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02-22-1978 MinutesBOARD OF SUzERVIoORS MINUTES FEBRUARY 22, 1978 ~upervisors in Attendance: Mr. E. Merlin O'Neill, Chairman Mrs. Joan Girone, Vice-Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman ~r. R. Garland Dodd ~r. Nicholas M, Meiszer, Co, Ad min, Staff in Attendmnce: Mr,' Stanley Balderson, Acting Dir. of Ommmnity Develo..mnent Mr. Raymond Birdsong, Fmgi~r Mrs. Joan Dolezal, Secretary Mr. John Harmon, Right~-of~-Way Agent Mr, Richard McElfish, Env, Eng. Mr. Steve Micas, Co, Attorney Mr. Robert Painter, D~r. of Utilities Mr, Bill Poole, Senior Planner Mr. Willis Pope, Right-of-Way Mr. Charle.~ Quaiff, Supt. of Accts. and qRecords Mr. David Welc~mns, A~st. Dir. of Utilities 7he meeting was called to order at the Chesterfield County ~ourthouse by Mr. O'Neill at 9:10 a.m. (EST) 4r. Apperson gave the invocation. 4r. O'Neill introduced members of the Matoaca High School Sovernment Class who were present to observe the Board meeting, Dn motion of Mr, Apperson, seconded by Mrs. Girone, the minutes pf February 3rd and February 8th were approved as amended. 7ore: Unanimous ]n motion of Mr, Apperson, seconded by Mrs~ Girone, consideration )f the request from Model Development Corporation for reimbursement for lowering the 16 inch water line along Salem Church Road ~as deferred until March 8th to allow time for a meeting between ~11 parties involved andMr. Apperson. rote: Unanimous )n motion of Mrs. Girone, seconded by Mr. Bookman, the request" ~rom the developers of the proposed Crossroads Shoppers World ~t Route 60 and.Courthouse Road for approval to construct a private pump station to serve their property if the financing of the gravity sewer for the area did not materialize was approved prOvided the develooers make a firm and reasonable offer to ~articipate in the ~xtension of the gravity sewer to their ~roperty at this time and subject to the following conditions: The pump station and connection to the proposed sewer be at the developers cost without refunds. The on-site sewers be designed so the property can be conn.ected to the gravity system when available. The developers furnish an irrevocable letter of credit in the amount of $20,000 to be used to finance the extension of gravity sewer in the future. 2. III. e VIII. The developers grant the County a sewer easement through their property for the future gravity sewer, The developers acquire the necessary easement between their property and the outfall sewer. The plans for the pump station be approved by all agencies as required, Vote: Unanimous On motion of Mrs, Girone, seconded by Mr. Bookman, it was r~ that C, Po=te= Vaugh~n be granted an~extension of time until June 30, 1978,~ to ~pay'.the County $15,000 wh$ch is the!remaining balance 'on Contract S72~54CD/3 in addition to 6% interest, Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, it was resolved that the engineering costs of approximately $6,000 for ,the Drewry's Bluff sewer mains be paid from the Bermuda Escrow Fund, Vote: Unanimous Mr· Painter stated that the Utility Department had met with property owners on the east side of 1-.95 at Walthall~in .an effort to'finance the extension of public sewer to serve this area, He stated that the estimated cost was between $50,000 and $57,000 but that. it was anticipated that the extension would be financed by the developers with no refunds from connection fees, On motion of Mr. Dodd, seconded by Mr, Apperson, the concept of.sewer service to the Walthall Interchange area was approved, Vote: Unanimous On motion of Mr, Dodd, seconded by Mrs. Girone, it was resolved that the water agreements with Allied Chemical Corporation and Philip Morris Incorporated be deferred until March 8, 1978. Vote: Unanimous On motion of Mr, Dodd, seconded by Mr, Apperson, the County Administrator was authorized to sign a deed of dedication from DoUglas D. and Janet S. Norris, accepting said deed on behalf of the County, said deed being for the right of way for the road serving about 15 properties adjacent to Cameron Hills Subdivision. Vote: Unanimous On motion of Mr, Dodd, seconded by Mr. Apperson, the County Administrator was authorized to sign a deed of dedication from La Societe Des 40 Homes Et 8 Chevaux Voiture Locale 1530, Inc., accepting same on behalf of the County which is for a 20 foot widening strip along Happy.Hill Road. Vote: Unanimous. On motion of Mrs, Girone, seconded by Mr. Apperson, the Chairman of the Board was authorized to execute deeds conveying the property for the Brighton Green Lagoon back to the original grantors. ~-49 Vote: Unanimous Mr, Pope stated Mr, Bernard Savage had requested the County's aid in obtaining an easement across Izaak Walton Park for a sewer to serve property in the vicinity of Lucks Lane and Coalfield Road, Mr. Apperson stated he had spoken to the President of Izaak Walton Park and no ane had contacted him regarding this matter and that he, too, was a member on the Board at the Park and no one had spoken with him, Mr. Savage was present and stated he would like the County's help with this matter, Mr, Apperson stated it did not §eem that Mr. Savage had tried very hard to obtain the cooperation of the Park asSociates. On motion .of Mrs. Girone, seconded by Mr~ Dodd, this matter was deferred until March 8, 1978. Vote: Unanimous Mr. Painter stated that sometimes developers will solicit the help of the County prior to talking with the people because the people, after being approached by developers and then being approached by the County, will already be alienated against the County as well as the developers thus makingithard to~rkanythingequitableout.. Mr. Pope stated the Bermuda Square Associates have requested that the County assist them in the acquisition and condemnation, if~necessary, of a drainage easement for the Bermuda Square Shopping Center. .Mr, Morris Mason, attorney representing Bermuda Square Associates, stated Mr, Morton Goldmeyer who is the noteholder agreed but he still needed to have some people in Petersburg sign this as well for the fee simple owners, He stated there should not be any problem with any of these matters, but if there 'should be, he would like condemnation authorized as a precautionary measure because otherwise this project could be held up for a year. Mr. Dodd inquired if he were sure this matter was settled. Mr. Mason stated he felt it was and that condemnation would not be needed, that it was as he said before just a precautionary measure and that he would notify the County as soon as all the papers had been signed to stop any condemnation proceedings.to acquire thedrainageeasement. After further consideration of the matter, it was on motion of Mr, Dodd, seconded by Mr, Apperson, resolved that the County Utility Department be authorized to assist the Bermuda Square Associates in obtaining an off-site drainage easement for the Bermuda Square Shopping Center and further it was resolved that the County Attorney be auth6rized to institute condemnation proceedings against Mr, John O, Cole if the amount offered is not accepted, Be it further resolved that the County Administrator notify Mr, Cole by registered mail of the intention of the County to enter upon and take the property which is to" be the subject of said condemnation proceedings if it becomes necessary to hold said condemnation proceedings. An emergency existing, this resolution shall be and it hereby is declared in full force and effect immediately upon passage. Vote~ Unanimous Mr. Mason stated the Board agreed to pay up to $3,300 for the lowering of the sewer line at the proposed Bermuda Square Shopping Center and the actual cost will be closer to $10,800. He asked that the Board consider paying half of this cost. Mr. Dodd inquired if competitive bids had been received. Mr. Mason stated he thought this was the only one received, After further discussion Of the matter, it was on motion of Mr. Dodd, s~conded by Mr, Bookman, resolved that this matter be deferred until March 8, 1978. Vo t e ~ Unanimous 75-50 16. I. 4.m. 4.m. Mr. Mason also discussed with the Board the drainage situation being experienced in this same location and stated most of the water was coming from beyond the shopping center area. He inquired if something could be done, It was generally agreed that Mr, Mason should contact Mr, Rich~rd'McElfish regarding this matter,~withpossible consideration at the ~l~rch8, 1978meeting. Mr, Richard J. Pearce of Riverside Hospital, Consultants for the Nursing Home, was present and summarized the Operational Analysis which they had prepared which completed the contract with the County. He stated that the Nursing Home had improved and was in better shape than before due to better manag~nent, that the quality of care is outstanding and that the Nursing Home should be operated like a business. He also outlined their findings regarding the administration, financial situation and operational performance. Mr, Dodd stated he had received complaints that food was not being served hot. Mr, Pearce explained Some of the problems regarding the food and stated that ARA was in the process of resolving that problem. Mrs. Girone stated that perhaps the County might want to consider other agencies for this food service such as SAGA, Mr, Dodd questioned the suggestion of another Board looking over the Nursing,iHome. Mr, Pearce stated they did not recommend another Board, but thought that perhaps a committee should be set up to consider all the various possibilities. Mr.~. Pearce discussed the Nursing Home bond issue and stated he had some problems with the structure and the reimbursement. After further discussion of the matter, the Board thanked Mr. Pearce for a fine job, ". Mr. Meiszer stated that three requests from the Utilities Department and one from Central Accounting had been received to grant employees eXtended sick leave, with pay. Mr. Micas stated that according to the Personnel Ordinance adopted by the Board this could not be done because provisions for it were not pro~id'edo Mr, George Bowles, Mr. Moses Scott or Mr. 3ohn Hancock cannot be given such extended sick leave under the new ordinance without setting a precedent; andthat this would not apply to Mr, Mr, Welbie Seymour because he did have accrued overtime which could be applied in this case and did not require Board action, After further consideration of this ~atter, it was on motion of Mr, Dodd, seconded by Mrs. Girone~ resolved that these requests for Messrs, Bowles, Scott and Hancock be deferred until March 8, 1978, Vote: Unanimous On motion of Mrs, Girone, seconded by Mr, Dodd, March 22, 1978 at 10:00 a.m, was established by the Board as a public hearing. date for an amendment to the Route 60/147 Drainage District. Vote: Unanimous On motion of Mr. Doddl seconded by Mrs. Girone, the Board accepte~ an agreement between the County and the JJH Corporation, develop- ers of Timsberry Trace, Section I, and authorized the Chairman to sign a save-harmless agreement with the Highway Department for certain drainage ieasements that may be necessary to be acquire for Timsberry Trace, Section I, Vote: Unanimous 78-51 4.C. , Apperson queStioned the suggestion of a day meeting regarding the secondary road budget~ ~Mrs,· Girone stated there was not too interest at last year's meeting and at that time it was decided to hold a day Meeting. After consideration of this matter it was on motion of Mr,I Apperson, seconded by Mrs. Girone, ~ resolved that April 12, 1978, at 11:00 a.m, be set as the date and time to ~conduct a public hearing on the draft budget for Year 1978~79 budget for improvements to the Secondary Roads in Chesterfield County, : Unanimous' 4.m. Poole stated the Board approved a resolution repurchasing parcel of land from Mr, J. Richard Seeds at the Airport Park on February 8, 1978. He stated that Mr. Seeds like the taxes to be included in that price, Mr, Micas stated that according to the restrictive covenants of the )orr Industrial Park, Mr. Seeds does not have a choice of or not to sell the property back to the County, the has no obligation to pay for the taxes on the land and to do so would definitely set a precedent, After further scussion of the matter, it was on motion of Mrs. Girone, secondei the Mr. Doddi' resolved thattheBo~rd pay only $14,300whichwas the purchase price for the land owned.at the Airport Industrial Park by Mr. J. Richard Seeds. Unanimous except for Mr. Bookman ~ion: Mr, Bookman motion of Mrs. Girone, seconded by Mr. Dodd, the Board of Supervisors amended Section D-3 of the County of Chesterfield Industrial Park Restrictive Covenants to require a · size of the principal building, excluding buildings for airplane.storage and/or service of 4,000 square feet for the 1.43 acre parcel of land located on the southwest side of )ine Road between property of Custom Metal, Inc. and L. Ankerman and Richmond L, Large, for development of a business for Mr. and Mrs. Charles M, Dees, : Unanimous . Apoerson expressed some concern about the square footage requirements for building at the Airport Industrial Park. added that he would like this matter investigated further to see if it would be equitable and satisfactory, to all concerned if the square footage requirements were reduced. Don Pavell was present to discuss his proposed agreement wi~h the County of Chesterfield for the sale of land at the Airport Industrial Park, Mrs. Girone stated she had some problems with the proposal and added she understood that Mr. Pavell would refrain from certain activities for a year after leaving the County's employment. Mr. Micas stated that when Mr. Pavell was hired, he had agreed to refraining from dealing with the sale of County property for at least a year. Mr. Pavell stated he did not remember this stipulation. further consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that the proposal as submitted by Mr, Don Pavell be rejected, After Vote: Unanimous 4G. On motion of' Mr; Apperson, resolution was adopted: seconded by Mrs~Girone , the following 78-52 .Whereas, the Richmond Area MetropolitaB Planning Organiza- ion constitutes the forum for comprehensive, coordinated, and ontinuing planning for local and regional transportation ystems; and Whereas, the activities of the Richmond Area Metropolitan lanning Organization currently are restricted by the lack of an Lgreement with the Greater Richmond Transit Comoany, the 'irginia Department of Highways and Transportation and ~-95 Review Agency~ and Whereas, the proposed "Memorandum of Understanding for a lontinuing, Comprehensive Transportation Planning and Programming 'rocess for the Richmond Urbanized Area~' constitutes an .ppropriate document for establishing the aforementioned agreement; Now, Therefore Be It Resolved that the Chesterfield ounty Board of Supervisors recommends that the Chairman of the ichmond Area Metropolitan Planning Organization endorse, at iis earliest convenience, the aforementioned "Memorandum of .g, 'ote: Unanimous motion of Mr. Bookman, seconded by Mr. Dodd, it was resolved .hat the Chairman be authorized to sign a real estate sales ~ontract with Mr. and Mrs, V, E. Pace to ourchase a 1.43+ acre .t the Airport Industrial Park at $15,000'~per acre (tota~ cost f $21,450) which parcel is located betwee~ Applied Fluid Power Ankerman and Large. 'ore: Unanimous Meiszer stated this time and date had been scheduled for a ublic hearing relating to the establis~ent of a Central Voter District, There being no o~e present, it was motion of Mr, Bookman, seconded by Mr, Apperson, resolved hat the following ordinance be adopted: "An ordinance to amend the Code of the County of' Chesterfield, 1975, as amended, to establish a Central Absentee Voter District" Be it ordained by the Board of Supervisors of the County f Chesterfield: (1) That the Code of the County of Chesterfield is and reenacted as follows: There is hereby established a central absentee voter ~lection district in the Circuit Court Conference Room on the ~irst floor across from the Circuit Court Judges Chambers at the :hesterfield Courthouse for the purpose of receiving, counting recording all absentee ballots in. all elections cast within he County. Such central absentee voter election district shall 'eceive, count and record all absentee ballots in accordance with he requirements of §24.1-233.1 of the Code of Virginia and all ther applicable provisions of law. This shall be effective ebruary 1, 1978, for a period of twelve months, : Unanimous 6.A. motion of the Board, the Richmond Area Association for the ~d was granted permission to construct a 30'x64' shelter ~ext to the Dining Hall at Camp Baker with funds they had ~eceived from a private source and be it further resolved that Lll permits and fees for the construction of this facility 7g~53 .e waived. Unanimous 4.F. motion of Mrs. Girone, seconded by Mr, Bookman, the following :esolution was adopted: Whereas, the Richmond Area Metropolitan Planning )rganization has expressed its willingness to work with the .ocalities on development of planS required under the Clean ~ir Act Amendment of 1977~ and Whereas, the Richmond Area Metropolitan Planning Organiza- :ion has requested a positive expression from the localities lng the willingness for the MPO to conduct this planning ~ffort and whereas the appointment of one elected and one 2echnical representative to the Technical Advisory Col~m~ittee this project is necessary, Now, Therefore, Be It Resolved that the Board of Supervisors ~f Chesterfield County requests the Richmond Area Metropolitan anization to assume responsibility for the development of ~lans required under the'Clean Air Act Amendments of 1977; and Further, Be It Resolved that the following persons are Lppointed to the Technical Advisory Committee for this project. J. Ruffin Apperson _ Elected Representative James P. Zook TeChnical Representative Unanimous 6.m. motion of Mr, Bookman, seconded by Mr. Apperson, the Board Lpproved construction of a skid pad to:be located across from :he new high school off Courthouse Road with funds being provided ~y a Highway Safety Grant for initial construction and to be :ompleted with funds from a follow-up grant, the only contribution the County being the land, which skid pad will be used to :rain emergency fire, police and rescue drivers as well as drivers if:all County vehicles. Unanimous 6.C. motion of Mr. Dodd, seconded by Mr. Bookman,i it was resolved :hat all bids be rejected for the relocation of the triple- ~ide trailer currently housing the Mental Health Clinic for the ~olice Department and further be it resolved since the bids for :he relocation were too high, that the Director of General ;ervices be authorized to negotiate a lower price for completion )f this work, rote: Unanimous motion of Mr. Bookman, seconded by Mr. Apperson, the following ~rganizations were granted permission to conduct bingo games and/ raffles until December 31, 1978: 2, 3. 4. Lyttle Youth Sports Association, J, G. Hening Elementary P.T.A. Salem Church Athletic Association Dale Volunteer Fire Department Inc, re: Unanimous motion of Mr. Apperson, seconded by Mrs. Girone, it was 'esolved that the following livestock claims be approved for ayment in the amounts as indicated: 78-54 10. 11. 12. 13.A. 1, Hubert Ward ? 6 fowl - $18,00 2, Welton Cashion - 3 pigs - $60,00 3, Welton Cashion -. 1 pig -. $30,00 4, George Henshaw - 1 calf - $50,00 5, Herman L. Gibson ~ 16 fowl ~ $48,00 'ote: Unanimous Dn motion of Mr, Bookman, seconded by Mr, Apperson, the following erroneous tax claims were approved for payment: ~alter E. Durham ~stelle L, Durham 4illiam J, Hoppe ~, Leroy Weinstein Personal Property Tax-1977 Personel Property Tax~1977 Professional Fee-- 1977 Speculative BuilderLicense~1977 $ 34.20 1,44 6,64 47,53 ;ote: Unanimous )n motion of Mr. Apperson, seconded by Mr. Bookman,! it was resolved that the Chairman be and he hereby was authorized to execute a lease modification agreement between Chesterfield $ounty and Aero Industries, which agreement simply describes nore accurately the area at the Airport leased by Aero Industries, ~ote: Unanimous Dn motion of Mr, Dodd, seconded by Mrs. Girone, a public hearing ~as scheduled for Mar~h 22, 1978, at 10:30 a,m, to consider ~ long term lease with Massey Coal and Maryland Coal .and Coke ~ompanies for construction of a hangar at the Chesterfield County Airport. Vote: Unanimous On motion of Mr, Dodd, seconded by Mrs. Girone, the Chaiman was authorized to enter into an agreement with Seaboard Coast Line Railroad for the construction of a fully lighted and controlled railroad crossing on West Road in Chester of which cost the State will pay $47,700, Seaboard Coast Line will pay $38,800 and the County agrees to pay for any necessary changes in communication and signal line facilities which are estimated to be approximately $558,80, Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, Mr. I, C. Deane~ was appointed to the Personnel Appeals Board for a period of three years, which term will expire on December 31~ 1980. ~ote: Unanimous Dn motion of Mr, Dodd, seconded by Mr. Apperson, Mr. Robert W, Carlson and Mr. John Waddill were appointed to the Mental Health and Mental Retardation Services Board for a period of three years, which terms will expire on December 31, 1980, Vote: Unanimous On motion of Mr. Bookman, seconded by Mr, Apperson, the Board received the 'audit reports for the Nursing Home, 1976 and 1977, and for Revenue Sharing, 1977, Vote: Unanimous 78-55 15. It was generally agreed that a work session on the revised County Code be held at 2:30 p,m, on March 8, 1978, 16. A,.B, C, D, E, F, G, H Mr, Meiszer stated the County had received an acknowledgement of its contribution to the Crippled Children's Hospital and a thank you note from Mr, John Harwood for the flowers when he was ill, He stated the Board had been furnished copies of the annual reports from the Animal Control Department and the Utilities Department, He distributed copies of an Industrial Pamphlet, a report on self-insurance for health and hospitaliza- tion benefits and a letter from the Chesterfield County Library~ Board regarding the proposed bond referendum. He added further that the Highway Department had formally accepted the following roads into the State Secondary System: Belmont Hills West, Section A West Road - Beginning at end of state maintenance (State Route 837) westerly 0.08 mile to its intersection with Old Creek Road. O. 08 mi Old Creek Road - Beginning at its intersection with West Road northerly 0.07 mile to its intersection with Welch Drive, thence northerly 0.08 mile to its inter- section with Manning Road, thence northerly 0,11 mile to its intersection with Old Creek Terrace, thence northerly 0.06 mile to its intersection with Slate Road, thence northerly 0.06 mile to its intersection with Old Creek Court. 0,38 mi Welch Drive - Beginning at end of state maintenance (State Route 2199) westerly 0.10 mile to its inter- section with Old Creek Road, 0.10 mi Manning Road - Beginning at its intersection with Old Creek Road westerly 0,07 mile to a temporary turnaround, 0.07 mi .Old Creek Terrace - Old Creek Terrace beginning at its intersection with Old Creek Road westerly 0.09 mile to a cul-de-sac. 0.09 mi Slate Road - Beginning at its intersection with Old Creek Road westerly 0.12 mile to its intersection with Slate Court, thence westerly 0,04 mile to a temporary turn- around, 0.16 mi Slate Court - Beginning at its intersection with Slate Road northerly 0.06 mile to a cul-de-sac. Old Creek Court - Beginning at its intersection With Old Creek Road westerly 0.05 mile to a cul-de-sac. Old Creek Terrace - Beginning at its intersection with Old Creek Road westerly 0.03 mile to a cul-de-sac. 0,06 mi 0.05 mi 0,03 Watch Run, Section III Watchspring Drive - Beginning at its intersection with Watchlight Drive (State Route 2372) westerly 0.06 mile to its intersection with Watchspring Court, thence westerly 0.11 mile to its intersection with Creekrun Drive, Watchspring Court - Beginning at its intersection with Watchspring Drive westerly 0.09 mile to a cul-de-sac. 0.17 mi 0.09 mJ 78-56 Watch Run, Sections III ~and IV Watchrun Drive -Beginning at its intersection with Watchlight Drive (State Route 2372) westerly 0.12 mile to its intersection with Watchrun Court, thence westerly 0,08 mile to its intersection with 0reekrun Drive, thence westerly 0,04 mile to a dead end, 0,24 mi, Watch Run, Section IV Watchrun Court -. Beginning at its intersection with Watchrun Drive southerly 0,09 mile to a cul-de--sac, Creekrun Drive ~. Beginning at its intersection with Watchrun Drive southerly 0,15 mile to its inter~. section with Watchspring Drive, thence southerly 0.03 mile to a temporary cul-de-sac, 0,09 mi. 0,18 mi, 17. Mr, Ramsey presented the Board with two budget supplements-- one being the surplus analysis and the other the statement of beginning and ending surplus. Mr. Meiszer presented the Board with the budget and stated that it was proposed in every respect, He stated under the proposed budget there would be no tax increase, that it was presented in an entirely different format than previous years which emphasized the services being offered rather than the department offering it, etc. Mr. Apperson expressed some concern about trash pick-up and the fact that there was a possibility that in areas where trash was collected more than.once a month, it might be illegal to burn trash, He added that older people cannot afford the $60-$100 a year that it would cost to pay for this collection, and that the County may have to consider a pick-up at a greater frequency which would'effect the budget. After further disCussion of the matter, it was generally agreed that the County Administrator investigate what cooperation the County could get from private companies with regard to various areas in the County est.ablishing sanitary districts, It was generally agreed that the Board would meet on March 3rd at 2:00 p,m. to review the budget with Mr. Meiszer, Mr. Meiszer was authorized to review the budget further looking for areas that could possibly be cut. The Board thanked Mr, Ramsey for his efforts in preparing the budget. On motion of Mr, Dodd, seconded by Mrs, Girone, the Board adjourned for lunch. Vote: Unanimous' Reconvening: 18. 78S025 In Matoaca Magisterial District, Ms, Catherine B, Drewry requested a Mobile Home Permit to park a .mobile home on property which belongs to H, and E. Boyd, parents of the applicant, and better known as 16104 Edgewood Drive. Tax Map Sec, 149-14 (13) Searcy, Sec. 4, Block C, Lot 2 (Sheet 41), Mr, Boyd was present and stated he would like to locate a mobile home behind his house for his daughter and her family to live for about 2 years, He stated all the property owners agreed but have recently changed their minds. Mr, Fred Bilter and Mr. Clyde Hamlet stated their objections because a trailer located in the neighborhood would devalue their property. 78-57 Mr. O'Neill inquired if there would be any objection to a permit for 2 years, Several peoplepresant voiced their objection to any permit being approved, Mr~, Boyd stated he had soent $50 for nothing since the people had changed their mind] After further consideration of the matter, Mr. Boyd agreed to withdraw his request, On motion of Mr, O'Neill, seconded by Mr, Bookman, the request for withdrawal was accepted and it was further resolved that Mr, Boyd be reimbursed his $50 f~e for this application, Vote: Unanimous 78S026 In Bermuda Magisterial District, Mr. Bobby J, Martindale requested a Mobile Home Permit to park a mobile home on property which he owns and better known as 4641 Ecoff Avenue. Tax Map Sec. 115-10 (1) parcel 7-1 (Sheet 32), Mr. Dodd stated that he recognized the fact that there was no opposition to this request but that he did not feel this was the proper place to locate a mobile home, Mr. Martindale stated that he intended to build a home and would like the permit for only 2 years. Mr. Dodd stated he did not want to grant a permit for a long length of time, After further consideration of the matter, it was on motion of Mr. Dodd~ seconded by Mr. Bookman, resolved that this request be Approved.for a period of oneyear, Vote: Unanimous 77S164 In Matoaca Magisterial District, Herman L, and Fay K. Wells requested a Conditional Use for five years to permit the operation of an automotive and small truck repair and body shop in an Agricultural (A) District on a parcel fronting approximately 400 feet on Graves Road and being located approximately 7,000 feet east of its intersection with River. Road, Tax Map 172 (1) parcel 95-1 (Sheet 48), There being no opposition present, it was on motion of Mr. O'Neill, seconded by Mr. Dedd, resolved that the request be and it hereby was approved subject to the conditions listed below: This Conditional Use shall be granted to permit the exclusive operation of an automobile and small truck repair and body shop on a parcel of land located 175 feet north of the north line of Graves Road and shown as outlined in red' on a plat dated February 7, 1978, a copy of which is attach- ed hereto and made a part of this Conditional Use approval, The area for the operation is further defined on the plat by the designation "business use area", After the November 30, 1978, expiration of the existing Special Exception, a buffer area shall be established 175 feet in width, running parallel with the applicant's front property line along Graves Road for the entire width of the lot. This buffer area shall be maintained exclusively for Agricultural (A) and/or Residential use throughout the term of this. Conditional Use. An exception to this buffer shall permit a single parallel access drive, not greater than 30 feet in width. This drive may serve the "business use area" shown on the attached plan, Prior to November 30, 1978, all conditions pertaining to the November 5, 1975, Special Exception for the operation of a business within the buffer area shall apply. ?8-58 3, Prior to the commencement of any operation in the "business use area" the applicant shall construct a solid board or masonry type fence, not less than 6' in height, along the front line of the'designated "business use area", The applicant shall decorate the ~front side of said fence with cedar trees and shrubs of sufficient height and density which together with the fence shall totally and attractively screen the business operation from view along Graves Road. The applicants shall keep and maintain the fence in a good and '. attractive state of repair, Solid constructed gates may be used in lieu of solid line fencing for ingress and egress, provided such gates are kept closed when not in use, 10. 11. 12. No'junk or inoperable vehicles or parts thereof shall be stored other than in the designated "business use area". The storage of junk vehicles and parts thereof shall not be visible above the height of the fence or from the road, The parking of automobiles awaiting repair and pick-up shall be restricted to an area behind the solid fence. Customer's vehicular parking shall be provided and maintained within the "business use area". .Customer vehicular parking shall be prohibited outside of the "business use area," Ail repair work shall be conducted entirely within enclosed structures in the "business use area", No more than three (3) employees, other than the applicant and his wife shall be engaged in this operation, Ail exterior lighting shall be so designed and mounted as not to project into adjacent properties. Only one sign identifying this business shall be permitted, This sign shall be either 2'x4' or 3'x3', The sign shall be of a similar design as depicted on the renderings submitted with the application dated October 18, 1977, and may be erected in the buffer area along Graves Road, This sign shall be neither illuminated nor shall it be luminous. A detailed site and erosion control plan shall be submitted to and approved by the Department of Community Development prior to the issuance of any building permit. A buffer having a width of not less than 30' shall be provided along the rear and side property lines of the "business use area", This buffer shall be maintained in an existing vegetative state with no trees, shrubs or other ground cover being cleared, cut or otherwise disturbed. Hours of operation shall be restricted to between the hours of 8:00 a,m, and 8:00 p!m. Monday through Saturday, No Sunday operation shall be permitted. The above noted conditions notwithstanding all minimum requirements as applicable in the Convenience Business (B-I) District shall apply to the use of this parcel, ~ote: Unanimous 77S222 In Midlothian Magisterial District, Robert G, Jones requested a Conditional Use to operate a retail furniture store in an Agricultural (A) District on a .92 acre parcel fronting approximately 200 feet on the north line of Midlothian Turnpike · nd located opposite its intersection with Otterdale Road. Tax ~ap 15 (1) part of parcel 2 (Sheet 7). Mr, Balderson stated the applicant had requested withdrawal of this application, On motion of Mrs. Girone, seconded by 78-59 Mr, Bookman, the Board accepted withdrawal of this application, Vote~ Unanimous Mro O'Neill excused himself from the meeting, 78S001 In Matoaca Magisterial District, Harrowgate Associates requested rezoning from Agricultural (A) to Residential (R,.9) of a 130 acre parcel.fronting approximately 871~17 feet on Tarris Road and located approximately 870,45 feet west of its inter- section with Harrowgate Road. Tax Map 132-11 (1) parcels 90 and 91 and Tax Map 132-15 (1) parcels 92-97, 104 and 105, (Sheet 41), Mr, Charles Townes, representing Harrowgate Associates, was present, There being no opposition to this request~ it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request was approved. Vote: Unanimous 78S002 In Bermuda Magisterial District, Jeannette W, Southall requested rezoning from Convenience Business (B-l) and Community Business (B-2) to Residential (R-7) of a 4.94 acre parcel fronting approximately 300 feet on Jefferson Davis Highway also fronting approximately 310 feet on Happy Hill Road and located in the northeast quadrant of the intersection of these roads and better known as 15741 Jefferson Davis Highway, Tax Map 149711 (5.) parcel 2, (Sheet 41). There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that this request be approved. Vote: Unanimous O'Neill returned to the meeting, 78S003 In Clover Hill Magisterial District, Whitestone Associates- Durham Development Corporation requested rezoning from Agricultural (A) to Residential (R-9) of a 40,17 acre parcel lying 800 feet off the south line of Midlothain Turnpike and located at the southern terminus of Wadsworth Drive, Tax Map 28-6 (1) parcel 4 (Sheet 8). Mr. Delmonte Lewis was present. Mr. Bookman inquired about thg' homes abutting existing houses in Scottingham, Mr. Lewis stated that any lots that should abut existing lots in Scottingham would have homes built with at least!l,800 square feet. A couple in the audience questioned the creek and how the drainage would be handled. Mr. Balderson stated that matter would be addressed at the Planning Commission when subdivision approval was discussed There being no opposition present, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved. Vote: Unanimous 78-60 78S004 In Midlothian Magisterial District, M, Shevel Siff and Jean F. Siff requested rezoning from M H-1 to General Business (B-3) of a .23 acre parcel fronting approximately 50 feet on the north line of Midlothian Turnpike and located approximately 1,550 feet east of its intersection with Buford Road, Tax Map 18-16 (1) part of parcel 32-1 (Sheet 8). Mr. McGinnis was present representing the applicant, There being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be and it was.approved subject to the following conditions which are that a buffer strip shall be required along the eastern property line having a width of at least 30 feet. This buffer strip shall be retained in its present condition (paved). The only permitted use of the buffer strip shall be as a means of ingress and egress to the residents of the E1 Rancho Mobile Home Park as well as customers using the business on the subject property. This buffer strip shall not be used for the purpose of vehicular parking or building. Vote: Unanimous 78S007 In Bermuda Magisterial District, J. L, Longest and H, H. Dodge requested rezoning from Residential (R-7) to Agricultural (A) plus a Conditional Use to build a medical office building on a parcel fronting approximately 180 feet on Richmond Street also fronting approximately 260 feet on Percival Street and being located approximately 70 feet south of their intersection with Old Hundred Road. Tax Map 115-7 (2) Chester, Block N2, Lots 40lB, 406 and 407. (Sheet 32). Mr. Carl Morris and Mr. Longest were present. There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: The following conditions notwithstanding, the site plan and the building elevation submitted by C. W. Huff, Jr. - J. Carl Morris and Associates, Inc. dated September, 1977, and revised on October 3, 1977, shall be considered the plan for an architectural'style of the proposed development. Subdued colors shall be used in all exterior materials for all structures. Prior to issuance of any building permit, a 10 foot strip along the north property line shall be dedicated to and for the County of Chesterfield free and unrestricted o The following conditions notwithstanding the bulk require- ment of the Office Business (0) District shall apply to development of this parcel. It should be noted that the building and parking setbacks as well as the number of park- ing spaces shown on the site plan submitted with the application do not meet Zoning Ordinance requirements. The 12 existing trees shown on the attached sketch shall be retained as part of the overall landscaping plan. Ail trash receptacles or mechanical equipment located out- side the building shall be screened with materials that blend with the proposed building. 7. No free standing sign shall be permitted. 8. The western entrance onto Old Hundred Road shall be shifted 7~-61 east so that it is at least 25 feet from the intersection of Percival Street, or eliminated and access provided to the site from Percival Street, The exact location of this entrance shall be established during the site plan review process with appropriate coordination with Virginia Depart- ment of Highways and Transportation. Vote: Unanimous 78S008 In Clover Hill Magisterial District, Walmsley-Goodes Bridge Associates requested rezoning from Residential (R-7) to Agricultural (A) plus a Conditional Use to permit offices and warehouses on a parcel fronting approximately 130 feet on Walmsley Boulevard, also fronting approximately 280 feet on Goodes Bridge Road and located in the northeast quadrant of the intersection of these roads. Tax Map 40-6 (1) parcel 5 (Sheet 15). There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be approved subject to the following conditions: The uses permitted under this Conditional Use shall be restricted to one or more of the following uses: business or professional offices, general contractor's office and warehouses. Thirty feet of right-of-way measured from the centerline of Goodes Bridge Road shall be dedicated to and for the County of Chesterfield free and unrestricted prior to the issuance of any building permits. A 20 foot wide buffer strip shall be required along the entire length of the eastern property line. A double row of evergreen ornamental trees and shrubs shall be planted within this buffer. These plants shall be at least five feet high when installed. Along the western edge of this buffer, a wall or solid board fence not less than 8 feet in height shall be installed. (This wall is a require- ment of the Chesterfield Zoning Ordinance Section 24 1-7 Paragraph 2). ' ' No outside storage shall be permitted. The other conditions notwithstanding bulk requirements of the Convenience Business (B-l) District shall apply to the development of this parcel. The southern and western sides of the proposed building s~gll be covered with a facing of wood siding, brick or split block. The building shall be designed so that the offices front these two sides. The sketch'site plan submitted with the application shall be considered the basic plan of development. It should be noted that the plan, as submitted, does not meet setback require- ments for paving, possibly the required number of parking spaces, and vehicular circulation on the western side will not be acceptable. This site plan shall be modified to comply with Chesterfield County Zoning Ordinance prior to receiving final site plan approval. ~te: Unanimous 78-62 78S009 In Clover Hill Magisterial District, Richard M. Allen and LaVerne C. Cole requested a Conditional Use to permit the construction of 39 multi-family units on a parcel fronting approximately 300 feet on Simons Drive also fronting appro][~mate- ly 250 feet on P±ppen Lane and located in the southeast quadrant of the intersection of these roads. Tax Map 41-9 (1) parcel 13 (Sheet 15). Mr. Allen and Mr. Cole were present and stated they would comply with the conditions recommended .by the County staff and as by the area residents. Mr. Bob Wolfe presented the Board with petitions signed by 67 area residents in opposition to the request but requesting certain conditions should the request be approved. After consideration of the matter, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be approved subject to the following conditions: The following conditions notwithstanding the site plan prepared by Austin Brokenbrough & Associates dated November 1, 1977, and submitted with the zoning applica- tion shall be considered the plan of development for the project. No building shall be located closer than 25 feet to any property line. No patio shall be located closer than 15 feet to any property line. No balcony shall be permitted along the south side of the two apartment buildings proposed along the southern property line. The architecturaI style for the proposed apartment buildings shall be similar to the existing apartments. A chain-link fence, not less than 6' in height, shall be installed along the southern property line from Simons Drive to within 50' of Goldfinch Drive. This fence shall be set 7' inside the property line with a hedge of Ligustrum Lucidum planted between the fence and the property line. These plants shall be at least 24" high when planted and shal] be Placed not more than 5' between centers and midway betWeen the fence and the property line. A bond of $500.00 shall be posted to pay for replanting of any of these shrubs which die during the first two years after planting. The owner shall have the first two years responsibility to replant any shrubs which die, to maintain the hedge in a workmanship like manner and to keep the hedge free from briars, honey- suckle and other obnoxious plants and weeds. Prior to planting the hedge and installing the fence, the owner shall submit a grading plan for the 7' between the property line and the fence to the Division of Development Review for .~. approval. The fence shall be installed and the hedge planted prior to the issuance of any certificate of occupancy for any multiple family unit between the end of Simons Drive and Chippenham Parkway. A minimum of three tot lots shall be provided. These tot lots shall be constructed in conjunction with the construction of the apartment units and must be completed as apartment units are occupied, 7. All buildings shall be separated by a minimum of 30 ft. 8. All ,buildings shall be setback a minimum of 25 feet from any private driveway and the minimum of 15 feet from any parking area. 9. All parking areas shall be paved utilizing curb and gutter. 78-63 10. 11. 12. A detailed grading plan showing existing and proposed topography, erosion control, hydraulic calculations and storm sewer systems shall be required prior to the issuance of building permits. This plan shall be submitted during the site plan revieW process. County standard fire hydrants and fire lanes shall be required as specified during site plan review, Simons Drive shall remain closed to through traffic at the property line and a gate shall be maintained across this street, This gate shall be locked with'a chain and padlock, A narrow walkway not more than two feet wide shall be maintained at one end of the gate which will be padlocked until the community and the association agree on opening this walkway or having it remain padlocked. Vote: UnanimOus 78S010 In Midlothian Magisterial District, Broad Rock Land Corporation requested rezoning from Residential (R-25) to Residential (R-15) of a 22 acre parcel lying 400 feet south of the intersection of Bondurant Drive and Blanchard Road, Tax Map 26-8 (1) parts of parcels 2, 3, and 4. (Sheet 7). Mr. David M. White was present representing the applicant. Mrs. Girone inquired what would be done with the remaining portion of the parcel to the north. Mr. White stated it would remain R-25. A representative of the Stonehenge Civic Associa- tion was present and inquired about Bondurant Drive. Mr. Balder- son stated that it would connect with this subdivision when the northern R-25 portion was developed. There being no opposition to this matter, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be approved. Vote: Unanimous Mr. O'Neill excused himself from the meeting. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board authorized the County Administrator to proceed with plans for the addition to the existing building and further authorized him to enter into a contract with the firm of Wiley and Wilson for this work. Vote: Unanimous After some discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that the firm of WestonEnvir~ental~eers be hired to workwithCounty staff on the 1-295/288 Project and further it was resolved that an amount not to exceed $15,000 be and it hereby was appropriated from the Unappropriated Surplus of the General Fund to fund this cost which project is to be completed by April 1, 1978. Vote: Unanimous Mr. O'Neill returned to the meeting, 78-64 Mr. Painter reviewed the sewer refund policy with the Board members stating that policies and ordinances prior to the amend- ment approved by the Board on February 25, 1976 provided for refunds of the total connection fee up to the cost of the oversize and/or off-site improvements and since 100% of the connection fee was refundable in subdivisi~ms, 100% of the connection fee was refunded, where applicable, for commercial development. He added that on February 25, 1976, the Board amended the sewer ordinance to, among other changes, increase the connection fee for single family units connected to sewer's installed by the developer from $300 to $600. The refund policy was also changed to increase the amount of refund per unit from $300 to $500 which left $100 per connection for repayment of debt, etc. He ~stated the refund at this time did not speak directly to refunds from commercial connections so they had refunded 5/6 of the connection fee. He stated further that the ordinance was amended on April 28, 1977, to increase the connection fee from $600 to $700 and the refund policy remained at $500 per unit or for commercial refunds 5/7. Mrs. Girone stated she was in favor of the policy as it was in 1960. Mr. Micas stated if this were done, he would prefer the Board making it effective on a certain date and not being retroactive. Mr. Apperson voiced his concern about subdivisions which are now pending and how it would affect them. ~%r. Micas stated '~this would affect pending sub.divisions that had not signe a sewer agreement. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr, Dodd, resolved that the following ordinance be adopted on an emergency basis with a public hearing to be held on April 12, 1978, at 10:30 a.m.: "An Ordinance to amend and reenact Section 20-32 of the Code of the County of Chesterfield, 1975, as amended, relating to the Sewer Extension Policy" Be it ordained by the Board of Supervisors of Chesterfield County: (1) That section 20-32 of the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 20-32. Sewer extension policy. (a) When it is determined that a project contributing above normal flows will overload the sewerage faciliti'&s immed- iately, the County may prohibit the construction of the project or require the developer to replace or parallel the overloaded facilities. (b) If the County permits a developer to make an extension outside of his subdivision or development or if he is required to install a sewer larger than required for his development or constructs a pumping station or treatment facility, the County may reimburse the developer 100 percentum of the connec'~ tion fee paid within the developer's project, not to exceed the actual cost of the additional improvements. The County may, at its own option, elect to pay for the additional improvements when the facilities are completed or to apply a portion of funds received from others who may connect to these facilities. The County will not participate in any additional cost unless competitive bids are taken. No refund will be made for an extension of two hundred feet or less. Vote: Unanimous except for Mr. Apperson. Absention: Mr. Apperson because he feels the County will be on shaky ground for~pending subdivisions, 78-65 20. Messrs. Bob Painter, Jake Limerick, Charles Quaiff and Dr. Bruce Hulcher were present to discuss the Comprehensive Water Study for Chesterfield County. Dr. Hulcher presented a slide program showing the rate of use of water today, the anticipated use in the future, the available water supplies which were the Appomattox River, Swift Creek, Falling Creek and the James River. He stated that a deficit would be experienced if no action were taken in the immediate future, that the portion of the County north of Route 360 would be experiencing water problems in 1984 and south of Route 360 would by 1981, etc. Mr. Painter went over the areas that should be considered priorities, other projects that were badly needed and projects that did not have encumbered funds. Mr. Bookman inquired what the delay was on the bond sale. Mr. Micas stated that everything was being delayed until a financial statement was completed. After further discussion of the matter, the Board thanked those present for their presentation. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved funding the Land-of-Pines project subject to 90% of the people signing the petition contracting with the County to connect to the water line. Vote: Unanimous except for Mr. Apperson. Nays: Mr. Apperson stated he felt the Board was playing games with itself by not seriously considering where water was needed but basing it on percentages~ On motion of Mrs. Girone, seconded by Mr.. Apperson, the Board went into Executive Session to discuss legal matters. Vote: Unanimous Reconvening: On motion of Mr. Dodd, seconded by Mr. Bookman, the Board adjourned at 5:30 p~m, until 2:00 p~m~ on March 3, 1978. Vote: Unanimous It is here noted that the Board of Supervisors did not hold their scheduled meeting on March 3, 1978, due ~to inclement weather. Nicq~olas M. Meiszer Administrator E. Merlin 0 Neill, Sr~.~ ~ Chairman 78-66