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10-10-1973 MinutesVIRGINIA: At a regular meeting of the Board Of Supervisors of Chesterfield County, held at the Courthouse on October 10, 1973 at 9:00 A.M. Present: Mr. Irvin G. HOmer, Chairman Mr. Leo Myers, Vice-Chariman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. Merlin O'Neill Also Present: Mr. Oliver D. Rudy, Comm. Atty. Mr. M. W. Burnett, Co. Administrator' Mr. C. G. Manuel, Asst. Co. Admin. Mr. Robt. A. Painter, CO. Engineer Mr. David Welchons, Asst; Co. Eng. Mr. Michael Ritz, Co. Planner Mr. Stan Balderson, Cheil Planner The invocation was given by Mr. Myers. The Board of Supervisors this day approved all claims presented to the County for the month of September, 1973, and authorized the Treasury of the County ~o issue warrants as follows: General County Fund Check No. 64497 - 65179 $366,066.38 Revenue Sharinq Check ~o. 64832 64783 Library Fund Check No. 64679 - 64149 ~ ~oad Fund Check No. 65099 Airport Fund Check NO. 64742 - 65142 53.70 7~362.27 62.13 574.38 Garage Fund Check No. 647B7 - 65147 County Storeroom Check No. 64520 - 65148 Workmam, s Cempensatiom Check No. 64511 - 65114 Social Services Check No. 64085 64486; 64984 - 64990; NO. 65043i 65196 -- 65331; 64613 - 64620 and No. 64991 - 65042 Nursing Home Check No. 64543 - 65142 7,446.16 584.51 597.90 70,803.38 Sales Tax Check No. 64720 Payroll Deduction Check 64581 - 65106 Water Revenue Check No. 8936-8939 6.48 58~930.67 35.65 Fumd: Check NO. 8879 - 9001 $ ~9~520.70 Water Debt Fund: Cnec~ NO. SMbS -- 8980 128~370.75 Water Improvement?Replacement and Ext. Fund Check No, 8935-- 8967 24~488.51 Wa~er Meter Deposit Check No. 9003 - 9018 ~ater Meter Interest Fund Check No. 8935 - 8963 380.00 29930.26 Utility Central Stores Check No. 8871 - 8985 9~791.63 Ettrick Sanitary ~istrict Check No. 8925 - 9000 Sewer. Operating Check No. 8905 - 8956 129533.91 Sewer Impr.1 Replacement & Ext. Fund Check No. 8917 - 8995 118,868.49 Sales Tax Check No. 8892 1=.47 On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes-of September 26, 1973 be and they hereby are approvedt Ayes: Mr. Morner, ~r. ~!yers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that water contract W73-71D, Hugueno= Village Shopping Center in the amount of $21,912.50, be and it hereby is approved. Ayes: Mr. Hornet, Mr. ~4yers, Mr. Apperson and Mr. Krepela. On motion o~ Mr. Myers, seconded by Mr. Apperson, it is resolved that Mr. G. W. Butler, developer of Cameron Hills be given an additional fi~e 5) years on water contract Ac-463 due to extenuating c~rcumstances in the development of this subdivision. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson & Mr. Krepela. Mr, Painter gives a summary of the sewerage discussions with the State Water Control Board on the Bermuda Hundred Industrial area. On motion of Mr. Apperson. seconded,by Mr. Myers, it is resolved that the following sewer contracns be and they hereby are approved: S73-58D Huguenot Village Shopping Center $42,535.00 S73=54D Indian Springs 72,958.25 A discussio,n was held concerning Section "F" of the Stonehenge Subdivision, in connection with the necessity of installing dry sewers, It was generally agreed that this matter would be referred to the Planning Commission with Mr. Painter's latest recommendation that dry sewers no~ be installed. The following road has been formally taken into the State Secondary Highway sYstem: Little Creek Lane - From its intersection with State Route 637, eastwardly 0,11 mile to Berrybrook. Drive. 0.11 Mi!i On motion of Mr. O'Neill, seconded by Mr. Apperson, it is reselved that the 'rOads in Trojan Woods be recommended to the State Department of Highways for inclusiOn into the Secondary System of roads. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this Board requests the Highway Department to take the necessary steps to construct immediately Railroad signals at the intersection of the SCL RR crossings at Dupuy Road and Branders Bridge Road both of which crossings have been the cause of serious accidents recently. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krep~la and Mr. O'Neill. Mr. Doyle, owner of the land fronting on the west side of Route 1, across from the Ling King Restaurant, comes before the Board requesting a sewer connection on the line presently being installed to this location. .Upon consideration where'of, and on motion of Mr. Myers, seconded by Mr. Apperson, i it is resolved that six (6) connections be awarded to this property at this time and that a check should be made with the Engineering Department before other connectionsare guaranteed. It is understood that Mr. Doyle will pay fo'r the crossing of Route 1. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. .On 'motion of Mr. O'Neill, seconded by Mr. Krepela, the following ordinance is hereby adopted: AN ORDINANCE to vacate an unimproved twenty-five (25) foot wide access right-of-way in the subdivision of Greenbriar, Section 2, known and designated as a 25 foot access right-of-way located along the eastern boundary line of said subdivision, a plat of which made by E. Co Wilkerson, C.L.S., Richmond, Virginia, dated. February 27, 1968, recorded June 16, 1965, in the Cl~rk's Office of the Circuit Court 6ffice of the Circuit Court of Chesterfield County, Virginia in Plat Book 14, pages 70 and 71, the said unimproved twenty-five (25) foot wide access right-of-way to be vacated being more particularly shown crosshatched on a copy of said plat dated February 27, 1965, which is attached hereto and made a part hereof by this reference. WHEREAS, the Board of Supervisors of Chesterfield,County, Virginia, by resolution duly adopted at its regular meeting held at the Courthouse on August 22, 1973, directed that an ordinance be prepared for public hearing on the proposed vacation of the said 'twenty-five (25) foot wide access right-of- way in Greenbriar Subdivision, Section 2, known and designated as a twenty-five (25) foot wide ad=ess right-of-way, as shown on a plat made by E. O. Wilkerson, C.L.S., Richmond, Virginia dated February 27, 1965, the sa~d access right-of- way to be vacated being shown crosshatched on a copy of the said plat, which is attached hereto and made a part hereof by this reference and being more particularly described as follows, to-wit: Commencing at its line of intersection, being 25 feet in width, with the southern right-of-way line of Horshoe Bend Drive extended to a point on the eastern boundary line of Greenbriar Subdivision, Section 2,; thence proceeding Southwardly'between parallel lines for a distance of 377 feet, more or less, and terminating at its line of intersection with the northern boundary line of White Birch Drive extended and continuing with its line of intersection with the southern right-of-way line of White Birch Drive extended in a southwardiy direction between nearly parallel lines for a distance of 197 feet, more or less, and terminating with the northern boundary line of property now or formerly owned by Biggs. WHEREAS, notice of the adoption of this ordinance has been given in accordance with Section 15.1-431 of the Code of Virginia, 1958, as amended. NOW, THE.REFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: 1. That pursuant to Section 15.1-482, of.the Code of Virginia, 1950, as amended, t~at the unimproved 25 foot wide access right-of-way as described above and shown'crosshatched on' the copy of plat attached hereto and described herein, be andit is hereby vacated, except however, the County of Chesterfield, Virginia Reserves- to itself two perpetual 16 foot drainage and utility easements upon, over, acress, under and throught the said access right-of-way, one measures 16 feet being an extension of the easement across south end of Lots 1, 2 and 13 or,Block E, to the subdivision boundary line, and one measuring 16 feet in width, being an extension of the easement between lots 1 through 7 Block D, ~O the subdivision boundary line. ' 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 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. Homer, Mr. Myers, Mr. Krepela and Mr. O'Neill. Nays: Mr. Apperson Mr. Rudy states that the 25-feet vacated right-of-way should revert to the 11 lots in the subdivision. On motion of Mr. Myers, seconded by. Mr. O'Neill, it is resolved that the following ordinance be and it hereby is adopted: AN ORDINANCE to vacate an eight (8) foot easement designated on plat of Plymouth Haven, Block A, Bermuda District, Chesterfield County, Virginia, made by Phillip R. Brooks and Kenneth L. Barton, ~ertified Land Surveyors, Richmond, Virginia, dated June 6, 1955, and recorded August 2, 1955, in Plat Book 9, page 62, in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, as extending along the back line of Lots 1 through 9 and the right line of Lot 9 as shown on that plat, to vacate the lines within Block A which divide Block A into nine separate lots: and to constitute Block A as one parcel of land in its entirety without subdivision. WHEREAS, the M & E Corporation has petitioned the Board of Supervisors to vacate a certain eight (8) foot unimproved easement for d=ainage and utilities shown as lying along the back line of Lots 1 through 9 and the right line of Lot 9, of Block A, Plymouth Haven, a copy of which plat is recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, in Plat Boo~ 9, Page 62: to vacate the dividing lines within Block A and to constitute Block.A as one parcel of land in its entirety without subdivision: and 'to notice that the Board of Supervisors would consider the adoption ~ an ordinance vacating said easement and constituting Block A as one parcel of land-having been given in accordance with Section 15.1-431 of the 1950 Code of Virginia, as amended; ~OW, THEREFORe, BE IT ORDAINED, by the Board of Supervisors of the County of Chesterfield, Virginia: 1. That pursuant to Section 15.'1-482 of the 1950 Code of Virginia, as amended, the said eight (8) foot easement for drainage and utilities lying along the back line of Lots 1 through 9 and the right line of Lot 9, Block A, Plymouth Haven, Bermuda District, Chesterfield County, Virginia, shown on a plat recorded in Plat Book 9, Page 62, in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, is hereby vacated, and the dividing lines between Lot 1 and 2, 2 and 3, 3 and 4, 4 and 5, 5 and 6, 6 and 7, 7 and 8, and 8 and 9 in-Blook A of the 'aforesaid Plymouth Haven are vacated, and Block A is hereby constituted.and designated as one parcel of land without subdivision. This ordinance will 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~all be recorded in the Clerk's Office of the Circuit Court of Chesterfield Co%mty, Virginia. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, Be it Resolved, by the Board of Supervisors of Chesterfield County that the application of the Knights of Columbus No. 6t89 for permission to conduct Bingo games and/or raffles, having been received by the Board and duly considered, permission is hereby granted said applicant, the Knights of Columbus NO. 6t89, to conduct Bingo games and/ or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Homer, Mr. Myers, Mr, Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, Be it Resolved by the Board of Supervisors of Chesterfield County that the application of the Midlothian Volunteer FireDepartment, for permission to conduct Bingo games and/or'raffles, having been received by the Board and duIy considered, permission is hereby grant~ said applicant, the Midlothian Volunteer Fire Department to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. 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 a Variance be given to Mr. and Mrs. W. L. Allen to construct a dwelling on Parcel 2, Tax Map 151-4, provided Mr. Chappelle deed a 25-ft. easement along the eastern property line from the road to the subject parcel for ingress. ~yes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that a Variance be granted to Mr. and Mrs. Steve Leake to construct a dwelling on a one-acre lot fronting on Mayes Road in Matoaca. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that two (2) Variances be awarded to the Osterbind family for the construction of dwellings on a five (5) acre tract as recorded on a plat filed with the papers of this Board,.which parcel fronts on Salem Church 'Road, being the property next morth of the School Board property. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~Mr, MaSO,n Chalkley comes befOre the Board to discuss the Communications Study the C~Unty receive~ bids on SePtember 6, 1973, and states his recommenda- tions t~a% i~he bid be awarded to Gautney and Jones CommumiCatioRs in Falls Church of this matter, it is on motion of Mr. O'Neill, ti s~condled bY Mr. Appe~s~n, resolved that this Board aw~ds ~e contract to ~ ~autneY ~d JOnes Co~u.ications to study the various de~rtments of ~e County ~. Using radio co~unication for a: price of $21,859.75. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. ~epela and Mr. O'Neill. 73S094 Mr. Paul Byrne, representing Mason Property Associates comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2), 65 acres and Townhouses for Sale (R-7), 25 acres, two parcels of land of irregular shape, fronting approximately 2,800 feet on the north ~ine-of Beulah Road (rt. 641), and being located approximately 800 ft. southwest of the intersection of Beulah Road and Hopkins Road (Rt. 637) in Dale Magisterial District. Refer to Tax Map Sec. 66-7 (1) parcels 2 and 4 (Sheet 22). Mr. Byrne states that if the zoning is allowed as requested there would be an average of 4.2 units per acre with the Townhonse zoning in the middle of the tract and single family residences on all sides. He states that the estimated average children would be 2.2 in multi-family and 1.3 per single family; that Rountree and Associates have prepared an economic impact study showing there would be a $23,650 gain to the County each year, that the use of the land in such fashion will hurt no one. He presents Mr. Lawrence Mason, who states he has lived in the area for 65 years, wants a good subdivision and most people in the area do not object to this zoning request. Mr. Apperson files with the Board letters from 21 person in t~e adjacent area in support of the zoning. Mr. Kelly Miller, Attorney, representing the Fuqua Farms Subdivision, presents a petition signed by numerous people in opposition. He states further that the burden is on ,~he applicant to prove it will not be detrimental to the neighborhood° Mr. Miller states further that the traffic will be too heavy on Hopkins Road, that the density of R-7 is too great,'that the Rountree report is vague and wandering, which report could be rebutted if studied and urges the Board to reject this request. Eight people stood in opposition~ Mr. Davi~ Pearson, who lives across Beulah Road opposes because of traffic problems. Mr. Laban Lauver speaks in opposition. Mr. Apperson presents fourteen (14) letters in opposition. Mr. Byrne states further that he realizes that he has the obligation to prove the merits of this case and points out that 300 houses can be constructed on this property if all is zoned R-2. He points out further that Mr. Miller could not refute the Rountree report, so it must stand and that the people who live in Fuqua Fa=ms do not have a right to any greater use'of the land than the Masons have on their land, and there ~st be equal rights to all to develop. Mr. Mason states that when Fuqua Farms was developed no one opposed the zoning, although'many thought it would crowd the area. He points out that his sister, who owns most of the land, is in extremely bad health and partly blind with no income and needs to sell the land. Mrs, Guthrie, who owns adjacent land states that he has no objection and that Hopkins Road will soon be improved. Mr. Miller states that the people in the area are not contesting R-2 zoning but there is too much R-7 zoning in the area at this time. Mr. Apperson states that this is one of the more difficult cases because of friendships in the area and asked the developers to amend their request to R-2 zoning. Mr. Bryne states that his Client will accept R-2 and hold the R-7 request. ~pon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Krepe~a; it is resolved that the area requested to be rezoned R-2 be and it hereby is zoned R-2 and that the area requested for R-7 be and ~t hereby is withdrawn. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73-S095 Mr. Paul Byrme, representing Diversified Development, Inc. comes before the Board requesting the rezoning from Agricultural (A) to Residential (R=2), 110 acres, and to Townhouses for Sale (R-7), 40 acres, several parcels of land of irregular shape, fronting approximately one-half mile on the southeast line of Salem'Church Read (Rt. 642), extending southeastwardly to a depth of approximately 3,000 ft. and being located approximately one-half mile northeast of the intersection of Salem Church Road and Centralia Road (Rt. 145), in Dale Magisterial District. Refer to Tax Map Sec. 96-2 (1) parcel 8,96-3 (1) parcel and 96-7 (1) parcel 5 (Sheet 31), and states that this case was previously presented in the last meeting and was postponed to allow him to meet with the PTA in the area, and that said PTA voted not.to hear him and voted to oppose the zonin~ request. He cited .the fact that the opposition was based mainly on three points: 1. Traffic would be increased on Salem Church Road and points out that the Highway Department has scheduled an improvement project on this road which should be sta=ted in the near future. 2. The schools will be crowded. He states that single family zoRing could give more school children than a combination of multi-family and single family. 3. That there would be severe social problems if the zoning were granted. He states that in the City of Richmond, Chesterfield's R-7 is still a single family residence and the Mr. Tom Fulghum, of the School Board states that he had no knowledge of any social problems emanating from multi-family housing. Mrs. Koogler ~tates that the P.T.A. invited Mr. Byrne, to an exectuive meeting on a day which he could not attend and he could not be heard at the regular meeting of the P.T.A. because of the crowded program. She states "sever social problems" pertain to the concentration of people and that there are many studies currently being made concerning this matter. She states the P.T.A. of the Salem Church School unanimously passed a resolution against the R-7 zoning and further that there would be no sewers in'the next five years. Mr. Byrne reiterates the fact that his client could develop the proposal on R-2 zoning and produce more school age children thaR the current request. He presented Mr. Oakley, owner of the property and six others who reside in the area who do not oppose the rezoning. Mr, Apperson states that R-7 is not a gradual increase in people as is that the impact is much greater and again asked Mr. Byrne to accept R-2 zoning. Mr. Byrne states that his client will accept R-2 as requested and withdraws the request for R-7. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the area requested to be zoned R=2 be zoned, and the area for R-7 be withdrawn. Ayes: Mr. Horner~Mr. Myers, Mr. Apperson, Mr, Krepela and Mr. O'Neill. 73Sl15 Mr. Graham ~ennings, representing Vivian Earl Pace & Pauline Geodman Pace comes before the Board requesting the rezoning from General Business~(B-3) to Heavy Industrial (M-3) of a parcel of land of irregular shape, containing 3.41 acres, fronting approximately 309 ft. on Goodes Bridge Road (Rt. 1668), extending westwardly to a depth of approximately 500 ft. and being located approximately 1,400 ft. north of the intersection of Goodes Bridge Road and Walmsley Blvd. (Rt. 647) in Clover Hill Magisterial District. Refer to Tax MapSec. 40-2 (1) parcel 20-6 (Sheet 15). Mr. Jennings states that his client wishes M-3. zoning but agrees that the restriction on M-3 would prohibit the use of the property. After some consideration of this matter, it is on motion of Mr. Homer seconded by Mr. Myers, it is resolved that this zoning request be and it hereby is denied. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S118 Mr. Brewster S. Hill comes before theBoard requesting the rezoning from Convenience Business (B-i) to Residential (R-2) of a parcel of land of irregular shape, containing 0.67 acres, fronting approximately 230 ft. on the south line of River Road (Rt. 602), and being located approximately 100 ft. west of the intersection of River Road and Chesterfield Avenue in Matoaca 73Sl12 Mr. Lloyd C. Journigan comes before the Board requesting the rezening from Agricultural .(A} to General Business (B-3] (7.7 acres) and Light Industrial (M-i) (11.6 acres), several parcels of land of irregular shape, containing 30.7 acres, fronting approximately_l, 700 ft. on Hull Street Road (Rt. 360}, extending southeastwardly to a dgpth of approximately 500 ft. and being located at the intersection of Hull Street Road-a~ Pocoshock Road in Clover Hill Magisterial District. Refer to ~ax Map Sec. 40-5 (1) parcels 6, 7 and 8 Sheet 15. Mr. Journigan states that he wishes to build warehouses for rent, that he has an acceptable plan which involves four accesses to Route 360. Mr. Robert Dolbeare, representing the YMCA'requested a deferment. Mr. Marie Escobar, representing the Surreywood Subdivision requested a delay. Mrs. Robert Jenson, from the Longwood Acres Subdivision and Mrs. Terrell from the Pocoshock Woman's Club requested further information concerning this project. On motion of' Mr. Homer, seconded by Mr. Apperson, it is resolved that this matter be delayed to December 12, 1973. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Magisterial District. Refer to Tax Map Sec. 182-9 (1) parcel 3 (Sheet 53/54). There appe~i~ng no, one in apposition to this request and the Plannin Commiss'o having re~emmended approv&l, it is resolved on motion of Mr. O'Neill seconde~ n by Mr. Krepela, that the aforedescribed parcel be and it hereby is rezone for R-2-.purposes, and further that no fee be charged in this case. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S120 Mr. W. Eugene Glenn, Inc. comes before the Board requesting the rezoning from Agricultural (A) to General Business (B-S) of a.parcel of land of rectangular shape, containing 1,10 acres, fronting approximately 100 ft. on the south line of Midlothian Turnpike (Rt. 60), extending southwardly to a depth of approximately 500 ft., and being located approximately 1,600 ft. east of the intersection of Midlothian Turnpike and Research Road in Clover Hill Magisterial District. Refer to Tax Map Sec. 17~10 (1) parcel 6 Sheet 8). Mr. Glenn States that his client, Mr. Hugh Joyce, who owns an air conditioning business wishes to locate on said parcel and there appearing no one in opposition to this request and the Planning Com~ission having recommended approval, it is-on motion of Mr. Horner, seconded by Mr. Krepela, resolved that the aforedescribed parcel of land be and it hereby is rezoned to General Business (B-3), with the following restrictions: That there be a 50-ft. buffer provided along the front property line with no parking allowed in the buffer strip and a plan for landscaping the buffer area be submitted to the Planning Director, which plan would provide for screening the adjacent properties. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S121 Mr. R. E. Porter, representing Wil-Car Company, Inc., comes before the Board requesting the rezoning from Agricultural (A) and Light Industrial (M-i) to General Industrial (M-2)of two parcels of land of irregular shape, containing 157.75 acres, fronting approximately 3,300 ft. on the south line of West Hundred Road (Rt. 10), extending southwardly to a depth of approximately-2,000 ft. and being located approximately 400 ft. east of the intersection of West Hundred Road and Pine Bark Road in Bermuda Magisterial District. Refer to Tax Map Sec. 117-9 (1) parcel 5 and 117-10 (1) parcel 16 (Sheet 33). Mr. Porter states that the Food Company which intends to locate on this site will have in excess of one million square feet of buildings and will maintain its own roads within the area. Mr. Eli Shelton questions the buffer strip recommended by th~ Planning Commission. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson it is resolved that the aforedescribed parcel be and it hereby is rezoned to General Industrial (M-2) with the following restrictions: That there be a 100-ft. buffer strip along Rt. 10 and a 50-ft. buffer strip along Rt. 618 with permission for crossing said buffer strip where necessary, and that trees in the buffer~ strip on Rt. 618 be left if at all possible. Ayes: Mr. Homer, Mr, Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. .7,3S123 Mr. George E. Hamlet comes before the Board requesting a Conditional Use Permit to operate a Fire Extinguisher Sales and Service from an accessory building on a parcel of land of irregular shape zoned Agricultural (A), containing 6.25 acres, fronting approximately 100'ft. on the east line of Newby's Bridge Road (Rt. 651), extending eastwardly to a depth of approximately 508 ft., and being located approximately three=fourths of a mile northeast of the intersection o fNewby's Bridge Road and Q%~alla Road (Rt. 653), in Clover Hill Magisterial District. Refer to Tax Map Sec. 63 (1) parcel 16-4 (Sheet 21). Mr. Hamlett states that there is a large building already on theproperty from which he proposes .his operation. There appearing no one in opposition to this request and the Planning Commission' having recommended approval, it is on motion of Mr. Homer, secended by Mr. Apper.~ resolved that a Conditional Uae Permit to operate a Fire Extinguisher Sales ·restrictionsand Service business: be granted on the aforedescribed property with ~e following 1.. The operation of the requested fire extinguisher sales and service, business shall be r-estricted and confined to the interior of the largest outbuilding which is located directly behind the existing residence. 2. No outside storage of materials, equipment, or supplies shall be permitted. 3. No sign shall be permitted. 4. The hours of operation shall be restricted to between 9:00 A.M. and 9:00 P.M. Monday through Saturday. No Sunday operation shall be permitted. 5. Any addition or alteration to the existing structure, either directly or indirectly in conjunction with this operation, shall be approved by the Planning Department. 6. This operation shall be subject to the approval of the Chesterfield County Fire Administration and all applicable County and State laws regulating such an operation shall apply. Approval of the County Fire Administration shall be obtained prior to the commencing of any operation. Ayes: Mr, Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 73~125 Mrs. Rebecca Wills comes before theBoard requesting the right to continue to locate a mobile home at 6507 Walmsley Boulevard, for Mr. Moore who lives in the mobile home. Mr. Moore states that he furnishes transportation for Mrs. Wills and that the rent from this mobile home co~tributes greatly to the support of Mrs. Wills. .On motion of Mrl Hornet,, seconded by Mr. Myers, it is resolved that the Permit be granted to continue theglocation of a mobile home at this site for a period of two (2) years. Ayes: Mr. Hornet, Mr, Myers, Mrl Apperson and Mr. Kr~)ela. 73s126 Mr. wiley K Wells requests the right to continue the location of a mobile home at 2904. Falling Creek Avenue. Mrs. Adcock, who lives at this location states that Mr. Wells is her brother- in-law and in very ill health and that there is no complaint. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that a Permit to continue the location of a mobile home at this location be approved for a period of two (2) years. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson & Mr. Krepela. Mr. Painter advises the Board of problems of obtaining a drainage easement from Mr. A. P. Garrity, the Subdivider of Olde Coach Village~ It is agreed that this matter be held for further investigation. On motion of Mr. Homer, seconded by Mr, O'Neill, it is resolved that due to the emergency of continuing the construction of sewer mains in the area, that the following people be offered the stated amo~ts a~d if foundunaccept- able that the easements will be condemned by the County: Project S73-43C/28 Larry W. Franklin & Antionette J. Franklin $100. Project S73-43C/30 George F. Booker & Helen M. Booker $ 75. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr, Apperson, it is resolved that the following streets be so name~: Route 623 - Dry Creek Road Route 815 --Big Oak Lane Rout~ 620 - Golf Course Road 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 the Engineering Department be authorized to continue the rental agreement for the xero~ machine until January 1, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that C. L. Bookman had installed a water line approximately 240 ft. in length on the north side of Route 360 immediately west of Chippenham Parkway and that said water line had been installed in the road right-of-way instead of on an easement secured by the County and it was pointed ou~ that the line was put in at some extra effort on the part of Mr. Boekman: that it was serving~:~he business for which it was installed, that an honest mistake had been made which was'not likely to be harmful to the County. Upon consideration whereof, and on motion of Mr. Appersonthe following motion is offered: Be it Resolved that the County accepts the water line installed by Mr. Bookman and pays for same without reservation. A vote being taken on the motion: Ayes: Mr. Apperson Abstaining from voting: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Th,is day the County Road Engineer, in accordance with direct~ens from this Board made~eport in writing upon his examination of Newington Drive and Heybridge Re-ad in Newberry Towne Sections B and C .in Clover HillMagisterial District. U~on consideration whereof, and on motion of Mr. Homer, it is resolved that Newington Drive and Heybridge Road in Newberry Towne, Sections E and C in Clover Hill Magisterial District, be and they are 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, Newington Drive beginning at a point 0.16 mile from its intersection with Route 647 southerly 0.11 mile to its intersection with Heybridge Drive thence 0.20 mike ire a dead end: Heybridge Road beginning at its intersection with Newington Drive 0.04 southwesterly to a dead end. These roads serve 80 Townhouse units. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 60' right-of-way for Newington Drive and a 50' right-of-way for Heybridge Road. Section B recorded in Plat Book 19, pages 25 and 26. Section C recorded in Plat Book 20, pages 92, 93 & 94. This day the County Road Engineer, in accordance with directions from this Board, made report in writing upon his examination of Pretty Lane, Philbrook Road, Bryanwood Road, Panola Road and Brookshire Avenue in Ravensdale in Dale Magisterial District. Upon consideration whereof, and on motion of Mr. Apperson, it is resolved that Pretty Lane, Philbrook Road, Bryanwood Road, Panola Road andBrookshire Avenue in Ravensdale in Dale Magisterial District, be and they are 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, Pretty Lane beg~n- ~ng at intersection with Brookshire Avenue 0.05 mile easterly to its inter- section with Philbrook Road, thence easterly 0.03 mile to State maintenance on Pretty Lane~ Philbrook Road beginning at its intersection w~th Pretty Lane 0.28 mile northerly to its intersection with Br yanwood Road, thence northerly 0.14 mile to its in~rsection with Pamela Road.; Bryanwood Road beginning at its intersection with Brookshire Avenue easterly 0.05 mile to its intersection with Philbrook Road, thence easterly 0.03 mile to State maintenance; Panola Road beginning at its intersection with Brookshire Avenue ~0.05 mile easterly to its intersection with Philbrook Road, thence easterly 0.03 mile to State maintenance; Brookshire Avenue beginning at a point 0.04 mile north of Pretty Lane, northerly 0.22 mile to ~s intersection with Bryan- wood Road, thence northerly 0.17 mile to its intersection with Panola Road. These roads serve 112 houses. And he it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for each of these roads. Recorded in Plat Book 19, pages 59 and 60. Ayes: Mr.. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the County Engineer be authorized and requested to prepare engineering plans for the installation of sewers to connect the DUpuy Elementary School and some 55 homes to the sewer belonging to Colonial Heights at the Charlotte Avenue line. Ayes: Mr. 'Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr° O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the-stun of $17,858.56 be paid to the City of Colonial Heights for costs related to the Planning and Engineering of the sewage pumping station when said Project is completed and service to the County is rendered. Ayes: Mr. HOmer, Mr. Myers, Mr. Apper$on, Mr. Krepela aM Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that this Board provides from the General Fund of the County, sufficient money t° pay the monthly costs of water and sewer service of all Rescue Squads in the CountY. Ayes: Mr, Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On metion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that a game claim from Frank I. MichaIek, Sr., who resides at 4905 Hickory Road, fer the - destruction of one (1) 210-1b. hog killed by dogs, be, and it hereby is approved for paymen~ in the amount of $80.00. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr..O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that Clarke Dean Pace and Norman John Herndon be appointed as Dog Wardens and Special Police Officer~ for one (1) year ending October 31, 1974. Ayes: Mr. Homer., Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mrl O'Neill, it is resolved that the following erroneous tax claims b~ and they hereby are approved for payment: Nina M. Stewart Elizabeth Lee Overacre Mar~. K. Walton Thomas E. Jones Lewis R. DePriest William N. Eubank Cyrus Tamadden Russel E, & Ma~ilyn Randall County License $5.00 Refund Co. license 10.00 Auto License & sticker 5.00 Per. Pro. 1973 Tax 21.08 1973 Per. Pro. Tax 6.12 Trailer Tax 12.50 Per. 'Pro. Tax 1973 50.61 First half tax 1973 40.61 A~es: Mr. Hornet, Mr, Myers, Mr. Apperson, Mr, Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the operational plan for the Chesterfield C~unty Landfill at Bon Air be, ~nd it hereby is approved, a copy of which Plan is filed with the papers of this Board. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the contract between the County of Chesterfield an~ Carlton, Taylor and Clark, Architects, for drawing plans for the .addition to the office bnilding be and it hereby is approved~ subject to the approvalof the Commonwealth.s Attorney, and the County Administrator is authorized to sign said c~ntract. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. There was presented and filed with the papers of this Board an audit of the Appomattox River Water Authority for the year ending June 30, 1973. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the Judge of Circuit Court, the Honorable Ernest P. Gates~ be requested to re- appoint the following named-Police Officers for four (4) year terms, with the exception of Edwin Thomas Smith, whose term should be limited to six (6) months. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson% Mr, Krepela and Mr. O'Neill. William L. Adams J. W. Applewhite Ralph Randolph Arehart Raymond Douglas Adkins Duncan Steele Beasley, Jr. John Royce Bucka Gilbert Leonard Bartle Jimmy E. Brown James E. Campbell Mason Tudor Chalkley Tommy J. Cheek Bernard Franklin Cowardin, Jr. Edwin Thomas Smith Carlow W. Cunningham Allen Carlten Davis Robert James Doyle William Valvin Driskill James Michael Dudley Thurman E. Estes, Jr. Robert Giles Foster Robert Cecil French Bernard Chester Furman Edward Linwood Gettings Edgar P. Gill otis Elston Greene L. G. Hamner, Jr. Charles Warren Hall Hunter Malcolm Herndon James H. Johnston, III Charles Ernest Jones John Wesley Layne, Jr. Walter L. Lovelad¥, Jr. A11ie V. Maddra, III James Herbert Marable William Edward Martin Thomas H. Mabe Raymond Ler~y Ne~ce, Jr. Linwood Miller Parrish John A. Phillips Terence Phillips Raymond Carter Phillips Joseph E. Pittman, Jr. R. E. P~ckett Charlie E. Richter Herbert M. Shelton Linwood Sh~fa~ Matthews William Frederick Showalter J. A. Simmons Patrolman and Police Officer Police Officer-Sergeant Patrolman & Police Officer Police Officer-Lieutenant Patrolman=Police Officer Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Police Officer-Detective Sgt. Patrolman-Police Officer Patrolman-Police Officer Police Officer-Captain-Detective Police Officer-Lieutenant Police officer-Detective Police officer Police Officer-Sergeant Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Police Officer-Detective Police Officer-Sergeant Chief of Police P01ice Officer Detective Police officer Sergeant Patrolman=Police Officer Patrolman-Police Officer Police Officer-Detective Police Officer-Sergeant Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Police Officer-Detective Police Officer-Capt, of Police Patrol Patrolman-Police Officer Patrolman Police Officer Police Officer-Detective Police Officer-Detective Sergeant Patrolman-Police Officer Police Officer-Lieutenant Police Officer-Lieutenant Patrolman-~elice Officer Police Officer-Lieutena. nt Police Officer-Detective Patrolman-Police Officer Patrolman-Police Officer Police Officer-Lieutenant Marvin L. Starnes E-afl Lee Stewart John Tolliver Terrell, Jr. Lemerle Cover Trader John Gregory Trueheart Larry Herbert Vaughan Morris Gordon Vaughan Clyde Wayne Ward Douglas Bruce Watson, Jr. Wilber C. Welton Clarence Guy Williams, Jr. Mark Evans Wilson George Fo Paul, III Thomas Marshall Gleason James Morrison Rudd James Francis Mitchell Stephen D. S~ith Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Police Officer Patrolman-Police Officer Patrolman-Police Officer Patrolman-Police Officer Police Officer Detective Patrolman-Police Officer Police Officer-Lieutenant Patrolman-Police Officer Police Officer Detective Patrolman-~olice Officer Patrolman-Police Officer Patrolman=~olice Officer Patrolman-Police Officer Patrolman-Police Officer on motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that the following ordinance be introduced for advertising: AN ORDINA/~CE to amend and reordain Chapter 5, Article ~Xt, of the Code of the County of Chesterfield, Virginia, Section 5-103, providing for imposition of a license tax on savings and loan associations, Section 5-104, providing for imposition of a license tax on first mortgate loan lenders, Section 5-105, proMiding for imposition of a license tax upon other money lenders~ and bY adding thereto two new sections, Section 5-105.1, providing for imposition of a license tax on small loan companies and Section 5-105.2, providing for imposition of a li~er~e tax on other small lenders and purchasers of conditional sales contracts. BE IT ORDAINED BY THE BOA/{D OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VA: That Chapter 5, Article Xii, Sections 5- 03, 5-104, 5-105, and two new sections, Sections 5-105.1 and 5-105.2 be amended and reordained to read as follows: ARTICLE XII - Loan Companies and Bankers Section 5-103 - Savings and Loan Associations Every savings and loan association having its principal office located in the County shall pay for the privilege an annual license tax therefor of fifty dollars. Section 5-104. First Mortgage loans Every person conducting or engaged in first mortgage money lending or first mortgage note purchasing occupation, business or trade shall pay for ' the privilege an annual license tax therefor equal to three hundred dollars and seventy-five hundredths of one per centum of the gross receipts of the business in excess of thirty thousand dollars. The term "gross receipts" as used in th~ section, shall be deemed to mean the gross interest, gross discount, gross commission or other gross receipts earned by means of, er resulting from, sHch financial transactions, but the term "gross receipts" shall not include amounts received as payment of principal. Section 5-105. Other Money Lenders. Every person, e~P~ th~ose eggaged in first mortgage lo~ns and first mortgage note,~PUr~h~!~ ~ndUcting or engaging in any of the following money lending or n~/~9~h~s~"o~cC'npa~io~s, businesses o~ trades, r~amely: an indust~ia~ %~a~.~p~my, loaa~r..mo~t~a~e cemp~n~, insurance premium finance ~o,m~a~.,~a~t~=, a~b~e~.o~.~p~m~sery notes, deed of trust notes or install- m'e~-t loanag~'~-,.S~l pay for the privilege an annual license tax therefor e~al ..~t~.~.~=e hundred do~llars and one p~r cent%un of the gross receipts 6f~ehe-b~'siness in exce~s of thirty thousand dollars. The term "gross receipts~ as used in this section, shall be deemed to ~ean the gross interest, gross discount, gross commission or other gross receipts earned by means of or resulting from such financial transactions, but the term "gross receipts" shall not include amounts received as payment of principal. Section 5-105.1 Small Loan Companies. Every person ~icensed under the Virginia Small Loan Law shall pay a license tax equal te five hundred dollars and one_per centum of the gross receipts of the business.in excess of forty-eight thousand dollars excluding repayment of principal. Section 5-~105.2. Other Small lenders and Purchasers of Conditional Sales Contrac~ Every person, other than a person licensed ~nder the Virginia Small Loan Law, engaged in the business of lending money to thers for the purchase of motor vehicles, refr~qerators, televisions, radios, oil or gas burners, electrics2 appliances, household furniture or equipment or any othe~ goods or chattels whether new or used, secured by a lien on such goods or chattels, paying the purchase price of any goods or,~ghattels for the buyer and. securing the sum so paid by a lien on the same or by the purchase from a dealer of conditional sales contracts or chattels, mortgages and any other method financing in whole or in part of the'purchase of such goods or chattels by or for others: and every person, other than a person licensed under the Virginia Small Loan Law, engaged in the business of lending money to others securing by lien on such goods or chattels, whether for the pUrchase thereof or not, shall PaY a license tax equal to three hundred dollars and seventy-five hundredths of one per centum of the gross receipts of the business in excess of thirty thousand dollars. excluding repayment of principal. Nothing herein shall require the payment of any license tax under this paragraph by any bank or trust company. Ayes: .Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, the following resolution is adopted: WHEREAS, the Board of Supervisors of Chesterfield County desires to retain the firm of Hunton, Williams, Gay & Gibson, Richmond, Virginia, as its bond couns.el in connection with the issuance and sale of approximately $1,500,000ii Nursing Home R~venue Bonds: and WHEREAS, the Board of Supervisors has received a disclosure by Hunter, Williams, Gay & Gibson pursuant to Virginia Code Sections 2.t~349 (a) (2) and (b) (5), being part of the Virginia Conflict of Interests Act, of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the County: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD ~I]NTY, VIRGINIA: 1. Hunton, Williams, Gay & Gibson, Richmond, Virginia, shall be retained as bond counsel in connection with the issuance and sale of approximately $1,500,000. Nursing Home Revenue Bonds. 2. The agreement to retain Munton, Williams, Gay & Gibson as bond counsel is' a contract for tegal services which, in the judgment of the Board of Super- visors, in the public interest should ~ot be acquired through competitive bidding 3. This resolution shall be filed as a matter of public record With the minutes of this meeting. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that application be made for a Grant to the Juvenile'Detention Home in the amount of $11,708.18 from the Division of Justice and Crime Prevention to purchase audio-visual equipment, books, etc. 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 report of the Street'Light Committee be and it hereby is approved. 3300 Lumen Mercury Vapor: Merri'e~od and Route ~1 Aldridge Avenue & Route #1 Cobbs Road and State Road Central and Bermuda 7000 Lumen Mercury Vapor Light: Harrowgate and Curtis Street Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.' There was~-pres~nted a letter from Mr. Mills E. Godwin th~nking the Board for discussing with him the problems of Chesterfield County. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that M. W. Burner be again appointed to represent the County of Chesterfield on the Appomattox River Water Authority for a term of four (4) years. 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 this Board employ Mr. Dan Robinson and Mr. Robert Fitzgerald to represent the County of Chesterfield in the Federal Court action in an effort to obtain a greater amount of the Revenue Sharing funds. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela a~d Mr% O'Neill. On motion of Mr. Ap~erson, seconded by Mr. Myers, it is resolved that Judge D. W. Murphey and Mr. E. Merlin O'Neill, be, and they hereby are appointed to represent the County of Chesterfield on the CODAC Commission. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that this Board adjourns at 8:10 P.M. to October 15, 1973 at 7:00 P.M. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. M. W. Burnett, Secretary Irvin G. Homer, Chairman