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07-26-1978 MinutesBOARD OF SUPERVISORS MINUTES July 26, 1978 Supervisors in Attendance: Mr. E. Merlin O'Neill, Sr., Chairman Mrs. Joan Girone, Vice Chainnan Mr. J. Ruffin Apperson Mr. C. L. Booknmn Mr. R. Garland Dodd Mr. Nicholas M. Meiszer Cotmty Administrator Staff in Attendance: Chief Robert Eanes, Fire Dept. Mr. C. G. Manuel, Dir., Gen. Services Mr. Steve Micas, Cotmty Attorney Mr. Jeffrey Mnzzy, Dir., ~ty Development Mr. Robert Painter, Dir. of Utilities Mr. Lane Ramsey, Budget Director Mrs. Girone called the meeting to order in the absence of the Chairman at the Courthouse at 9:10 a.m. (EDST) Mr. Bookman gave the invocation. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved the minutes of July 12 and July 20, 1978, as amended. Vote: Unanimous there was some discussion regarding the street light polic~ and whether or not funds should be carried over from year to year. It was generally agreed to discuss this matter later since it was listed on the agenda for discussion. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved authorized the County Administrator to execute the following water contract: W78-76CD - 6(7)8762 Kings Forest, Section 2 Developer: Kings Forest Limited Contractor: Stamie E. Lyttle Co., Inc. Estimated ContraCt Cost: $60,302.50 Estimated County Cost: $14,077.50 (through connections) Code: 366-1-11684-7221 (refund through connections) 7ore: Unanimous Mr. Painter stated the next item was the award of Project W77-77C for water improvements along Centralia Read to Sydnor Hydrodynamics Inc. in the amount of $158,464.00 and that an additional app=opriation would have to be made. Mr. Apperson stated he could not support this project because it does not serve any people, it is just a ~iparallel line, he was against this project and it was approved in his absence, it was not included in the engineering report and until he sees some evidence of its need he could not vote for it. Mr. Painter stated that it was not included in the 91an because the engineering firm thought the County was going ~head with the project. Mr, Bookman indicated that the project ~ids were one-third higher than originally estimated. Mr. Dodd ~tated the reason he voted for this line was because it was the ~heaper of the two to get water where it was needed. Mr. Bookman indicated he thought the arrangement with the developers was different from what it is exactly and that was why he had supportea the project. After further discussion of the mat~er, it was on motion of Mr. Apperson, seconded by Mr, Bookman, resolved that this matter be deferred until August 9, 1978, to allow Utilities ~o present additional information. 78-277 rote: Unanimous irs. Girone indicated she would like to have maps and slides ~resented on this project at the August 9, 1978 meeting. ~. Painter stated this time and date had been scheduled for a public hearing to consider the vacation of a portion of an easement ~cross Lot 13, Block A of the Pleasant Ridge Subdivision. ir. Sam McCue~ representing Carey Williams, Inc. stated they ~ould agree to the County's recommendation that an additional four foot easement be granted on Lot 14 hut they would prefer to ~ost a $3,000 performance bond in case the need arises to replace or :elocate the pipe which is under the home and in the County ~asement which they are requesting be vacated at this time. He ~tated the reason they are trying to get the easement vacated is )ecause the lending company will not lend money without a free ~nd clear title. He added further he did not feel the relocation )f the pipe would ever be necessary. Mr. McElfish stated that :he pipe had to be replaced last year, that he was afraid of the structural damage that might o~cur if thepipe had to be replaced again and the cost which the County would be liable for since it would be County forces doing the work. Mr. Bookman inquired if a performance bond were put up and pilings were put around the chimney in order to sustain it, would that be ~etter. Mr. McElfzsh stated that would be better but he would till be afraid of structural damage that might occur. Mr, Micas tared the County could ple~.~d sovereign immunity and not be liable ,ut he would prefer ~not to if this could be settled whereby the pwners would not have a problem and the County would not be ~esponsible for one. Mrs. Girone stated that the Board was here to protect residents in the County and stated she could not see ~ person buying this home with the problems that exist regarding ~his easement and the pip~. Mr. Micas inquired if, as years go ~y, would the possibility of the pipe causing trouble be more likely. Mr. McElfish stated that it was possible, mainly because ~f the weight of the chimney. Mr. Bookman inquired about sleeving ~his pipe. Mr. McElfish stated he was not sure what effect sleevin the pipe would have. There was a suggestion that a time limit bc ~iven for the builder to either relocate the pipe or ~ut ~ilin~s in zheground to Mr. McElfish's satisfaction, Mr. McElfish stated he felt i~ would be best for all concerned if the pipe were relocated. ~r. Harmon stated that the ordinance 'could not be recorded for ~t least 30 days which would give enough time for this to be ~ccomplished. After further discussion of the matter, it was on notion of Mr..Bookman, seconded by Mr. Dodd, resolved that the following ordinance be adopted subject to the builder relocating =he pipe to 9 (nine) feet from the edge of the chimney and dedicat- ing an additional four (4) foot easement on Lot 14: An Ordinance to vacate a portion of an easement across Lot 13, Block A, of Pleasant Ridge in Clover Hill District, Chesterfield, Virginia, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 27, Page 100. Whereas, Carey M. Williams, Inc. has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the southern portion of an 8 ft. easement across Lot 13, Block A, of Pleasant Ridge in Clover Hill District, Chesterfield, Virginia, · hich easement is more particularly shown on a plat of record in ~he Clerk's Office of the Circuit Court of said County in Plat Book 27, Page 100, made by Foster and Miller, Certified SurVeyors, ~ated December 3, 1976. The portiontol easement petitioned to be ~acated is more fully described as follows: A portion of an easement of eight feet in width which portion is 22.20 feet in length and of variable width along the southern portion of the original eight foot 78-278 easement across Lot 13, Block A of Pleasant Ridge, the location of which is more fully shown shaded in red on a plat made by William J. Schmidt and Associates, dated June 15, 1978, 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 portion of the easement sought to be abandoned. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15.1-482 (b) of the Code of Virginia, 1950, as amended, the aforesaid portion of easement shOwn on the attached plat be and is hereby vacated and no longer necessary lo. public use. 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 hereof, together with the plat attached 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 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 to the portion of the aforementioned easement hereby vacated in the property owners of Lot 13, Block A of the Pleasant. Ridge Subdivision 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 Carey M. Williams, Inc, as grantee. Vote: Unanimous Mr. McElfish stated he would like some of his staff present when this work is being done. Mr. Bookman excused himself from the meeting. On motion of Mr. Dodd, seconded by Mr. Apperson, the request f~om Mr. J. L. Longest to amend the contract to make a cash refund in the amount of $4,260.72 and the remaining $2,700,00 would be refunded through connections in accordance with County policy on Contract W77-101CD be approved which original contract provided that the total amount be refunded through connections in future sections of Trueheart Heights and Section 5. (Transfer from 563 Surplus $4,260.72 to 380-1-67015-7212--Cash Refunds). Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the following sewer contract: S78-28CD Lake Farms, Section A Developer: Commonwealth Development Corporation Contractor: Bookman Construction Company Cost: $95,757,30 Estimated County Cost: $3,999.50 Code: 573-1-11781-7221 78-279 ] VII. VIII. ~-- 2. IX. Vote: Unanimous Mr. Painter stated that Item V involving the request from Mrs. Mary Burch and Ms. Jean Vincent for permission to connect to Colonial Heights water and sewerage systems to serve Lot 42, Tax Map 175-5 was approved at the July 12, 1978 meeting without the conditions which he would like added. On motion of Mr. Mr. Apperson, seconded by Mr, Dodd, the Board amended the minutes of July 12, 1978 to include the following conditions for permission granted to Mrs, Mary Burch and Ms. Jean Vincent as follows: The water and sewer line extensions to serve the lots be at the Developer's expense. The water and sewer lines installed within the County be dedicated to the County. The County receiving approval from the City of Colonial Heights. Vote: Unanimous Mr. Bookman returned to the meeting. On motion of Mr. Apperson, seconded by Mr. Dodd, the request from Mrs. Catherine R. Wingo for a reduced sewer connection fee in the amount of $300.00 to serve 4448 Shoremeade Road was denied. Vote: Unanimous Mr.a Apperson __inquired why this request had been placed on the genda because he felt it should have been treated as any new o%ner and/or application eventhough it was in the same family. Mr. Painter stated that when a citizen had asked to be placed on the Board agenda he did so. )n motion of Mrs. Girone, seconded by Mr. Dodd, the Board Lpproved the request of C. Porter Vaughan to apply credits from ~plications for 12 sewer connections and 11 additional sewer :onnections which will be made within 60-90 days be applied to :he principle plus interest of his note for Developer Participation ;ewer Contract S72-54CD/3, Falling Creek north of Route 60. 'otc: Unanimous ~ motion of Mr. Dodd, seconded by Mr, Apperson, an agreement ;ith Vepco to provide alternate service to the Proctors Creek lewage TreaTment Plant was deferred until definite figures were ;laced in the contract, ?ore: Unanimous )n motion of Mr. Dodd, seconded by Mr. Bookman, the Board of ~upervisors of the County of Chesterfield, Virginia, in regular ~eeting assembled that the Chairman of said Board be, and he herebv .s, authorized to enter into an a~reement with the Seaboard :cast Line Railroad Company, and to sign same on behalf of the ~aid County whereby said Railroad Company grants unto said County :he right or license to install and maintain, for the purpose of sewer mmin, a line of pipe across the right of way and under- ~eath the roadbed of said Railroad Company's main track, as ~ormerly located, near Chester, Virginia; as more particularly Lescribed in said agreement', which aSreement is dated June 23, 1978, copy of which agreement is filed w~th this Board of Supervisors. otc: Unanimous 78-280 Mr. Harmon stated the County had received a counteroffer from Mr. R. W. Norkus in the amount of $4,950 for a sewer easement across his property along Lake Crystal. Mr. Bookman stated he would like to handle the.entire area at one time. He added he had met with the people involved and felt they hmd come to a ~ reasonable conclusion. Mr. O'Neill joins the meeting. Mr. Harmon distributes a plat of the area to acquaint each member with the situation involved. Mr. Bookman distributes his proposal for the sewer line extension and the amounts acceptable for the easements which also proviRes for the sewer line to come in front of the properties rather than behind. Mr. Pope stated he felt comfortable going to condemnation with these property owners and felt that by proceeding in the manner suggested, negotiations down-streamm~y be disrupted once they realize what the County is doing in this area. Mr. Bookman stated he felt that if condemnation was necessary down-stream he would be agreeable but that he felt this situation was different. Mr. Harmon stated he felt this would set a precedent putting a sewer line where requested and the bends in the lines would also cause maintenance problems. Mr. Painter inquired if the Andersons and Pauls would pay their own connection fee. Mr. stated they would. Mr, Chavis, one of the property owners involved, stated he did not want sewer but was going along with it for the betterment of the community. Mr. O'Neill stated he felt this was setting a precedent. Mrs. Girone stated her concern of how this became so involved. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mrs. Giro'ne, resolved that the following figures be approved for the easements and that Utilities plan for the redesign of the line to go in front of the properties.aa outlined on the paper distributed by Mr. Bookman: William F. and Edna K. Chavis Raymond A. and Norma B. Anderson Robert C. and Signe E. Paul Raymond W. and Barbara V. Norkus Ayes: Mrs. Girone, Mr. Bookman and Mr. Dodd. Nays: Mr. O'Neill and Mr. Apperson. $ 1,800.00 1,250.00 1,250.00 3,200.00 On motion of Mr. Bookman, seconded by Mr. Apperson, the Board denied the counteroffer from the property owners listed below in the amount of $750.00 and free sewer connection and further it was resolved that the County Attomney be authorized to institute condemnation proceedings against the property owners listed below if the amounts offered by the County arch mt, accepted. And be it.further resolved that the County Administrator notify said property ownersbyregisteredmailonJuly 27, 1978,,of the County's intention to enter upon and take the property which is the subject of said condemnation proceedings. An emergency existing, this resolution is and shall be and it hereby is declared in full force and effect immediately upon passage: Monte N. Hughes & Roberta S. Hughes S73-44C Daniel C. Altman and Barbara A. Altman S73-44C $300.0O 166.00 Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the County Attorney was authorized to institute condemnation proceedings against the property owners listed below if the amount offered by the County is not accepted. And be it further resolved that the County Administrator notify the said property owners by registere~ mail of the County's intention to enter upon and take the propert) which is the subject of said condemnation proceedings. An emergency existing, this resolution is and shall be and it hereby is declared in full force and effect immediately upon passage: Jon A. Hill and Connie C, Hill S73-440 $80.00 Vote: Unanimous 78-281 o XIII. o xzv. XVI. XVII. 3 ~r. Pope stated that Edwin T. Hines and Carolyn H, Hines, Larry Gibson and Mary O. Gibson, and Franklin H. Hancock, Jr. ~nd Vincenta S. Hancock had all signed and condemnation proceed- ings were not needed. It was generally agreed to defer discussion regarding condemnation proceedings fOr a drainage easement across property of Ray Allen and Josefina Allen at 9400 Telstar Drive in Centralia Gardens. antil later. )n motion of Mr. Bookman, seconded by Mrs. Girone, the Board ~uthorized the County Administrator to sign a deed of dedication ~n behalf of the County from Milard F. and Josephine F. Stevens ~long JacobsRoad. rote: Unanimous 4r. Painter presented the Board with a list of developer sewer ~nd water contracts approved by the County Administrator. )n motion of Mr. O'Neill, seconded by Mr. Apperson, it was resolved that the counteroffer made by Franklin L. Partin and 5arper Douglas Partin in the amount of $950.00 be rejected and further the County Attorney continue the preViously instituted condemnation'proceedings ~gainst the property Owners. Vote: Unanimous ~. Dodd stated there had been a misunderstanding regarding :he reduced sewer connection fee for Mr. L. Hunter Beazley, Jr. and the aff~avit he had to sign which was incorrect. After further discussion of the matter, it was on motion of Mr. Dodd, econded by Mr. Bookman, resolved that Mr. L. Hunter Beazley, Jr. e granted a reduced sewer connection fee of $600 for property ~t 12665 Petersburg Street. 7o te: Unanimous ~rs. Girone stated she would like to have the unspent funds from :he $1,000 Street Light Fund in each district carried over, each zear in case there were a large project, the district could have ~ccumulated enough funds to complete it. Mr. O'Neill stated he felt this would be defeating the purpose of the fund and policy ~hich is not to make it large and attractive but provide Just enough funds to do some needed installations. He added further ~hat each light installed did carry over each year in the form pfa charge from Vepco for the lights. Mr. Meiszer stated he felt ~he funds at the end of the budget year should go back into the Surplus and the Board could reappropriate that which was unspent into the next year's budget, Mr. Apperson stated he felt carry- ing funds over would defeat the purpose of this policY, also. ~r. Dodd inquired if there were a project, could funds from the Jnappropriated Surplus be used, Mr, O'Neill indicated they could. 78-282 3.B. 4.m. 4.m. Mrs. Girone stated the policy that now exists has any unspent balance reverting back to the General Fund. There was some discussion regarding putting a four year limit on the funds- that could be carried over. Mr. O'Neill inquired how much each new light installed cost the County per year. Mr. McElfish stated most cost about $80 but there were some that ran as high as $100 per year. After further discussion of the matter; it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the unspent balance of each magisterial district's street light funds be carried over from year to year in an appropriate accounting manner. Ayes: Nays: Mrs. Girone and Mr. Bookman. Mr. O'Neill, Mr. Apperson and Mr. Dodd. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board transferred $12,183 from Planned Budget Expense Account 111-1-31400-4123 Contingencies to Planned Budget Expense Account 111-1-09200-2131 Support of Local Health Department which action provides for the upgraded nurses positions salaries. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board approved the installation of street lights at Freedom Lane, at Strathmore Road and at the intersection of Reams Road and Wadsworth Drive and further that the street light request at the intersection of Wilcox Avenue and Fitzhugh Street be deferred. Vote: Unanimous Mr. Meiszer inquired what type of lights were being used in the County. Mr. McElfish stated there was a mixture including mercury vapor, high pressure and incandesnent. Mr. Meiszer stated he would like a program worked out by which all incandescent ~i~hts wduld~e replaced. Mr. John Henson, Dr. Matthews and Dr. Ray Martin were present. Mr. Henson gave a brief description of the proposed landfill near Genito Road, stating that the anticipated life of the landfill would depend on how compact the waste material was as to whether it lasted 27 or 36 years, that it would become a hill'after the C~untp'~was through, that it could be used for a park area, that the acreage is 151 but only 107 acres are usable and 96 acres will be functional for landfill after roads, etc. are incorporated into the area, it should contain 1,900,000 tons of garbage, that the charge will be $4.89 in ~ieu of $3.08 which is now charged but it will be a new landfzll with present technology included,~ the cost as compared to Richmond ($4.00), Henrico ($4.00), Prince George ($2.57), Petersburg ($2.57), Colonial Heights ($2.57) and Portsmouth ($7.00) will not be exorbitant considering Chesterfield will be doing it the right way, that based on 2.2 tons per household it will cost $10.76 x,~th disposal service charge $5.00 a month, that the cost for the entire development is estimated to be ~p,800,000 but they propose going with 20 acres at a cost of91,800,000 to start which included site acquisition, site work, equipment, and start up costs. Dr. Martin stated this site was a good location because it is near travel and associated land uses, compatible in a geological sense and water sense.and the government will not have to correct a problem in the future because it is being done correctly. He stated that the ground water as well as any water supply will be protected by the method that is proposed. He stated the water level will have to be lowered ~o provide adequate dumping facilities, that extensive soil borings and analysis have been completed, they have ascertained where the clay liner will be readily available, and explains the various levels of protection 78-283 10. for the water beginning with filter fabric, then a 6" gravel base, another filter fabric, the clay liner, another gravel layer, monitoring wells, and gas vents. He added further lan operations manuel would be prepared to help those running the landfill to operate it correctly. Dr. Matthews exolained the elevation which willinsomm.~area~ be 60 ft, difference from when it began, that after considering other sites this was the most desirable with the most attributes, that the construction specifications will be planned by J. K. Timmons after~r'the State Water Control Board has reviewed the matter and explained that the roads would enter from Rt. 360 or Genito Road on to Walboro. The Board thanked the gentlemen for their time and explanation of the entire landfill situation. Mr. O'Neill excused himself from the meeting. On motion of Mr. Dodd, seconded by Mr. Apperson, the following erroneous tax claims were approved for payment: Ronald G. Church Steve Wayland Cundiff Robert V. Robertson County Vehicle License County Vehicle License County Vehicle Licenses $10.00 7.75 45.00 Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board authorized the Chairman and County Administrator to sign a Deed of Lease between the County and the State Highway Safety Division for 297 square feet of space in a portion of a modular trailer located at Safety Town for an annual rent of $1,336.50. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board authorized the County Administrator to sign a release and accept funds for reimbursement in the amount of $312.90 for an auto accident of May 12, 1978 which amount covers lost wages and medical treatment for aCounty employee. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the following resolution was adopted: A Resolution Authorizing and Providing for the Issuance and Sale of One Million Eight Hundred Thousand Dollars ($1,800,000) Principal Amount of Sewer Revenue Bonds of Chesterfield County, Virginia, and Making Certain Covenants in Connections Therewith. Whereas, Chesterfield County, Virginia (the "County"), heretofore issued its Sewer Revenue Bond Anticipation Note (Brandermill Project) dated as of February 1, 1976 in the principal amount of one million eight hundred seventy-four thousand two hundred ninety'four dollars and forty-one cents ($1,874,294.41) (the "Brandermill Note") pursuant to a resolution dated as of February 1, 1976 adopted by the Board of Supervisors of the County (the "Board") on March 10, 1976, and entitled "A Resolution Authorizing the Issuance and Sale of $2,400,000 County of Chesterfield, Virginia, Sewer Revenue Bonds (Brandermill Project), Series of 1976, and Note in Anticipation of the Sale Thereof, and Providing for the FOrm, Details and Payment Thereof" (the "Brandermill Resolution") 78-284 Whereas, the Brandermill Resolution and the other agreements referred to therein, including the "Sewer Agreement", provided for the acquisition and construction of certm~n sewerage facilities in theCountyand the operation and financing thereof; Whereas, such facilities constitute additions and improvements to the sewer system and sewage disposal plants of the County; Whereas, the Brandermill Note was payable solely from the revenues and receipts derived from such facilities; Whereas, the Board by resolution adopted on June 1, 1978, determined to restructure the arrangements for the construction and financing of such facilities in order to, among other things, (i) enable the County to finance such facilities at a lower interest cost and save issuing expenses by combining the financing of such facilities with the financing of other sewerage facilities of the County, (ii) enable the County to have greater flexibility with respect to the term of bonds issued to finance such facilities and other provisions relating to the issuance of such bonds, (iii) enable the County to simplify procedures by eliminating separate billing, accounting, record-keeping and reporting for such facilities and (iv) enable the County to enhance its over-all credit rating; Whereas, said resolution authorized the execution of a "Composite Sewer Agreement" and repealed the Brandermill Resolution; Whereas, the Composite Sewer Agreement was executed and delivered on June 8, 1978, and, in accordance therewith and in anticipation of the issuance of the bonds authorized by this resolution, the Brandermill Note together with all interest accrued thereon was paid in full from available moneys in the Sewer Improvement, Replacement and Extension Fund of the County pending the sale of the bonds authorized herein; Whereas, the Public Finance Act permits the County to issue, without the prior approval of the voters of the County, bonds the principal of and interest on which are payable solely from the revenues and receipts of the sewer system and sewage disposal plants of the County; Whereas, this Board hereby finds and determines that it is advisable, desirable and in the best interest of the County to contract a debt in order to evidence such debt, to authorize and provide for the issuance and sale of sewer revenue bonds of the County in the aggregate principal amount of one million eight hundred thousand dollars ($1,800,000) for the purpose of reimbursing the Sewer Improvement, Replacement and Extension Fund of the County for amounts advanced therefrom in anticipation of the issuance of such bonds for the purpose of providing funds to pay the Brandermill Note, as aforesaid, the proceeds of which note have heretofore been applied to the payment of costs of acquiring and constructing additions and improvements to the sewer system and sewage disposal plants of the County. Now, Therefore, Be ItResolved by the Board of Supervisors of Chesterfield County, Virginia: 1. Purmuant to the Public Finance Act, in order to provide funds for the payment of the Brandermill Note by reimbursing the Sewer Improvement and Replacement Fund of the County for amounts advanced therefrom for Such purpose in anticipation of the issuance of the Bond herein authorized, there is hereby authorized to be issued an issue of bonds of the County in the aggregate principal amount of one million eight hundred thousand dollars ($1,800,000) to be designated "Chesterfield County, Virginia, SewerRevenue Bonds" (herein- after called the "Bonds"). Seven (7) Bonds Shall be issued, 78-285 with one Bond maturing on August 1 in each of the years 1979 through 1985. The Bond maturing in each such year shall be of the denomination set ~orth opposite such year in the table below: Ye ar Denomination 1979 $ 200,000 1980 225,000 1981 250,000 1982 250,000 1983 275,000 1984 300,000 1985 300,000 The Bonds shall be dated as of August 1, 1978, and the unpaid principal amount of each Bond at any time shall bear interest from such date until the payment of such principal amount at the rate of six and three-eights per centum (6-3/8%) oer annum. Such interest shall be payable on February 1, 1979, and semi- annually thereafter on February 1 and August 1 of each year. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America at the principal office of The Central National Bank of Richmond in the City of Richmond, Virginia, by check or draft or as otherwise agreed upon by the County and The Central National Bank of Richmond. The Bonds shall be in fully registered form without coupons and shall be payable to the order of The Central National Bank of Richmond. At the option of the County, the~Bonds may be prepaid as a whole at any time, and any Bond or'portion thereof may be prepaid in part from time to time in inverse order of maturity, upon payment of the principal amount of the Bond or portion to be redeemed together with the interest accrued thereon to the date fixed for prepayment. Notice of any such prepa~nent be mailed by registered or certified mail, postage prepaid, at lease five days prior to the date of prepayment, to The Central National Bank of Richmond, Broad at Third Street, Richmond, Virginia 23219, Attention: Investment Department, or to such o~her adress as shall be filed with the County Treasurer for the purpose, which notice shall specify the date of prepayment and the maturity and principal amount of the Bond to be prepaid. Any Bond or portion thereof, or interest thereon, in fact paid or prepaid shall fully discharge the obligations of the County with respect thereto to the extent of such payment whether or not such payment is noted thereon. The Board hereby finds and determines that the offer dated June 1, 1978, of The Central National Bank of Richmond to purchase the Bonds is fair and reasonable and in the best interest of the County, and said offer shall be and hereby is accepted. A copy of such offer shall be filed with the minutes of this meeting. 2. There is hereby created a special fund of the County to be known as the "Sewer Revenue Bond Debt Service Reserve Fund", which shall be held in trust by the County. At or prior to the delivery of the Bonds to The Central National Bank of Richmond, there shall be deposited in said Reserve Fund an amount equal to the principal of and interest on the Bonds maturing in the next succeeding twelve months. Said money shall be invested by the County in its name for the account of said Reserve Fund in a time deposit open account on the books of The Central National of Richmond, Richmond, Virginia, and shall be secured to the extent and in the manner permitted by applicable laws of the Commonwealth of Virginia for the security of deposits of public moneys of the County. Ail income from such investment may be withdrawn by the County Treasurer as and when payable, and if so 78-286 withdrawn such income shall be deposited in the Sewer Improvement, Replacement and Extension Fund of the County. If at any time the amount on deposit in said Reserve Fund is greater than an amount equal to the principal of and interest on the Bonds maturing in the next succeeding twelve months, the County Treasurer may ~. withdraw from said Reserve Fund an amount equal to such excess, and if so withdrawn such amount shall be deposited in said Sewer Improvement, Replacement and Extension Fund. Whenever the amount on deposit in said Reserve Fund is equal to the unpaid principal of and interest on the Bonds, the amount in said Reserve Fund shall be applied by The Central National Bank of Richmond without further authorization or direction to the payment of such unpaid principal and interest, and thereupon said Reserve Fund shall terminate and any excess amounts in said Reserve Fund shall promptly be paid to the County Treasurer for deposit in said Sewer Improvement, Replacement and Extension Fund. 3. The proceeds of sale of the Bonds shall as soon after receipt as is practicable be deposited by the County Treasurer in the Sewer Improvement, Replacement and Extension Fund of the County in reimbursement of amounts heretoafore advanced therefrom in anticipation of the issuance of the Bonds for the purpose of providing funds to pay the Brandermill Note. 4. The principal of and interest on the Bonds shall be payable solely from the revenues and receipts derived by the County from the ownership and operation of its revenue-producing sewer system and sewage disposal plants, including all extensions, improvements, enlargements and additions thereto (including the facilities the acquisition and construction of which were financed from the proceeds of the Brandermill Note), which system and plants as so extended, improved, enlarged and added to is herein referred to as the "Project", subject to the prior payment from such revenues and receipts of (a) the cost of operating and maintaining the Project, (b) the principal of and interest on all general obligation bonds of the County heretofore issued fo~ the Project and payable from and additiorm~]ly secured by payments to be made from such revenues and receipts and (c) to the extent permitted by paragraph 5, all bonds, notes or other evidences of indebtedness of the County hereafter issued for the Project and payable or secured by payments to be made from such revenues and receipts, and such net revenues and receipts are hereby pledged to the payment of the principal of and interest on the Bonds. At all times during which any Bond or portion thereOf remains unpaid, the County shall fix, establish and collect rates, rents, fees and other charges ~including connec- tion fees) for all commodities, services and facilities sold, furnished or supplied through the properties of the Project which shall be sufficient to pay when due (i) the principal of and interest on the Bonds, (ii) the principal of and interest on all bonds, notes or other evidences of indebtedness payable or secured by payments to be made therefrom, (iii) all costs of operating and maintaining the Project and (iv) all other charges or obligations against such revenues and receipts then imposed by law or contract. 5~ The County reserves the right to issue at one time or from time to time not more than five million dollars ($5,000,000) aggregate principal amount of bonds, notes or other evidences of indebtedness for the purpose of enlarging the County's Falling Creek Sewage Treatment Plant payable or secured from the revenues and receipts derived by the County from the ownership and operation of the Project in priority over the payments required to be made from such revenues and receipts for the payment of the Bonds. Except as permitted by the preceding sentence, for so long as any Bond or portion thereof remains unpaid, the County mbALI not issue any bonds, notes or other evidences of indebted- ness payable from the revenues and receipts derived by the County from the ownership and operation of the Project on a parity with or in priority over the payments required to be made from such revenues and receipts for the payment of the Bonds. 78-287 6. The County hereby covenants that so long as any Bond or portion thereof remains unpaid, (a) it will at all 'times operate the Project in a proper, sound and economical manner and (b) it will not sell or otherwise dispose of or encumber the properties of the Project other than a sale or other disposition in the ordinary course of operating the Project if such disposition does not adversely affect the rights of the holders of the Bonds. 7. The Bonds shall be executed, for and on behalf of the County, by the manual signature of the Chairman of the Board and shall have the corporate seal of the County impressed thereon attested by the manual signature of the Clerk of the Board. The execution of the Bonds in the manner above set forth is hereby adopted as a due and sufficient authentication of the Bonds. 8. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CHESTERFIELD COUNTY SEWER REVENUE BOND Chesterfield County, Virginia, for value received acknowledges itself indebted and hereby promises to pay to The Central National Bank of Richmond, Richmond, Virginia, on the 1st day of August, 1978,the ~principal amount of one million eight hundred thousand dollars ($1,800,000), subject to the right of prepayment hereinafter mentioned, but only, in the case of the last payment of principal on account hereof, upon presenta- tion and surrender hereof, and to pay interest on the unpaid principal amount hereof at any time from the date hereof until payment of such unpaid .principal amount at the rate of six and three-eights per centum (6-3/8%) per annum, payable on February 1, 1979, and semi-annually thereafter on February 1 and August 1 of each year. Both principal of and interest on this bond are payable in such coin or currency of the United States of ~merica as at the respective dates of payment thereof is legal tender for public and private debts, at the principal office of The Central National Bank of Richmond in the City of Richmond, Virginia, by check or draft or as otherwise agreed upon by the County and The Central National Bank of Virginia. This bond is one of an issue of bonds of like designation herewith aggregating one million eight hundred thousand dollars ($1,800,000) in principal amount issued for the purpose of providing for the payment of a bond anticipation note of Chesterfield County by reimbursing the Sewer Improvement, Replacement and Extension Fund of Chesterfield County for amounts advanced therefrom for such purpose in anticipation of the issuance of such bonds, the proceeds of which note were applied to the payment of costs of acquiring and constructing additions and improvements to the sewer system and sewage disposal plants of Chesterfield County (the "Project"), all under and pursuant to and in full compliance with the Constitution and statutes of the Cxxanonw~alth of Virginia, £ncluding Chapter 5 of Title 15.1 of the Code of Virginia. 1950. as anended (tbm samm being the Public Finance Act) and resolutions and proceedings of the Board of Supervisors of Chesterfield C~mnty dulv adopted and taken under said Chaoter 5. The principal of and interest onthis bond and the bonds of the issue of which it is a part are payable solely from the revenues and receipts derived by Chesterfield County from the ownership and operation of the BroJect, subject to the prior payment from such revenues and receipts of the cost of operating and maintaining the Project, the principal of and interest on all general obligation bonds of Chesterfield County heretofore 78-288 issued for the Project and payable from and additionally secured by payments to be made from such revenues and receipts and not more than five million dollars ($5,000,000) aggregate principal amount of bonds, notes or other evidences of indebtedness which may hereafter be issued by the County payable from such revenues and receipts in priority over the payments required to be made from such revenues and receipts for the payment of this bond and the bonds of the issue of which it is a part, and such net revenues and receipts are hereby pledged to the payment of the principal of and interest on this bond and the bonds of the issue of which it is a part. Chesterfield County hereby covenants to fix, establim~ and collect rates, rents, fees and other charges (including connection fees) for all commodities, services and facilities sold, furnished or supplied through the properties of the Project which shall be sufficient to pay when due the principal of and interest on this bond and the bonds of the issue of which it is a part, the principal of and interest on all bonds, notes or other evidences of indebtedness payable or secured by payments to be made therefrom and all costs of operating and maintaining the Project. This bond and the bonds of the issue of which it is a part do ~.not constitute a debt of Chesterfield County or the Commonwealth of Virginia or any political subdivision thereof within the meaning of any constitutional, statutory or charter limitation upon the creation of general obligation indebtedness, or a pledge of the faith and credit thereof, nor do such bonds improse any general liability thereon, and such bonds are payable solely from the net revenues and receipts derived by Chesterfield County from the ownership and operation of the Project as aforesaid and not otherwise. At the option of the County, the Bonds of the issue of which this bond is a part may he prepaid as a whole at any time, and any such bond or portion thereof may be prepaid in part from time to time in inverse order of maturity, upon payment of the principal amount of the bond or portion thereof to be prepaid together with the interest accrued thereon to the date fixed for prepayment. Notice of any such prepayment shall be mailed by registered mail or certified mail, postage prepaid, at least five days prior to the date of prepayment, to The Central National Bank of Richmond, Broad at Third Street, Richmond, Virginia 23219, Attention: Investment Department, or at such other address as shall be filed with the Treasurer of Chesterfield County for the purpose, which notice shall specify the date of prepayment and the maturity and principal amount of the bond to be redeemed, Any installment of principal or interest on this bond in fact paid or prepaid shall fully discharge the obligations of Chesterifeld County with respect hereto to the extent of such payment or prepayment whether or not such payment is noted hereon. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this bond exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebtedness of Chesterfield County, does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. In Witness Whereof, Chesterfield County, Virginia, has caused this bond to be executed by the manual signature of the Chairman of its Board of Supervisors, an impression of the corporate seal of Chesterfield County to be impressed hereon attested by the manual signature of the Clerk of its Board of Supervisors, and this bond be dated as of the first day of August, 1978. C'hairman, Board of 'Supervisors Chesterfield County, Virginia 78-289 li.B. 12. (SEAL) Attest: C'lerk, Boar~ of Supervisors Chesterfield County, Virginia 9. The County Attorney shall and is hereby directed to file a copy of this resolution, certified by the Clerk of the Board to be a true and correct copy hereof, with the Circuit Court of Chesterfield County, Virginia, and said Clerk shall and is hereby directed to publish once within ten~ (10) days of the date of such filing a notice of the adoption of this resolution in the Richmond Times-Dispatch, a newspaper of general circulation in the County, all in accordance with Section 15.1-199 of the Code of Virginia, 1950, as amended. Such notice shall be in substantially the following form: "LEGAL NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia, 1950, as amended, that the Board of Supervisors of Chesterfield County, Virginia, adopted on July 26, 1978, a resolution authorizing the issuance of $1,800,000 principal amount of Sewer Revenue Bonds of said County, for the purpose of reimbursing the County for funds expended in the payment of a bond anticipation note heretofore issued by the County to pay the costs of certain sewer facilities constituting a part of the revenue-producing sewer system and sewage disposal plants of the County. CHESTERFIELD COUNTY, VIRGINIA Clerk of the Board of Supervisors" 10. This resolution shall take effect immediately upon adoption. Vote: Unanimous On motion of Mr. Apperson, seconded by Mrs. Girone, Mr, J. L. Cooper was appointed to the Operating Committee of the Metro- politan Economic Development Council replacing Dr. Parchen. Vote: Unanimous Mr. O'Neill returned to the meeting. On motion of Mr. Dodd, seconded by Mrs, Girone, the following people were appointed to the Chesterfield County Youth Services Cormmission from the designated district for a term asindicated: 1. Reverand C. Harold Reagen (Bermuda) 2. Mrs. Jo Owen (Clover Hill) 3. Mr, William Gray (Clover Hill) 4. Mr. Ernie Tyler (Clover Hill) 5. Mrs. Alice M. Whitlow (Matoaca) Vote: Unanimous 3 years 1 years 3 years 2 years 2 years Mr. O'Neill excused himself from the meetin$~ Chief Eanes distributed a copy of a response to agenda items discussed with the Volunteer District Fire Chiefs, Mrs, Girone stated ~ne did not like the wording of Item 6 Which indicates the 78-290 o Board is in favor of granting a pay adjustment in the immediate future. She stated she will not commit herself one way or another until she has received the study the County is J presently doing on the salaries. After further discussion of the matter, the Board deleted the second sentence in Item 6 completely and changed the last word in the same paragraph from "required" to "desirable". The Board indicated the other items were fine. It was generally agreed that the Board would take a five minute recess. Mr. O'Neill returned. Reconvening: On motion of the Board, pursuant to ~42.1-36 of the Code of Virginia, the Chesterfield County Library Board is hereby abolished and the management and control of the library system shall be vested in the Board of Supervisors. Vote: Unanimous Mr. Micas read the proposed resolution establishing a Library Advisory Board. Mr. Apperson stated that Dale District did not have a representative in the past and he would like that included. Mr. Meiszer stated it was included and that the membership of the Advisory Board wouldhave a representative from eachdistrict. Mrs. Girone stated she would like included in the last paragraph, last sentence "upon ~h~ approval of the Board of Supervisors." Mrs. Girone stated she had received a call from Mr. Bill Phillips who was very much in favor of the establishment of a Library Advisory Board. There being no further discussion, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that the following resolution be adopted: Whereas, the Board of Supervisors of Chesterfield County is authorized by Section 42.1-36 of the Code of Virginia to maintain and operate the public library system of the County under its direct supervision and control; and Whereas, the Board of Supervisors of Chesterfield County has determined that it is in the best interest of the County to do so. Now, Therefore, Be It Resolved that the County Administrator is delegated full responsibility for the operation, maintenance and administration of the Chesterfield County Public Library System, and that he is authorized to exercise all appropriate authority over the library system on behalf of the Board of Supervisors. Be It Further Resolved, that a Library Advisory Board is hereby established as of this date consisting of five members for a t~erm of three years, beginning August 1, 1978, one member to be appointed from each Magisterial District. The duties and responsibilities of the Advisory Board are to advise and assist the Library Director with respect to library services and materials, to promote utilization of the Library's facilities, to provide an opportunity for citizen participation by hearing complaints from the public about library services, and to participate in the development of long range capital facilities plans. The Library Director shall serve as secretary to the Advisor~ Board. The Advisory Board may adopt such bylaws and meeting dates as may be appropriate to its operation upon the approval of the Board of Supervisors. 78-291 Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Apperson, the following people were appointed to the Chesterfield County Library Advisory Board representing the District and for terms as indicated: 1. Mr~ James M. Summers (Clover Hill) - 3 2. Mrs. Elizabeth A. Cooper (Matoaca) - 3 3. Mr. Jim R. Williams (Bermuda) - 3 years years years Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, the Board went into Executive Session to discuss legal matters~ Vote: Unanimous Reconvening: Mr. O'Neill introduced Mr. Phil Hester, Director of Recreation and Parks. Mr. Hester stated that 15 young people from Chesterfield County would be participating in the U. S. Youth Games in Detroit. Mr. O'Neill congratulated Joy Burkhalter, Patrick Brundage, Lisa Watson, David Wolfe, Robert Hansel, Chelle Black, Linwood Carroll, Greg Hunt, Bruce Hill, Shawn Rossi, Shelly Beaver, Sarah Moore, Debbie Shoff, Laurin Willis, and Lynne Dintiman and presented them with a certificate of mchievement from the County. The Board expressed their pleasure on having such a fine group represent them in Detroit and wished each participant good luck. Mr. O'Neill stated the Board had received a copy of a resolution which Henrico County. will consider at its August 9th meeting regarding the 1-95 selection and is the first indication'from Henrico on which route they w~ald support. The~re be~ no f'~rthar discussion, it was on motion of thc Board, resolved that the following resolution be adopted: Whereas, The Virginia Department of Highways and Transporta- tion held additional location public hearings on May 31 and June 1, 1978 on the project to complete Interstate Route 95 in the Richmond-Petersburg area and to maintain the concept of the Richmond area circumferential, and~ Whereas, The Board of Supervisors adopted the General Plan 2000 with the Transportation Plan included which has been used to guide development throughout the County, and Whereas, The Draft Supplemental Environmental Impact Statement presented alternate locations for 1-95 between Interstate 64 East to the James River to avoid the crossing of Hoke-Brady Road, and Whereas, Review of the local and regional impacts of the alternate route indicates that crossing of Hoke-Brady Road is the most feasible and prudent alternative, and Whereas, The crossing of Hoke-Brady Road in conjunction with a north-south Interstate corridor lying west of the Richmond- Petersburg Turnpike maximizes the use of Interstate funds to complete the circumferential. Now, Therefore, Be It Resolved, That the Board of Supervisors supports the crossing of Hoke-Brady Road coupled with and interstate corridor west of the Richmond-Petersburg Turnpike, and Be It Further Resolved, That the savings in State matching 78-292 funds shall be divided between Chesterfield and Henrico County to complete the circumferential expeditiously, and, if this is not possible, then these funds be allocated to the following projects: Parham/Chippenham Bridge, Powhite Parkway and the Laburnum/Chippenham Bridge. Vote: Unanimous Mr. Meiszer stated the Board had received a contract for the purchase of a parcel of land at the Chesterfield County Airport Industrial Park from the James R, Newell Company. Mr. Micas explained that after negotiating with the PUrchaser the price would be $20,000 per acre, with ter~s, the~hadag~eed to a first refusal rather .than first option and that 6heY ha ~ad changed the years regarding the construction of a taxiway from 5 to 10 years. He also stated that this would reduce the County's obligation to the Highway Department for the construction of Whitepine Road since another business had not begun construction in the Park. There being no further discussion of the matter, it was on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that the Chairman and County Administrator enter into a real estate purchase contract on behalf of the County with James R. Newell Company for the~purchase of a parcel of land containing approximately 2,0 acres, more or less, located in the Dale Magisterial District which parcel adjoins the northwest property line of a parcel containing approximately one acre presently under option to be purchased by Instrument Technical Associates and which parcel extends approximately 200 ft. along the northwest property line from its intersection with the parcel optioned to Instrument Technical Associates, a copy of which contract is filed with the papers of this Board. Vote: Unanimous 78S104 In Bermuda Magisterial District, Mrs. Virginia Garrett requested a Mobile Home Permit to park a mobile home on property which she rents from Mr. Lynn A. Hamilton, which is better known as 7724 Senate Street. Tax Map 67-10 (3) Lots 5 and 6 (Sheet 23). Mr. Dodd inquired of Mrs. Hamilton how long she had owned the lot and Mrs. Hamilton stated since 1957, that she had rented the trailer and lot since 1964 and has rented the lot since 1970. Mr. Dodd stated that she has been renting this prior to the County ordinance being adopted statir~you could not have a trailer for rent other than in a mobile home park and is protected under th~ gramdfatherclaUse~ ~s. Garrettwas Present. There beingno 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 78SR120 In Bermuda Magisterial District, Cecil E. and Mattie E. Baughan requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 2700 Drewry's Bluff Road. Tax Map 67-3 (1) Parcel 10 (Sheet 23). Mrs. Baughan was present. There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that this request be approved for a period of five years. Vote: Unanimous 78-293 78SR122 In Bermuda Magisterial District, James Leslie De-Hart requested renewal of a Mobile ~Home Permit to park a mobile home on property which belongs to Stuart A. Butler, father of the applicant, and better known as 2621 General Boulevard. Tax Map 82-13 (5) Lots 1-8, Block 6 (Sheet 23), Mr, De-Hart was present, There being no opposition present, it was on motion of Mr. Dodd, secondedby Mr~ Apperson, resolved that this request be approved for a period of five years. Vote: Unanimous 78SR123 In Matoaca Magisterial District, Doris L. Coleman requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to Mrs. Arthur L. Coleman, mother of the applicant, and better known as 3500 South Street. Tax Map 182-5 (3) Block 5, Lots 7 and 8 (Sheet 53/54). Ms. Coleman was present, There being no opposition, it was on motion of Mr. O'Neill, seconded by Mr. Dodd, resolved that this request be approved for a period of five years. Vote: Unanimous 78SR125 In Matoaca Magisterial District, Ronald R. and Barbara Cox requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to Tom D. Cox, Sr., father of the applicant, and better known as 21801 Ferndale Avenue. Tax Map 186-3 (2) Lots 18 and 19 (Sheet 52), Ms. Cox was present. There being no opposition, it was on motion of Mr, O'Neill, seconded by Mr. Bookman, resolved that this request be approved for a period of five years. Vote: Unanimous 78SRI26 In Matoaca Magisterial District, Sterling L. Gill requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 20207 Laurel Road. Tax Map 182-5 (4) Lots 20 and 21 (Sheet 53/54). Mr. Gill was present. There being no opposition, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that this request be approved for a period of five years. Vote: Unanimous 78SR127 In Bermuda Magisterial District, Donald H. Nicholson requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 10517 Ramona Avenue. Tax Mao 98-1, Block 9, Lots 40-44 (Sheet 32). Mr. Nicholson was present. There being no opposition, it was on motion of Mr. Dodd, seconded by ~s. Girone, resolved that this request be approved for a period of five years. Vote: Unanimous 78-294 14. 78S128 In Dale Magisterial District, Lewis and Doris Caudle requested a Mobile Home Permit to park a mobile home on property which is owned by Lewis and Joyce Miles, brother-in-law and sister of the applicant, and better known . as 5733 Cogbill Road. Tax Map 66-1 (2) Block 1, Lot 25 (Sheet 22)~ Mr. and Mrs. Caudle were present. Mr. Apperson stated there is currently a trailer on the lot and this really is more a renewal than a new application. There being no one present in opposition, it was on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that this request be approved for a period of five years. Vote: Unanimous 78SR121 In Matoaca Magisterial District, Agnes Comer requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to Beulah Hamlin, sister of the applicant, and better known as 15812 Meridian Avenue. Tax Map 149-13 (13) Lots 12, 13 and 14 (Sheet 41). Ms. Comer was not present. There being no opposition present, it was on motion of Mr.~O'Neill, seconded by Mr. Apperson, resolved that this request be approved for a period of five years. Vote: Unanimous 78SR124 In Bermuda Magisterial District, Samuel A. and Mildred G. }~iller requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 2651 Velda Road. Tax Map 82-13 (1) Parcels 2-4 (Sheet 23). No one was present representing the applicant. There being no opposition present, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that this request be approved for a period of five years. Vote: Unanimous 78S072 In Bermuda Magisterial District, Eugene B. and Shirley C. Call requested rezoning from Convenience Business (B-I) to Community Business (B-2) of a .275 acre parcel fronting approxi- mately 80 feet on Willis Road and located approximately 100 feet west of its intersection with Quinnford Boulevard and better known as 2007 Willis Road. Tax Map 82-5 (2) Bellwood Manor, Lots 55 and 55A (Sheet 23). Mr. Call was present. Mr. Dodd stated he felt in order for this application to be properly considered, a deferral of 60-90 days was necessary. Mr. Call indicated that would be okay. On motion of Mr. Dodd, seconded by Mr. Apperson, this request was deferred until October 25, 1978. Vote: Unanimous 78S082 In Bermuda Magisterial District, Thomas F. Beck, Jr. requested 78-295 rezoning from Residential (R-7) and Community Business (B-2) to General Business (B-3) of a 1,75 acre parcel fronting approximately 200 feet on Jefferson Davis Highway also fronting approximately 430 feet on MerrieWood Road and located in the southeast quadrant of the intersection of these 'roads. Tax Map 67-3 (3) Patterson Park, Lots 1 and 2 (Sheet 23). No one was present representing the application. It was on motion of Mr~ Dodd, seconded by Mr. Bookman, resOlve~hm~ was approved subject to the condition that a buffer strip of not less than thirty (30) feet in width be provided along the rear property line and that a solid board or chain link fence with solid inserts be constructed along the rear lot line. Vote: Unanimous 78S075 In Clover Hill Magisterial District, M. Lee Winder requested rezoning from Residential (R-7) to Agricultural (A) plus a Conditional Use to permit professional offices on a parcel fronting approximately 257 feet on Turner Road and located approximately 420 feet north of its intersection with Hull Street Road and better known as 2200 Turner Road. Tax Map 40-2 (1) Parcel 3-3 (Sheet 15). Mr. Les Saunders, representing the applicant, stated that there was some concern in the area regarding the increased traffic from this office. He stated there would only be 6 personnel and they would go to the clients~ offices rather than the clients coming to this location. Mr. Saunders also stated that if-I~the request were approved he would like the use to go with Mr. Winder as well as his partner, would like to have the opportunity to install an entrance in from Turner Road and stated his client would not like to dedicate the frontage for future road widening at this time. Mr. Michael Spinelli, spokesman fort~e Forestdale Subdivision, stated they were in opposition to this rezoning because of the heavy traffic that exists on Turner Road at this time, because of the additional traffic that will abuse- the road into Forestdale which the community association strives to keep presentable and attractive, that the entire area is zoned residential and this might be a foot in the door for additional business zoning. Mr. Spinelli also presented a petition signed by 57 homeowners in Forestdale in opposition to this request and acknowledged that 14 people were present at the meeting to indicate their negative position. Mr. Sam Wagstaff was present and requested deferral of this application until he could investigate what it effect it would have on his property. Mr. Glass, Mr. Jim Rose, Mr. Henry Brown, Mr. A1 McQuims, Mrs. Cunningham and others spoke against this application stating that the road could not handle additional traffic because it was narrow with deep ditches, that this was a residential area and they would like it to remain that way, that this would decrease the values of their homes, that with the double entrance to Forestdale clients will have to come into the subdivision to go back to this office, and that businesses and other zoning will slowly creep down the road once it begins. Mr. Brown stated he had been approached to sell additional land to pro~ideadrive~ayfor t~s p~rcel'~ut ~e had not been told to the plans for this rezoning and had sold with the thought that it was for a private, residential driveway. Mr. Saunders stated that there was a tire company adjacent to this property, that this business would be a good transitional piece of property which would not damage the area, that they would only have 14 parking spaces, that this was not an integral part of the subdivision and should not be considered as such. Mr. Bookman stated he had talked to Mr. Hubbard when he was planning this about 2 months ago and he had expressed his concern about the rezoning. Mrs. Girone stated she felt the integrity of zoning was at stake here, and 78-296 even though this was not a contiguous part of the subdivision it looks as though it~is. She added that to protect the integrity of the zoning and for health and safety reasons she could not support this request~ Mr. Bookman stated this is a nice neighborhood and he co~nended the community for its upkeep, that business is encroaching this way and it will have to stop someplace and to approve this request would be inviting commercial zoning into the area~ ~r~ Apperson stated that he felt this would be an ideal transition from residential to business because it would not change the physical appearance outside except for additional parking spaces and he could support such rezoning. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this request be denied. Ayes: Mrs. Girone and Mr. Bookman. Nays: Mr. Apperson Abstentions: Mr~ O'Neill and Mr.~Dodd because of personal reasons due to staff recommendations. 78S076 In Midlothian Magisterial District, The Bon Air Green Company requested rezoning from Residential (R-15) to Office Busine~ (0) and a Conditional Use for Planned Development on a parcel fronting approximately 426 feet on Forest Hill Avenue and also fronting approximately 79 feet on Huguenot Road and located in the southwest quadrant of the intersection of these roads. Tax Map 10-2 (2) Bon Air Knolls, Lots 17 and 18 (Sheet 3). Mr. Woolfolk was present and stated he agreed with the conditions recommended except that he would like to have some relief on the setbacks that are being required and added that 30% of the land is being tied up in these setbacks. Mrs. Girone stated she could not consider economic factors in zoning but she would like to have Mm Woodfolk investigate the possibility of working with the Church to utilize theirlparking area. Mr. Woolfolk stated he would also like the hours for refuse pick-up to be from 7:00 p.m. to 7:00 a.m. Mrs. William Yates stated they were present in opposition because they bought their homes in a residential area and they would like it to remain that way, that this would be spot zoning, that once this type of zoning was granted others would come and that pollution will come with additional traffic. She added that Mr. and Mrs. Goodwin were also present in opposition but should the Board see fit to grant this request she had a list of conditions she would like imposed. Mr. Yates stated that he felt Mr. Woolfolk was a good developer, there is no ~animosity between anyone involved, that they felt Forest Hill would be the buffer between business and residential, that they have not fought everyone who has tried to develop in the area but they would prefer this request not being approved. Mr. Yates added further that he would prefer shrubbery rather than a fence along the property line. Mr. Woolfolk stated he would go along with the conditions which the property owners had requested. Mr. Larry Roark of Citizens Savings and Loan was present and voiced his opposi- tion because of the increased traffic on an already bad road which proposed area will have an entrance almost directly across from theirs. Mrs. Frances Thomas stated her opposition to this area cons~.dering some arrangement with the Church because people will take a short cut to the parking lot. She added further there currently exists a very bad drainage problem in the area. Mrs. Gail Woodall stated her opposition to this rezoning also because of the increase in traffic. Mr. Woolfolk stated there would be no additional water flow problem from his development onto other properties, Mrs. Girone stated that theories have not changed regarding the roads but times have changed. She stated the Larus Tract will be developed soon, that even though the residents feel this is bad, if not approved, something worse may receive approval; that hours would only be from 9:00 a.m. to 5:00 p.m., the 78-297 increase in traffic would not be too much, that this is a good transition from residential to business rather than commercial and that the feeling of the domino effect is unwarranted. After further consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr~ Bookman, resolved that this request be approved subject to the following~ conditions which incorporate those wishes of the residents with the exception of number 13 changing the time to 7:00 a.m.: This Conditional Use shall be limited to construction of buildings having a total gross floor area of no more than 24,000 square feet. Forty-five (45) feet of the right-of-way shall be dedicated to and for the County of Chesterfield, free and unrestricted, from the centerline of Forest Hill Avenue. This dedication shall be accomplished prior to the release of a building permit. With the approval of this request, the applicants shall be granted relief from the fifty (50) foot parking setback requirement along Forest Hill Avenue. In no case shall park- ing be located any closer than fifteen (15) feet from the ultimate right-of-way line of Forest Hill Avenue. A land- scaping plan shall be submitted for that area located between the right-of-way line and the parking area to the Division of Development Review for approval and in conjunc- tion with final site plan review. Within this area, sufficient evergreen planting shall be provided in order to screen the parking from view along Forest Hill Avenue. The proposed development shall be served by one entrance along Forest Hill Avenue, to be located no more than 100 feet from the southeastern property line. An additional entrance shall/may be provided along Huguenot Road~ A thirty (30) foot buffer strip shall be provided along the southern property line. Within this buffer strip, all existing vegetation shall be retained with the exception of an area which may be cleared for the erection of a six (6) foot high solid board fence or brick wall to be located a minimum of ten (10) feet from the property line. Underbrush in the buffer area may be cleared and additional evergreen vegetation shall be planted in cleared areas of 100 square feet or greater. o In conjunction with final site plan review, a landscaping plan, depicting buffer areas and existing and proposed vegetation, shall be submitted to the Division of Development Review for approval. The above noted conditions notwithstanding the plan prepared by Charles Shiftlett submitted with the application and attached hereto shall be considered the schematic plan. Unless there is any appreciable change in the overall lay- out, the Division of Development Review shall grant final site plan approval provided all conditions'and codes are complied with. Ail structures shall have a Colonial Williamsburg design. In conjunction with site plan approval, renderings shall be submitted to the Division of Development Review for approval. No structure shall exceed two stories in height. (construction of an English basement excepted.) The uses permitted shall include a drive-in bank and those uses permitted in the Office Business (0) District~ Specifically, business, governmental and professional offices, libraries, medical clinics and pharmacies (provided the pharmacy is located within the same building or structure housing medical office or clinics). 78-298 10. 11. 12. 13. 14. 15. 16. 17. 18. The above noted conditions notwithstanding all applicable bulk requirements of the Office Business (0) District shall govern this development, Ail parking areas shall be paved. No exterior incineration shall be permitted on premises. No refuse pick-up shall be permitted between 7:00 p.m. and 7:00 a.m. Noexterior display of goods or n~rch~rmLiae~ whether or not for sale and whether or not sponsored by or for charitable or service organizations, shall be permitted. All outdoor lighting shall be no higher than 15 feet and shall be designed so as not to project light into adjacent properties, No exterior sound system of any kind shall be installed or used. The developer and his successors shall maintain the fence. A permanently installed and timely maintained drainage system shall be installed to divert all water run off from the contiguous property~ Vo t e: Unanimous 78S088 In Dale Magisterial District, Calcourt Properties, Inc. requested rezoning from Agricultural (A) to Residential (R-7) of 58.3 acres of a parcel fronting approximately 650 feet on Hopkins Road and located opposite its intersection with Thurston Road. Tax Map 81-9 (1) part of Parcel 1 (Sheet 22/23), Mr. Apperson asked Mr. Frazier, representative for Calcourt Properties, if he wm aware that 80% of the area under com~ideration was indicated by the U.S. Corps of Engineers as in the flood plain. Mr. Frazier stated they were. There being no oooosition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolve that this reqUest be approved. Vote: Unanimous 78S089 In Clover Hill Magisterial District, Whitestone Associates requested rezoning from Agricultural (A) to Residential (R-9) of 40.17 acres on a parcel lying approximately 800 feet off the south line of Midlothian Turnpike and located at the southern terminus of Wadsworth Drive. Tax Map 28-6 (1) parcel 4 (Sheet 8)~ Mr. Delmonte Lewis was present and stated that because all the adjacent property owners were not notified of the first hear- tngheld on February 22, 1978, the County Attorney felt unzs would nullify the aporoval granted on that date. So they had readvertised and notifled all adjacent property owners. He addded further that there were no new developments and that they would pay their share to improve Wadsworth Drive to RoUte 60 up to $5,000 and that those houses closest to Scottingham would have a minimum square footage of 1,800 sq. ft. He added ~further that the lot sizes are on the average of 12,000 sq. feet but some may be 10,000 sq. ft. and another may be 15,000 sq. ft. Mr. George Hudgins stated he would like the lot sizes to be ~larger and was against Wadsworth being extended. Mr. Bookman indicated that the Planning Commission would have to address the traffic patterns. Mr. Lewis stated they would not clear the iland anymore than was absolutely necessary. After further idiscussion of the matter, it was on motion of Mr, Bookman, 78-299 seconded by Mr. Dodd, resolved that this request be approved with the understanding the develooment will be as compatible with the adjacent area as possible and with the understanding he will take into consideration the hOuses closest to Scottingham regarding square footage and improvements on Wadsworth. Vote: Unanimous Mr. O'Neill excused himself from the meeting. 78S090 In Clover Hill Magisterial District, Clara Turner Brown requested rezoning from Agricultural (A) to Residential (R-15) of a .67 acre parcel fronting approximately 70 feet on Hicks Road and located approximately 900 feet northwest of its inter- section with Dowd Lane. Tax Map 39-11 (1) part of parcel 2 (Sheet 14). Mr. Julian Robinson was present. There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be approved. Vote: Unanimous 785092 In Clover Hill Magisterial District, Emmett T. Smith, Jr. an4 James W. Longest requested rezoning from Residential (R-7) to Agricultural (A) and a Conditional Use for professional offices on a parcel fronting approximately 110 feet on Walmsley Boulevard and located approximately 50 feet west of its inter- section with Newington Drive and better known as 6301 Walmsley Boulevard. Tax Map 40-7 (1) parcel 17 (Sheet 15). Mr. Smith was present. Mr, Bookman discussed with Mr. Smith the hedge vs. a solid board fence. There being no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved subject to the following conditions: No exterior change (other than necessary maintenance) to either the existing dwelling or outbuildings shall be permitted. Parking shall not be permitted in other than the rear yard of the parcel. Ail parking areas shall be screened in the following manner: An evergreen hedge having a width of not less than 2 ft. or height of not less than 6 ft. shall be provided along the east line and the south line to the point of existing natural buffer. 3. Only one (1) si.~n no larger t~han two (2) square feet shall be permitted. 4. No outside storage of materials, equipment or supplies shall be permitted. The above noted conditions notwithstanding all requirements as applicable to Office Business (0) zoning shall be required of this use. Vote: Unanimous 78S093 In Bermuda Magisterial District, Thomas L, Haynes requested 78-300 rezoning from Residential (R-7) to Agricultural (A) and a Conditional Use for professional offices on a parcel fronting approximately 110 feet on West Hundred Road also fronting approximately 220 feet on Mount Clair Road and located in the northeast quadrant of the intersectin of these roads and better known as 3130 West Huguenot Road. Tax Map 116-5 (3) Dalewood, Lots llA, 12A and 13A (Sheet 32). There being no one present to discuss the application, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be denied. Vote: Unanimous Mr. O'Neill returned to the meeting. 78S095 In Bermuda Magisterial District, Lelon A. Moore requested a Conditional Use to permit a stock farm (one horse) in a Residential (R-7) District on a parcel lying at the western terminus of Cicero Parkway. Tax Map 133-2 (1) parcel 1 (Sheet 41). Mrs. Moore was present and agreed to the conditions recommended. There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Apperson, ~esolved that this request be approved subject to the following conditions: This Conditional Use shall be restricted to Lelon A. Moore and shall not be transferrable, nor run with the land. 2. No more than one horse shall be kept on the property. The pasture area shall be located at least 100 feet from any residence. The area shall be appropriately fenced in order to properly secure the horse. The pasture area shall be cleaned and made free from manure when necessary. In addition, fresh straw and disinfectant shall be applied to eliminate the proliferation of odor and propagation of insects. No commercial activity with respect to the keeping of the horse shall be permitted. This Conditional Use shall be valid for a period not to exceed three (3) years from date of approval and may be renewed upon satisfactory reapplication, which must demon- strate that the keeping of this horse has not (and will not) adversely affected adjacent properties. If and when any portion of Parcel 1 is sold to another party, the applicant must reapply for a Conditional Use to permit the keeping of a horse on the remaining property. Vote: Unanimous 78S096 In Matoaca Magisterial District, W. C. Scott requested a Conditional Use to permit the keeping of commercial vehicles in an Agricultural (A) District on a parcel fronting approximately 193 feet on Harrowgate Road and located approximately 400 feet north of its intersection with Somerlane Road. Tax Map 163-1 (1) Parcel 10 (Sheet 49). Scott was present. There being no opposition present, was on motion of Mr. O'Neill, seconded by Mr. Dodd, resolved 78-301 that this request be approved subject to the following conditions: 1. This Conditional Use shall be restricted to and for Winston C. Scott exclusively and shall not be transferrable nOr run with the land. This Conditional Use shall be in force for a period not to exceed six years from date of approval, Upon expiration the applicant shall remove all commercial vehicles from the subject property. No more than four (4) commercial vehicles (two (2) oil trucks and two (2) ice cream trucks) shall be parked on the property, These vehicles shall be confined to an area behind the existing house and within the existing fenced area, No additional structures in conjunction with the parking of these vehicles shall be erected on the property. Ail trash and debris shall be removed from the property withir 30 days of the date of approval of this Conditional Use, Vote: Unanimous 78S097 In Dale Magisterial District, Dennis and Allen J. Stemmle requested a Conditonal Use to permit retail sales, service and repair of plumbing equipment in a Light Industrial (M-l) District on a parcel fronting approximately 170 feet on Whitepine Road also fronting approximately 250 feet on an unnamed cul-de- sac and located southeast of Customer Metals Fabrication, Inc. Tax Map 79 (1) Part of Parcel 1-1 (Sheet 22). Mr. Apperson inquired why this was before the Board. Mr. Balderso stated this use was not permitted in an M-1 District. After further discussion of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved subject to the condition that there is no outside storage of materials, equipment or supplies (this does not apply to the parking of service vehicles.) Vote: Unanimous 78S098 In Matoaca Magisterial District, Rebecca F. Bows requested a Conditional Use for a second dwelling in a Residential (R-7) District on a parcel fronting approximately 100 feet on Jackson Street and located approximately 210 feet south of its inter- section with Totty Street and better known as 21509 Jackson Street. Tax Map 182-13 (1) Parcel 33 (Sheets 53/54). Mrs. Bowe was present. There being no opposition, it was on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that this request be approved subject to the following conditions: Public water and sewer shall be used. The driveway serving this request shall either be paved or graveled. The exterior appearance of the structure shall be similar to that of the existing house which is located on the property. Vote: Unanimous 78-302 ll.C. Mr. O'Neill excused himself from the meeting. 78S101 In Matoaca Magisterial District, Harrowgate.~Ssociates requested a Conditional Use to permit a swim and racquet club in a Residential (R-9) District on part of a parcel which lies approximately 880 feet off the west line of Harrowgate Road and at the western terminus of Tarris Road and located within proposed Mill Stone Subdivision. Tax Map 132-15 (1) parts of Parcels 104 and 105 (Sheet 41). Mr. ~Jeff Collins was present representing the applicant. There being no opposition, it was on motion of Mr~ Dodd, seconded by Mr. Apperson, resolved that this request be approved subject to the following conditions: A 50 foot buffer shall be provided along the north, east and south property lines. Existing vegetation shall be retained where possible; however, in cleared areas of 200 square feet or greater, dense evergreens having an initial height of not less than 3 feet shall be planted. No structure recreational facilities or parking areas s~all be located within this buffer area. A single access drive may, however, be permitted through this buffer area. A solid fence (either wood or chain link with wood slats) not less than 6 feet in height shall be provided along the north, east and south property lines. o A minimum of one parking space shall be provided for each four persons of pool capacity (Note: pool capacity is based on 12 persons per diving board olus one person per each 27 square feet of swimming area, p~us one person for each 10 square feet of wading area) and four spaces shall be provided for each tennis and racquet ball court. These parking spaces shall be either paved or graveled. o Ail outdoor lighting shall be no higher than 15 feet and shall be designed so as not to project light into adjacent properties. The hours of operation shall be limited to Sunday through Thursday from 8 a.m. until 9 p.m. and Friday through Saturday from 8 a.m. until 11 p.m. o This Conditional Use shall be limited to the construction of tennis and racquet ball courts, a swimming pool and club house with the required parking facilities to serve this use. o Only one sign, which shall not exceed eight (8) square feet in area, shall be permitted. This sign shall not be illuminat nor shall it be luminous. A rendering of the sign shall be submitted to the Division of Development Review for approval. o Prior to obtaining a building permit, final site plans shall be submitted to the Division of Development Review for approval~ In conjunction with final site plan review, a landscaping plan depicting the vegetation in the buffer area shall be submitted for approval. The above noted conditions, notwithstanding, the site plan submitted with the application and attached hereto, shall be considered the plan of development. Vote: Unanimous On motion of Mr. Dodd seconded by Mr. Bookman, Mr. Linwood Carroll was appointed to the Citizens Transportation Advisory Coramittee for the Metropolitan Planning Organization which aopointment is for two years. Vote: Unanimous 78-303 Mr. O'Neill returned to the meeting. Mr. Meiszer distributed copies to the Board of information on the analysis of government costs, LGOC Conference and a letter received from Mr~ Jack Shoosmith. The Board generally agreed to discuss the letter from Mr. Shoosmith at its August 9, 1978~meeting. The Board recessed until 6:30 p.m. Reconvening: On motion of Mr. Apperson, seconded by Mr. Dodd, the Board went into Mxecutive Session to discuss personnel matters. Vote: Unanimous Reconvening: On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adjourned at 9:15 p.m. Vote: Unanimous ~qicholas M~ ~IeiSze~ Administrator Eq ~ ~I~Neill, S*r. Chairman 78-304