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03-12-1969 MinutesPresent: Mr. Irvin G. Homer, Chairman Mr. H. O.Browning, Vice-Cbt. Mr. J.Ruffin Apperson Mr. F. F. Dietsch Mr. A. R. Martin Mr. C. J. Purdy VIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on Marchl2,ii 1969 at 9:00 A.M. Also present: Mr. Morris Mason, Asst. Coom. Attyo Mr. M. W o Burnett, Exec. Sec'y. Mr. John E. Longmire, Asst. Exec. Sec'y. Mr. Howard Ao Mayo, Jr. Co.Planner Mr. Robt. A. Painter~ Co. Engineer Mr. Martin gives the invocation. The Board of Supervisors of Chesterfield County this day approved all claims presented to the County for the. month of February, 1969 and authorizes %he Treasurer of the County to issue warrants as follows: General County Fund: Payrolls ~ ~eck No. Vouchers - Check No. 12149 - 12802 $299,756.09 County Library Fund: Vouchers - Check No. 12399 - 12807 Law Library:. Vouchers - Check No. 12403-12809 Road Fund: Vouchers - Check No. 12405-12810 14,165.99 116.50 550.88 County Garaqe Fund: Vouchers - ~eck No. 12407-12816 County Storeroom Fund: Vouchers - Check No. 12425-12818 Workmen's Compensation Vouchers-Check No. 12585-12821 Ettrick Opematinq Fund: Vouchers - Check No. 12434-12823 14~011.37 604.58 1,440.80 535.48 Payroll Deduction: Vouchers - Check No. 12437-12731 43,981.93 Water Refund Revenue: Vouchers - Check No. 12494-12648 205.45 Water Operating Fund: Vouchers - Check No. 12441-12876 23,513.73 Water Improgement: Vouchers - Check No. 12445-12873 39,750.76 County Water Construction: Vouchers - Check No. 12473-12873 3,777.14 Water Meter Deposit: V~uchers - Check No. 12480 - 12885 $ 690.00 Water Meter Installation: Vouchers - Check No. 12469 - 12873 16~830.32 Central ~ores: Vouchers - Check No. 12444 - 12875 38~366.21 Sewer Revenue Fund:~ Vouchers - Check No. 12643 - 12648 Sewer Operatinq: Vouchers - Check No. 12453 - 12876 20.53 5,530.39 160~800.00 27.83 19~562.95 208,027.22 90.76 Sewer Deb~ Fuhd: Vouchers - Check No. 12630-12829 Sewer Improvement~ Replacement & Extension ~nd: Vouchers - ~eck No. 12445 Sewer Service Installation: Vouchers - Check No. 12470 -12873 Sewer Bond Construction: Vouchers - Check No. 12446 - 12873 State Sales Tax Fund: Vouchers - Check No. 12495 Miscellaneous Collections Turned over t0 the Treasurer-February, 1969: 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69. 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 2/3/69 The C&P Tel. Company Cash Morton Marks & Sons Treas. Co. of Chesterfield Treas. Co. of Cheseerfield The Home Insurance Co. Mrs. Gene H. Knnop Treas. Co. of Chesterfield Treas. Co. of Chesterfield Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public ~lfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Haze~ ~m6miAlc Lib~ar~ Chester Library Bill E. Guest Cash Mrs. Pauline O. Johnson Elizabeth J. Potter Mrs. SylVia ~ Yarborough Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Board of Public Welfare Commission public tel. $7.79 Xerox copies 6.80 Overpayment of ~cct. 281.~09 Dept's. share -Retirement- Quarter ending 9/30/68 5393. 67 Group Li~e Ins. 955.56 Contribution for settlement of Beattie claim 100.00 of travel expenses 33.53 Refund Services from Co.Garage 3467~75 Office Supplies 304.39 Water, sewage, fuel, tel. elec.ajanitorial Service 595.70 Gas, oil & other 135.54 Employer's share-F.I.C.A. 496.80 Employer's share- F.I.C.A. 245.66 Employees' share-F. I.C.A. 251.14 Employees' share-State ~th- holding 131.52 Employees' share-State Taxes F~deral Taxes Fines - Fines - Pines- Library Bookmobile Fine s-L ibr ar y F ines-Library Pines-Library Employer's share-Hospitalization41.16 Employees' share- " 123.48 Employer's share-Ins. Employees' share-Ins. Employees' share - Insurance Employer's share-Retirement Employees' share-Retirement Employees' share-Retirement Employees' ~hare-Bonds Employees, share-Bonds 126.58 922.60 886.50 .52 83.15 3.12 4.00 1.46 25.92 33.60 31.20 246.31 231.88 220.25 52.28 71.78 Miscellaneous Claims Paid to the Treasurer's Office-Februar¥~ 1969 2/5/69 16-000-901.1 Foster & Miller St. Signs-Chester Sect."O" 2/6/69 11-000-802 Eugene P.Suttler County Code, Vol. II 2/6/69 11-85 Blue Cross of Va. 11-180-293.0 Refund 2/6/69 11-000-711.2 UoS.Marshal Care of Federal Prisoners 2/6/69 59-000-51.0 Mack T. ~niels Clerk,Circuit Court 2/6/69 59-000-52.0 Mack T. Daniels Stake Withholding Taxes 2/6/69 59-000-50.0 Mack T.Daniels Clerk,Circuit Court 2/6/69 59-000-54.0 Mack T. Daniels Insurance 2/6/69 59,000-53.0 Mack T.Daniels Retirement 2/11/69 11-000-620. Dept. of Welfare & Inst. Clerk Typist 2/11/69 2/11/69 2/11/69 2/11/69 2/11/69 2/11/69 2/11/69 2/12/69 2/12/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/14/69 2/18/69 2/18/69 2/18/69 2/18/69 2/18/69 2/18/69 2/18/69 2/19/69 2/19/69 2/19/69 2/19/69 2/19/69 2/19/69 2/20/69 2/20/69 2/20/69 2/20/69 2/20/69 2/20/69 2/25/69 2/25/69 2/25/69 2/25/69 2/25/69 2/25/69 11-000-616.0 11-000-617.0 11-000-615.0 11-000--616.0 11-000-617.0 11-000-615.0 11-000-615.0 11--000-615.0 11-000-616.0 11-000-616.0 11-000-620.7 16-000-901.1 59-000-50.1 59--000-54.1 59-000-55.1 59-000-53.1 18-000-804.8 11-000-503.2 11-000-703 59-000-55.0 59--000-55.0 59-000-55.0 59-OOO-55.0 59-000-55.0 59-000-55.0 59-000-55.0 59-OO0-55.0 59-000-55.0 11--000--910.0 11-000-617.0 17---00-809.0 18--000-804.8 17-000-809 17-000-809.0 18-000-804.8 17-000-809.0 17-000-809.0 18-000-804.8 11-000--808.0 11-000-703 11-000--703 11-000-703 11.000-7.03 11-000-703 11--000--703 11-000-703 16-000--901.1 13-000-402 13--000--402. 13-000--402 13-000-402 13--000-402 13-000-402 11-000-802 11-000-910.0 11-000-910.0 11-000-910.0 11-000--503.5 11-000-503.2 16-000-901.1 11-000-703 18-000--804.8 11-000-882.0 11-000--711.1 11-000-703.0 11-000--703 11-000--703 11-000-703 11-00Q-703 11-000-703 11-000-703 11-000-703 Dept. of Welfare & Insti. Probation Dept. Jack Null & Co. Inc. St. Signs Treas.Chesterfield Co. F.I.C.A. Treas.Chesterfield Co. Group Insurance Treas.Chesterfield Co. Blue Cross Treas. Chesterfield Co. Retirement Chesterfield E4nployees' Federal Credit Union (Mimeograph paper) The Macke Company Chas.A.Rowlett Richard M.Crump,Jr. Mozelle F.Nowell Ordway B. Gates Frank E. Landrum Edward L. Pack C.W. Smith H. H. Tinnell Jessie T.Warren Mrs. Mary V. Montgomery N.H. Graves Dep$. Welfare & Inst. Treas.Chesterfield Co. Treas.Chesterfield Co. Treas.Chesterfield Co. Ettrick San. Dist. Ettrick San. Dist. Treas.Chesterfield Co. Treas.Chesterfield Co. Treas.Chesterfield Co. Treas. Chesterfield Co. Chas. N. Schuman Richarm M.Allen VirginiaCollege Park L~A.McDonald W.R.Cross Taft S.Coley Robt. C. ~nton Henry P. Brown Chester Library Bookmobile Mrs. Morris F.Robertson Bookmobile Mrs. G.A.Orange Mrs. W.E.Kahl, III Churchill G. Dunn Green P. Carver Mrs. Eva Mae Latham Mrs. Geo. C. Farrar School Board The Macke Co. J.K.Timmons & Associates W~rwick Plaza Corp. School Board 'Bldg. Inspector County of Amelia F.W. Chapman, III Janice G. McDaniel John D.Jordan, Jr. Thomas J. Wright Ira S.Brooks Alpine Const~. Co. John J. Daffron~ Jr. Jenkins Realty Co. 10.00 7.28 15.00 686.20 94.58 227.04 29.40 256.96 276.74 26.50 9.93 1.44 26.50 9~93 1.44 1360.34 9.36 143.37 112.25 1086.00 24.00 2315.72 125.28 334.60 996.60 1.51 Rezoning Fee 20.00 " " 20.00 " ~' 20.00 " " 20.00 " " 20.00 " " 20.00 " " 20.00 St. Signs~Forestdale 192.00 Fines 40.00 Fines 35.00 Fines 2.38 Cash, Fines 11.00 Fines 5.00 Fines 1.40 County Code,Vol. II 10.00 Lunacy commission 25.00 Lunacy commission 25.00 Lunacy commission 25.00 Rent Office & Shop 7500.00 Commissions on vending machines 26.2g Street signs 80.00 Use Permit 20.00 Storeroom 34.81 Bldg. Code 9.26 Care of prisoners 201~25 Rezoning Fee 20.00 Use Permit 20.00 Zoning request Fee 20.00 Rezoning Fee 20.00 Rezoning Fee 20.00 Rezoning Fee 20.00 Rezoning Fee 20.00 Rezoning Fee 20.00 Commissions on vending machines 2.84 Variance 20.00 Hospitalization 8.16 " 4.14 " 8.28 " 8.28 " 10,88 " 12.30 " 21.84 " 11~94 " 4.14 Lunacy commission 25.00 Retirement 160,92 Services from Co. Garage 183.60 "from Storeroom 101.29 Gas from Garage 22.66 Services from Garage 15.20 Supplies from Store- room 3.58 Gas from Var. Depts. 1666.06 Set.from Garage 5572.04 Supp. from Storeroom 482.45 Cost of Data Pr°cessim~56.46o~ Miscellaneous Collections Turned over to the Treasurer - February~ 1969 2/25/69 1~I-000-703 Gray Constr. Co. Rezoning ~ee 2/25/69 11-000-703 Kent's Enterprises~ Inc. Rezoning Fee 2/25/69 11-000-703 Hubbard ~al Estate Rezoning Fee 2/25/69 11-000-703 Harold M.Taylor, Jr. Rezoning Fee 2/25/69 11-000-703 Hubbard Real Estate Rezoning Fee 2/28/69 11-000-703 mane G. Davis Rezoning Fee 2/28/68 13-000-402 Chester Library Fines 2/28/69 13-000-402 Maureen A. Jones Fines 2/28/69 13-000-402 Mary~L~¥ Goode Fines 2/28/69 ~ 13-000~402 Chester Bookmobile Fines 2/28/69 59-000-55.1 Trees.Chesterfield 2/28/69 59-000-50.1 2/28/69 59-000-55.1 59-000-50.1 59-000-53.1 59-000-54.1 .2/28/69 11-000-616.0 2/28/69 11-061-106.0 Treas. Chesterfield Trees. Chesterfield Va. Supplemental Retirement System Trees. Chesterfield 2/28/69 17-000-809.0 2/28/69 18-000-804.8' 2/28/68 17-000-809.0 2/28/69 17-000-809.0 Trees. Chesterfield Trees. Chesterfield Treas. Chesterfield School Board $20.00 20.00 20.00 20.00 40.00 20.00i 38.82 2.92 1.50 14.36 Transfer to Payroll Deduction PayrollDeduction Transfer from Gen.Fund to Payroll Deduction 1022.54~ 274.50! " '" 109.38 " " 14 Retirement System 1519.53 Reimburse Gen. Fund for salary paid Officer D. Watson 367.2~ Services from Co. ii Garage 1695.94! Office supplies 124.87 Gas from Ce.Garage 3. Set. from Ce.Garage 1564. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the minutes of February 26, be, and they hereby are approved with the following corrections: On Page 5 of the temporary minutes, change Mr. Dietrick to Mr. Dietsch and change two to one year. On Page 8 in the Street light resolution, change Brown and Buford to Brown and Jahnke Roads. On motion of Mr. Apperson, seconded by Mr. Martin, it is resolved that the follow- ing water contracts, be and they hereby are approved: AC-485D Portion of Falling Creek Farms $4,000.00 AC-460B Windsor Forest, Section "B" 12,705.50 On motion of Mr. ~o~dYa,w ]dTdnebeYx~%~s~oPPn %~ ~e of Mrs. McKibbon %%%~n e o it is resolved that the request · ' intersection of Melba Street andli Elokomin Avenue be referred to the Engineering Department for proper action. The County Engineer gave a report on the extensions of water mains on Parkway Lane and Boroughbridge Road and the connections to same. On motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that the following sewer contracts be and the same are hereby approved: S69-14D S69-12D S69-17D S69-15CD Windsor Forest, Section "B" Briarwood Swim and Racquet Club Greenfield, Section ':'G" and portion of Sect. "A" Oakhurst Manor Apartments, Phase V. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that contract S69-7CD for the installation of trunk sewer on Pocoshock Creek be awarded to G. L. Howard, Inc. who submitted the low bid of $98,491.50. On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that contract 6511-20B for the installation of a trunk sewer on Falling Creek to Turner Road be awarded to the English Construction Company in the amount of 8446,648.00 subject the approval of the Federal Water Pollution Control Administration. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that contracts S69-8CD and S69-10CD be rejected at this time. The County Engineer pointed out that contract 6511-3A and 6511-7 for the installa- tion of certain sewer mains in Matoaca District had been bid but the bid price ex- ceeded the estimates to a large degree. After much consideration of this matter, i~i on motion of Mr. Purdy, seconded by Mr. Dietsch, resolved that this Board reject~ the bids of 6511-3A and 6511~7. Upon further consideration and on motion of Mr. Browning, seconded by Mr. Purdy, is resolved that the Engineering Department with consultants redesign the River Roa. sewer system and take bids in order to get the best financial results. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that Bernard S. and D'Arcy H.~Holt be condemned for an easement for Project 6511-63 if the offer of $150.00 is not accepted and that Robert C. and Ann McP Lyne be condemned for an easement on Project 6511-63 if an offer of $50.00 is not accepted. On motion of Mr. Apperson, seconded by Mr. Martin, it is resolved that permits be awarded to the following companies for underground utilities: Richmond - Gas main installation in Meadowdale, Sect. "D" C & P Telephone Company - buried cable in Courthouse grounds C & P Telephone Company - buried cable in Route 711 On motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that the Virgini Department of Highways be and it hereby is requested to take into the Secondary System of roads for the maintenance of driveways at the following schools: Reams Road Elementary School Ettrick Elementary School Providence Junior High School J. L. Francis Elementary School On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that the followin¢ Ordinance be and it hereby is adopted: An Ordinance to vacate a drainage and utility easement in Dorset Place, Chesterfield County, Virginia, said easement being approximately 224 feet.in length and approximately 8 feet in width, and lying between Lot 4, Block A, Section II of Dorset Place and Ebbw Wale Hills. WHEREAS, the Board of Supervisors of Chesterfield County on its own motion after considering the Petition of Stephen T. Turner and Karen M, Turner, ~his wife, desires to vacate a drainage and utilities ease- ment in Dorset Place, Chesterfield County, Virginia, said easement being approximately 224 feet in length and approximately 8 feet in width, lying between Lot 4, Block A, Section II of Dorset Place and Ebbw Vale Hills. Now, Therefore, Be it Ordained by the Board of Supervisors of the County of Chesterfield: 1. That pursuant to Section 15.1-364, Code of Virginia, said easement being approximately 224 feet in length and approxi- mately 8 feet in width, lying between Lot 4, Block A, Section II, Dorset Place and Ebbw Vale Hills, is hereby vacated, reference being made to the Plat attached hereto and made a portion hereof for a more definite description. This ordinance shall be in full force and effect in accordance with Section 15.1-364, Code of Virginia, 1950, as amended, and a copy hereof shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County. Dr. Wm. B. Massey comes before the Board requesting a Variance to build two addi- tional houses on his tract of land north of Cherokee Road on Map 4-6 and 4-7 and explains that these houses would be for his children and that there would be no obligation of the County to ever improve the road. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Apperson, it is resolved that a Variance from the Subdivision Ordinance be granted to Dr. Massey to build two homes on the ~Dredescribed property. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this Board grants a Variance from the Subdivision Ordinance to allow H. D. Carter to build a house somewhat to the rear on property owned by Ethel Mae Woodcock, on Parcel No. 30, Tax Map 64. motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the followin~ game claims be and they hereby are approved for payment: Harry E. Shellings 9345 Salem Church Road 2 chickens - 1 yr. old 2 ducks - 1 yr. $10.00 6.00 Louis A. Farmer Rt. 2, Box 171 Chesterfield, Va. 1 Feeder Calf 2 Black Angus calves 85.00 60.00 H. E. Britton 2 White New Zealand rabbits 5.00 2900 Hopkins Road Richmond, Va. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that the following erroneous tax claims be approved for payment: Shirley A. Kammerer 3032 Cottingham Rd. Richmond, Va. 23225 Personal Property Taxes for 1968 $76.84 Francis G. Sloan Rt. 2 Chester, Va. Personal Property Taxes for 1968 45.56 An Ordinance for the Licensing of the Sale of Mixed Alcoholic Beverages having been advertised according to law, is briefly discussed and there appears no one to oppos .the passing of this Ordinance. upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the following ordinance be and it hereby is adopted: AN ORDINANCE to amend and reordain Chapter 5 of the Code of the County of Chesterf~i~ld, Virginia, by adding thereto a new article numbered V.1, containing new sections numbered 5-64.1, 5-64.2, 5-64.3 & 5-64.4, relating to license taxes for the sale of mixed alcoholic beverages. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COtINTY OF CHESTERFIELD, VIRGINIA: 1. That Chapter 5 of the Code of the County of Chesterfield, Virginia, be amended and reordained by adding thereto a new article numbered 5-64.1,!i 5-64.2, 5-64.3 and 5-64.4, as follows: ARTICLE V.1 MIXED ALCOHOLIC BEVERAGES Section 5-64.1 Definition. The terms d e fi I led in 5~55 of this Code shall have the same meaning when used in this article and the term "mixed alcoholic beverages" shall mean a drink composed in whole or in part of alcoholic beverages having an alcoholic content of more than 14 per centUm by volume and served to an individual in a quantity less than the quantity contained in a closed package for consumption on premises licensed under this chapter. Section 5-64.2. Restaurant, Amount of license tax. (a) Every person engaged' in the business of operating restaurants, including restaurants located on the premises and operated by hotels or motels, and serving mixed alcoholic beverages and licensed under Chapter 98.18 of Title 4 of the Code of Virginia, shall pay an annual license tax as follows: (1) Two hundred dollars for each restaurant with a seating capacity at tables for fifty to one hundred persons, and (2) Three Hundred Fifty Dollars for each restaurant with a seating capacity for more than one hundred but not more than one hundred fifty persons, and (3) Five Hundred Dollars for each restaurant with a seating capacity at tables for more than one hundred fifty persons. (b) A private, non-profit club operating a restaurant located on the premises of such club and serving mixed alcoholic beverages shall pay an annual license tax of three hundred fifty dollars per annum. Section 5-64.3 Same -- Sales included in base for computation of retail merchant's license taxes which shall be in addition to that issued under the preceding section. In imposing retail merchant's license taxes measured by sales and restaurant licens taxes measured by sales under any other section of this chapter, there shall be in- cluded mixed alcoholic beverages in the base for measuring such license taxes the same as if the mixed alcoholic beverages were non-alcoholic~ and no alcoholic beve- rage license levied under this section shall be construed as exempting any license from any retail merchant's or restaurant license tax and such retail merchant's and restaurant license taxes shall be in addition to the mixed alcoholic beverage li- cense taxes levied hereunder, nor shall the license referred to in this article be construed as exempting any license tax required under Article V, Section 5-~9 of this Code. Section 5-64.4 Same -- Proration of Tax -- transfer -- Separate License. The tax on each such license specified in 5-64.2 shall be subject to pro- ration to the following extent. If the license is issued in the second quarter of any year, the tax shall be decreased by one fourth[ if issued in the third quarter of any year, the tax shall be decreased by one-half~ and if issued in the fourth quarter of any year, the tax shall be decreas- ed by three-fourths. Each license issued under this article shall designate the Place where the business of the licenses will be carried on. A separate license shall be required for each separate place of business. No such license shall be transferable from one person to another but may be amended to show a chang~ in the place of business from one point in the County to another point in the County where the privileges of such license may be lawfully exercised.ii 5-64.5 Effective Date: For the calendar year 1969 this Ordinance shall become effective on and after April 1, 1969 and shall be pro-rated as pro-ii vided under Section 5-64.4. Beginning with 1970, all provisions of this Ordinance shall be effective on January 1 of each and every year thereafter. It is here noted that Mr Browning abstains from voting On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that this Board study the Swift Creek Mills tax request for possible amendments to take care of this special situation. It is here noted that Mr. Browning and Mr. Martin abstain from voting. the Board to review the School Budget and offers Mr. Robert Van Vleck comes before certain suggestions from the County Council of P.T.A., a copy of which suggestions are filed with the papers of this Board. On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that the request of Doris M. Hooper for certain zonings on Warwick Road, Manchester District, be post- poned for One Hundred and Twenty Days (120). 68-80CS On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that the request of the A. S. Gresham Estate for certain zonings on a tract of land at the intersec- tion of Chippenham Parkway and Rt. 60 in Manchester District, be postponed for ninety (90) days. 69-2CS i The request of Virginia Pearce Bell for the rezoning from Residential-2 to Local Business in Bermuda Magisterial District of a parcel of land of irregular shape · · s . on the south line of Rt. 10, 400 feet,more or less[ fronting 300 .feet, m.o..re_or le s, _ less. on the north line of!! on the west line of Wln~ree Street and 330 feet, mo.r.e or ~ :- ~ k meade Street being situated on the eastern portion os sal~ o~oc . _Dod~o ..... =' ~ ,o% B~k n2 lots 412 413, 414 and 413B, which was heard b.y theI!t Board of Supervisors on February 12, 1969 and the vote on which resu±ne~ in a ~e 'vote. - Whereupon, the regular tie breaker in the County disqualified himself because of a conflict of interest, the Circuit Court appointed Mr. Waverly Nunnally as a Tie- Breaker for this case. Mr. l~unnally now calls for arguments' both pro and con on this case. Mr. Leslie Saunders, Attorney, representing the applicant,presents Mr. J. Louis L'ongest, who displayed a plat to the Tie-Breaker and explains that he arranged the sale and contacted most of the adjacent property owners and all approved with the exception of Mr. and Mrs. Truman; that there was a way to help the traffic situatio~ by running a road from Thomas Dale High School to Centralia Road across the land presently owned by the School Board. Mr. Saunders states that the Colonial Stores wishes to locate on this particular site because there are approximately 1000 cars per hour in front of this location, that the petition against are not qualified as to location and at least one of the signatures is not the signature of the person represented and .presents some eight principles on which a zoning should be predicated. He fur.ther cites zoning experi- ence in the County of Fairfax, the City of Richmond, Loundon County and Henrico County, and states that the property is appraised at $60,000 as a commercial site for business and $17,500 for multi-family use. Mr. J. G. Truman, a resident of Chester, states that he has been asked to represent the area residents and cites the stu. dies requested by the Board of Supervisors and the studies of the Richmond Regional Planning Commission; he cites the rezoning law presented by Mr. Purdy at the last meeting of th~ Board of Supervisors and states that the. County has just appropriated the sum of $2,000 to hire a summer intern to study the zoning in Chester. He states further that Chester is a suburban communit and should remain so. Mr. A. L. Ewing states that he has been in Chester some 29 years and is opposed to this rezoning, citing the traffic and the schoolchildren on Rt. 10~ no business should be beyond Winfree Street eastwardly. This would lead to a further encroachment of business. Mrs. Betty Shoosmith states that she saw a child killed on the bridge, less than a block from~his location and that chain stores attract great traffic. She states further that Chester i.s a .village and should remain the same. Mrs. Lofton Alley, President of the Curtis P.T.A., cites that safety is the greates aim in school location consideration, that some 200 children walk or ride bicycles by this site and some 31 school buses pass by this location. She states that Schoo Officials are in agreementthat the area should not be commercialized that you canno control bad planning. Mrs. L. E. Armstrong speaks against the rezoning. Mr. Custis Cline states that there are certain irregularities in the traffic count in front of this location and speaks for the rezoning. Mr. John Gay speaks in favor of the zoning. Mr. Aubrey Lindsey, representing his mother, Mrs. Marie Lindsey, speaks for the rezoning and states that tr'affic can be corrected by proper planning, Mr. Saunders in rebuttal states that the objections of the citizens should be pre- sented to the Highway Department for correction, that we cannot stop increasing traffic unless we stop building. The traffic is not a valid argument against commercialization. Whereupon the Tie-Breaker requests comments from the Board of Supervisors. Mr. Purdy states that the citizens of Chester do not want to keep the Colonial StOr.~ out of Chester but that they want it in a different location, that due to orderly development this zoning should be turned down. Mr. Apperson states that there is some disagreement over the planning, that the Planning Intern may suggest new areas in Chester, that this is spot coting versus strip zoning which may be in controversey, that traffic problems cannot be consider~ ed in zoning matters and it seems that this case boils down to personal objections of some people, and speaks in favor of the motion. Mr. Dietsch states that zoning is somewhat cancerous and does not want this busines~ to grow eastwardly. Mr. Browning speaks for the zoning. Whereupon, Mr. Nunnally states that he has viewed the site and thinks that the zon-~ lng should be granted and ~votes for same. Whereupon, the Commonwealth's Attorney rules that the aforedescribed parcel of landli be and it hereby is rezoned for Local Business C-1. 69-3CS Mr. E. W. Wade, III, comes before the Board requesting the rezoning from Agricultur~ al to General Business (C-2)of a parcel of land of irregular shape containing 1.111ii acres fronting 227.04 feet on Robious Road and 142.68 feet on Midlothian Turnpike (Rte.60) being 600 feet, more or less,west of the intersection of R0bious Road and Midlothian Turnpike, in Midlothian Magisterial District. Refer to Sec. 17-12 (1) Par. 1 and explains to the Board that the U-Totem Store will be placed close to Humble Oil Company next door. Mr. Edward Poole states that this is a quiet neighborhood and the people in the are, do not want business. Mrs Rosa Brown states that the whole Robious Road is residential and wants it to stay that way. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Browning, it is resolved that this request be denied. 69-9CS Mr. Ernest L Belvin, represented by Mr. James Hubbard, comes before the Board re- questing the rezoning from Agricultural to General Business (C-2) of a parcel of land containing 1.70 acres of irregular shape fronting 171.88 feet, on Robious Road (Rte.675) and extending southwardly to a depth of 488.29 feet, being 420 feet, more. or.less, west of the intersection of Robious Road and Bon Air Road, in Midlothian Magisterial District. Refer to Sec. 17-7 & 17-11 (1) parcel 20. Mr. Hubbard states that he will accept the recommendation of the Planning Commissio and that 150 feet will be reserved along Robious Road for a buffer strip and in addition an 18' widening strip will be granted to the County for future improvement of this road. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Dietsch,it is resolved that the aforedescribed parcel of land be and it hereby is rezoned tO General Business (C-2) with the following stipulations: Frontage along Robious Road for depth of 150 feet remain Agricultural and frontage on Rte. 60 northwardly to Agricultural buffer be approved for C-2 zoning. Plus an 18' widening strip for Robious Road~ further, no ingress or egress from Robious Road be allowed to commercial property~ all site layout, landscaping and plans to be approved by the Planning Director. Mr. Philip Couch, Jr., comes before the Board requesting the rezoning from Agricul-i rural (A) to Commercial (C-2) of a parce~ of land of rectangular shape, containing 2 acres, fronting 417.42 feet on North Arch Road (Rte.672) extending northwestwardl~ to a depth of 208.71 ft., being 180 feet, more or less, southwest of the intersec- tion Of North Arch Road and Route 60 in Midlothian Magisterial District. Refer to Sec. 18-13 (1) par. 7, and states he will give a 20-ft. widening strip along North Arch Road extending the length of his property. Mr. Henshaw comes before the Board objecting to the rezoning, stating that he will build approximately 100 homes costing $30,000 or more each and suggest the request be reduced to C-l-Local Business. Mr. Couch refuses to reduce his request even at the request of the Board. Upon consideration whereof and on motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that the zoning request be and it hereby is denied. It is here noted that Mr. Browning abstains from voting. 69-17cs Mr. Tom Winston and Mr. John Daffron, representing the S.T.N. Investments and M.G. Investments, Inc. come before the Board requesting the rezoning from Agricultural (A) to Commercial (C-2) of a parcel of land of irregular shape fronting 750 feet on Rte. 147 and extending southwestwardly 850 feet,more or less, being 1000 feet, morei. or less, southwest of the intersection of Route 147 and Robious Road (Rte.711) in Midlothian Magisterial District. Refer to Sec. 8-16 (2) lots 3, 4 & 5. Mr. Daffon states that there is no proposed use of the land, that it should be zone~ business, apartments are constructed to the west, Briarwood to the northwest, the land to the north and northeast is zoned business, that there has been no oppositio~ from the area against this zoning indicating the feeling, in the area. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Dletsch,ltil is resolved that the aforedescribed parcel of land be and it hereby is rezoned to Local Business (C-l), subject to site plans, layout and landscap'ing being approved by the Planning Director. 69-18CS Mr. Garland Dodd comes before the Board requesting the rezoning from Agricultural to Commercial (C-2) of a parcel of land containing 4.13 acres fronting '130.67 feet on Jefferson Davis Highway, (Rte.1 & 301) extending westwardly 1359.08 feet, having the first 300 feet presently zoned Commercial (C-2), being 1320 feet,more or less, south of Route 10 and Jefferson Davis Highway (Rte. ~1 & 301) in Bermuda Magisteria District. Refer to Sec. 116-10 (1) remainder of Parcel 1. There appearing no one in opposition to this request, it is on motion of Mr. Purdy, seconded by Mr. Apperson, resolved that the aforede~Cribed parcel be and it hereby is rezoned to C-2, subject to site plans, layout and landscaping being approved by the Planning Director. 69-19CS The request of Mr. Hugh C. Hawthorne for rezoning on Rt. 360 has been advertised and there appears no one for or against this request. Upon consideration whereof, and on motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that this matter be delayed for thirty days. 69-11U Mrs. Ina S. Brooks comes before the Board requesting a Use Permit to operate a Beauty Shop in her home located on a parcel of land of irregular shape fronting 164.45 feet, more or less, on Angus Road extending southeastwardly to a depth of 336 feet, more or less, being 575 feet, more or less, northeast of the lntersectlonll of Angus Road and Walmsley Boulevard, and better known as 4401 Angus Road in Man- chester Magisterial District. Refer to Sec. 42-5 (1) par. 16-1~ and states that she has plenty of parking space and would have only one operator. Upon considera- tion whereof, and on motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that this Board grant a Use Permit for the operation of a Beauty Shop on the afore-i~ described parcel of land to Mrs. Brooks only providing there be no signs or altera-i~i tions to the existing building. 69-12U Mrs. Janice G. McDaniel comes before the Board requesting a Use Permit to operate a Beauty Shop in her home located on a parcel of land of rectangular shape fronting 137 feet on Courthouse RDad (Rte.653) extending eastwardly to a depth of 170 feet, being 1000 feet, more or less, south of the intersection of Providence Road and Courthouse Road in Manchester Magisterial District. Refer to Sec. 38-11 (1) par.ll. There appearing no one in opposition to this request, it is on motion of Mr. Dietsc seconded by Mr. Martin, resolved that a Use Permit to operate a Beauty Shop on the aforedescrih~d parcel of land be and it hereby is granted to Mrs. McDaniel only,pro viding there be no signs or alterations to the existing buildings and subject to a review by th~ Board of Supervisors at any time. 69-13U Mr. George W. Gray, represented by Mr. William Zickafoose, comes before the 'Board requesting a Use Permit to construct a retail dry cleaning store on a parcel of land containing 4.308 acres fronting 377.66 feet on Forest Hill Avenue and 355.80 feet on Buford Road, extending westwardly to a depth of 398.84 feet, being located on the southwest corner of the intersection of Buford Road and Forest Hill Avenue, in Midlothian Magisterial District. Refer to Sec. 10-6 (2) Blk. 63 Lot 29, and ex- plains that due to a technicality in the Zoning Ordinance the request is necessary.!. Mr. Don Hodgins raises the question of why a Use Permit is necessary, which is explained. Upon consideration whereof and on motion of Mr. Martin, seconded by Mr. Browning, is resolved that this Board approves the request for a dry cleaning establishment on the aforedescribed parcel of land. 69-14U ' Mr. F. W. Chapman, III, comes before the Board requesting a Use Permit to operate an employment service in his home located on a parcel of land of irregular shape fronting 600 feet, more or less, on Mohawk Drive, extending westwardly to a depth of 215 feet, more or less, being located on the northeast corner of Mohawk Drive and Choctaw Road and better known at 2724 Mohawk Drive in Midlothian Magisterial District. Refer to Sec. 10-2 & 3 (4) Blk. 6. He states that this is for temporary labor only, that he will contact students on College campuses for temporary work, involves no signs, or construction and will be only telephone and mail service. Mr. Haurand Speaks against having business in the area. Mr. Don Hodgins speaks against having business in the area. Mr. Spooner Hull states that there is a covenant in the deed to have no business use in this subdivision. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Dietsch,it is resolved that this Board grant a Use Permit for one year only to operate an em- ployment service in the home of Mr. Chapman on Mohawk Drive, provided there be no signs and no advertising. 69-15U Mr. Marvin L. Jenkins comes before the Board requesting a Use Permit to operate a real estate brokerage in his home located on a parc.el of land of irregular shape fronting 108 feet,more or less, on Hickory Road and-193 feet, more or less on Chero kee Road, extending northwardly 100 feet, more or less, being located on the north- east corner of the intersection of Cherokee Road and Hickory Road and better known as4205 Hickory Road in Midlothian Magisterial District. Refer to Sec. 4-7 (1) par. 49 and states that this is a temporary use for three to six months, that no one wil be hurt due to this business. ~ Mr. David M. White, who owns the property across the street,speaks in opposition i~ stating that there are no businesses in the area and should not be even for a short time. ~: Ur. Martin states that most Realtors he knows of have offices. ~ Upon consideration whereof, and on motion of Hr. Martin, seconded by Mr. Dietsch,iti is resolved that this request be and it her~eby is denied. 69-16U ~ Mr. Thomas J. Wright comes before the Board requesting a Use Permit to do photo- i! graphic work in his home located on a parcel of land of irregular shape containing ii 1.47 acres, fronting 100.00 feet on Wagstaff Circle extending southeastwardly to a i~ North Wagstaff Circle and Adkins Road and better known as North Wags~ Circl in Midlothian Magisterial District. Refer to Sec. 38-4 and 8 (2) lot 56. Mr. Sam Wagstaff speaks in favor of the request. Whereupon, on motion of Mr. Marti seconded by Mr. Browning, it is resolved that a Use Permit to do photographic work in his home on Wagstaff Circle, be, and it hereby is granted to Mr. Wright only, providing there be no signs, no alterations to the existing building and subject to the review of the Board of Supervisors at any time. '69-t7U Mr. Joe Patterson comes before the Board, representing the Warwick Plaza Corpora- tion requesting a Use Permit to construct a dry cleaning establishment located on parcel of land of irregular shape fronting 390 feet, more or less, on ~ull Street Road. (Rte.360) 'extending northwardly to a depth of 530 feet, more or less, being Hull 290 feet, more or less, southwest of the intersection of Warwick Road and Street Road (Rte.360) and better known as Warwick Plaza Shopping Center in Manches- terMagisterial District. Refer to Sec. 30-2 (1) par. 11 & 11-1. Mrs. Eloise Carter who owns the property facing the site in question on which is a cleaning shop run by Mr. Oscar Johnson opposes. Mrs. Johnson states that the plant has been there for twelve years and there is no need for two cleaners following each other. Upon consideration whereof, and on motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that a Use Permit be granted the Warwick Plaza Corporation to con- struct a dry cleaning establishment on the aforedescribed parcel of land. It is here noted that Mr. Martin votes No. On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that at the re- quest of the School Board, the Treasurer is requested to transfer the sum of $80,097..79 from the General Fund to the School Bond Money Account - 47-500-601.1 which sum represents the Title III MDEA Fund paid into the County Treasury as reim- bursement for monies spent by the School Board in this project. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this Boar~ at the request of Mr. J. T. Rose, the County's real estate Assessor, petitioned the State Corporation Commission to re-assess the property of the Public Service Corpo- rations in the County or'Chesterfield. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the Clerk of Circuit Court be authorized to spend the sum of $3204.50 for re-binding and repair- ing old Deed Books, and the Treasurer of the County is requested to transfer the sum of $3204.50 from the unaPpropriated surplus to 11-040-204. Mr. Harold Matthews comes before the Board explaining the final phase of the Soil Study made in the County over the course of the past few years and states that $17,500 is needed to cover the expenditures of completing the mapping and other phases of this work. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Browninc it is resolved that the sum of $17,500 be appropriated to 11-180-199.4. And be it further resolved, that the Treasurer of the County is requested to make said transfer. On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that the follow- ing appropriations be and the same hereby are made for the months of April, May and June, 1969 (Fourth Quarter) in the amount of $6,259,103.00 from the funds and for the functions or purposes indicated. 11-0t0 19,801 11-113 0 014 7,713 120 9,708 015 24,928 130 4,000 016 4,000 140 35,000 021 20,346 150 1,000 022 16,177 180 24,700 023 4,234 500 85,000 031 0 13-155 50,000 032 0 14-157 500 033 0 15-161 40,000 040 4,500 16-162 2,000 051 3,220 17-210 23,304 052 1,000 21-080 550 053 3,000 081 32,264 054 11,740 083 112,901 061 135,600 084 0 062 5,700 31-201 14,500 063 6,000 41-411 59,088 071 40,844 421 2,643,991 072 5,000 423 46,556 085 6,000 425 0 086 0 430 0 088 1,000 432 9,755 091 300 434 68,196 092 46,000 451 138,520 093 2,000 452 212,000 101 5,400 471 244,000 102 12,800 472 106,000 103 15,160 490 43,800 104 5,000 500 '0 105 200 600 1,443,952 111 1,600 44-500 0 112 2,200 47-500 0 61-210 100,000 62-5Q0 155,199 63-230 0 64-240 0 66-260 83,250 67-700 0 Sewer 71-3i0 57,106 72-320 0 73-330 0 74-340 0 76-360 0 77-370 0 TOTAL $ 6,259,103 On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the Treas~ rer of the County be and he hereby is requested to transfer the sum of $10,000 from travel in the Fire Prevention Budget-220 to Repairs -215 and in the County Planner budget the sum of $300.00 from Postage - 218 to Office Supplies -319. In the main- tenance of Buildings and Grounds $300.00 from electric current -207 to travel -220' the sum of $200 from the unappropriated surplus of the General Fund to Central Accounting-Office Supplies-016-319 and from the unappropriated surplus $1200 to 120-220. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the follo~ ing street lights be approved for installation: 1. Tilford Road and Boroughbridge Road (Manchester Dist.) 2. Ellsworth Road and Greenleaf Lane (Midlothian Dist.) 3. Holtister Street and McGuire Drive (Manchester Dist.) 4. Southwest corner of Dale Fire Department (Dale Dist.) 5. Ralph Road and Woodpecker Road (Matoaca Dist.) On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that the follow- ing Ordinance be introduced and advertised for hearing on April 10, 1969: AN ORDINANCE to amend Chapter 2, Article 3, by adding thereto Section 2-5.2 to prohibit vicious or destructive dogs from running at large and Section 2-5.3 to provide a penalty for violation thereof. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 2, Article 3, of the Code of the County of Chesterfield be and it is hereby amended and reordained b y adding thereto the sections following: SECTION 2-5.2 VICIOUS OR DESTRUCTIVE DOGS PROHIBITED FROM RUNNING AT LARGE. Is shall be unlawful to t~ermit any vicious or destructive dog from running at large within the boundaries of %he County, and any person owning, having control of or harboring any such dog shall be, and they are hereby required to keep the same confined within their premises. SECTION 2-5.3 VIOLATION OF SECTION 2-5.2A MISDEMEANOR Any person found violating Section 2-5.2 shall be guilty of a misdemeanor and punished by a fine not exceeding three hundred dollars ($300.00) or by impri- sonment in'the County Jail not exceeding thirty days or both such fine and impriso~ ment. Each such violation shall constitute a separate offense. This ordinance shall be in full force and effect from and after its passage as provided by law. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that a Variance from the subdivision ordinance be granted to Mr. Ray Tucker to build a home on acres on a dirt road extending from Parker Lane, Parcel 5 on Tax Map 116-13. On motion of Mr. Martin, seconded by Mr. Apperson, it is' otl~dlotch~tt grant a Variance from the Building Code to Mr. Lu Martin ~oe~ iot~ni~fBa°a~rde constructed building on Parcel 11 Tax Map 27-12. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Board re-affirms its action taken some years ago concerning Womack Road from D~Lavial to Ecoff Street in the Village of Chester and to take such steps as are necessary to get the right of way for this road. On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that the Planning Director and the Commonwealth,s Attorney meet with the Executive Secretary to detez mine the cost of zoning advertisement and the cost of office labor to process zon- ing advertising along with the cost of block advertising of said zoning and a sug- gested price for zoning requests. On motion of Mr. Martin, seconded by Mr. Apperson, it is resolved that this Board indicates its willingness to pay one-half the cost of hard-surfacing .55 of a mile of Rt. 1003 in the Village of Midlothian, provided the State pays the remaining On mQtion of Mr. Martin, seconded by Mr. Purdy, it is resolved that this Board re- quests the Highway Department to improve .2 of a mile on the extension of Rt. 802 to a sufficient standard to bring same into the State Secondary System of roads at a cost not to exceed $2035.00. This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Botone Avenue, in Rayon Park Subdivi sion, Bermuda Magisterial District, which shows that in the opinion of the County Road Engineer it is expedient that said road be established as a public road. UPon consideration whereof, and on motion of Mr. Purdy, it is resolved that Botone Avenue, in Rayon Park Subdivision, Bermuda District, be and it hereby is establish- ed as a public road. And be it further resolvkd, that the Virginia Department of Highways be and it here~ by is requested to take into the Secondary Road System, Botone Avenue from its inte~- section with Rt. 1448 northeastwardly .06 mi. to. Telbury Street. This road serves 4 houses. And be it further resolved, that the Board of Supervisor~Uarantees to the Virginia Department of Highways, a 51.28-ft. right of way for this road. Plat recorded in Plat Book 4, pages 150-151 on September 7, 1928. On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that this Board requests the Highway Department to give a progress report on the improvement of Payne Street and of East River Road between Chesterfield Avenue and Fourth Avenue in the Village of Ettrick. on motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that this Board adjourns at 7:45 P.M. to 2:00 P.M. on March 26, 1969. Executive Secretary