting" or similar sign on such premises. (d) Engage in the practice of soliciting in the County without a permit as provided for in this chapter, (e) Knowingly give false information or withhold information in obtaining a permit. (f) Sell, distribute, or circulate literary materials or canvass or solicit orders there- fore or for goods or m=-rchandise from pedestrian or vehicular traffic on or adjacent to any streets within the limits of the County, in such manner as will interfere with normal and usual use of such streets. (g) Engage in solicitation at any t/me prior to 9:00 o'clock A.M. or after 9:00 o'clock P.M., local tiros of any weekday, or at any time on a Sunday or on a state or national holiday. (h) Fail to provide a written order or invoice, in d~plicate, showing nan~ and address of the firm represented by the solicitor, issued and signed by the solicitor, signed by the purchaser, stating the terms and conditicns of the sale, a description of the gDods, wares, or merchandise, the quantity and price thereof, the date of sale, or the date of delivery, and the amDunt paid in advance, if any. 5he duplicate of such order or invoice shall be given to the purchaser. (2) Any person violating the provisions of this section shall, upen conviction, be guilty of a misdem-=anor and be punished by a fine not to exceed one hundred dollars. Sectien 16A-6 Revocation of Permit (1) Any solicitor's permit issued under the provisision of this chapter may be revoked by the Chief of Police, after notice and hearing, for any fraud, misrepresentation or false staten~nt cc~tained in the applicaticn; failure to observe the conditions of the permit; upon subsequent conviction of any crime or misdemeanor involving mDral turpitude; or failure to comply with Section 16A-5 of this chapter. (2) Notice of the hearing for revocation of the permit shall be in writing, setting forth the specific reason or reasons for the hearing and the tim_= and place thereof. Such notice shall be given to the holder of the permit at least ~wo days, if by personal service, and at least three days if by local mail, prior to the hearing, addressed to the holder's last known local address. (3) In the case where protection of the public's interest necessitates such action, the Chief of Police may direct imT~diate revocation of a solicitor's permit by personal service of a notice thereof by the Chief of Police or his deisgnated subordinate upon the holder or the person he represents. Wherein action in this manner is taken, the holder of the permit shall immsdiately discontinue those activities granted by the permit and this chapter but the holder shall be entitled to a hearing within two days from the revocation, and the notice of the revo- cation shall designate the time and place of the hearing. Section 16A-7 E~emptions from Provisic~s of Chapter ~he provisions of this chapter shall not apply to: (a) Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof. (b) To unpaid m~mbers of any civic or charitable organization who have an approved means of identification provided by such organization. (c) Newsboys soliciting subscriptions to any newspaper for home delivery within the (d) Boute deliverymen who make deliveries to regular customers and whose solicitation is only incidental to their regular deliveries. (e) Persons selling fresh farm products. (f) Persons licensed under the provisions of Title 38.1 of the Code of Virginia. (g) Persons engaged in can~-assing for or on behalf of political candidates or parties, or referenda. (h) Persons twelve years of age or under. (i) Persons collecting or attempting to collect any payment due from any purchaser where the collector and original seller are not one and the same. (j) Persons licensed to do business in the Cbunty unless Such person is deemed a peddler as defined in Section 12-144, a transient as defined in Section 12-142 or a junk dealer as defined in Section 12-178. Ayes: Nays: Mrs. Girone, Mr. Bookman and Mr. Myers. 'Mr. Apperson because he does not think you can pass a law that you cannot break a law and felt this was what was being done. Mr. Falwell stated this time and date had been set for. a public hearing on the proposed Ordinance relating to sewer and water connection charges for Homes for Adults, RDoming Houses and Boarding Houses. There being no one present in favor or opposition to the proposed Ordinance, it was on motion of Mrs. Girone, seconded by Mr. Myers, resolved that the following Ordinance be and it thereby was approved: AN ORDINANCE TO AMEND AND REENACT SEC~fIONS 20-7 AND 20-27 OF THE fDDE OF ~HE COUNTY OF C~ESTERFIELD, 1975, AS AMENDED, RELATZNG TO SEWER kND WRTER CONNECTION CHARGES FOR HOMES FOR ADULTS, ROOMING HOUSES AND BOARDING HOL~ES. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 20-7 and 20-27 of the Code of the County of Chesterfield are amended and reenacted as follows: Sec. 20-7. Connection fees-Generally. Connection fees for water in the county, including Ettrick Sanitary District, shall be based on meter size as determined by the county in accordance with the following schedule: (a) For the five-eights-inch meter with three-fourths-inch pipe, the fee shall be five hundred dollars. (b) For the five-eights-inch meter with one-inch pipe, the fee shall be five hundred and ten dollars. (c) FOr the one-inch meter with one-inch pipe, the fee shall be five hundred and seventy dollars. (d) For the one-inch meter with one and one-half-inch pipe, the fee shall be six hundred and thirty dollars. (e) FOr the one and one-half inch meter with one and one-half-inch pipe, the fee shall be six hundred and seventy dollars. (f) FOr the one and one-half-inch meter with two-inch pipe, the fee shall be six hundred and seventy dollars. (g) For the two-inch pipe, the fee shall be seven hundred and ten dollars. (h) All services over two inches in size shall be installed for such charges as shall be determined at the time of application. (i) For a meter serving one unit or serving r~re than one unit the connection fee shall be the basic meter charg=_ plus: Type Per Unit Fee (1) Single family, duplexes and tcwnhouses each Basic meter charge (2) Apartments, condominiums each $200.00 (3)a. M~bile houm park (multiple) each $200.00 (3)b. M~bile home park (individual) each Basic meter charge Per Unit (7) (8) (4) Hotel, motel and travel trailer camp each (5) Hosptial ea:ch bed (6) Nursing homes and residential institutional users Commercial, industrial and public buildings Homes for adults as defined in Sec. 63.1-172 of the Code of Virginia, boarding houses and rcominq houses each bed each Sec. 20-27. San~-- fharges-- Generally;. Connection charges for sewage treatment in the county including Ettrick Sanitary District shall be as follows: (a) Single family. $100.00 $200.00 Basic rater charge Basic meter charge or $50.00 per ~bed; whichever is greater (1) Existing residence, already having septic tank system when application is made within time allotted by county after notice that se~er service is available, six hundred dollars; thereafter, twelve hundred dollars. (2) New residence connected to se~er installed by developer, six hundred dollars. (3) New residence connected to sewer not installed by developer, twelve hundred dollars. (b) Duplexes. Saum as single family residence. (c) Mobile Homes. Same as single family residence. (d) Churches. Same as single family residence. When churches are used for schools, kindergartens, etc., charges shall be based on equivalent single family units. (e) Apartments, condominiums and townhouses. (1) Existing. When application is made within time allotted by county after notice is given that sewer service is available, six hundred dollars per unit; thereafter, twelve hundred dollars per unit. (2) New. Six hundred dollars per unit on lines installed by developer; twelve hundred dollars on lines installed with county funds. (f) Travel trailer camps, hotels and motels. (1) Existing. When application is made within time allotted by county after notice is given that sewer service is available, 'two hundred dollars per unit; thereafter, four hundred dollars per unit. {2) New. Four hundred dollars. (g) Comrercial, industrial and institutional. (1) Existing. When application is made within time allotted by the county after np, tice is given that sewer service is available, twelve hundred dollars per acre with a minimum charge of six hundred dollars for each such establishrent; thereafter, seventeen hundred fifty dollars per acre with a minimum charge of twelve hundred dollars for each such establishment. (2) New. When sewer extension is made by developer, twelve hundred dollars per acre with a minimum charge of six hundred dollars for each such establis~t. (3) New cor~rercial connected to sewer not installed by the developer. Seventeen hundred fifty dollars per acre with a minimum charge of twelve hundred dollars. (h) Hospitals, nursing hones, or homes for adults. (1) HosPitals, three hundred dollars per bed. (2) Nursing homes, two hundred dollars per bed. (3) Homes for adults as defined in Section 63.1-172 of the Code of Virginia, boarding houses and rooming houses, one hundred dollars ~er bed or the same as a single family residence; whichever is .greater. (i) Miscellaneous. Any condition not covered above or any special condition shall be negotiated. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on ration of Mr. Myers, seconded by Mr. Bookman, resolved that the following resolution was approved: Be it resolved by the Board of Supervisors of the County of Chesterfield, Virginia, in regular r~eting assembled that the Chairman of said Board be, and he hereby is, authorized to enter into an agreement with the Seaboard Coast Line Railroad Company, and to sign sam on behalf of said County whereby said Railroad Company grants unto said County the right or license to install and maintain, for the purpose of a sewer main, a line of 10-inc~ ductile iron pipe acress the right of way and under tracks of said Railroad Company at or near Chester, Virginia~ as particularly described in said agreement, which agreement is dated August 10, 1976, a copy of which agreement is filed with the Board of Supervisors. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was generally agreed that the request of Mr. Vaughan A. Reish for three sewer connections to the Enon Lagoon be deferred indefinitely. Mr. Painter cake before the Board requesting authorization to do an engineering study to provide sewer to the Guza Tract. After some discussion of who should be receiving the consultant's bills if'the developer is paying for the cost of the study and some concern expressed by Mrs. Girone that this study would be a commitment to plan sewer for the area, it was generally agreed that the matter be deferred. On motion of Mrs. Girone, seconded by Mr. Bookman, it was resolved that the Gnairman and Clerk were authorized to sign a vacation and rededication of an easement across the property of the following persons: 1. Mrs.~ Ruth S. Stott - Gontract S76-56CD/10A 2. Clyde C. & Lessie M. Anderson, Contract S74-43C/13 3. ~oscoe S. & Annie A. Williams, Contract S74-43C/14 4. Raymcnd C. & Mildred A. Crostic, Contract S74-43C/15 Ayes: Mrs.~ Girone, Mr.~ Auperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Myers, it was resolved that an engineering study for sludge handling at the Falling Creek Water Plant be and it thereby was approved at an estimated cost of $1,500 to be funded from Account 63-230-229.0. Ayes: Mrs. 'Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Myers, seconded by Mr. Bookman, it was resolved that an additional e~penditure of $1,605 for County maps to be paid from Account 11-101-320.0 be and it thereby was approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Bookman stated he had four families ~ Poindexter Boad who would like water connections and were willing to pay the $500 ounnecticn fee. Mr. Birdsong stated the estimated cost of the project for installing a 6" line, including meter installation, would be approximately $4,000 with $2,000 refunded through connecticns. On Motion of Mr. Bookman, seconded by Mr. Appers~n, it was resolved that the extension of the water line to four families on Poindexter Boad at an estimated cost of $4,000 with $2,000 being refunded through connections be and it thereby was approved with expenditures being funded from Account 66-260-807.0. Ayes: Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone inquired about the status of the water study and Mr. Painter advised the first phase should be completed by the end of the month. · Mr. Myers discussed the possibility of a $1,000,000 Revenue Bond Issue to take care of small water connections. Mr. John Smart, representing Reams Run Development, cs/ne before the Board requesting approval of an ordinance to vacate Castleburg Drive. After some discussion of which portion should be vacated between Mr. Ridgeway of the Shenandoah Community Association and Mr. Smart, it was on moticn of Mr. Bookman, seconded by Mr. Myers, resolved that the following Ordinance to vacate Castleburg Drive be and it thereby was approved as amended. An Ordinance to vacate a portion of Castleburg Drive pursuant to Par. 15.1-482 of the Code of Virginia WHEREAS, Reams Run Development, a Virginia General Partnership, has peti- tioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of the unimproved 50-foot more or less right-of-way known and desig- nated as Castleburg Drive is shown on the plat of survey of J. K. Timmons and Associates, Inc. dated August 17, 1976, a copy of which plat is attached hereto and made a part hereof by this reference; and WHEREAS, the 50 foot more or less road right-of-way known as Castleburg Drive is unimproved and serves no useful public purpose and its vacation does not abridge the rights of any citizen; and WHEREAS, notice of the adoption of this Ordinance has been given in accordance With Par. 15.1-431 of the Code of Virginia, 1950, as amended; NOW THEREFORE, be it ordained by the Board of Supervisors of'the County of Chesterfield, Virginia: 1. That the 50 foot more or less road right-of-way known as Castleburg Drive is unimproved and serves no useful purpose and its vacation does not abridge the rights of any citizens. 2. That pursuant to Par. 15.1-482 of the Code of Virginia, 1950, as amended, the portion of the unimproved 50 foot right-of-way as described above and shown on the attached plat of J. K. Timmons and Associates, Inc. dated August 17, 1976 be and hereby is vacated. 3. That this ordinance shall be in full force and effect in accordance with Par. 15.1-482 of the Code of Virginia, 1950, as amended, and a certified copy thereof, together with the plat attached, shall be recorded in the Clerk's office of the Circuit Court of Chesterfield County, Virginia, and shall be indexed in the name of the County of Chesterfield as grantor and Shenandoah Community Association and Allen G. Shelton, Jr., and Myrle G. Shelton as Grantees. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Fred Hinton representing Mr. Henry M. Harris, came before the Board re- questing approval of an Ordinance to va'cate Wincanton Road and Cranborne Road in Salisbury Subdivision. On motion of Mrs.. Girone, seconded by Mr. Bookman, it was resolved that the following Ordinances to vacate Wincanton Road and Cranborne Road in Salisbury be and they ~thereby ~ approved as amended. AN ORDINANCE to vacate a fifty (50) foot wide road in Salisbury Subdivision described as Wincanton Road, being shown on plat attached hereto made by M. E. Floyd, certified Land Surveyor, dated August 12, 1976 and revised October 6, 1976~ The part to be vacated being ~the entire unimproved road between the northeast line of Kentford Road and the extension of the rear lot line of Lot 11, Block C, Section B, Salisbury as shown on said plat, the length of the road being vacated being approximately 240 feet. WHEREAS, Henry M. Harris has petitioned the Board of Supervisors of Chester- field County, Virginia, to vacate the said Wincanton Road in Salisbury Subdivision shown on the plat attached hereto and made a part hereof; and notice that the Board of Supervisors would consider the adoption of an ordinance vacating the Said road in accordance with §15.1-431 of the 1950 Code of Virqinia, as amended. Now, Therefore, Be It Ordained by the Board of Supervisors of the County '~ of Chesterfield, Virginia: 1. Pursuant to §15.1-482 of the 1950 Code of Virginia, as amended, the said fifty (50) foot wide road, namely: Wincanton Road, as shown on the aforementione~ plat is hereby vacated subject to the fQllowing easements: A sixteen (16) foot permanent easement needed for the existing sanitary sewe~ line, eight (8) feet on each side. Also a sixteen (16) foot water line easement needed to run along side the northwest side of the right of way to extend from the existing alley easement to Kenford Road right of way. Said easements are shown as shaded on the above mentioned plat. This ordinance shall be in full force and effect in accordance with §15.t-48~ · of the 1950 Code of Virginia, as amended, and a certified copy thereof shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Vi rgini a. AN ORDINANCE to vacate a fifty (50) foot wide road in Salisbury Subdivision described as Cranborne Road, being shown on a plat entitled Salisbury, Section A, by J. K. Timmons, Civil Engineers, dated February 20, 1958. The part to be vacated being the entire road between Salisbury Road and Starcr0ss Road as shown on said plat, the length of the road being vacated being approximately 680 feet. Whereas, Henry M. Harris has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the said Cranborne Road in Salisbury Subdivision shown on the plat entitled Salisbury, Section A; and notice that the Board of Supervisors would consider the adoption of an ordinance vacating the said road in accordance with Section 15.1-431 of the 1950 Code of Virginia as amended. , Now, Therefore, Be It Ordained by the Board of Supervisors of the County of Chesterfield, Virginia: 1. Pursuant to Section 15.1-482 of the 1950 Code of Virginia, as amended, the said fifty (50) foot wide road, namely: Cranborne Road, as shOwn on the aforementioned plat is hereby vacated subject to the following easements: A twenty (20) foot permanent easement for drainage and utilities ten (10) feet on each side of the centerline of said road. ' This ordinance shall be in full force and effect in accordance with Section. 15.1-482 of the 1950 Code of Virginia, as amended, and a-certified copy thereof shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia and indexed in the names of the County of Chesterfield as grantor and Henry M. Harris, Robert D. Fincannon and J. K. Timmons, or their successors in title, as grantees. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On m~tion of Mr. O'Neill, secc~ded by Mr. Myers, it was resolved that the request of Mrs. Missouri Thomas for the extension of sewer service to her property at an estimated cost of $2,200 be and it thereby Qas approved subject to Mrs. Thomas signing a contract for a $600 connection fee. Expenditures to be made from Account 12-502-234. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers. Mr. Falwell stated this tima and date had been set for a public hearing on the proposed ordinance to issue sun~c~s in place of warrants for persons who are not handicapped parkin,~~ in spaces designated for the handicapped. Mrs. Girone stated Mrs. Peggy Bendrick, Co-Chairman of the Richmond Forum of the Handicapped, could not be present for the hearing but would like to urg~ approval of the proposed ordinance by the Board. .Mr. Apperson gave a brief su~rary of the mseting which was held at John Tyler Community College ca Septenber 14th by the handicapped and stated he felt it was a great success. There being no one present in opposition, it was on motion, of Mr. Apperson, seconded by Mrs. Girone~ resolved that the following. Ordinance be and it thereby was approved: BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 1-9 of the Cbde of the County of ~hesterfield is amsnded and reenacted as follows: Sec. 1-9. Issuance and service of sun~ons in place of warrants (a) Whenever any person is arrested for a violation of any county ordinance or of any provision of this Code, except as otherwise provided in this Code or in Title 46.1 or section 18.2-266 of the Code of Virginia, as amended, the arresting officer shall take the nar~ and address of sud/ person and issue a s~t~uns or otherwise notify him in writing to appear at a tir~ and place giving by such person of his written promise to appear at such tima and place, the officer shall forthwith release him from custody. (b) Any person refusing to give such written promise to appear shall be taken im~sd- iately by the arresting or other police officer before the nearest or most accessible judicial officer or other person qualified to admit to bail having jurisdiction, who shall proceed according to provisions of section 19.2-123 of the Code of Virginia. (c) Any person who willfully violates his written promise to appear, given in accordance with this section, shall be guilty of a misdemaanor, regardless of the disposition of, and in addition to, the charge upon which he was originally arrested. (d) Anything in this section to the contrary notwithstanding, if any person is believed by the arresting officer to be likely to disregard a s%m~Dns issued under the provisions of this section, the arresting officer shall take such person forthwith before the nearest or most accessible judicial officer or other person qualified to admit to bail in lieu of issuing the sum~Dns, who shall determine whether or not probable cause exists that such person is likely to disregard a sun~ons, and may issue either a sur~Dns or warrant as he may determine proper. (e) Notwithstanding the above, if any person is reasonably believed by the arresting officer to be likely to cause harm to himself or to any other person, the officer may take such person before a magistrate or other issuing authority of the county and request the issuance of a warrant. ~(f) Notwithstanding any provision of law to the contrary, whenever any person is arrested for violation of a state statute or county ordinance that, by its terms, prohibits a non-handicapped operator of a motor vehicle from parking such v~hicle in pa~king spaces reser~ad for the handicapped at privately owned shopping centers and business offices, the arresting officer may issue a sun~ons to sud/ person in lieu of a warrant, as provided for herein. This ordinance shall be effective inm~diately upon passage. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers. Bev. Andy Sales and Mrs. Mirian Henitzman of the Chesterfield Child Care Advisory Council cama before the Board requssting approval and funding of a plan to implement the county-wide assess- mant of citizens' needs for day care services and the elderly. Bsv. Sales stated they would also like approval to change the nares of the Child Care Advisory Council to the Cc~prehensive Day Care Advisory Council; that they would like a Board member appointed as a liaison officer and would like to appoint two new mambers to the Council. Bev. Sales reviewed 'the plan with the Board and stated approximately $7,000 was needed to fund the plan. Mr. Bookman stated he felt these people have done a terrific amount of volunteer work; that the Board should look into the needs of these people and that he was in favor of supporting the plan. Mr. Bookman further stated he had received word that Cbngress may extend Revenue Sharing and questioned if Bevenue Sharing m~ney could be used to fund the plan. Mr. Apperson stated some planning money may be available. It was generally agreed that the approval and funding of the plan would be deferred until October 13th so that Jim Zook could investigate the availability of Planning money and Mr. Micas could review the new regulation on Revenue Sharing. On motion of Mr. Apperson, seconded by Mr. Myers, it was resolved that the Chesterfield Child Care Advisory Cbuncil be changed to the Comprehensive Day Care Advisory Council. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. ~he Chairman appointed Mrs. Gircne to serve as a liaison offiCer %o the Council. On moticn of Mr. Apperson, seoonded by Mr. Myers, it was resolved that M~. Emily Parker and Mr. leonard Rogers, be and they thereby were appointed to the Comprehensive Day Care Advisory Council. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Bookman, it was resolved that the request of Disabled American Veterans A1 Bartraw Chapter No. 50 %o withdraw their bingo and/or raffle permit be and it thereby was approved. Ayes: Mr. O'Neill, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mr. Bookman, it was resolved that the $10 binge permit fee for the Disabled American Veterans be refunded when the bing~ permit is returned to the Co%mty Administrator. Ayes: Mr. O'Neill, Mr. Apperson, Mr. Bookman/and Mr. Myers. It was on motion of Mr. Appezson, seconded by Mr. Bookman, resolved that St. Augustine's Catholic Church was granted permission to ccmduct bingo games and/or raffles for a period of one year. Ayes: Mr. O'Neill, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mr. Apperson, seccnded by Mr. O'Neill, resolved that the Matoaca High School Activities Booster Club was granted permission to conduct binge g~mes and/or raffles for a period of one year. Ayes: Mr. O'Neill, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on ration of Mr. Apperson, seconded by Mr. Bookman, resolved that the Chesterfield Jaycees were granted.permission %o conduct bingo games and/or raffles for a period of one year subject to the one-time use of the Courthouse. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of ~,~. Apperson, seconded by Mr. Myers, it was resolved that the following erroneous tax claims were approved: Willis Boad Ltd. Partnership' T/A Ecc~or~f House Best. Howard H. Hauser Valerie J. Gilmore Over Estimated Betail Merchant License $160.00 Befund Cb. Auto License 5.00 Refund CO. Auto License 8.75 Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. ~he Board adjourned for lunch. Beconvening: 76S087 In Mid_lothian Magisterial District, Heritage I~nd Company requests rezoning from Agricultural (a) to Besidential (R-9 of a 98.38 acre parcel fronting 2,598 feet on Robious Road and being located opposite intersections of Woodm~nt Drive, Greenfield Drive and Early Settlers Road with Robious Road. T. M. Sec. 17-2 (1) Parcels 5 & 6 (Sheet 8). Mr. Tim Miller was present representing the applicant and requested a 30 day deferral of the request since the owner of the land, Mrs. Adcock, had decided she would like to retain 15-20 acres of the land for her personal use and Heritage would have to reevaluate whether it would be profitable to proceed with plans to purchase the land and build; that Mrs. Adcock does not want to rezone the property unless Heritage buys the land. Mr. C. H. Rosenbaum was present to question the drainage and Mrs. Girone stated she was aware that drainage is a ooncern to Mr. Bosenbaum and neighbors. It was on motion of Mrs. Girone, seoonded by Mr. Myers, resolved that the request be deferred until October 27th. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S124 In Clover Hill Magisterial District, Luther L. Caudle & Edward J. Bell request rezoning from Agricultural (A) to Conm~nity Business (B-2) of a 29 acre parcel fronting approximately 1,200 feet on Courthouse B~ad, and being located in the southwest quadrant of the intersection of these roads. T. M. Sec. 49-11 (1) Parcel 16 and T. M. Sec. 49-12 (1) Parcels 29, 30 and 31 (Sheet 14). M~.. Suzanne Shilling was present representing the applicant. Ms. Shilling presented the Board with a plan for a shopping center by the ~ckwood Square Association for the property. Ms. Shilling stated she had met with the residents from the cen~nunity and reviewed the plans with them end wanted to thank them for their cooperation; that the conditions set forth by the Planning Commission were acceptable to the applicant. Mr. Bookman stated the owners had approached him on the planned shopping center and he felt they had done a fine job making it something very nice. ~here being no one present in opposition, it was on ration of Mr. Bookman, seconded by Mr. Apperson, resolved that this request was appz~ved subject to the conditions recon~ended by the Planning Commission. Ayes: 'Mr. O'Neill, Mrs. Girone, Mr. Apperscm, Mr. Bookman and Mr. Myers. Mr. O'Neill was absent from the meeting due to a possible conflict of interest on zoning case 76S143. 76S143 In Bermuda Magisterial District, First Federal Service Corp. requests rezoning from Besidentiai (R-7) to Convenience Business (B-l) of a one acre parcel, fronting 162 feet on W. Hundred ~ad, also fronting 272 feet ca Ecoff Avenue and being located in the northwest quadrant of the inter- section of these roads. T. M. Sec. 115-10 (1) Parcel 1 (Sheet 32). Mr. Mac Daniels and Mr. Frank Scott were present representing First Federal and stated there were no objections to the ccnditions recorarended. Mrs. L. E. Armstrong was present in opposition to the request for reasons being traffic con- gestion; Ecoff Road is inadequate to serve commercial traffic; she was bothered with the way the intersection will be treated. Mrs. Az/rstrong further stated that according to the General Plan, cc~m~rciat zoning was only to go to Ecoff and regardless of whether it's zoned oormmrc~al or conditional uses are granted, the buildings are not geing to disappear; t_hat if you are g~ing to have a general plan it should be something that's trustworthy and should be followed. Mrs. Armstrong also stated that Chester used to be a quiet cc~n~ity with lots of trees; that mOst people want business but not in strips as is the case in ~ester; that her personal belief is as much consideration should be given to residential quality in older coranunities and that the Board should consider all criteria for zoning before considering this request. Mrs. Girone stated that she too Was concerned about the traffic this will bring and that the public is concerned with what the County is doing where zoning is concerned. Mr. Ritz and Mr. Balderson reconlTended the inclusion of Condition No. 1 reconmended by the Planning Staff as a condition of approval of the request which condition would require relo- cating the drive-in facilities to provide for a ten-car queuing area. Mr. Daniels stated the condition met with their approval. Mr.~.Myers stated business has to go on and that he did not feel this business would add to many more cars to the area since traffic on Ecoff is as bad as it's going to get; with a dual highway converging upon' Chester and not having received any compliants from people who will be near the bank, he .felt he could not conscientiously sit back and not approve the request. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request was approved subject to the conditions recormmended by the Planning Commission and the first recon~rendation of the Planning Staff. Ayes: Mr. Apperson, Mr. Bookman and Mr. Myers. Nays: Mrs. Girone - in defense of integrity of the Master Plan. Mr. O'Neill returns to the ~eeting. 76S144 In Bermuda Magisterial District, Mid-City Properties requests rezoning from Residential (R-15) to Conmtmity Business (B-2) of the rear portion (0.82 acres) of a 2.49 acre parcel fronting 250 feet on Jefferson Davis Highway, also fronting 442.50 feet on Osborne Road and being located in the southwest quadrant of the intersection of these roads. T.M. Sec. 98-14 (1) Parcel 1 (Sheet 32). Mr. E. M. Hopkins was present and presented plans for development. Mrs. L. E. Armstrong stated she wanted to go on record as being opposed to the request. Mrs. Armstrong further stated that she saw no integrity on what takes place on the Board and Planning; that there is no concern for residential areas and when you start facing businesses on resi streets you are going far afield of what zoning is. Mr. Myers stated he felt it was a good location and further stated that if business did not go into Qhester it would go somewhere else. It was on motion of Mr. Myers, seconded by Mrs. Girone, resolved that this request was approved subject to the cenditicns recommended by the Planning Conmission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S145 In Bermuda Magisterial District, Robert J. Norfleet requests a rezoning frcm Oonnunity Business (B-2) to ~eneral Business (B-3) of a 1.0 acre parcel, frcnting 200 feet on Jefferson Davis Hi~qway, also fronting 250 feet on Shields Avenue, and being located in the northwest quadrant of the intersection of these roads. T. M. Sec. 98-10 (3) Lots 1 through 5, Subdivision Shields Property, Block B, lots 1 through 5 (Sheet 32). Mr. Norfleet was present and Stated he would be using this parcel for a used car lot but did not plan on building at this time. Mr. Ritz stated that the applicant would have to hard surface the site before occupancy; that a site plan should be filed with the Planning Department; that the applicant should check on drainage and erosion control with the Engineering Department and an access ~e~J..t ~hould be obtained from the Highway Department. On motion of Mr. Myers, seconded by Mrs. Girone, it was resolved that this request was approved. Ayes: Mr. O'Neill, Mrs. C~irone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S147 In Bemuda Magisterial District, Ralph W. Dunnavant requests a Cbnditional Use to permit the construction of multi-family dwellings (12) units in a Residential (R-7) District on the rear portion (1.25 acres) of a 3 acre parcel, fronting approximately 280 feet on Brandywine Avenue, and being located approximately 200 feet north of its intersection with General B~ulevard. T. M. Sec. 81-16 (1) Parcel 3 (Sheet 23). %he applicant was no~present and there being no one present in opposition to the request, it was on notion of Mr. Myers, seconded by Mrs. Girone, resolved that this request was approved subject to the conditions reconn~nded by the Planning Conmission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S142 In Clover Hill Magisterial District, Joseph Bemstein requests rezoning from Agricultural '(A) to Residential (R-7) of a 10 acre parcel, fronting approximately 475 feet on B~an~ Road, and being located approximately 25 feet northwest of its intersection with Adkins Road. T. M. Sec. 27-8 (1) Parcel 5 (Sheet 8). The auplicant was not present and there being no one present in opposition to the request, it was on motion of Mr. Book/~an, seconded by Mr. Apperson, resolved that this request was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S148 In Clover Hill Magisterial District, John Wayne Barton requests a Conditional Use to permit a dog kennel in a Residential (R-15) District on a 1.25 acre parcel, fronting approximately 150 feet on S. Providence Road and being located approximately 150 feet southwest of its intersection with Sharpstead Road, and better known as 2110 S. Providence Road. T. M. Sec. 39-1 (1) Parcel 6 (Sheet 14). Mr. Barton was not present and there was a delegation of 13 persons present to oppose the requestwith Mr. John Rooster acting as spokesman for the group. Mr. Rooster stated a petition had been presented to the Planning Conmission with 75 signatures of homeowners who were opposed to the request. Mr. Bookman stated he had talked with seven or eight people who were opposed also and would reconmend denial of this request. On motion of Mr. Bookman, seconded by Mr. Apperson, it was resolved that this request be and it thereby was denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, M~. Bookman and Mr. Myers. 76S149 In Clover Hill Magisterial District, John F. Spencer requests a Conditional Use to permit a Stock Farm (to keep 3 horses) in a Residential (R-25) District on a 3.6 acre parcel, fronting approximately 500 feet on Riverway ~oad, also frcnting 199.36 feet on Plantation Trace Drive and being located in the northwest quadrant of the intersection of these roads. T. M. Sec. 109 (1) Parcel 21, Subdivision Plantation Trace, Lot 3 (Sheet 29). Mr. Spencer was not present and it was on ~otion of Mr. Bookman, seconded by Mr. O'Neill, resolved that this request be deferred until October 27th. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S150 In Clover Hill Magisterial District, lone Star Industries, Inc. requests an amendment to a previously granted Conditional Use (72-117C) to permit the operation of a ready-mix concrete plant in an Agricultural (A) District on a 2.87 acre parcel being located in the interior of a larger tract which fronts 1,752.25 feet on Hull Street Road, and being located opposite the intersection of Hull Street Road and Bridgewood Road. T. M. Sec. 48 (1) Parcel 17 (Sheet 13). Mr. Clement Llewellyn was present representing Lone Star Industries. Mr. Llewellyn stated the ready mix plant would be located near the Warren Brothers Quarry. Mr. Bookman stated he was not against the location of plant but informed Mr. Llewellyn he had .been receiving oomplaints about the blasting and dust control at the quarry and would like to make him aware of the situation. On notion of Mr. Bookman, seconded'by Mr. Apperson, it was resolved that this request was approved subject to the conditions reconmended by the Planning Con~nission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S151 In Clover Hill Magisterial District, Horace H. Hines, Jr. requests a Conditional Use to permit the operation of a Landscaping Business in an Agricultural (A) District on a 4 acre parcel fronting approximately 160 feet on Hull Street Road and being located approximately 1,500 feet northeast of its intersection with Walmsley Boulevard and better known as 8100 Hull Street Road. T.M. Sec. 39-12 (1) Parcel 9 (Sheet 14). Mr. Hines was present to discuss the request. There being no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that this request was approved subject to the conditions recommended by the Planning Commission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On notion of Mr. Bookman, seconded by Mr. Apperson, it was resolved that $189,457be appro- priated from the Unappropriated Surplus of the Ceneral Fund to 11-186-234.0 Construction Contracts, and the planned budget revenue account 11-000-636.0, HUD GRANT 701, be increased by $189,457. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Appereon, seconded by Mr. Myers, it was resolved that the Central Accounting Department be and they thereby were authorized to proceed with plans to establish the Airport as an Enterprise Fund; prepare a conlPrehensive report on the financial affairs of the Airport; make accounting adjustments retroactive from the beginning of the project to establish a factual history to assist in future planning; include revenue and expenses relating to land- m~bile (2-way) portion of the Avionics shop in a separate Intragoverp_mental Service Fund and use the income from hangar rentals to repay the General Fund for construction costs. An estimated ~ompletion date of Decenber 15th for the project was given by Mr. Condrey. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the County Attorney be authorized to prepare an ordinance for advertisement for a public hearing to be held on October 27th at 9:00 a.m. for abolishing the County Finance Board. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Robert Lux of the School Board was present requesting the County authorize the Treasurer to borrow $24.9 million so that contracts for schools could be comnitted by January 1, 1977 for the $29.9 million school bond sale. After some.discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the County Treasurer, George W. Moore, Jr. , be authorized to borrow up to $24.9 million as needed according to the schedule submitted, pursuant to. Sect/on 15.1-545.1, in anticipation of the (bunty selling the $29.9 million school bends and be it further resolved that $24.9 million be appropriated from the surplus of the 1976 School Bond Fund (44) for the various projects as outlined by the School Board. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Jim Zook presented the Board with copies of the proposed Comprehensive Plan along with a plan for distribution. After some discussion of the plan, it was on motionof Mr. Apperson, seconded by Mrs. Girene, that the gomprehensive Plan was referred to the Planning Commission for its review and recon~endations. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On m~tion of Mr. Bookman, seconded by Mr. Myers, it was resolved that Mr. David L. Paine and Mr. Thomas L. Daniel be and they thereby were appointed to serve cn the Economic Development Study Con~ittee of the Metropolitan RichnDnd fhamber of Cb~rerce. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperscn, Mr. Bookman and Mr. Myers. Mr. O'Neill stated he has been having a vandalism problem in Harrowgate Park with people driving cn the football field and would like to request the Board approve an expenditure of $904 for installing a fence with posts and top rails around the field. It was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that the request for instal- ling a fence around the football field at Harrowgate Park at an estimated cost of $904 be and it thereby was approved which funds will come from the ~ecreation Department's budget account 11-187-600.6. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell informed the Board that the Highway Department had formally accepted the roads in~ Beverly A~res, Section I into the State Secondary System of Roads. BEVERLY ACRES - SECTION 1 Vernetta Lane - Beginning at its intersection with State Route 36 northerly 0.30 mile to its intersection with Serena Lane thence northeasterly 0.06 mile to a dead end. 0.36 mile Serena Lane - Beginning at its intersection with Vernetta Lane, northwesterly 0.13 mile to a cul-de-sac; beginning at its inter- section with ~rnetta Lane northeasterly 0.10 mile to a cul-de-sac. 0.23 mile Mr. Falwell stated he had received a letter from Richard Nunnally, the fbunty Extension Agent, which stated that fhesterfield fbunty would rot qualify to be designated as a drought disaster area. It was on ration of Mr. Apperson, seccnded by Mr. Bookman, resolved that the Board would support those co,reties that are having problems with drought conditions and are seeking designation as drought disaster areas. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Bookman. On motion of Mr. Bookman, seconded by Mrs. Girone, it was resolved that the request of Mr. Frank B. McAllister for an extension of time until September 28, 1976 for the Airport Banquet Rooms contract be and it thereby was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell stated that making other than low bid contract awards for audio visual equipment for Schools was justified. It was on motion of Mr. Apperson, seconded by Mrs. Girone, resolved that the bid of 3M Business Products for 13 Overhead Projectors at $1,410.50 and the bid of Audio Fidelity for 9 Cassette Player/Becorders at $566.55 were approved upon the rec~'~Lendation of the School Board. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Bookman, seconded by Mr. Myers, it was resolved that the follc~ing Personnel and Salary Con, nittee recommmndations were approved: 1. ~equest of Airport Manager deferred. 2. EEO Policy Poster 3. Revised ID badge policy 4. New revised er~ployee handbook (copies were given to Board members). 5. Request of Col. Pittman for reimbursement of tuitiion e~penses incurred by Officer D. Courtney Griffin. Code of Conduct - copies were given to the Board members, with copies to be distributed to Department Directors for their conments to the Personnel Director by October 24th; also to be discussed at the County Administrator's dinner n~eting scheduled for October 28th and brought back before the Board for approval at the November 10th Board meeting. Ayes: Mr. O' Neill, Mrs. Girene, Mr. Apperson, Mr. Bookman and Mr. Myers. ~rs. Girone stated she looks at the Code of Conduct as a written statement of the high standards found at the Courthouse and it is important to write them down on paper. Mr. Apperson suggested that any meetings involving any Board members should be included on the monthly calendar of meetings posted in the Cotmty Adminis%rator's office. Mrs. Girone stated she had received a petition from 32 families requesting a street light for Le Gordon Drive & C~trnett Lane. It was on motion of Mrs. Girone, seconded by Mr. Myers, resolved that a street light be installed at the intersection of Le Gordon Drive and Garnett lane. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers. It was generally agreed that Mrs. Girone would prepare a leaflet on leaf burning to be dis- tirbuted in the water bills. On n~tion of Mr. Bookman, seconded by Mr. Myers, it was resolved that the Board 90 into Executive Session to discuss matters of potential litigation. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Booknmn and Mr. Myers. Beconvening: On motion of Mrs. Girone, seconded by Mr. Myers, it was resolved that the Board adjourned at 8:15 p.m. until October 7th at 12:00 noon for an Executive Session to.discuss personnel nmtters at the Mead~wbrook Country 'Club. Ayes: Mr. O'Neill, Mrs. Girone and Mr. Myers. Lee O. Falwell, Secretary