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05-24-1972 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on May 24, 1972 at 1:00 P.M. Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Also Present: Mr. Oliver D. Rudy, Comm. Atty. Mr. M. W. Burnett, Exec. Sec'y. Mr. John E. Longmire, Asst. Exec. Sec'y. Mr. Robt. A. Painter, Co. Eng. Mr. David Welchons, Asst. Co. Eng. Mr. Wm. Prosise, Asst. Co. Eng. Mr. Michael Ritz, County Planner On motion of Mr. Myerst seconded by Mr. Apperson, it is resolved that this Board go into Executive Session. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes of May 10 and May 18, 1972, as amended, be and they hereby are approved. Mr. Andrew Nea, Jr. comes before the Board on'Zoning Case 72-55 which was deferred from May 10, 1972 and cites a letter of agreement to Mr. Ritz on behalf of Mr. Chandler, listing various limitations agreeable to the applicant on the zoning ~f the subject property to General Business. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the property described as a parcel of land containing 11.04 acre% fronting 485.65 feet on the Midlothian Turnpike (Rt. 60) extending northeastwardly to a depth of 897.43 feet and being located approximately 400 feet, southeast of the intersection of Midlothian Turnpike and Robious Road (Rt. 675) and better known as 9900 Midlothian Turnpike in Midlothian Magisterial District be and it hereby is rezoned to General Business (C-2) provided the Common- wealth's Attorney finds some way to record the agreed restrictions. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Robert Beck, President of the Chesterfield Civic Association, comes before the Board speaking for a group of approximately 75 people who appear in protest in the granting of a Use Permit for apartments on Route 10 in the vicinity of Rock Springs Farm and cites his opinion on the lack of sewers, water facilities, schools and roads in the area and requested the Board to deny the building permit for Mr. Carnes' apartments, that no sewer bonds be approved without a vote of" the people, that the County should retain the $600.00 hook-up fee, and the County Board of Supervisors should meet at night. Mrs. F. M. Morse states that the Board has let the people down and wants local government to be more responsive to the citizens of this area. Mr. Elbert Howard states that there are no guidelines for applying for apartments and that a thorough ordinance covering this situation should be developed. Mr. W. C. Carnes states that his apartments would not hurt anyone, that anyone who has property to get it appraised by a MIA Appraiser and have the same property appraised after the apartments are built and if there is any loss suffered he will buy the property. Mrs. J. C. Williamson, Mr. Floyd Thomas' Mr. Dennis Alds, Mrs. Pentacost, and Mrs. Virginia Battle all speak in opposition. Mr. Horner states that he is opposed to zoning under the present circumstances, that he wanted the Use Permits to come to the Board of Supervisors, that applications for over 2,000 apartments were made to the Board of Zoning Appeals possibly fearful of not getting a "fair shake" from the Board of Supervisors; that he wants Mr. Carnes to know he is going to work very hard to defeat the project, that there must be some way to block the zoning, that he has gone around the County speaking on forced busing and this is no different. Mr. Ritz states that there are no standards at this time by which apartments can be judged. Mr. Rudy states that the Board can establish such rules on administrative procedure. Mr. F. D. Long questions the Board members as to their feelings concerning the Carnes Project.' Mr. Apperson states that he will oppose the Carnes' Apartments. Mr. Krepela states that he will oppose all apartments until our new zoning ordinance can be up-dated and if it can be legally done. Mr. Myers'states that he hopes something can be worked out and he will work toward negotiating a settlement, that most of the fears'in this case are unfounded. Mr. O'Neill states that he generally listens to what people say and hopes that people in this case can get together. Mr. John Dodson, Attorney, explains the procedure of application and states that at the time he applied for this zoning the Board of Zoning Appeals was the only body hearing such cases, that he did not know that there were any plans for the Board of Supervisors to take over the granting of a Use Permit for multi-family developemtn. He states further that he tried to set up a meeting with the people in the area but to no avail, that he would be glad to meet with any group of people to discuss the matter and will negotiate with any group on possible changes in the apartment project. Mrs. Morse and Mr. Howard thank the Board for its courtesy. Mr. Sam Wagstaff states that in a recent conversation with Mr. Easterly of the Fire Rating Bureau, he was told to come to the Courthouse for possible changes in the insurance rating. Chief Eanes explains that he has toured the County with Mr. Easterly and that the Fire Rating Bureau had complete charge of the rating of various areas of the County. Mr. Earl Northern comes before the Board requesting 138 sewer connections on the Ashton Creek lagoon. Mr. Painter cites the fact that he has advised Mr. Northern of the limited oonnections and that if the proposed school is to be served, Section 5 of Hidden Valley will also have to be served. Mr. Myers states that the County has obligations it must serve, that Mr. Northern did not reply to the County's letter of September 1971, making it known that sewer connections would be made available on a first-come first- serve basis. Mr. Boro of the Mid-City development states their intention is to start this apartment project immediately and instead of turning down the request for sewer connections they ask for a delay to the next meeting so that he can investigate more thoroughly the facts attendant to this matter. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this matter be ~layed to June 14, 1972. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Robert Painter, County Engineer, reads a letter from Mr. W. S. Carnes requesting the right to prepay the sewer connection charges for 200- apartments at $300.00 each or a total of $60,000.00. Mr. Painter cites the fact that the entire trunk line from Falling Creek to the Carnes property will cost $145,000.00. Mr. Horner states that he does not want to give any sewer connection, that the rate change was originally set for May 1 and postponed to Julyl 1972 to help out existing applicants. ' Upon consideration whereof, and on motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this matter be postponed since it appears that S~wers are not available to the property at this time. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mrs- Jeffrey Kellam, a member of the Board of the Bon Air-Southampton Youth, Inc., which organization runs the Spanish Castle, comes before the Board to explain the request for the County's assistance in applying for $17,050.00 from LEAA Fund,. and presents an application showing the members of the Board and Advisory Committee how the money will be spent, etc. Mr. Duane C. Watson, Secretary of BASY explains further the financing and operation of this agency. Upon consideration whereof, and on motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this Board approves the application and authorizes its Chairman to sign same and further requests Mr. John Longmire to meet with this organization to coordinate the actions in a manner acceptable to the County. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the following water contracts be and the same are hereby approved: W72-40CDU W72-35D W72-44CD W72-43CD W72-39D Chester Road $400.00 Lake Crystal' Farms 1,542.00 Newberry Towns, Phase II 20,866.20 Ravensdale 28,398.60 Route 10-Days Inns Of America 2,445.75 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that Contract W72-42D for the installation of water lines on Willis Road to serve the Brown Boveri plant in the amount of $18,675.00 be and it hereby is awarded to the Stamie E. Lyttle Company, Inc. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is ~solved that the following sewer contracts be and they hereby are approved: S72-32CD Banton Street $4,835.50 S72-26CD Route 10-Days Inns of America 4,045.75 S72-33CD Ravensdale 67,750.20 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson it is resolved that Contract S72-31C, Cherrytree Lane, for the installation of sewers in the amount of $9,847.65 be and it hereby is awarded to Fred W. Barnes Construction Company, Inc. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter presented to the Board a schedule showing the proposed maintenance work to be done by the County's drainage crews. It was generally agreed that Mr. Painter would give to the Executive Secretary a copy of the Engineering agenda by Friday before the Board meetings so that same can be mailed with the regular agenda in order to give the Board members more time to study proposed matters for discussion. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that permission be granted for Mrs. Reed of the Salem elementary Athletic Association to have a bake sale on the grounds of the old Courthouse on June 17, 1972. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that Mr. C. G. Manuel, Director of General Services, be authorized to rent the stadium on the Fair grounds for a Political Rally for the States Rights' Party. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that at the request of the Planning Commission this Board propose that the property, lying in general between Little Creek Lane and Beulah Road as shown on a map filed with the Board's papers be advertised for zoning for R-2 purposes at the request of the County. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Krepela, it is resolved that the parcel of land lying in general between Otterdale Creek and Genito Road and East of Otterdale Road, having been requested by the Planning Commission to be zoned R-2 be advertised for R-2 at the request of the County. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It was cited that the County of Chesterfield would receive an Achievement Award at the National Convention of Counties for its construction of an airport and Industrial Park Complex, and the Chairman advises that he or his designee will attend the Convention and accept the award. This day the County Road Engineer, in accordance with directions from this Board, made report in writing upon his examination of Newington Drive in Newberry Towne "A", in Clover Hill Magisterial District. Upon consideration whereof, and on motion of Mr. Horner, it is resolved that Newington Drive in Newberry Towne "A" in Clover Hill Magisterial District, be, and it hereby is established as a public road. And be it further resolved, that the Virginia Department of Highways, be, and it hereby is requested to take into the Secondary System, Newington. Drive, from its intersection with Route 647, southwardly and eastwardly .16 mile. This road serves 26 houses. And be it further, resolved that the Board of Supervisors guarantees to the Virginia Department of Highways 60' right=of-way for this road. Plat recorded in Plat Book 18, Page 4, dated January 11, 1971. This day the County Road Engineer, in accordance with directions from this Board, made report in writing upon his examination of Granada Road, Greenfield Drive, Neptune Drive, Denton Drive and Guilford Road in Greenfield Sections "D, G and F", in Midlothian Magisterial District. Upon consideration whereof, and on motion of Mr. Krepela, it is resolved that Granada Road, Greenfield Drive, Neptune Drive, Denton Drive and Guilford Road in Greenfield Sections "D, G, and F", in Midlothian Magisterial District, be and it hereby is established as public roads. And be it further resolved, that the Virginia Department of Highways, be, and it hereby is requested to take into the Secondary System, Granada Road from Woodmont Drive (Rt. 1985), southeastwardly .05 mi. to Denton Drive, thence southeastwardly .05 mi. to Neptune Drive, thence southeastwardly .09 mi. to Greenfield Drivei Greenfield Drive, from its intersection with Route 675, northeastwardly .06 mi. to Granada Road~ Neptune Drive, from its inter- section with Granada Road .11 mi. northeast wardly to Rockledge Road~ Denton Drive, from its intersection with Granada Road .11 mi. northeastwardly to Rockledge Road: Guilford Road, from the northwestern end of maintenance northwestwardly .19 mi. to Deauville Road, then westwardly .03 mi. These roads serve 58 houses. And be it further resolved that the Board of Supervisors guarantees to the Virginia Department of Highways 50' rights-of-way for these roads. Plats recorded in Plat Books as follows: Section "D" Plat Book 15, Page 95, June 28, 1967 Section "G" Plat Book 17, Page 35, October 9, 1969 Section "F" Plat Book 17, Page 23, July 9, 1969 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the Plan of Operation for operating a quarry under Use Permit 71-9U submitted to this Board and signed by Mr. L. L. Cashion be and it hereby is approved and that a copy of the Plan of Operation be sent to the Vulcan Materials Company as a part of the approval of the Use Permit. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the schedule of building inspection fees be advertised for adoption. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that at the request of the School Board by resolution dated May 10, 1972, ,the Treasurer is requested to transfer the sum of $70,000.00 from Maintenance of Plan -41-472 to Transportation Operation-41-451 in the School budget. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $547.60 be transferred from the unappropriated surplus of the General Fund to item 41-500-403 in the School Budget for the payment of two signal lights at the Beulah Elementary School. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by ~r. Apperson, it is resolved that Mr. John Mazza be and he hereby is appointed to the Airport Advisory Board. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the sum of 1,700.00 be transferred from the unappropriated surplus of the General Fund to 11-033-150 in the Treasurer's Office. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela, and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that this Board adjourns at 6:30 P.M. to 5:00 P.M. May 30, 1972. Ayes~ Mr. ~orner, Mr,~, Mr. Apperson, Mr. Krepela and Mr. O'Neill.