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06-28-1978 MinutesBOARD OF SUPERVISORS MINUTES JUNE 28, 1978 Supervisors in Attendance: b~r. E. Ymrlin O'Neill, Sr., Chairmmn Mrs. Joan Girone, Vice Chairman Mr. J. Rnffin Apperson Mr. ¢. L. Bookman Mr. R. Garland Dodd Mr. Nicholas ~. Mmiszer County Administrator Staff in ~Attendance: Mr. Bruce i~d~nble, Asst. Co. Attorney bk. Jeffrey Mazzy, Director of Comnunity Development Mr. Lane Ramsey, Budget Director Mr. David Welchons, Asst. Director of Utilities ~rs. Girone called the meeting to order in the absence of the Shairman at the Courthouse at 9:05 a.m. (EDST). ~r. Dodd gave the invocation. )n motion of Mr. Dodd, seconded by Mr. Apperson, approval if the minutes of June 14, 1978 was deferred until July 12, .978. Tote: Unanimous )n motion of Mr. Dodd, seconded by Mr. Apperson, the following ~ater~contr.acts ~ere.appro~ed'and .the County Administrator was ~uthorized to'sign Said cOn'tracts: W78-38CD (6(7)8382) Providence Pines Developer: William B. and Gene H. Duval Contractor: On-site, W. E. Duke & Sons, Inc. Off-site, Vir§inia Backhoe and Trenching Estimated Contract Cost: p45,120.00 Esimated County Cost: $11,850.00 Refund through connections Code: 366-11684-8071 W78-64CD (6(7)8642) Stonehenge, Section "H" Developer: Bonarco Corooration Contractor: Fred W. Barnes Construction Company Estimated Contract Cost: $63,391.85 Estimated County Cost: $ 9~040.95 Refund through connections Code: 366-11684-8071 ~o te: Unanimous ~r. Welchons stated that the Board had previously approved an ffer from Mr. W. B. Du~al and Mr. T. K. Woodfin who were to pay certain portion of a water line extension ~10ng Twilight Lane to serve Providence Pines Subdivision. He ~dded that Mr. Woodfin has decided he does not want to participate ~ut Mr. Dural has agreed to pay Mr. Woodfin's share as well as ~is own. After consideration of the matter, it was on motion ~f Mr. Bookman, seconded by Mr. Apperson, resolved that the kgree~ent to Payth~a Cost of the Water Iine Extension be n~difiedto inch~e ~he change that Mr. W. B. Duwal will be paying the amount indicated ~r~ Woodfin would pay as Well as his own share~ ~ote: Unanimous 78-241 Mr. Welchons stated the Virginia Department of Highways and Transportation has requested approval of an agreement for the adjustment of water facilities and sani'cary sewer facilities on Route 651, Belmont Road, and Route 150, Chippenham.Parkwa¥, but ~here is some reservation about who will bear the c~t oS mazntenanc~ os the lines w?~[ch were previously outside the VDH&T right-of-way and which end up under the roadbed. Under the agreement as proposed, the County will have to be responsible for the maintenance costs. After consideration of the matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this agreement be approved subject to further negotiations with the Highway i)epartme~t with regarc to the maintenance of these lines by the Highway Department. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved an agreement with the Virginia Department of Highways and Transportation for adjustment and improvement of water facilities on Route 613, Willis Road, subject to further negotiations with the Highway Department with regard to the maintenance of these lines by the Highway Department and further appropriated $].5,819 from 563 surplus to 380-61031-2340 Construction Contracts for the purpose of replacing a 6" line with a 16" water line. Vote: Unanimous On motion of Mr. Dodd seconded by Mr. Apperson, it was resolved by the Board of Supervisors of the County of Chesterfield, Virginia, in regular meeting assembled that the County Admin- istrator be and he hereby is authorized to enter into an agreement with the Seaboard Coast Line Railroad Company and to sign same on behalf of said County whereby said Railroad Company grants unto said County the right of license to install and maintain, for the purpose of conducting water, a line of pipe across the right of way and underneath the spur track of Licensor at Bermuda Hundred, Virginia, as particularly described in said agreement, which agreement is dated May 22, 1978, a copy of which agreement is filed with this Board of Supervisors. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, it was resolveB by the Board of Supervisors of the County of Chesterfield in regular meeting assembled that the County Administrator be and he hereby is authorized to enter into an agreement with the Seaboard Coast Line Railroad Company and to sign same on behalf of said County whereby said Railroad Company grants unto said County the right or license to install and maintain a water main across the right of way and under said Railroad Company's lead track at Bermuda Hundred, Virginia, as particularly described in said agreement which agreement is dated May 22~ 1978, a co~y of which agreement is filed with the Board of Supervisors. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the Board appropriated $3,618.00 from 563 surplus to 380-61030-8070 for Water Contract W78-58CD (6(7)8582), Sambo's Restaurant, Hull Street Road, which will be for oversized lines. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the following sewer contract was approved and the County Administrator was authorized to sign said contract: 78-242 o o XlI. S78-54CD (7(7)8542) Stonehenge, Section "H" Developer: Bonarco Corporation Contractor: Fred W. Barnes Construction Co., Inc. Cost: $].73,628.08 County Cost: $ 13,020.95 Code: 573-11781-8071 ~ote: Unanimous it was generally agreed to defer consideration of a request ~rom Mr. G. A. Crowder for a reduced sewer connection fee to ;erve property at 5101 River Road until the Supervisor from :he area was present. )n motion of Mr. Dodd, seconded by Mr. Bookman, the Board ~ccepted an agreement between the County and the Virginia )epartment of Highways and Transportation for a drainage ~itch along Coxendale Road for Proctors Creek Sewage Wastewater ~reatment Plant and authorized the COunty Administrator to.sigma save- harmless agreement with the Virginia Department of Highways and Transportation for certain drainage adjacent to Coxendale Road or the entrance to the Proctors Creek Sewage Wastewater treatment Plant, a copy of which agreement is filed with the ~apers of this Board. Tote: Unanimous Dn motion of Mrs. Girone, seconded by Mr. Dodd, the Board denied the counteroffer fcom Mr. A. D. Blankenship and 3essie M. Blankenship in the amount of $1~500 for a water ease- ment along Robious Road and further it was resolved that the County Attorney be authorized to institute condemnation rocee~ings against the property owners listed below if the amount fferea by the County and set opposite their names is not acgepted. D. Blankenship and Jessie M. Blankenship - , Robious Road - $25.00 ~ote: Unanimous )n motion of Mr. Dodd, seconded by Mr. Bookman, the Board authorized the County Administrator to accept a deed of dedicatiOn on behalf of the County from E, .I, DuPon.t & Company, Inc, fo= a 20 ft, Wilde ~strip.:Of land a~j~cent .to BeIlwOod Road, Vote: Unanimous Mr. Pope stated that he had received a request from C. Por'ter Vaughan requesting the County's aid in acquiring a water easement from Mrs. Eva Wooldridge along Old Bon Air Road. He stated Mr. Vaughan had offered $150 for the easement but she had requested $800. After consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the County Attorney institute condemnation proceedings against the property owner: listed below if the amount offered bv the County and set opposite her name is not accepted. And be it ~further resolved that if a reasonable offer is refused, the iCounty Administrator notify the property owner by registered mail o't the County's intention to enter upon and take the property which is the subject of said condemnation proceedings. An emergency 78-243 o mxistin$, this resolution is and shall be and it hereby is declared in full force and effect immediately upon passage, all Df the above being subject to Mr. C. Porter Vaughan signing a standard agreement with the County that he will pay to the County the costs involved in acquiring this easement. ~rs. Eva Wooldridge Old Bon Air Road $150.00 ~ote: Unanimous ~r. Meiszer stated this time and date had been scheduled to =onsider the vacation of a 50 ft. right of way in Westover Farms · t the request of Wayne M. and Ella J. P. Foster, Mr. and Mrs. Foster were pre~ent and sooke in favor of closing the road because they felt it ~id not serve any practical ~urpose, that it was a detriment to the Foster's home, that the ~oad becomes impassable in the winter months and felt that it ~as a safety.hazard being located so close to both homes. ~r. Greg Tucker and Mr.~ and Mrs. Tom Hamilton were present and ~tated they felt the road should remain open because people ~se the road regularly, they plan to build homes and subdivide lots on the road and that the road may be needed in future years, Rt. Dodd inquired how long the Fosters had lived in the neighbor- ~ood. Mrs. Foster stated since November. Mr. Dodd stated he ~ad sympathy for their problem but felt that they moved in- ~o a situation that existed, other homeowners in the area ~ad lived there for years and heCoitldnot see closing the road chen they felt it was needed. After further discussion of the ~atter, it was on motion of Mr. Dodd, seconded bv Mr. Apperson, ~esolved that the request to vacate a 50 ft. right of way in ~estover Farms, better known as Sunset Boulevard, be denied. rote: Unanimous ~r. Meiszer stated this time and date had been scheduled to ~onsider an ordinance to vacate a street of 50 ft. in width ~nd 395.60 feet in length located in Pocoshock Hills. There ~as no one present in opposition to this request and four eople present in favor. After further discussion of the matter t was on motion of Mr. Bo~kman, seconded by Mr. Dodd, resolved that the following ordinance be adopted subject to the retention ~f the sewer easements: An Ordinance to vacate a street of 50 feet in width and 395.60 feet in length which street is located in Pocoshock Hills in the Clover Hill Magisterial District of Chesterfield County as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 7, Page 131. Cnereas, Raymond J. Dilley, Sr., has petitioned the Board of ;upervisors of Chesterfield County, Virginia, to vacate a street of 50 feet in width and 395.60 feet in length which is located in ~ocoshock Hills in the Clover Hill Magisterial District of ]hesterfield County, Virginia, and is more particularly shown on plat duly recorded in the Clerk's Office of the Circuit Court of ;aid County in Plat Book 7, Page 131~ made by G. D. Hubbard, CLS,~ tated July 26, 1940. The street petitioned to be vacated is more ~ully described as follows: A street of 50 feet in width which begins 15 feet east of its intersection of Pocoshock Boulevard and runs in an eastwardly direction for a distance of 395.60 feet as more 78-244 fully shown shaded in red on a plat made by G~ D. Hubbard, CLS, dated July 26, 1940, a copy of which is attached hereto and made a part of this ordinance. ~hereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950. as amended, by advertising; and, Whereas, no public necessity exists for the continuance of the street sought to be vacated. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: %hat pursuant ~to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, the aforesaid street is hereby vacated as it is no longer necessary for public use. ~his ordinance shall be in full force and effect in accordance ~ith Section 15.1-482 (b) of the Code of Virginia, 1950, as amended and a certified copy of this ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Shesterfield, Virginia, pursuant to Section 15.1-485 of the Code ~f Virginia, 1950, as amended. The effect of this ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This ordinance shall vest fee simple title in the portion of the street vacated in the owners of the abutting lots free and clear of any rights of public use. Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantor and Raymond J. Dilley, Sr. and Elizabeth R. Dilley, his wife, and R~ger Livesay and Bessie A. Livesay, his wife, as grantees. Vote: Unanimous except for Mr. Apperson who abstained. Mr. Dodd excused himself from the meeting. Mr. Meiszer stated this time and date were scheduled for consider- ation of an ordinance to vacate a 50 ft. street in width and 114 feet in length located in the Village of Bensley. There being no one present to discuss this matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this resolution be adopted with the understanding the sewer and water easements be retained: An Ordinance to vacate a street 50 feet in width and 114 feet in length which street contains .13 acre, more or less, and is located in the Village of Bensley in the Dale Magisterial District of Chesterfield County as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of said '~ County in Plat Book 3 at Page 195, and in Deed Book 172~ at Page 222. Whereas, John R. Moseley has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a street of 50 feet in width and 114 feet in length which is located in the Village of Bensley in the Dale Magisterial District of Chesterfield County, Virginia and is more particularly shown on a plat thereof dulv recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 3 at Page 195 and in Deed Book 172 at Page 222. A portion of the Village of Bensley was resubdivided as Falling Creek Hills by plat recorded in Plat Book 11 at Page 7. The street petitioned to be vacated is more fully described as follows: 78-245 A street of 50 feet in width and 114 feet in length, which contains .13 acre, more or less, which begins on the south line of Stanwix Lane in the Village of Bensley and bounded on the west by the Falling Creek Subdivision and runs in a southerly direction. The location 'of said street is more fully shown shaded in red on a plat made by Virginia Surveys, CLS, dated May 11, 1977, a copy of which is attached hereto and made a'part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the street sought to be vacated. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: IThat pursuant to Section 15.1-482 (b) of the Code of Virginia, 11950, as amended, the aforesaid street is hereby vacated as it is no longer necessary for public use. The grantees hereby reserve unto the grantors a joint water and sewer easement which is 30 feet in width and 114 feet in length~ and which easement runs in a northerly and southerly direction through the portion of Wentworth Street hereby vacated as more fully shown on the attached plat. This ordinance shall be in full force and effect in accordance with Section 15.1-482 (b) of the Code of Virginia, 1950. as amended and a certified copy of this ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this ordinance pursuant to Section i5.1-483 is to destroy the force and effect of the recording of the portiOn of the plat vacated. Since the portion of Wentworth Street hereby vacated is located on the periphery of the aforementioned recorded subdivision plat, this ordinance shall vest fee simple title of the entire width of the portion of the street vacated in the owners of the two abutting lots on the eastern side of Wentworth Street free and clear of any rights of public use. Accordingly, this ordinance shall be indexed in the names of the County of Chesterfield as grantor and Dodd's Incorporated and P. A. Stillman and Emma N. Stillman, husband and wife, as grantees. Vote: Unanimous Mr. Dodd returned to the meeting. Mr. Pope stated that the Utility Department would like authorizatio~ to condemn property owners in Lake Crystal Farms, 'Contract S73-44C. Mr. Bookman stated negotiations were underway and perhaps the sewer line may be rerouted but in the event negotiations fail and the County and the property owners do not agree upon an alternate location, it was on his motion, seconded by Mr. Apperson, resolved that the County Attorney be authorized to institute condemnation proceedings against the pro- perty owners listed below if the amount offered by the County is not accepted within 30 days and if the County and the property owners do mot agree to an alternate location for the se~r line. And be it further resolved that the County Adninistrator notify the said propertv~ owners by r~iste~_ed ..-mil not sooner than 30 days hereafter of the County's intention to ~nter upon and take the ~roceedings. property which is the subject of said condennation An emergency~existing, this resolution is and 78-246 shall be and it is hereby declared in full force and effect immediately upon passage. William F. and Edna K. Chavis Raymond A. and Norma B. Anderson Robert C~ and Signe E. Paul Raymond W. and Barbara V. Norkus S73-44C $108.50 S73-44C 157.50 S73-44C 161.25 S73-44C 232.50 Vote: Unanimous Mr. Les Saunders, attorney representing Mrs. W. T. Garnett, stated that his client suffered damages by the County in 1968 for a pier which the County has not properly replaced. He stated the amount of the estimated cost to repair the pier and the amount that his client would be willing to accept in settlement of an outstanding easement is $13,270. This. estimate was made is 1969 but Mrs. Garnett has agreed to accept this amount in order to have the matter settled. Mr. Dodd questioned the amount of money which was estimated to repair the pier. Mr. Saunders stated that this cost is as high as it is because of the equipment needed to be moved into the area and that contractor willing to do this type of work are not located in the Richmond area. Mr. Welchons stated he had contacted several contractors and they are not interested in doing this job. Several Board members indicated that perhaps an updated estimate should be obtained. Mr. Kimble indicated that this matter should be deferred until the County Attorney's Office inquires into the facts to determine if the County is legally liable for alleged damage to the pier, and until an updated estimate could be obtained. Mr. Saunders stated he would be willing to have the matter deferred but indicated any updated estimate will be at least $2,500-$5,000 higher. He added that Mrs.. Garnett would like to have this matter settled and the pier replaced because as it exists at this time, it is not safe to stand on. After further consideration of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this matter be settled and Mrs. Garnett's offer to accept $13,270 for the repair- ing of the pier and for the granting to the County of a sewer easement be approved. Vote: Unanimous except for Mr. Dodd who abstained. o On motion of Mr. Dodd, seconded by Mr. Apperson, the Utility Department was authorized to proceed with the acquisition of the right-of-way for the improvements of Route 617, Ramblewood Road, from Pinebark Road to a point 100+ feet south of Parkers Avenue and further that $17,500 be appro-priated from the Unappropriated SUrplus of the General Fund to be used for payment of the right of way acquired. Vote: Unanimous Mr. Welchons presented the Board with a list of developer water and sewer contracts approved by the County Administrator. On motion of Mr. Bookman, seconded by Mr. Dodd, the County Administrator was authorized to accept a deed of dedication on behalf of the County from Margaret H. Condrey, widow and executor of the will of James H. Condrey, for 2 parcels of land, one being 1.93 acres and the other being 4.079 aGr~es, both are across the land owned by Margaret Condrey and being west Of-C~nrthouse Road at Providence Road, between Route 60 and 360. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board authorized the Chairman to execute a contract in the amount of $2,500 with R~ W. Beck andAssociatesto prepare inforamtionfor~he ~ ~o,O00',000Water Revenue Bonds which needs to be updated and included in the Bond Prospectus subject to approval by the County Attorney. 78-247 ~o te: Unanimous Mr. O'Neill joins the meeting. There was some consideration and discussion regarding the approval and funding of an additional right-of-way agent iposition for the Utility Department. Mr. Dodd indicated his ~oncern regarding hiringneWen~loyeesWithout a study orsurvey~dmmonstrating this need. Mrl Bookman indicated he thought a survey o~ the work and how much is being done should be prepared. Mr. Apperson stated he would like to have a t~le 'and cost per hour schedule wOrked up and possibly consider receiving some c0m~ensationfromthe developers. Mr. O'Neill excused himself from the meeting. On motion of Mr. Apperson, seconded by Mr..Bookman, the Board approved the following budget adjustments for the close of the 1977-78 fiscal year: 1. County Attorney (111-01700): Increased Expenditures: 1020 County Attorney $ 1,900 1040 Summer Intern 800 2060 Dues & Subscriptions 300 2990 County Code Supplement 1,'000 Total ~ 4~0'00' Decreased Expenditures: 111-31400-2300 111-31400-9991 Legal Fees $ 2,300 Contingencies }~700 Total ~ ,000 2. Clerk of Circuit Court (111-04100): Increased Expenditures: 3190 Office Supplies Total 4,100 4,100 Decreased Expenditures: 111-31400-9991 111-31400-2170 Contingencies Telephone Total 1.985 2,115 4,100 3. Police (111-06100): Increased Expenditures: 111-06120-4997 111-06120-4980 111-06140-4990 Plan. & Res. Grant Criminal Justice Data Grant Community Rel. Total $ 31,289 14,085 62,478 $107,852 Increased Revenue: 111-00000-8416 Police Grants $109,132 B109~132 Transferred $1,280 to the Surplus of the General Fund. 78-248 Recreation and Parks (111-31200)- Increased Expenditures: 111-31210-1020 Director 6,000 6,0'0'0' Decreased Expenditures: 111-31230-1091 Park Police Total 6,000 6, ooo Transfer to Schools: Increased Appropriation: 111-34121-9410 Schools $1, ooo,, 000 $I,000,000 Utilities Storeroom (768-11690): Increased Expenditures: 3230 Materials and Supplies Total 160~000 1160,00'6 Increased Revenue: 768-00000-6112 Sales Total $ 160,000 '$ 160,000 Various CETA contracts were approved by the Board during the year for which appropriations were not made. They are as follows: Title VI Sustainment Summer Youth Employment Microfilming Project (B) Community Development: Industrial Parcel File Land Use Data Project Improved Inspection and Clerical Support Sign Survey and Installer Project Economic Resources Research Project Total $ 18.285 62,892 21,302 20,9 ~ 31,035 8,232 11,879 $ 184,831 Increased the various expenditure accounts by $184,831 and increased planned budget revenue account 220-00000-8770 CETA Grant by $184,831. .a. Decreased Appropriated Transfers to Caoital Projects Fund in the Water County Construction Fund by $32,600. b.Decreased Appropriated Transfers to Capital Projects Fund in the Water Meter Installation Fund by $].29.716. c. Increased Appropriated Transfers to Capital Projects Fund in the Water Improvement, Replacement and Extension Fund by $63,674. d. Decreased Appropriated Transfers to Capital Projects Fund in the Sewer Bond Fund by $242,209. e. Increased Transfers to Capital Projects Fund in the SeWer Improvement, Replacement and Extension Fund by $2.033,510. Ail of the above transfers reoresent balances for current projects outstanding as of April 30, 1978. 'o te: Unanimous 78-249 6.A. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Court Ridge Road and Court Ridge Terrace in Court Ridge Subdivision, Clover Hill District. Upon consideration whereof, and on motion of Mr. Dodd, seconded. by Mr. Apperson, it is resolved that Court' Ridge Road and Court Ridge Terrace in Court Ridge Subdivision, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Court Ridge Road, beginning at Millridge Parkway, State Route 1920, thence southeasterly 0.05 mile to Court Ridge Terrace, thence easterly 0.12 mile to a cul-de-sac; Court Ridge Terrace, beginning at Court Ridge Road thence southwesterly 0.05 mile to a cul-de-sac. These roads serve 31 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of- way for all of these roads. This section of Court Ridge is recorded as follows: Court Ridge Subdivision, Plat Book 27, Page 50 and 51, October 22, 1976. Vote: Unanimous This day the County Environmental Engineer, in ~accordance with directions from this Board, made report in ~iting upon his examination of Planters Wood Road, Morning Hill Lane and Morning Hill COurt in Planters Wood, Section 3, Clover Hill District. i Upon consideration whereof, and on motion of Mr. Dodd, seconded by Mr. Apperson, it is resolved that Planters Wood Road, Morning Hill Lane and Morning Hill Court in Planters Wood, Section 3, Clover Hill District, be and they hereby are established~as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Planters Wood Road, beginning at State Route 1939 thence northerly 0.03 mile to a dead end; Morning Hill Lane, beginning at Planters Wood Road thence southeasterly 0.02 mile to Morning Hill Court thence 0.09 mile to a cul-de-sac; Morning Hill Court, beginning at Morning Hill Lane thence north and easterly 0.08 mile to a cul-de-sac. These roads serve 31 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 40' right- of-way for all of these roads except Planters Wood Road which has a 50' right-of-way. This section of Planters Wood is recorded as follows: Section 3, Plat Book 28, page 38, March 15, 1977. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Boamd made report in writing upon his examination of Quail Hill Drive, Quail Meadows Lane, Quail Meadows Court, Quail Meadows Place, Quail Hollow Lane, Quail Hollow Court and Quail Hill Court in Quail Hill, Sections 1, 2 3 and 4, Clover Hill District. 78-250 Upon consideration whereof, and on motion of Mr. Dodd, seconded by Mr. Apperson, it is resolved that Quail Hill Drive, Quail Meadows Lane, Quail Meadows Court, Quail Meadows Place, Quail Hollow Lane, Quail Hollow Court and Quail Hill Court in Quail Hill, Sections 1, 2, 3 and 4, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Quail Hill Drive, beginning at Brandermill Parkway (State Route 1921) thence northwesterly 0.03 mile to Quail Meadows Lane thence north and northeasterly 0.04 mile to Quail Hollow Lane, thence northeasterly 0.04 mile to Quail Hill Court, thence northeasterly and westerly 0.15 mile to 'a temporary turnaround; Quail Meadows Lane, beginning at Quail Hill Drive thence southwesterly 0.06 mile to Quail Meadows Court, thence 0.03 mile to Quail Meadows Place, thence northwesterly 0.07 mile to a cul-de-sac; Quail Meadows Court, beginning at Quail Meadows Lane thence northwesterly 0.06 mile to a cul-de- sac; Quail Meadows Place, beginning at Quail Meadows Lane thence south and southwesterly 0.08 mile to a cul-de-sac; Quail Hollow Lane, beginning at Quail Hill Drive thence westerly 0.03 mile to Quail Hollow Court, thence southwesterly 0.12 mile to a cul-de- sac; Quail Hollow Court, beginning at Quail Hollow Lane thence north and easterly 0.10 mile to a cul-de-sac; Quail Hill Court, beginning at Quail Hill Drive thence southeasterly and north- easterly 0.09 mile to a cul-de-sac. These roads serve 94 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 40'~right-of- way for all of these roads except Quail Hill Drive which has a 50' right-of-way. These sections of Quail Hill are recorded as follows: Section 1, Plat Book 24, Page 28, June 2, 1975. Sections 2 and 3, Plat Book 24, Page 45, July 16, 1975. Section 4, Plat Book 25, Page 45, December 8, 1975. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Alfaree Road and North Verlinda Court in Kendale Acres, Section 3, Dale District. Upon consideration whereof, and on motion of Mr. Dodd, seconded by Mr. Apperson, it is resolved that Alfaree Road and North Verlinda Court in Kendale Acres, Section 3, Dale District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department~of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Alfaree Road, beginning at its intersection with Hopkins Road, State Route 637, and goes .23 mile westerly thence .05 mile southerly to tie into existing Alfaree Road, State Route 2063, North Verlinda Court, beginning at intersection with Verlinda Drive, State Route 2072, and goes .08 mile northerly to a cul-de-sac. These roads serve 33 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of- way for all of these roads. This section of Kendale Acres is recorded as follows: Section 3, Plat Book 22 Pages 13 14 and 15, March 28, 1974. ' ' Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Burge Avenue, Bermuda District. 78-251 6.B. 7.A. 7.B. Upon consideration whereof, and on motion of Mr. Dodd, seconded by Mr. Apperson, it is resolved that Burge Avenue, in Bermuda District, be amd it iS~he~-eby established as a public rOad. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Burge Avenue, beginning at its intersection with Crossblades Street thence southerly 0.05 mile to a temporary turnaround. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways and Transporta- tion a 50' right-of-way for this road. This road is recorded as follows: Plat Book 29, Page 35, July 29, 1977 - Burge Road Extension. Vote: Unanimous Mr. O'Neill returned to the meeting. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board accepted an agreement between the County and Brandermill, the developers of Ouail Hill, SeCtions 1, 2. 3,,~nd 4, ~nd authorized the dountyAdministrator to ~i~a'savmharm%e~s,.agreementwith the Highway Department for certain drainage easements that may~be necessary to be acquired for Quail Hill, Sections 1, 2, 3. and 4. Vote: Unanimous Mr. Apperson inquired about Vepco's policy for installing street lights for private individuals and if the County had to notify Vepco of County approval prior to installation. Mr. McElfish stated Vepco was currently under a suit and they may have changed their policies for this type of installa- tion but he would check into the matter. On motion of Mr. Apperson, seconded by Mr. Dodd, the street light requests for Freedom Lane and at the intersection of Stanwix Lane and Strathmore Road in Dale District were denied because they did not meet the street light installation requirements. Vote: Unanimous The Board received two petitions from the Hickory Hills Estates Community Council regarding the conditions of the roads in their area. Mr. McElfish presented additional information concerning previous contacts with the developer and the Highway Department regarding this subdivision and its roads. After further consideration of the matter, it was on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that the County Attorney institute suit against the developer of Hickory Hills Estates, R. G. Martz, Inc., for the purpose of improving the roads to State standards, Vote: Unanimous On motion of Mr. O'Neill, seconded by Mrs. Girone, the Board denied the request to install a pathway along Hickory Road with the understanding that the possibility of obtaining this right of way be investigated. Vote: Unanimous Mr. Apperson excused himself from the meeting. 78-252 8.A. iO.A. 10.C. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance relating to sewer connection fees for commercial, industrial and institutional customers. Several of the Board members had questions regarding the proposed ordinance which had been adopted on an emergency basis on May 24, 1978. Mr. Kimble answered several ~[uestions concerning the meaning of the Ordinance. The Board wanted the Utilities Department present to answer several questions concerning application of the ordinance by the Utilities Department and deferred the matter until later in the day. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance relating to handicapped parking. Mr. John Smith was present and stated his concern that this ordinance, if adopted, be rigidly enforced. The Board assured Mr. Smith that as manpower permitted the ordinance would be enforced in the County. Mrs. Girone stated she felt citizens should have respect for thsse parking spaces as well. There being no further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr, Bookman, resolved that the following ordinance be and it hereby was adopted: "An Ordinance to Amend and Reenact 414.1-14 of the Code of the County of Chesterfield, 1975, as amended, Relating to Handicapped Parking and to Provide for a Penalty." Be it ordained by the Board of Supervisors of Chesterfield County: (1) That 414.1-14 of the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 14.1-14. Unlawful parking generally. (15) In a parking space reserved for the handicapped at privately owned shopping centers and business offices, except persons possessing and properly displaying a special vehicle parking permit issued by the Division of Motor Vehicles pursuant to ~46.1-254.2 of the Code of Virginia; handicapped persons driving a motor vehicle displaying a state license plate or decal issued pursuant to ~46.1-104.1 of the Code of Virginia or a person transporting a handicapped person displaying such plate or decal; and disabled veterans driving a motor vehicle displaying special license plates issued pursuant to §46.1-149.1 of the Code of Virginia or a person transporting a disabled veteran in a motor vehicle displaying such special license plates. Vote: Unanimous Mr. Meiszer stated that item 9 relating to a resolution authorizing the County Attorney to enforce a lien for delinquent real estates taxes was not needed because.the taxes were paid. It was generally agreed to defer additional appointments to the Chesterfield County Heritage Commission. On motion of Mrs. Girone, seconded by l~r. Bookman, Mrs. Carol Coukos, ReVerend Jeff Kellam and Mrs. Mary Ann Warren were appointed to serve on the Chesterfield County Youth Services Conm~ission effective July 1~ 1978, ~thMrs. Coukos serving until June 30, 1979, Rev. Kellam serving until June 30. 1981, and Mrs. Warren serving until June 30, 1980, all of which represent the Midlothian District. Vote: Unanimous 78-253 11. 8.A. 13. Mr. Apperson returned to the meeting. Mr. Welchons was present and the Board again discussed the adop~ion of an ordinance relating to sewer connection fees for commercial, industrial and institutional customers. >~r~ Welchons in answer to questions by the Board stated that the Utility Department will give credit for additional businesses after the one acre fee has been paid. Hence, if a customer pays and later locates another business on the property and pays $1,200 for that business, it is'the policy of the Utilities Department to refund $550 to the customer. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that the following ordinance be adopted: An Ordinance to Amend and Reenact 820-27 of the Code of the County of Chesterfield, 1978, as Amended, Relating to Sewer Connection Fees for Commercial, Industrial and Institutional Customers. Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That §20-27 of the Code of the County of Chesterfield is amended and reenacted as follows: Section 20.27. Same--Charges--Generally. (g) Commercial, industrial and institutional. (1) Existing. When application is made within time allotted by the County after notice is given that sewer service is available, twelve hundred dollars per acre with a minimum charge of six hundred dollars for each such establishment; thereafter, seventeen hundred fifty dollars per acre with a minimum charge of twelve hundred dollars for each such establish- ment. (2) New. When sewer extension is made by developer, twelve hundred dollars per acre wtih a minimum charge of six hundred dollars for each such establishment. (3) New commercial connected to sewer not installed by the developer. Seventeen hundred fifty dollars per acre with a minimum charge of twelve hundred dollars for each such establish- ment. Vote: Unanimous On motion of Mrs. Girone, seconded by ~.~r. Dodd, the Board approved a renewal contract withtheJohn Tyler Alcohol Safety Action Program, Chesterfield County and the Department of Community Collegessub~ect to approved b~theCountyAttorneyas to ~orm. Vote: Unanimous Mr. Meiszer stated that there is no legal authority for the Board to delegate'to the County Administrator the authority to settle disputed AccountsReceivables less than$1,000and therefore eliminated this matter from theBoardagenda. On motion of Mr. Dodd, seconded by Mr. Apperson, it was resolved that pursuant to paragraph 10 of an Agreement dated July 10. 1968, between the County of Chesterfield and Richard L. Jones to employ Mr. Jones to sell lands purchased by the Commonwealth and to collect delinquent real estate taxes for Chesterfield County, such Agreement is hereby cancelled effective on July 10~ 1978. Vote: Unanimous 78-254 14. 15. 16. On motion of Mr. Apperson, seconded by Mr. Bookman, the following erroneous tax claims were approved for payment: Steve N. Tuck c/o John L. Weinstock Instrtmmnt Tec~hnical Repre~ sentatives Leslie V. White Ernest J. SoutAers Benjamin W. and Virginia Covington County Vehicle License County Vehicle Licenses County Vehicle License County Vehicle License 1978 Personal Property $ 15.00 41.25 15.00 15.00 21.60 Vote: Unanimous On motion of the Board, the following resolution was adopted: Whereas, Virgie Wiggins passed away on June 4, 1978, after serving the County since July 20, 1970, as an employee in the Department of Community Development; and Whereas, Mr. Wiggins has rendered a valuable service to Chesterfield County; and Whereas, it has been to the credit of the County and its citizens to have Mr. Wiggins as an employee of the County; and Whereas, it is the desire of the Board to recognize his faithful service to the County and to spread this recognition upon the Minute Book of the Board of Supervisors of Chesterfield County; Now, Therefore, Be It Resolved that this Board publicly recognizes the faithful and diligent serVice of Mr. Wiggins to his family and extends on behalf of its members and the people of Chesterfield County their sorrow at his passing; And Be It Further Resolved that a copy of this resolution be made a part of the permanent record of this Board of Supervisors' meeting of June 28, 1978. Vote: Unanimous On motion of the Board, the following resolution was adopted: ~hereas, Mr. John E. Harwood has served the Commonwealth of Virginia as Highway Commissioner and in various other capacities for 43 years; and Whereas, Mr. John E. Harwood has made a significant contri- bution to the transportation system of the Commonwealth and, particularly, within Chesterfield County; and Whereas, Mr. John E. Harwood has found it necessary to retire from his position as Highway Commissioner effective June 30, 1978; Now, Therefore, Be It Resolved that the Board of Supervisors of Chesterfield County hereby expresses its grateful appreciation to Mr. John E. Harwood for the outstanding public service which he has rendered to the people of the Commonwealth of Virginia and Chesterfield County and further expresses its best wishes and hopes for success and happiness in his future endeavors; and Be It Further Resolved that a copy of this resolution be spread upon the official Minutes and made a part of the permanent record of the Board of Supervisors'-~meetin5 of June 28, 1978. Vote: Unanimous 78-255 17. 18. On motion of Mr. Bookman, seconded by Mr. Apperson, the single bid received for the construction of a parking lot adjacent to the Health Department by E. G. Bowles Co. in the amount of $18,490.00 was accepted. Vote: Unanimous Mrs. Girone inquired when the County employees were going to park near the Exhibition Building. Mr. Meiszer stated he had asked Department Heads to request their employees do so but the employees are not cooperating as expected and General Services is in the process of obtaining stickers for employees cars. Mr. Meiszer stated the next item on the agenda was the items to be included in the proposed general obligation bond issue. Mr. Apperson indicated he could not support the recreation figures and added all the benefit of these types of facilities would be going to the Midlothian area. Mrs. Girone stated that Midlothian needs parks and that the largest portion of'the money is for the acquisition of land but that she would reduce the amount requested by $500,000. She stated that she is confident that the citizens in Midlothian will turn out heavy in support of these facilities if they are sure they will receive some benefits. Mr. Meiszer distributeda debt service schedule by which the County would have to live b¥ if the bond issue were passed as prepared. Mr. Bookman stated the schools in the southern oortion of the County were not crowded as are the northern schools. ~rs. Girone indicated she was looking at this bond issue as helping Chesterfield County and not any one or two districts. Mr. Apperson stated people who are in need of sewer will be looking at the Falling Creek Sewage Treatment Plant but will not be able to connect. Mr. Bookman stated he looked at this bond issue With two major priorities--the Falling Creek Sewage Treatment Plant and the landfill--and anything else would be what the people desired. Mr. O'Neill stated he felt the space situation at the Courthouse should be a major priority as well. Mr. Dodd stated the need in Midlothian is evident but he reduced his request because he felt the Board wanted to go with the barest of necessites but he would like to reinstate his request of $1.5 million.because Point of Rocks Park will not be a district park but an entire County park because of the facilities that will be available. Mrs. Girone stated that if the bids received for the work in Midlo- thian Came in'less, she would be glad to distribute the remainder to whichever district was in the most need and that she does not intend to just spend every cent that is approved for her area. Mr. Dodd and Mrs. Girone stated they would like to see what was suggested by the Parks and Recreation Director be listed on the bond issue. Mr. Bookman stated that Mr. Hester was hired and feels he knows what is needed throughout the County. l{r. Bookman suggested that perhaps the amount should be made an even $6,000,000 for Parks and Recreation. Mrs. Girone indicated that this amount did not include the maintenance building or land acquisition forDale District~-Afterfurtherdiscussionof~hematter~~ it.wason~n~ioaof the Board, resolved that the following items be included on the proposed general obligation bond issue in November: Falling Creek Sewage Treatment Plant Landfill Acquisition Fire Stations (3) Library Branch Courthouse Addition Parks and Recreation (As evaluated by Staff) $ 5,000.000 2=000,000 2,000,000 700,000 1,500,000 6,400,000 $17,600,000 Vote: Unanimous 78-256 10. B. 19. There was a gentleman present who inquired if one'Of the fire stations would be located at Route 1 and Route 10. Mr. O'Neill stated that one was planned for that location. The man stated the' ~olunteers at Enon were concerned about this because at the present time they have a good squad but if there is not enough to keep them interested the volunteers might not participate as much as might be needed. Mr. O'Neill explained that the paid men at Chester would probably be relocated to the fire station at Route 1 and Route 10 to help the Enon and Chester stations. The gentleman indicated that would be a better idea than staffing both the Chester and new fire station~ Mr. Meiszer stated he had received some correspondence from the Governor~'s Office from Mr. George Woodall informing the County that ICI Americas Inc. will begin a $50,000,000 expansion at the Chesterfield facility. On motion of Mr. Apperson, seconded by Mrs. Girone, Mr. Elbert Howard was appointed to the Citizens Transportation Advisory Committee of the Metropolitan Planning Organization effective immediately for a two year term. Vote: Unanimous Mr. Meiszer stated the County had received a request from Mr. G. A. Crowder for a reduced sewer connection fee to serve property at 5101 River Road. Mr~ Kimble advised the Board that they are not legally empowered to reduce sewer connection fees and that there is no discretion provided which would allow the Board to grant this ~typ_e of request. Mr. O'Neill informed the Board that this was a hardship case and it was on his motion, seconded by Mr. Dodd, resolved that ¥~. Crowder be given a $750 reduced sewer connection fee. Vote: Unanimous Mr. Meiszer distributed copies of the Land Use and Residential Development Report prepared by the Department of Community Development. Mr. Meiszer stated there would be a public hearing on August 1, 1978 at 7:30 p.m. held by the City of Petersburg on its grant application for federal fundsavailab!e through the Urban Mass Transportation Administration. Mr. Meiszer stated the Board had received a request to meet with the Chesterfield County Industrial Airpark Property Owners Association. On motion of Mr. Bookman, seconded by Mrs. Girone, ~{r. George W. Moore, Jr., Treasurer, was authorized to establish a petty cash fund in the amount of $100 in the name of Mr. Phil Hester and further the Treasurer was authorized to increase the current change fund from $25.00 to $50.00 for theMental Health and Mental Retardation Department and to change the payee from Dr. Morton Horowitz to Ms. Sandy Etta. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board authorized the County Administrator to sign a grant application for a Summer Camp for Senior Citizens to be sponsored by the Chesterfield County ParP~ and Recreation Department and the City of Richmond Parks and Recreation Department in the amount of $3,300 ~nd ~o be held at Camo Thunderbird. Vote: Unanimous 78-257 On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved a fireworks display to be held by the Brandermill Community Association on July 3, 1978~ at 9:00 p.m~ at the Sunday Park Peninsula subject to the requirements of the Chesterfield County Fire Department. Vote: Unanimous Mr. Meiszer stated the County had received approval of its application for a grant for the Chesterfield County Airport Master Plan ink,he, amount of $40,00~0. The followingresolutionwas introduc- ed bytheChai~mn, read infull, cor~ideredand adopted: Resolution Adopting and Approving the Execution of a Planning Grant Agreement between the Chesterfield County Board of Supervisors and the United States of America, Federal Aviation Administration, Providing for Federal Aid in the Development of Plans for the Chesterfield County Airport, Chesterfield, Virginia. Be it resolved, by the Chesterfield County Board of Supervisors: Section 1. That the Board of Supervisors shall enter into a Planning Grant Agreement with the United States for the purpose of obtaining Federal aid in the development of olans for the Chesterfield County Airport by executing the Acceptance of a Planning Grant Offer, and that such Offer and Acceptance, which comprise the Planning Grant Agreement, shall be as set forth hereinbelow. Section 2. That E. Merlin O'Neill: Sr., Chairman of the Board of Supervisors, is hereby authorized and directed to execute said Agreement on behalf of the Board of Supervisors, and Nicholas M. Meiszer, Clerk to the Board, is hereby authorized and directed to impress the official seal of the Chesterfield County Board of Supervisors, and to attest said execution. Section 3. That the Planning Grant Offer referred to hereinabove is incorporated herein by reference and a copy is attached. Vote: Unanimous Mr. Meiszer infomed the Board that the 1978 Local Government Officials' Conference will be held at the University of Virginia on August 20-22, 1978. Mr. Meiszer informed the Board that the Virginia Department of Highways and Transportation had formally accepted the followin additions into the Secondary System effective June 1. 1978: Clarendon, Section "B" Quisenberry Street - Beginning at McManaway Drive, thence north 0.18 mile to a dead end. 0.18 mi. Nahant Road - Beginning at State Route 2051 (Nahant Road) thence north 0.02 mile to McManaway Drive. 0.02 mi. McManaway Drive - Beginnig at Nahant Road, thence southeast 0.03 mile to a dead end. 0.03 mi. McManaway Drive - Beginning at Nahant Road, thence 0.03 mile to Quisenberry Street, thence north 0611 mile to a dead end. 0.14 mi. 78-258 20. Mr. Meiszer stated he had received a letter and resolution which the Board of Supervisors from Isle of Wight County would like Chesterfield to adopt regarding the lack of understanding and/or concern by the General Assembly regarding the urgent fiscal needs of the local governments.~ It was generally agreed that a letter be written to the Isle of Wight County Suoervisors thanking them for their interest and stating that the Board is not inclined to sign their orooosed resolution at this time. Mrs. Girone stated she had received complaints about a trailer park and the condition in which it is kept. Mr. Bookman explained that the Health Department can investigate this matter. Mrs. Girone indicated that since there are several meetings scheduled for the evening o~ July 12th that perhaps the Board could meet at 2:00 p.m. It was generally agreed that the Board hold its July 12th meeting at 12:00 noon for Executive Session with the regular open session beginning at 2:00 p.m. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board went into Executive Session to discuss personnel matters. Vote: Unanimous Reconvening: Mr. Apperson excused himself from the meeting. 78SR102 In Matoaca Magisterial District, Ms. Gloria M. Crocker requested renewal of a mobile home permit to park a mobile home on property which she owns and better known as 6716 Madison Street. Tax Map 180-15 (2) part of lot 14, Block C (Sheet 52). There being no opposition, it was on motion of Mr. O'Neill, seconded by Mrs. Girone, resolved that this request be approved for a period of five years, Vote: Unanimous 78SR103 In Dale Magisterial District, ~James B. ~Holloway, Sr, and Helen F. Holloway requested renewal of a mobile home permit to park a mobile home on property which he owns and better known as 6025 Cogbill Road. Tax Map 65-4 (1) Parcel 9 (Sheet 22). There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be approved for a period of five years. Vote: Unanimous Mr~ Apperson returned to the meetin%. 78S104 In Bermuda Magisterial District, Mrs. Virginia Garrett requested a mObil~ hom~ permit to park a m~bile home on property which she rents from Mr. Lynn A. Hamilton and better known as 7724 Senate Street. Tax Map 67-10 (3) Lots 5 and 6 (Sheet 23). Mrs. Garrett explained that she was in the process of trying to purchase the land on which the trailer is located. Mr. Dodd 78-259 21. explained that in the County you cannot rent a trailer or property on which to place a trailer except in a mobile home park. After further consideration of the matter, it was on motion of Mr, Dodd, seconded by Mrs. Girone, resolved that consideration of this request be deferred for 90 days to allow M~s. Garrett to negotiate on the purchase of the property. Vote: Unanimous 78S027 In Matoaca Magisterial District, Carl R. Bogese requested rezoning from Agricultural (A) to Residential (R-25, R-15 and R-12) of a 120 acre parcel fronting approximately 1650 feet on Happy Hill Road and located approximately 1100 feet northwest of its intersection with Marobrith Drive. Tax Map 149-2 (1) parcel 1 (Sheet 41). Mr. Bogese was present and stated he had met with the County s~.aff and was agreeable to go with the Residential (R-40) and Residential (R-12). Mr, Bo§ese presented the Board with a copy of the revised plat, Mr. Fred Gray stated the revised plat is still zoned wrong. Mr. Bogese indicated that this was an error in having the plat printed. There being no opposition present, it was on motion of Mr. O'Neill, seconded by Mr. Dodd, resolved that the.property along Happy !{ill Road and along thenorlthwest property~!ine westwardly'2~600~.f~et be rezoned to Residential (R'40)and'~hat~he remaining property be rezoned to the 'Residential (R-12)classification. Vote: Unanimous 78S029 In Dale Magisterial District, Krause Associates requested rezoning from Agricultural (A) to Residential (R-9) of an 8.7 acre parcel lying at the southern terminu~ of Simplicity Street and also lying 560 feet off the west line of Salem Church Road measured from a point 600 feet south of its intersection with Gatesgreen Drive. Tax Map 96-5 (1) part of parcel 1 ¢Sheet 31). Mr. Pete Dean was present representing the applicant. There being no opposition, it was on motion of Mr, Apperson, seconded by Mr. Bookman, resolved that this request be approved. Vote: Unanimous 78S051 In Matoaca Magisterial District, Maurice G, Floyd requested rezoning from Agricultural (A) to Residential (R-9) of a 7.62 acre parcel which lies 875 feet along the northeast line of the Seaboard Coastline Railroad also lying 770 feet along the north line of the Chesterfield/Colonial Heights line and located approximately 110 feet east of Flintlock Drive. Tax Map 175-1 (1) parcel 2 (Sheet 49). Mr. Bill Webb stated they had previously applied for Residential (R-7) zoning but were agreeable to the Residential (R-9) as recommended. There being no opposition, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that Residential (R-9) rezoning be approved. Vote: Unanimous 78-260 78S057 In Midlothian l~agisterial District, George and Nattie C. McCeney requested rezoning from Residential (R-15) to Agricultural (A) and a Conditional Use for offices of a 5.3 acre parcel fronting approximately 260 feet on Buford Road also fronting approximately 520 feet on an unnamed dedicated right-of-way and located approximately 890 feet north of its intersection with Midlothian Turnpike. Tax Map 18-16 (1) parcel 3 and Tax Map 18-15 (1) part of parcel 18 (Sheet 8). A gentleman representing the applicant, stated he was concerned with the landscaping and would not want to have flowers planted but shrubbery was acceptable. There being no one present in opposition, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: Forty-five (45) feet of right-of-way shall be dedicated from the centerline of proposed Buford Road and existing Buford Road to and for the County of Chesterfield. This right-of-way shall not be dedicated until such a time that VDH&T finalize the plans for such a relocation. Ail building and parking setbacks shall be measured from the ultimate right-of-way line. 3. ~The buildings shall have an architectural design similar to that submitted and attached to this recommendation. A thirty (30) foot buffer shall be provided along the nor property line. This buffer shall extend a length of 600 feet westwardly. The remaining 170 feet may be used for parking. Within the required thirty (30) feet, all existing vegetation shall remain with no clearing or grading permitted within the area. In cleared areas of 100 square feet or greater, dense evergreens shall be planted with an initial height of five feet. Within this buffer strip, a six foot high solid board fence shall be constructed 10 feet from the property line and vegetation shall be maintained on both sides. Sewer and water lines shall not be permitted within this buffer o A solid board fence five (5) feet in height shall be ed along the western property line where parking is adjacent to residentially zoned property. A landscaping plan shall be submitted to and approved by the Division of Development Review as part of the final site plan review. The uses permitted shall be limited to those in the Office Business (0) District. Specifically, business, governmental, and professional offices; libraries; medical clinic~; and pharmacies provided that the pharmacy is located within the same building or structure housing medical offices or clinics The above noted conditions notwithstanding, all bulk require- ments applicable under the Office Business (0) District shall apply. o The above noted conditions notwithstanding the site plan prepared by Randall A. Strawbridge, Inc. and dated May 1: 1978, shall be considered the plan of development. Vote: Unanimous Mr. O'Neill excused himself from the meeting. 78-261 78S083 In Clover Hill Magisterial District Thomas P, Carr requested rezoning from Agricultural (A) to Con~nunity Business (B-2) of a .448 acre parcel fronting approximately 100 feet on Turner Road and located approximately 1443 feet south of its intersection with Midlothian Turnpike and better known as 400 Turner Road. Tax Map 29-1 (1) parcel 4 (Sheet 9). Mr. Balderson stated the applicant has requested withdrawal of this application. There being no one present, it was on motion of Mr. Bookman, seconded by Mr, Dodd, resolved that the Board accept the request for withdrawal of the application. Vote: Unanimous 78S073 In Clover Hill Magisterial District, E, J. Bell requested rezoning from General Business (B-3) to Light Industrial (M-i) of .092 acres fr~ting approximately 50 feet on Bellson Park Drive and located approximately 380 feet south of its inter- section with Route 360 and being a portion of Bellson Commercial Park. Tax Map 48-16 (1) part of Parcel 5 (Sheet 13). Mr. Bookman complimented the applicant on the development of a very nice park. There being no one present in opposition to this application, it ~as on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be approved. Vote: Unanimous 78S074 In Bermuda Magisterial District, Thomas Hatcher Johnson requested rezoning from Agricultural (A) to Light Industrial (M-l) of !4.78 acres on a parcel fronting approximately 400 feet on Old Stage Road and located approximately 650 feet north of its inter- section with Route 10; an~ rezoning from Agricultural (A) to Heavy Industrial (M-3) of 36.49 acres fronting approximately 720 feet on Old Stage Road and located approximately 1450 feet south of its intersection with Osborne Road also fronting approximately 300 feet on Osborne Road and located approximately 759 feet west of its intersection with Old Stage Road~ Tax Map 98-15 (1) part of parcel 20; Tax Map 116-4 (1) parcel 1 and Tax Map 116-8 (1) parcel 3 (Sheet 32). Mr. Tom Johnson was present, There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved. Vote: Unanimous Mr. O'Neill returned to the meeting. 78S077 In Dale Magisterial District H. O. Lyne, III and Georgeanna M. Lyne requested rezoning from Agricultural (A) to Office Business (0) of a 7.77 acre parcel and a Conditional Use to operate a Veterinary Hospital on 1.37 acres of the 7~77 acres on a parcel fronting approximately 530 feet on Route 10 also fronting approximately 450 feet on Chalktey Road and located in the northwest quadrant of the intersection of these roads. Tax Map 114-7 (1) part of parcel 3 (Sheet 31). Mr. Lyne was present and stated he would prefer a 25 ft. buffer in lieu of the 30 ft. buffer. After further consideration of 78-262 of this matter, it was on motion of Mr. Apperson, seconded bv Mr. Bookman, resolved that this request be approved subject to the following conditions: A twenty-five (25) foot buffer strip shall be provided along the southern property line. A single access drive shall be permitted through this 25 ft. buffer. A 25 ft. buffer shall be provided along all other property lines~ A single access drive shall be permitted through the 25 ft. buffer, adjacent to the eastern property line to Chalkley Road. No clearing or grading shall be permitted within these buffer areas; under- brush may be cleared. No buildings, parking or other facil- ities shall be permitted within these buffer areas. o Ail buildings shall have a Residential design. Final site plans and renderings of structures sbmll be submitted to the Division of Development Review for approval. Ail exterior lighting shall be low profile in nature and have a maximum height of 15 feet. One sign, not to exceed four (4) square feet, shall be permitted for the Veterinary Hospital. One additional ~gn, to exceed four (4) square feet shall be Dermitted for the office complex. These signs shall neither be luminous nor shall they be illuminated. In regard to the Veterinary Hospital, no outside runs or kennels shall be permitted. No boarding of animals other than those requiring medical care shall be oermitted. Accoustical materials shall be utilized in construction of kennel areas. Forty-five (45) feet of right--of-way from the centerline of Chalkle¥ Road shall be dedicated to and for the Countv'of Chesterfield, free and unrestricted. This shall be accomplished orior to the release of a buildin~ permit. Prior to the start of any construction, detailed site plans shall be submitted to the Division of Develooment Review for approval. In conjunction with this, landscaping plans depicting existing vegetation shall be submitted for approval. Vote: Unanimous 78S078 In Clover Hill Magisterial District, P. Emerson Hughes requested an amendment to a previously gr. an.ted Conditional Use for Planned Development (Case ~73S013) to permit a boarding kennel and pet shop on a parcel fronting approximately 100 feet on Southlake Boulevard also fronting approximately 280 feet on Southlake Court and located in the northwest quadrant of the intersection of these roads an being a portion of Southoort Industrial Park. Tax Map 17-10 (2) South~ort Industrial Park, part of lot 4 (Sheet 8). Mr. Hughes was present to answer any questions. There being no opposition, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this request be approved subject to the following conditions: The following conditions notwithstanding the site plan prepared by Vaughan and Boynton Architects and dated April 30, 1978. shall be considered the plan of development. This conditional use shall be restricted to the ooeration of a commercial boardin% kennel including the following: 78-263 a. The boarding of household pets. b. The grooming of such animals~ c. The sale of pet supplies. d. The business office necessary to serve this use. A minimum of 18 parking spaces shall be ?rovided~ With the granting of this Conditional Use, an exception of 10 feet to the side yard (along the north property line) setback shall be allowed. o Ail dog confinement areas shall be entirely enclosed within a sound-proof structure. Prior to construction detailed site plans shall be submitted to the Division of Development Review for approval. Along with the site plan, a landscaping plan shall be submitted for review and approval. The above noted conditions notwithstanding all conditions of the originally granted Conditional Use (Case #73S013) for Southport shall be applicable. Vote: Unanimous 78S079 In Bermuda Magisterial District~ Crestwood Realty, Inc. requested a Conditional Use to permit a real estate office in an Agricultural (A) District on a parcel fronting approximately 100 feet on Route 10 and located approximately 130 feet northwest of its intersection with Cole Street and better known as 1324 East Hundred Road. Tax Map 118-15 (2) Rivermont Hill, Lot 34-1 (Sheets 33 and 42). Ms. Rita Gerner was here and questioned the size of the sign listed in the requirements. After further consideration of this matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: This Conditional Use shall be granted to and for Crestwood Realty and shall not be transferrable nor run with the land. The applicant shall provide a minimum of six (6) parking spaces which shall be paved prior to occupancy. These parking spaces shall be located a minimum of fifty (50) feet from the right-of-way of Route 10. The driveway serving the parking area shall not be located through the existing garage. No exterior changes to the existing structure shall be permitted. Remodeling and renovations, however, shall be permitted, A solid board fence six (6) feet in height shall be provided along the northwest property line adjacent to the parking lot in order to screen the view of parking from adjacent properties. One sign not to exceed 3~'xA' feet shall be permitted. This sign shall not be luminous nor shall it be illuminated. This Conditional Use shall be granted for a period not to exceed five (5) years from date of approval. Upon expiration, the Conditional Use may be renewed upon satisfactory reapplication. Prior to occupancy or construction of any parking areas, the applicants shall submit detailad site plans to the Division of Development Review for approval. 78-264 The above noted conditions notwithstanding all bulk requirements of the Office Business (0) District shall apply. The applicants convey al5ft.~,constr~Ctioneasem~ent to ~he County. along Route 10 as sho~n on the attached plat by R. Stuart Royer dated May 14, 1975, with' no construction in this easement and which will be utilized as an area to work from when installing utilities in the right of way, Vote: Unanimous 78S080 In Bermuda Magisterial District, Joseph B'. Veasey , III, requested a Conditional Use to permit a stock farm in a Residential (R-7) District on a oarcel fronting approximately 210 feet on Hollis Road and located approximately 400 feet south of its intersection with Dudley Drive and better known as 13220 Hollis Road. Tax Map 132-7 (4) Victoria Hills, Section B, Block A, Lots 9, 9A and 9B (Sheet 41). There being no one present representing the applicant, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved~that this request be denied. Vote: Unanimous 78S081 In Dale Magisterial District, The Church of Jesus Christ of Latter Day Saints requested a Conditional Use for Planned Development to permit a mini-cannery in a Light Industrial (M-l) District on a parcel lying approximately 250 feet off the southwest line of Whitepine Road and being located behind Custom Metals Fabrications, Inc. Tax Map 79-6 (3) CheSterfield Industrial Park, Section A, Part of Lot 1-1 (Sheet 22). There being no one present in opposition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved subject to the condition that all loading fscilities be located in such manner as to be screene~ from~ the proposed road (to be located along the southwest boundary of the property in question) and the existing and extension of the cul-de-sac (which runs along the southeast property line) and be it further resolved that Section D-3 ~f~the. C~unty of Chesterfield Airpor~ Indu~trialPark Re~trietiv~ Covenants be smende to permit the minimum size of the principal building, excluding buildings for airport storage and/or service, of 5,000 sq. feet for that parcel of land as herein described. Vote: Unanimous 78S084 In Dale Magisterial District~ Realty Ventures requested a Conditional Use to permit truck rental, service and repair in a General Industrial (M-2) District on a parcel fronting approximate. ly 200 feet on Station Road (Route 1479) and located approximately 620 feet east of its intersection with Jefferson-Davis Highway. Tax Map 53-12 (1) part of parcel 4-2 (Sheet 16). There being no opposition, it was on motion of Mr, Apperson, seconded by Mr. Dodd, resolved that this request be approved. Vote: Unanimous 78-265 78S085 In Clover Hill Magisterial District, Pocoshock Limited requested an amendment to ~a previously granted Conditional Use (Case #73Sl12) regarding required setbacks, uses, entrances and architectural design on a parcel fronting approximately 175 feet on Hull Street Road and being located opposite its inter- section with Pocoshock Boulevard.~ Tax Map 40-5 (1) parcel~9 and parts of Parcels 7 and 8 (Sheet 15)~ There being no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that the request be approved subject to the following conditions: Recommend approval of the request for usage of the existing entrance, as showm on the attached revised master plan. This usage shall be limited to a period not to exceed 18 months from date of occupancy or until April 1, 1980, whichever comes first. Recommend approval of the reduction of the front yard setback to 20 feet to allow for an addition of approximately 800 square feet to the existing structure. This reduction shall apply to the existing structure and its addition. Ail future development shall be subject to the required 50 foot setback. Recommend that the uses permitted be expanded to include the following land uses on no more than thirty (30) percent of the parcels land area: a g h i J k 1 m. Catering establishment Governmental offices. Medical clinic or facility Messenger or telegraph service Post Office Savings and loan Sewing machine service Plumbing or heating shops and service Repair services Recreational establishments, indoor Veterinary hospitals Freight forwarding, packing and crating service Wholesale trade Recommend approval of an amendment to permit all structures in Phase I to be of a Colonial style design. In addition to the above stated amendments, and those amend- ments notwithstanding, all conditions originally approved shall be applicable~ In addition , the original master plan shall be amended to depict the layout as shown on the plan prepared by Barton and Corso and dated July 30, 1973. Vote: Unanimous On motion of Mr~ Apperson, seconded by Mr. Bookman, the Board rescinded a resolution made earlier in the day regarding the reimbursement for Mrs. W.T. Garnett relating to damages during a sewer line installation. Vote: Unanimous 78-266 78S080 In Bermuda Magisterial District, Joseph B. Veazey, III, requested a Conditional Use to permit a stock farm in a Residential (R-7) District on a parcel fronting approximately 210 feet on Hollis Road and located approximately 400 feet south of its intersection with Dudley Drive and better known as 13220 Hollis Road~ Tax Map 132-7 (4) Victoria Hills, Section B, Block A, Lots 9, 9A, and 9B (Sheet 41). Mr. Veazey stated he was late and would like the Board to reconsider their previous action, Mr. Dodd indicated that he had received numerous requests for this matter to be denied~ Mr. Veasey stated the horse would only stay in his yard in the shed at night and that he would be renting a parcel of land adjacent to his property in the rear where he would have the horse remain except at night. After much consideration of this matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that the previous motiondenyingthis request be rescinded andthat this request be approved subject to the followingconditions: This Conditional Use shall be restricted to Joseph B. Veazey, III, and shall not be transferrable, nor run with the land.. No more than one horse shall be kept on the property. horse shall be confied to Lot 9B. The No commercial activity with respect to he keeping of this horse shall be permitted. 4. The pasture area shall be maintained and secured so as to properly confine the animal. 5. The enclosure area and shed are to be Cleaned and made free of manure when necessary. In addition, fresh straw and disinfectant shall be applied to eliminate the proliferation of odor and propagation of insects. This Conditional Use shall be valid for a period not to exceed one (1) year from date of approval and may be renewed upon satisfactory reapplication, which must demonstrate that the keeping of this horse has not (and will not) adversely affect adjacent property owners~ Vote: Unanimous Mr. Meiszer stated for reclarification that the Parks and Recreation portion of the proposed general obligation bond issue would be $6,400,000. The Board indicated this was their under- standing at t~ t~ ~f the v~t~. On motion of Mr. Apperson, seconded by Mr~ Bookman, the Board adjourned at 4:35 p.m. until 12:00 noon on July 12, 1978, for an Executive Session to discuss personnel matters. Vote: Unanimous Adminis tra~or y 78-267 E. Merlin O'Neill] ~sr.~ Chairman