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12-20-1976 MinutesVIRGINIA: At a regular m~eting of the Board of Supervisors of f~esqerfield (bunt%f, held at the Oourthouse on Decer~oer 20, 1976, at 9:00 a.m. Present: Mr. E. Merlin O'Neill, fhairman Mrs. Joan Girc~e, Vice-Chairman Mr. C. L. Bookman Mr. Leo Myers Mr. Lee O. Falwell, Co. A~lmin. Absent: Mr. J. Ruffin Apperson ~_lso Present: Mr. Stanley Balderson, Chief Planner Mrs. Joan Dolezal, Secretary Mr. C. G. Manuel, Asst. Co. Aa~min. Mr. Steve Micas, Cotmty Attorney Mr. Robert Painter, County Engineer Mr. Lane Ramsey, Asst. Director of Cent. Acc Mr. Michael Ritz, Planning Director Mr. David Welchons, Asst. CO. Engineer Mr. Lynn Wingfield, Admin. Assistant Mrs. Girone called the meeting to order at 9:10 a.m. Mr. Myers gave the in~pcation. The Board recognized Mr. Pat O'Hare, Director of the Juvenile Detention Home, accepted his · resignation and wished him good luck in future endeavors. There was some discussion con- cerning the Juvenile Detention Home, its great success and its programs. Mr. O'Hare .stated that he was taking a job on the State level and that it is a new position but he is looking forward to evaluating programs and measuring their success. The Board thanked him for his good work and innovative ideas in the Past years. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the minutes of Novenber 15th, November 24th and December 14th were approved. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. Mr. Falwell stated that this time and date was scheduled for a Public Hearing on the vacation of Center Street in the Ivey Tract, Block "D". The Planning and Engineering Departn~mts having no objections to the vacaticn of Oenter Street in Matoaca District, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the following ordinance be adopted: AN ORDINANCE to vacate a portion of Center Steeet in Ivey Tract, Block "D", described as follows: Center Street, being shown on plat attached hereto made by George M. Whitman, Jr., C.L.S., dated July 8, 1970. The part to be vacated being the entire unimproved road between the eastern line of Meridian Avenue and the western line of Gary Avenue. Said plat being recorded in the Chesterfield Cbunty Circuit Court Clerk's Office in Plat Book 18, page 9~ WHEREAS, Landmazk Builders, Inc., has petitioned the Board of Supervisors of Chesterfield Couaty, Virginia, to vacate the fifty (50) foot wide road in Ivey Tract, Block "D", known as Center Street, as shown on plat attached hereto designated as area shaded iD. red, said plat being recorded in the aforesaid Clerk's Office in Plat Book 18, page 9; and notice having been given that the Board of Supervisors would consider the adoption of an ordinance vacating said road in accordance with Section 15.1-431, 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 Center Street, as shc~rn on the aforementioned plat, is hereby vacated, subject to the following: ao The recordaticn of a plat entitled "Plat of Ivey Acres, Matoaca District, Chesterfield County, Virginia", dated October 10, 1976, made by Charles C. Townes & Associates, showing blocks "A", "B" & "C" thereof. 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 hereof, together with the plat attached, shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield Co~.mty, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, as amended, and shall be indeed in the names of the Celmty of Chesterfield and Landmark Builders, Inc. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. Mr. Falwell stated that this time and date was scheduled for a public hearing on the vacation of a portion of Crescent Park. The Planning and Engineering Departments having no objections to the vacation of a portion of Lawndale Street and alley ways in Crescent Park, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the following ordinance be adopted: AN ORDINANCE to vacate a porticn of Lawndale Street and alley ways in Crescent Park, described as follows: %hat portion of Lawndale Street, alleys and portion of a fifty (50) foot easemant, all shown as shaded areas on a plat attached hereto, made by Virginia Surveys, M. E. Floyd, Certified Land Surveyor, dated September 24, 1976. portion to be vacated being the sixteen (16) foot alleys, a triangular portion of Lawndale Street at its southern terminus and a portion Of a right-of-way con- tiguous to and running perpendicular to the southern end of I~wndale Street; all of which are continuous to and abutting Lots 1 through 24, Block 9 and Lots 12 through 29, Block 10, Plan of Crescent Park, Plat Book ~, pag~ 110, f~esterfield Oo~ty Circuit Court Clerk's Office. WHEREAS, landmark Builders, Inc~, a Virginia corporation, has petitioned the Board of Sup~rviso'rs of Chesterfield County, Virginia, to vacate the above-m~ntioned property as shown c~ a plat attached hereto and being shc~n thereon as shaded areas; and originally being shown c~ a certain plat entitled Plan of Crescent Park, recorded in the aforesaid Clerk's Office in Plat Book 4, page 110; and notice that the Board of Supervisors would consider the adoption of an ordinance vacating the portions or alleys, roadways and easem-=nt aforesaid in accordance with Section 15.1-431 of the Code of Virginia, as amsnded. 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 amanded, the aforesaid parcelsof land, nammly: a portic~ of Lawndale Street, portion of existing right-of-way, and alleys as shown on the aforesaid plat, are hereby vacated, subject to the following: ao %he recordation of a plat entitled "Crescent Park, Basubdivision of Lots 1-24, Block 9 & lots 12-29, Block 10, Bermuda District, Chesterfield Cotnty, Virginia", dated September 21, 1976, made by Virginia Surveys, M. E. Floyd, C.L.S., dedi- cating the relocation of a portion of Lawndale Street and dedicating utility as shown hereon. This Ordinance shall be in full foroe and effect in accordance with Section 15.1-482 of the Code of Virginia, as amended, and a certified copy hereof, together with the plat attached, shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, as anmnded, and shall be indeed in the nanm of the County of Chesterfield and Landmark Builders, Inc. Mr. Falwell stated that the County had been formally notified that the streets in the following subdivisions have been accepted into the State Secondary System of Roads effective as noted: %he M~adows, Section 2 Windsor Hills Pocoshock Hills Buckingham Manor, Section C (October 1, 1976) (October 1, 1976) (December 1, 1976) (December 1, 1976) THE MEADOWS - SECTION 2 Kentberr~; t~pad - Beginning at its intersection with Pineville Road west 0.05 mile to a teaporary turnaround. Pineville Boad - Beginning at its intersection with Rosegill Rd. south- easterly 0.06 mile to its intersecticn with Pineville Court thence south- easterly 0.06 mile te its intersection with Rabnont Drive thence south- easterly 0.06 mile to its intersection with Kentburry Road thence south- easterly 0.02 mile to a temporary turnaround. Robmont Drive - Beginning at its intersection with Rosegill Road south- easterly 0.18 mile to its intersection with Pineville tlDad. Pineville Oourt - Beginning at its intersecticn with Pineville ~Oad easterly 0.0 3 mile to a cul-de-sac. 0.05 mile 0.20 mile 0.18 mile 0.03 mile WINDSOR HILLS Harr~ Drive - Beginning at its intersection with State N~ute 144 westerly 0.33 mile to its intersection with Wilton Road.~ Wilton Boad - Beginnin~g at its intersection with Harrow Drive southerly 0.17 mile to a dead end. O. 33 mile O. 17 mile POCOSHOCK HILLS Ives Lane - Beginning at its intersection with State Route 2144 (Dell Drive) southerly 0.11 mile to a tenporary turnaround. 0.11 mile BUCKINGF~AM MANOR - SECT/ON C Gainsborough Court - Beginning at its intersection with Otterdale Road northerly 0.09 mile to a cul-de-sac. Edem_hurst Oourt - Beginning at its intersection with Otterdale RDad northerly 0.09 mile to a cul-de-sac. 0.09 mile O. 09 mile Mrs. Girone stated that she was concerned about railroad crossings in the County and the rate which the Highway Department installs lights and/or lights and signals. She stated that the County has 29 projects listed and the Highway Dept. does one or two a year in the Cbunty. Mr. Ritz ·stated that he was sure that it was one or two in the District rather than the County. Mrs. Gircne stated that the cost was $20~000 for lights and $50,000 for lights and signals but that something must be done to have nore of these installed because of the grc~th of the County and the accidents that are occuring at these railroad crossings. She suggested inuDlving developers, the railroad cc~panies and the Highway Department in trying to eliminate these problems at a faster rate. She stated that she would be trying to find workable solutic~s to some of these bad situations.. Mr. Bookman asked that Mr. Richard Pul-fear of the Engineering Departnent investigate the possibility of installing a turn around at the end of Jacobs Lane (off of Newbys Bridge I~Dad) for school buses because the children have to walk to Newbys Bridge Poad and that there · may be a possibility of the land being donated. He also inquired if it could be improved to substandard conditions. .Mr. Myers requested that the Board members not be required to sign for their Beard information that is delivered. It was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that Mr. Morris Mason be paid $1,582.50 for services rendered in the case of the Chesterfield Civic Association, et al. vs. the County of Chesterfield and said funds to come from account 11-018-230.0. Legal Fees. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that the following budget amendments be approved: a. $393,136 be appropriated from the Unappropriated Surplus of the Water Improvement, Neplacement and Extension Fund to 63-230-234.0 Cc~struction Contracts. b. $67,724 be transferred from Planned Budget Expense Account 66-260-234.0 Cbnstruction Contracts to '63-230-234.0 Construction Ccntracts. Ayes: Mrs. Girone, Mr, Bookman and Mr. Myers. It was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that planned budget expense account 69-201-234.0 Construction Oontracts be decreased by $1,500 and planned budget expense account 69-201-410.0 Radio Equipment be increased by $1,500 to purchase a radio for the fore,mn of the Ettrick Sanitary District. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the Beard of Supervisors directs the County Attorney, in consultation with staff and bond counsel, to draft a bond resolution to borrow $1.8 millic~l pledging the gross revenues of the County Nursing Home. Ayes:' Mrs. Girone, Mr. Bookman and Mr. Myers. It was on notion of Mr. Myers, seconded by Mr. Bookman, resolved that the Treasurer of Chesterfield County is hereby authorized to transfer from the Sewer-Improvement and Extension Fund (73-01) to the General Fund (11-01) the sum of five hundred thousand dollars ($500,000). Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that planned budget expense account 11-071-400.1 Bepl. Motor Vehicles be reduced by $59,000 and the same amount be trans- ferred to the Surplus of the General Fund. And be it further resolved, that planned budget expense account 12-500-601.0 New Buildings be reduced by $67,337 and planned budget expense account 12-503-400.1 Repl. Motor Vehicles be increased by $67,337. Ayes: ~irs. Girone, Mr. Bookman and Mr. Myers. Mr. Falwell presented the Board with a request from the Airport Manager requesting special avionics equipment which could help produce revenues for the Airport. Mrs. Girone and Mr. Myers stated that this request was improper and that it should have been planned for in the budget. After further consideration of this matter, it was on motion ~f Mr. Bookman, seconded by Mr. Myers, resolved that $12,000 be transferred from planned budget expense account 16-165-323.0 Materials and Sq0plies to 16-165-405.0 Equipment. Ayes: Mrs. Girone, Mr. Booknmn and Mr. Myers. Mr. Myers stated that he did vote for this but he was not in total support of it becaus~ it seemed to him that the Airport is running the Board and not the Board running the Airport. Mr. Bob Armstrong of the Board of Directors for the YMCA and Mr. Jessie Rideout were present. Mr. Armstrong stated that the YMCA Model County Covernment program's purpose is to give the high school students the opportunity to participate in local government, to give the students political leadership training and e~perience in the theory and practice of. determining public policy and to give the students a clearer understanding of the workings of our local govern- ment. He stated that the students would work directly with the County officials and he would like it to be on a Board day when the students could be in on the decision making process. He stated that each official would be given the responsibility of working with one student. Mrs. Girone stated that she felt the constitutional officers should be oDntacted separately because the Board of Supervisors cannot commit their services. Mr. Falwell inquired about the Juvenile Detention Home and the Court System. Mr. Rideout stated that they are working on a Model Court System which would involve those departnents. Mrs. Girone stated that she felt this was a good and positiue step toward involving the younger people in their government. Mr. Myers stated that there have been instances when the schools have been running things and he is not in favor of this type of situation but he felt the objectives of this program were good. Mr. Rideout stated that he would be working very closely with the students and assures the Board of the program's success. After further consideration of this matter, it was generally agreed by~ the Board because of date cc~straints that this program would be held c~ April 20th at fhesterfield. Mr. Zook discussed with the Board pre-applications for FY 77 Community Development Funds. He stated that this year each application could not exceed $500,000 and that sewer and water project applications would have the best opportunity to receive funding. He asked ftmrT_her that if any Board men~oer had a project in mind, to please let him know. It was generally agreed that the Board would hold public hearings on the Conmtmity Development Funds at 7:00 p.m. on January 12th and 5:00 p.m. on January 17th. It was generally agreed that discussion of ~irport restaurant signs be deferred until 3:00 p.m. It was generally agreed that appointm-=nts to the ~_ntal Health/Mental t%etardation Services Board from Clover Hill District be deferred until J~uary 12, 1977. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the Board of Supervisors accepts the low bid of Burroughs Corporation to supply the following computer equipment: QTY. ~DDEL DESCRIPTION 1 B3830 Basic System includes: Central Processor, 4.0 ~{_ I/O Subsystem, 4 NB/Secon~ .2 Data ~ Processor Bases · 100 KB IC Menmry w/error correction 1 B3099-8 Floating Point Arithmetic Add'l 200 KB IC Memory (TOT - 300 KB) 1 B3341-8 1 B3110-8 1 B3247-81 1 B3395-81 1 B3373-81 1 B3304-8 1 B3351-81 1 B3351-82 1 B9499-30 Operator Display DLP-4 Card Reader DLP-3 Train Printer DLP-5 Magnetic Tape DLP- 3 HPT Disk File DLP-4 Disk Pack Drive DLP-4 Data Set Connect Uniline DLP-4 BDI Uniline DLP-4 lx4 Magnetic Tape Exchange B9348-3 B9115 B9247-14 B9496-4 B9471-6 B9470-1 B9470-11 B9387-1 Operator Display & Keyboard 300 CPM Card Reader 1100 LPM, 132 P.P. Printer 80 KB Magnetic Tape Unit (Two Units) Disk File Electronics Unit Primary HPT Disk Storage Module (5.5 ~B) Add-On HPT Disk Storage Module (5.5 MB) Disk Pad~ Storage/Controller (130.4 MB) 4 TD833 2,000 Character CRP Display/control 2,000 Character Display Memory 1,200 Character Data ~omm. Buffer Synchronous Data Set Interface 1 TC4201 Printing Terminal System 60 CPS Printer 512 Character Send/Receive Buffer Asynchronous Transmission B3800 NDL B3800 D~2 B3800 o0B Network Definition Language Data Management System ANSI ' 74 OOBOL Compiler at a cost of $11,585.12 per r~nth, including maintenance on equipment for 84 nonths, with the final agreement to be subject to approval by the County Attorney, and be it further resolved that the Director of Data Processing is hereby authorized to order the previously mentioned equipment fzom Burroughs Corporation. By this resolution the Board of Supervisors authorizes the fhairman to enter into the appropriate agreement approved by the Cotmty Attorney. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on notion of Mr. Bookman, secc~ded by Mr. Myers, resolved that $13,000 be appropriated from the Unappropriated Surplus of the C~neral Fund to budget code 11-015-214.1 for the Data Processing Equipment mentioned above. Ayes: Mr. O'Neill, Mrs. Girene, Mr. Bookman and Mr. Myers. Mrs. Girone stated that she felt the microfilming of County files was an excellent idea but that the timing may not be right at this time because of the financial situation of the County. Mr. Hodge stated that ne~ equipment is being introduced all the tinm and suggested that perhaps a year's delay would prove beneficial to the Cotmty. After further discussion of this matter, it was on motion of Mrs. Girone, seconded by Mr. Myers, resolved that the sum of $2,582.38 be paid from 11-189-299.3 Microfilming to terminate the contract with Kodak and further that $37,417.62 be transferred from 11-189-299.3 Microfilming to the Unappropriated Surplus of the General Fund. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seccmded by Mr. Myers, resolved that the fhairman be author- ized to sign the Amendment to Bond Pledge Agreement and Amendment to Conditional Assignment for Brandermill which copies are filed with the papers of this Board. · Ayes: Mr. O'Neill, Mrs. Girone, Mr. Book/ran and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that .548 acres at the southwest corner of Route 10 and Courthouse Road, be sold to Zane Davis for $12,132 subject to the Circuit Court Judges' approval. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the Game Claim of Ms. Ruth S. Livmsay be approved in the amount of $76.50 for the destruction of 22 miscellaneous fowl and cne rabbit. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was generally agreed that the Game Claim of Mrs. Lecm M. Murphy be investigated further by the Animal Control Department. Mr. Bookman stated that the Dog Comnittee had met and felt that they would have some favorable results to report to the Board. It was generally agreed that the Board adjourn for lunch. Beconvening: Mr. Quaiff presented the Board with financial reports on the water and sewer systen~ in the Mr. Bookman stated that the Estridge Subdivision has about 20 systems out of 70 which are failing. He inquired how to move it up on the list of priorities. Mrs. Girone stated that sb~ also had the same problem in her area. Mr. Painter stated that Estridge is only 7 or 8 years old and they were' working on the older ones first but that %he priorities can be changed unless work ~b~s begun There' was considerable discussion ~regarding the policies of~ the County. regard'%ng sewer vs ~ septi6 tanks, setting priorties in the districts, other projects needing attentic~ f etc. It was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that the following Water Contracts be approved: A. W76-86D CeD/to Forest, Section B-C. $ 19,898.25 Alpine Construction Corporation Developer: Genito Forest Company B. W76-87D Beverly Acres - Section II 9,612.00 R. Lo Crowder Construction Company .. Developer: Mr. Beverly V. Mason C. W76-88D Walton Park - Section B 10,390.00 Lewis H. Easter & Company Developer: George O. Gratz, Inc. D. W76-89D Creekwood, Section C 22,612.55 Fred Barnes Construction Con~pany Developer: L.S.P.' Realty Development Corp. E. W76-94D Station Drive - 84 Luaber Company William M. Harmon Developer: 84 Lumber Company 4,811.00 F. W76-96D Mayfair Estates, Section C $ 11,005.25 Stamie E. Lyttle Company, Inc. Developer: Irvin G. Homer and William U. Savage, T/A Homer & Savage G. W76-95D Centralia Gardens 7,680.00 Fred Barnes Construction O~mpany Developer: Virginia Land Developers, Inc. H. W76-98D Ardnbrook, Section 3 5,417.50 Van Doren Brothers, Inc. Developer: J.J.H. Corporation I. W76-97D Hanbury Drive Extension Developer: B. B. Marshall, Inc. J. W76-99D Petersburg Street Developer: Ernest L. Hastings & Eunice R. Hastings Ayes: Mrs. Girc~e, Mr. Bookman and Mr. Myers. 1,050.00 690.00 It was ganerally agreed to defer discussions of the report on Ettrick until January 17, 1977. Mr. O'Neill asked that the Engineering Department check on the TV survey of the sewer line that serves the Ettrick Baptist fhurch. Mr. Birdsong distributed a list of unfunded water projects. Mr. Painter explained that som~ of these projects need to be authorized as son~ parts have been completed and the County could pick up additional connections. It was generally agreed that this could not be done at this t/ms since, there is no money available for this work. Mr. Painter stated that this time and date had been scheduled for a hearing on the vacation of a 16 ft. alley easem-=nt in the Central Park Subdivision. Mr. J. Pandolph Smith, attorney for Mr. Coulton Yon, was present. The Engineering and planning Departments having no objections to the request, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the follow- ing ordinance be adopted: AN ORDINANCE to vacate a 16-foot alley easement in the subdivision of Central Park in the Bermuda District, ~hesterfield County, Vir~.nia, a plat of which, made by J. Temple Waddill, recorded in Plat Book 4, pages 115, in the Clerk's Office of the Circuit Oourt of f~esterfield County, Virginia, the said 16-foot easen~nt being unimproved and not used for public purposes and being more particularly shown on a portion of the aforesaid subdivision plat, dated January 10, 1928, shaded in red, a copy of which is attached hereto and made a pa~rt hereof by this reference. WHEREAS, Coulton Yon has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the 16-foot wide unimproved easen~nt in the said subdivision of Contral Park as shown shaded in red on plat of a portion of said Central Park Subdivision aforesaid, a copy of which is attached hereto and made a part hereof of this reference. . WHEREAS, notice of the adoption of this Ordinance has been'given in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amsnded. NOW, THEREFOt~, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: 1. ~hat pursuant to Section 15.1-482, of the Code of Virginia, 1950, as amended, that the unimproved 16-foot easement described above and shown shaded in red on the aforesaid plat, be and it is hereby vacated. 2. This Ordinance shall be in full force and effect in accordance with Section 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. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Mr. Painter stated that this tim~ and date had been scheduled for a hearing on the vacation of a twenty foot easemant in McKesson Place Subdivision. The Engineering and Planning Departments having no objections to this vacation, it was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that the following Ordinance be adopted: AN ORDINANCE to vacate %he twenty (20') foot wide easem-=nt in McKesson Place Subdivision described as follows: Beginning at a point on the western line of McKesson Drive twenty (20') feet south of the southern boundry line of Lot 1, Block C, Section A; thence S 61° 47'53'~ to the eastern line of the Vepco right-of-way; thence N 2039' 30"W to to the southern bomdry line of Lot 1; thence N 61°47'53"E, 168.33' to a rod on the west line of McKesson Drive; thence in a southerly direction along the west line of said road to the point and place of beginning; being nore par- ticularly described on a plat of sruvey attached hereto made by Foster & Miller, Certified Land Surveyors, dated January 2, 1962. WHEREAS, Irvin G. Homer and James H. Newell have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the twenty (20') foot wide easement in M~Kesson Place Subdivision, said easement being as shc~m on a plat attached hereto and recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, in Plat Book 12, page 83; and notice that the Board of Supervisors would consider the adoption of an ordinance vacating said easenmnt in accordance with Section 15.1-43 of the Code of Virginia, as amended. Now, ~herefore, Be It Ordained by the Beard of Supervisors of the County of Chesterfield, Virginia: 1.. Pursuant to Section 15.1-482 of the 1950 fl}de of Vir~nia, as amended, the said twenty (20') foot wide easement is hereby vacated. %his Ordinance shall be in full force and effect in accordance with Section 15.1-482 of the 't950 Code of Vir~nia, as amended, and a certified copy thereof shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield Colmty, Virginia. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mrs. Girone, resolved that the following Sewer Contracts be approved: A. S76-78D Walton Park, Section B $ 38,599.50 Lewis H. Easter & Company Developer: George O. Gratz, Inc. .B. S76-102D Pleasant Ridge 22,820.00 Bookman Construction Company Developer: Geoffrey Development Corp. C. S76-103D Scottingham, Section G 10,419.50 R.M.C. Contractors, Inc. Developer: Cardinal ~ealty Company D. S76-98D Ard~brooke, Section 3 12,881.00 Van Doren Brothers, Inc. Developer: 5he J.J.H. Corporation E. S76-93CT~1 14705 Jefferson Davis Highway 10,550.00 l~terans of Foreign Wars of the United States - Robert E. Lee Post 2239 Colmty's Cost - Refunds from connections ($3,600) Code: 73-330-992.2 F. S76-100D Mayfair Estates, Section C 38,173.95 Stamie E. Lyttle Company Developer: Homer & Savage G. S76-105D Settlers landing, Section E-1 12,285.00 Bookman Construction Company Developer: Comnonwealth Development Oorp. Ayes: ~. O'Neill, Mrs. Girone and Mr. Myers. It was on ration of Mr. Booknenn, seconded by Hrs. Girone, resolved that the Wagstaff Circle Fire Department be paid $600 for reimbursement of a sewer connection fee which is consistent with County policy. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on ration of Mr. O'Neill, seconded by Mr. Myers, resolved that the request for sewer connection for one lot on the west side of Wells Bead in Matoaca for construction of a house for Howard Procise be denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman md Mr. Myers. Mr. O'Neill asked that the Engineering Department write Mr. Procise and inform him of this action and why it had to be taken. Mr. Painter stated that there was a petition from the residents of Drewrys Bluff Read at Route 1 requesting sewer. Mr. Hailey was present and he stated that seven out of 11 residents needed sewer. Mr. Myers discussed different possibilities of funding this $46,000 which was the esti- mated cost. After further oonsideration of this matter, it was generally agreed that Mr. Myers would check on all the possibilities in the area of participation in the cost. Mr. Hailey stated that he would be willing to ~participate in the cost to a certain degree but that he could not afford $15,000. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the request from Mr. Richard L. Ealey, 8915 Oaklawn Street, to connect to sewer at the reduced rate of $300 rather than the present rate of $600 be denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that Sewer fbntract S76-16T, State Polioe Headquarters Sub-Trunk be awarded to G. L. Howard, Inc. for construction of the sower line to service the State Police Headquarters on Route 60 as follows: ODntract Ammunt Less State Police 'Share County Cost Cc~nection Fee Balance $46,697.00 10.,574.00 ~-~,123.00 40,000.00 $ 3,877.00 Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that a revision be made to Sewer Contract S74-29CD in Lake Genito Subdivision which will allow for the County to refund the developer for service laterals to existing houses in the subdivision (which was in the original contract) plus for off-site and an oversize main, which total refund will be $13,743.05. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girone,.seconded by Mr. Myers, resolved that the request of Mr. John Jenkins to allow a sewer connection for Lot 2, Section C, Huguenot Hundred, Section B through Petaway Farms to the City Sewer be approved provided that the sower is by gravity, that the connection fee be paid to the County and further that the County Will not have any cost in this situation. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motic~ of connection fee from 17, 1977. Ayes: Mr. O'Neill, Mr. O'Neill, seconded by Mr. Myers, resolved that the request for a ~educed Anne McDaniel Critcher at 15821 Meridian Avenue be deferred until January Mrs. Girone, Mr. Bookman and Mr. Myers. It was cn moti°n of Mr. Myers, seconded by Mr. Bookman, resolved that the request of Mr. M~rvin J. Price to install a private pump and force main to' serv~ the property at the corner of (hester Boad and Kingsdale B~ad be approved provided the force main is installed in an easemsnt, the pu~p and force main to be approved by the Building INspectors and/or Health DepOt, all costs of the installation are to be borne by the developer and that the connection fee be $1,200 per acre. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the vacation of an easement across the property of Joseph C., Jr. and Barbara J. King, Contract S73-32T/N, Bermuda District be approved and the Chairman of the Board of Supervisors and the County Administrator be author- ized to sign said vacatic~ which easement is dated April 29, 1974. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girone, seconded by Mr. Myers, resolved that the vacation of an easement acress the property of Otho P. and Elizabeth Wren, Contract 6511-45B/13, Midlothian District, dated January 8, 1971, be approved and the Chairman of the Beard of Supervisors and the Cou/ty Administrator be authorized to sign said vacation. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the Highway Department be requested to take the roads in the following subdivisions into the State Seoondary System: 1. Scottingham, Section F 2. Garden City Heights 3. Salem Woods, Sectic~ A 4. Belfair, Section A 5. McKesson Place SOOTTIN~{AM- SECTION F Bedbridg~ Road - Beginning at State Maintenance Route 2510. 0.04 mile southeast of its intersection with Midfield Bmad thence southeasterly 0.17 mile to its intersection with Milbrae Road thence southeasterly 0.08 mile to its intersection with Wadsworth Drive thence southeasterly 0.03 mile to a temporary turnaround. 0.32 mile Milbrae Road - Beginning at its intersection with ~dbridge Road thence northeasterly 0.07 mile to its intersection with Milbrae Court thence northeasterly 0.08 mile to its intersection with Milbrae Place thence northeasterly 0.08 mile to a temporary turnaround. Milbrae Court - Beginning at its intersection with Milbrae Road thence westerly 0.06 mile to a cul-de-sac. 0.23 mile 0.06 mile Milbrae Place - Beginning at its intersection with Milbrae Road thence westerly 0.04 mile to a cul-de-sac. Wadsworth Drive - Beginning at its intersection with ~edbridge Road thence northeasterly 0.13 mile to its intersection with Wadsworth Oourt thence northeasterly 0.04 mile to a temporary turnaround. wadsworth Cburt - Beginning at its intersection with Wadsworth Drive thence southeasterly 0.03 mile to a cul-de-sac. 0.04 mile 0.17 mile 0.03 mile GARDEN C~TY HEIf~ITS Angarde Drive, - Beginning at its intersecti°n with Harrowgate Road (State Route 144) 0.15 mile easterly to a cul-de-sac. 0.15 mile SAT,RM WOODS - SEC'lION A Antas Lane - Beginning at its intersection with Salem Church Boad (Route 642) southeasterly 0.05 mile to a cul-de-sac. Baume Circle - Beginning at its .intersection with Salem Church Road (Route 642) southeasterly 0.06 mile to a cul-de-sac. Chanson Road - Beginning at its intersection with Salem Churd~ Road (Route 642) southeasterly 0.08 mile to a temporary turnaround. Nordic lane - Beginning at its intersection with Salem Church Road (Route 642) southeasterly 0.06 mile to a cul-de-sac. 0.05 mile 0.06 mile 0.08 mile 0.06 mile BELFAIR- SECTION A Laurelwood Road - Beginning at its intersection with Stella Road northerly 0.06 mile to its intersection with Laurelwood Court thenoe northerly 0.10 mile to State Maintenance. Laurelwood Court - Beginning at its intersection with Laurelwood Road easterly 0.03 mile to a cul-de-sac. 0.16 mile 0.03 mile MCKESSON PLACE McKesson Drive - Beginning at its intersection with State Route 2144 southerly 0.07 mile to State Maintenance. 0.07 File Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It Was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that the cDunter offer of Mr. C. Wesley Cunningham, Project 7032-15 in Bermuda District, be accepted in the anount of $600 which will be paid from accotmt 73-330-224~0. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Myers, seconded by Mm. Bookman, resolved that the Engineering Department be authorized to make Mr. Donald Sav~ge a counter offer of $2,000 with negotiations not to exceed $2,500 for the purchase of a parcel of land containing 0.338 acres of land adjacent to the Enon Fire Department located in Bermuda District with the funds coming from the Enon Fire Department.' Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. It was on ration of Mr. O'Neill, seconded by Mr. Booknmn, resolved that Mrs. Clyde Lipford of 5621 Beechnut Street in Matoaca District be granted a sewer connection to the Old Town Creek Ayes: 5~r. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that Mrs. Carrie Clark be allowed to apply for sewer service for 16005 Meridian Avenue and 16004 Edgewood Drive at the $300 rate. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Book~an and Mr. Myers. Mr. Myers stated that since all Supervisors were not present he would like to defer discussions of the Escrc~ money from the Chester area until the January 12, 1977 meeting. It was on motion of Mrs. GirOne, seconded by Mr. Myers, resolved that the following erroneous tax claims be approved for payment: Thomas W. Hc~ard Erroneous Assessment for 1976 $ 14.40 Larzy C. ~ay' Erroneous Assessment for 1976 245.62 Ayes: Mr..O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Mr. Joe Pintavalle of the Crosswinds discussed with the Board the possibility of not installing signage at the Terminal Building indicating where the restaurant was at the Airport but applying that money towards a sign on RDute 10 which could be installed beside the County Industrial Park sign. There was considerable discussion regarding the effect this sign could have, the permit that would have tD be obtained from the Highway Department, the trees that would have to be re, Dyed so as not to cover the sign, the costs involved, etc. Mrs. Girone stated that she felt this would not have much effect for the amount of money that would have to be spent. It was generally agreed that Mr. Pintavalle should discuss with the Planning Director all possibilities, that he should contact the Highway Department to obtain a permit for a sign on their right-of- way, and that the results should be brought back to the Board for further consideration. Mrs. Girone suggested that the possibility of a billboard and another sign closer in be investigated also. 76S087 In Midlothian Magisterial District, Heritage Land Company requested rezoning from Agricultural (A) to P~sidential (R-9) of a 45.38 acre parcel fronting 2,598 feet on ~Dbious RDad and being located opposite intersections ~f Woodmont Drive, Greenfield Drive and Early Settlers B~ad with B3bious Road. Tax Map Sec. 17-2 (1) parcels 5 & 6 (Sheet 8). Mr. Tim Miller was present representing Heritage Land Cbmpany. Mrs. Girone inquired if there was a drainage prcblem involved. Mr. Balderson stated that it was but that the Planning Department would address this matter when the subdivision plat was submitted and that the parcels adjacent to this area would not receive the runoff. He stated that the western portion of this parcel would be curbed and guttered. 5here being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved as recon~Yended by the Planning Department. Ayes: 'Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S125 In Bermuda Magisterial District, North Etna Oil Company requested rezoning from Convenience Business (B-l) to Community Business (B-2) of a 1.8 acre parcel fronting 263.43 feet on West Hundred Road, also fronting 343.94 feet on Winfree Street, and located in the southeast quad- rant of the intersectic~ of these roads. Subdivision Chester, Blk. Q2, Lots 412, 413, 414, and 413B (Sheet 32). Mr. M3rris Mason, attorney for North Etna Oil Company, and Mr. John Taylor, one of the c~ners of North Etna Oil Company, were present. Mr. Mason stated that there are 68 successful stations of this type in virginia and North Carolina, that there would be only one attendant at this self-service station, that it is consistent with other uses of the land in this area, that traffic congestion could be eliminated, presented pictures of what the operation would consist of, stated that the intensity would be no greater than what is presently in the area, tha~ sidewalks would be constructed along Rt. 10 and Winfree Street, etc. Mr. Eddie Ryan spoke in favor of this rezoning because it would improve the area and that if some point in time, this land could be easily converted into something else without the destruction of buildings, etc. Mr. Gregery was present and stated that this was needed because it would reduce the cost of gas for people who could or would pump their ~ and it would improve the area. Mr. Gary Denton of the Virginia Gas Suppliers Association spoke in opposition because this type of q3eration would put the small dealers out of business which would in turn put men out of jobs, that it would be a poor use of the land, that it would create a high volume of people using this with minimal service for car repairs and minor problems, a safety hazard would exist, etc. Mr. Micas stated that the Board could net base a decision in a zoning case on alleged economic effects on similar businesses. Mrs. ~oger Bass of the Chester Intermediate School Faculty was present to oppose this case because of the safety of the 800 students in the in, mediate area, because the streets are not large enough to acconlrodate additional traffic, vending machines will attract children to the station, etc. Mr. Taylor of North Etna stated that the vending machines could be eliminated without any problenL Mrs. Dottie Armstrong was present and stated that there exists a drainage problem at this time and she opposed this rezoning because it could make the istuation worse and she would favor complete development of this parcel into a small shopping facility. Mr. John Baucum, Ms. Hatcher and A1 Ewing cited the safety of the children in the area, the traffic congestion, etc. as reasons for their opposition. Mr. Myers stated that this rezoning concerned him as to the safety of the residents of the area and that the traffic was unbearable now without such an operation being permitted. He added that a previous Beard could not decide on B-1 zoning at this intersection and that he could not approve B-2. It was on Mr. Myers' motion, seconded by Mrs. Girone, resolved that this rezoning be denied because the proposed rezoning would affect the safety and welfare of the people in the area. Mrs. Girone stated that she, too, felt that safety was a major factor because of the high volume of traffic this draw would be dangerous. A vote being taken: Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S215 In Dale Magisterial District, M~lvin F. Vancreasy requested a Conditional Use to permit %he operation of a Stock Farm (to keep homing pigeons) in a Residential (R-7) District on a parcel fronting approximately 150 feet on Meadowburm Drive, also fronting approximately 130 feet on Berrybrook Drive and better known as 6100 Mmadowburm Drive. Tax Map Section 52-16 (6) 1, M~adowdale, Sectic~ D, Blk. P, Lot 1 (Sheet 15). Mr. BalderSon stated that the applicant had requ-=sted a 30 day deferral of this case. It was on notion of Mr. Bookman, seconded by Mr. Myers, resolved that this case be deferred until January 26, 1977. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S177 In Clover Hill Magisterial District, Holiday Barn, Ltd. requested a Conditional Use to permit the operation of a Conr~rcial Dog Kennel in an Agricultural (A) District on a 10.35 acre parcel frc~ting approximately 105 feet on Hull Street Road, and being located approximately 900 feet southwest of its intersection with Pocoshock Blvd. Tax Map Sec. 39-8 (1) 10 (Sheet 14). · Mr. Scott Street, attorney for Holiday Barn, and Mr. Er~rson Hughes, owner of Holiday Barn, were present. Mr. Street stated that this would be a boarding hor~ mainly for small animals, the noise and odor problems have been eliminated, traffic would not be increased to a point where any problems would occur, the barn would be constructed so that it would be compatible with other uses of the land in the area, and because of the topography of the land it would not be feasible to develop land in the future. Mr. Hughes showed slides of a Holiday Barn in Henrico County, the conditions inside the kennels, the area outside the kennel itself, the construction, explained the operation, nu~oer of employees, etc. Mr. Ed Tinsley of Henrico County was present and stated that he lived approximately 1,200 feet from the Barn in Henrico and he has never had a complaint himself or from the neighbors. Mr. Wayne Batty, co-owner of Holiday Barn and a resident of Chesterfield, stated that Mr. Hughes is an entirely honest person and whenever there has ever been a hint of a complaint he has taken care of it before anyone ever said a thing to him about it. Mrs. Girone inquired if there was a complaint about the ventilaticn, what would be done? Mr. Batty stated that system would be evaluated and the problem would be corrected. Two residents of Chesterfield Co~ty who travel to this facility in Henrico County spoke in favor of th~s facility as pro- posed. Mr. and Mrs. Herbert Flynn were present and presented a petition from 45 residents in the area who were opposed and stated that a petition with 45 other names had been presented previously. 5hey cited traffic problems, odor and noise problems, and the pollution of Pocoshock Creek being their main concerns. Mr. Bob Bates was present and stated that his objections were that noise, odor, pollution and disease would be very bad for the in~ediate neighbors and he felt further that this was an experin~ntal thing and would devalue the property in the area. Mr. Harden Garrett, Mr. Howard Patterson, Mr. Edward Wilkinson, Mr. D~vid Freeman all cited that this facility would be too close to the property owners with homes in the area, that the odor and noise problem will cause a lot of trouble, and that there should be a more desirable location further out Rt. 360. Mrs. Girone stated that she did visit the Holiday Barn in Henrico and was very impressed with its operation but she still was concerned with the runs being enclosed and the ventilation with fans circulating odor into the air. Mr. Bookramn stated that he was sent by the people in the County to represent their best interests and that while he feels that Mr. Hughes is sincere and would trf to operate his facility as stated he has to think of the factors involved and moves denial of this application based on the best interest and welfare of the citizens in the community. Mr. Myers seconded the motion. A vote being taken: Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S208 In Midlothian Magisterial District, the Colebrook Company requested rezoning frcrn Agricultural (A) to Rosidential (R-7) of a 22 acze parcel fronting 778.12 feet along the north line of the SOuthern P~ilroad, and being located in the northwest quadrant of the intersection of Route 1003 and the Southern Pailroad. Tax Map Sec. 15-8 (1) 15 (Sheet 7). Mrs. Girone stated that she was concerned that perhaps the public was noq aware of this case coming before the Board. Mr. Woolfolk stated that he had written the adjacent property owners a letter because he felt if there were problems with it, he would like to try and work them out prior to coming before the Board. Mrs. Girone stated that she had brought it .up at her nonthly meeting and it was advertised, so perhaps there was no oppositions. She asked Mr. Wcolfolk if he would be willing to contribute to the cost of installing sone type of signal at the railroad tracks sinoe this would be adding 64 more families to the area. He stated that he did not feel this 64 families would make the situation much worse but stated that he would participate tc~ards this cost if this was needed. Mrs. Girone also stated that she was concerned also about the width of Salisbury .Drive but added that this subdivision would also permit a possible extension of Salisbury Drive. ~here being no opposition, it was on ~otion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request for rezc~ing be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S209 In Clover Hill Magisterial District, Robert L. Ayscue requested rezoning from Agricultural to Residential (R-9) of a 15 acre parcel fronting approximately 450 feet on Tomahawk Drive (u~improved portion), and being located 3,000 feet southeast of its intersection with Hull Street Road. Tax Map Sec. 62-11 (1) 5 (Sheet 20). (A) Mr. Jim Hayes was present representing the applicant. There being no opposition to this rezoning, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this request be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. BooPdmtn and Mr. Myers. 76S210 In Midlothian Magisterial District, W. S. Pind%beck requests rezoning from Agricultural (A) to Residential (R-40) of a 6.29 acre parcel lying off the south line of Salisbury, Section H-3, Block I, lots 20 and 21, and being located at the southern terminus of Purley Read. Tax Map Section 15-7 (2) 2 (Sheet 7). Mr. Jim Hayes was present representing the applicant. There being no opposition, it was on Kotion of Mrs. Girone, seconded by Mr. Myers, resolved that this request for rezoning be approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S211 In Bermuda Magisterial District, Mid-City Properties requested rezoning from Residential (R-15) to Corm~unity Business (B-2) of a 0. 136 acre parcel (triangular shaped) .lying off the south line of Obsorne B~ad and a point (northern point of triangle on Osborne Road) being located approxi- mately 450 feet west of the intersection of Osborne Road and Jefferson Davis Highway. Tax Map Sec. 93-18 (1) 8 (Sheet 32). Mr. R. L. Leonard was present and asked that this request be approved subject to only the first condition. Mr. W. ~bert Floyd representing Mr. Young of the North Chester Ho~ Owners Asso- ciation stated that they were not opposed to this but asked that no future cor~ercial rezoning of Osborne Road be authoriZed by the Chesterfield County Board of Supervisors. After further discussion of this matter, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request be approved subject to the first condition recommended by the Planning Depart- ment. 'Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman andMr. Myers. 76S212 In Bermuda Magisterial District, John H. Ingram and Wilbur R. Cross requested rezoning from Corm~mity Business (B-2) to General Business (B-3) of a 3.54 acre parcel fronting approximately 850 feet on Burge Avenue, and being located approximately 650 feet south of its intersection with Willis Road. Tax Map Sec. 82-5 (1) 6 (Sheet 23). Mr. Cross and Mr. Ingram were present to e~plain why they wanted this rezoning but did not want the buffer which would considerably decrease the land which Gould be used after the fire land was put in. Mr. Balderson stated the Planning Con~ission did send out 22 notices and no one appeared in opposition. A gentleman who lived On Lot 35 whose property would abut this paroel stated that he was a little concerned about it. After further discussion of the matter, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request be approved. Massrs Cross and Ingrain agreed to install a chain-link fence no less than 6 ft. high across the back property line of Lot 35. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. 76S214 In BerTm~da Magisterial District, John H. and Lillian J. Cribbs requested a conditional Use to permit the operation of a Dog Kennel (to keep 10 dogs) in a Residential (R-15) District on a parcel fronting approximately 140 feet on Surry Road and being located approximately 250 feet northwest of its intersection with Canterbury Road and Wilton Drive, and better known as 11424 Surry Road. Tax Map Sec. 98-9 (2) 7 Subdivisicn Fan court, Section 3, Blk. C, Lot 7 (Sheet 32). Mr. Robert Colmer was present and stated that the applicant had left earlier. Mr. Colmer presented the Beard with a petition signed by 45 people opposing this request because the sub- division regulations do not allow such an operation, because it would open the door to other such requests and that the area was too small for 10 animals. After consideration of this matter, it was on motion of Mr. Myers, seconded by Mrs. Girone, resolved that this request be denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on r~otion of Mr. O'Neill, seconded by Mr. Myers, resolved that the following resolution be approved: . Whereas, the ~Ilesterfield County Board of Supervisors has not taken a previous position on the proposes WXEX television transmission tc~er at Berrand FOad near Courthouse Road; and Whereas, the Board of Supervisors finds that the tower represents a potential safety hazard to pilots using the Chesterfield County Airport; and Whereas, the Federal Aviation Administration has been requested to give a "no hazard determination" for the tower by WXEX; Now, ~herefore, Be It ~esolved, that the fhesterfield County Board of Supervisors does hereby request' that the Federal Aviation Administration not grant a "no hazard determination" to WXEX to build a tower at Berrand Road near Courthouse Road;. and Be It Further ~esotved, that the Board of Supervisors offers the assistance of the County Administration to WXEX to find a locaticn for th_is tower which will be less hazardous to air safety. Ayes: Mr. O'Neill, Mrs. Girc~e, Mr. Bookman and Mr. Myers. Mr. Bookman inquired if there was a tin~ limit to apply or reapply for special exceptions or zoning. Mr. Ritz stated that the time limit only applied to zoning cases and not special exceptions. Mr. Micas stated that time limits were part of the enabling legislation which refers only to zoning cases. It was on mDtion of Mr. Myers, seconded by Mr. Bookman, resolved that this Board g~ into E~cutive Session to discuss personnel matters. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Beconvening in the Board Room: It was on ration of Mr. Myers, seconded by Mr. Bookman, resolved that building permits and sewer connections can be released for all the lots except those which cannot be feasibly pumped and hauled on the condition that the developer pay the cost of the punping and hauling in Bermuda Gardens. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this Board adjourned at 9:30 p.m. until 2:00 p.m. on January 10, 1977, to g~ into an E~ecutive Session to discuss the acquisition and use of real property .for public purposes. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Myers. Lee O. Falwell, Secretary E. Merli~ O'Neill, C~airman