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09-27-1978 Minutes1.A. 1.B, o BOARD OF SUPERVISORS MINUTES September 27, 1978 Supervisors Present: Mr. E. Mmrlin O'Neill, Sr., Chairman Mrs. Joan Girone, Vice Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman Mr. R. Garland Dodd Mr. Nicholas M. Meiszer County Administrator Staff in Attendance: Mr. Bru~e Kimble, Asst. Co, Attorney Mr. Steve Micas, County Attorney Mr. ~effrey Muzzy, Dir. of Connmnity Development Mr. Robert Painter, Utilities Dir. Mrs. Girone called the meeting to order at the Courthouse in the absence of the Chairman at 9:05 a.m. (EDST) Mr. Dodd gave the invocation. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the minutes of September 13, 1978, as amended. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, the Board amended a resolution regarding Secondary Route 1532 of the August 23, 1978 minutes as follows: Whereas, Secondary Route 1532, from a point 0.26 mile north of Route 616, then proceeding northeasterly a distance of 0.04 mile, has been altered, and a new road~ has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered. Now, Therefore, Be It Resolved that Secondary Route 1532 be and the same hereby is abandoned as a public road from a point 0.26 mile north of Route 616, then proceeding northeasterly a distance of 0.04 mile, pursuant to Section 33.1-155 of the Code of Virginia, 1950, as amended. Vote: Unanimous Mr. Painter stated he had attended the State Water Control Board meeting on September 26 and a decision had not been made at that time regarding any comnitment from them to the County regarding the Falling Creek Sewage Treatment Plant. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the following water contracts: W78-102CD/6(7)8025 Sunnybrook, Section "A'" Developer: Stern Realty Corporation Contractor: Fred W. Barnes Construction Company Contract Cost: $62,766.00 County Cost: $ 5,563.85 Refund through connections Code: 366-1-11684-7221 78-355 o o IIio o 2. W78-103CD/6(7)8035 Bollinger Estates Developer: Lawrence R. Belcher Contractor: Piedmont Construction Company Contract Cost: $30,555.10 County Cost: $12,297.78 Code: 366-1-11684-7221 - $6,150 through Connections And further the Board appropriated $6,147.78 for cash refund from 563 surplus to 380-1-68035-7212. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, the Board appropriated $441.00, cash refund, from 563 surplus to 380-1-68832-7212 for Water Contract W78-83CD/6(7)8832, Ramblewood Road, awarded on August 23, 1978. Vote: Unanimous Mr. Painter stated that he would like the Board to be aware that the Utilities Department wants to change their procedure of discontinuing the installation of water service lines in new subdivisions by the County and have this work performed by the developers' contractors at the same time the water mains are constructed. He added that County forces would continue to install individual services on existing lines. He cited reasons such as the backlog that is usually one week to six weeks behind, training personnel to do this type of work, equipment maintenance costs will be red~ced, the critical storage problem will be somewhat alleviated, this would allow County forces to concentrate on installing more water lines and it would allow more time to perform necessary maintenance work and improve the total maintenance program. Mr. Bookman inquired how the developers felt about this. Mr. Painter stated some were in favor of it and some were not. He added it w~ll cost the developer about $100 more a lot using this procedure. Mr. Bookma stated he felt an adjustment of fee should be considered. After further discussion of the matter, it-~as generally agreed that Mr. Painter should draft a proposal for the Board to consider at the October 25, 1978 meeting and then the public hearing could be scheduled for consideration of this matter. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the following sewer contract: S78-90CD/7(7)8902 Professional Office Building, 8133 Forest Hill Avenue Developer: H. Wilson Addington, Henry W. Corey and Julian C. Metts, Jr. Contractor: Piedmont Construction Company Contract Cost: I~,179.00 County Cost: ,224.00 through connections Code: 573-1-11781-7221 Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, it was resotved tha Sewer Contract S78-19C, HUD Project No. B-77-DS-51-0104, ~Drewry' Bluff Roadarea, be awarded to Piedmont ConstructionCo,, Inc~ in the amount of $100,867.50; that the County Administrator be authorized to execute said contract; and that $14,839.56 be appropriated from 573 (Surplus) to 380-1-78191-2142 (Engineering Services - $5,472 and 380-1-76011-4393 (Construction Contract - $9,367.50). 78-356 Vote: Unanimous l ooI o VII. VIII. Mr. O'Neill joined the meeting, Mr. Painter stated the Utilities Department would like aut tion to receive bids for the construction of the Kingsland Creek Trunk Sewer from U. S. Route 1 to east of Interstate 95. He added further that the lines would take care of what currentl' exists but the pressure from new developments is creating problems and soon the 12" line will have reached its capacity. After further discussion of the matter, it was on motion of Mr. Apperson, seconded byMr. Dodd, resolved that theBoard authorized the Utilities Dept. to receive bids for the construction oftheKingsland Creek Trunk Sewer from U. S. Route 1 to east of 1-95. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board rescinded action of July 26, 1978, denying Mrs. Catherine Wingo a reduced sewer connection fee of $300.00 because records indicate that the Wingos had signed the contracts which legall? bin the County to charge the fee in existence at that time, no specie exception being necessary. Vote: Unanimous The Board discussed notifications which the County must mail out to individuals involved in such things as sewer line extensions, water extensions, zoning cases'and mobile home permits. Mrs. Girone and Mr. Apperson stated adjacent !ando~mer~ involved in some recent zoning and mobile home- cases were never notified about the meetings. It was generally agreed that this matter would be-discussed in more detail later in the day. Mr. Painter stated the developers of Stonemill Subdivision, Rowe Associates, need to acquire a sewer easement across the Quesenberry Property in order for the sewer line to have capacity for future upstream development. He stated that the developers have made an offer to purchase the easement and/or the land and neither was accepted. He stated further that the offers made were very reasonable and were more than the appraised value of the land by the County Assessor. Mr. Bookman inquired if there was an alternative. Mr. Welchons stated one alternative could be considered but it was not very practica After further discussion of the matter, it was on motion of Mr. Bookman,~ seconded by Mr. Apperson, resolved that the County assist in acquiring the easement provided the developer sign a contract agreeing to pay the cost of the acquisition. Vote: Unanimous Mr. Painter presented the Board with a list of developer sewer and water contracts which the County Administrator had executed Mr. O'Neill inquired what progress was being made on the paving of Milhorn and South Streets. Mr. Painter stated that no work had been done at this time. Mr. O'Neill stated that there was no need to wait for the Highway Department because the quali~y of ~ork the~-County would be doing would not affect that of the Highway Department. After further discussion of the matter, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that the Utilities Department move forward with the paving of Milhorn and South Streets and the streets in Gatewood and SpringHill by receiving bids and further that the Utilities Department is authorized to award this.contract to thelowest bidder and that the contract may be divided if necessary in order to net the lowest cost which may be needed since the two areas are such a distance apart. Vote: Unanimoum 78-357 4. A.& Mr. O'Neill stated this work should be completed prior to November 1, 1978, because the roads would be impassable after that time. Mr. Apperson stated that perhaps a more centrally located storage area would be helpful to the Utilities Department and County vehicles would not have to travel to the City. Mr. Painter stated hehadincluded this item inhisbudget several tinms, Mr. Bookman suggested that if the landwere sold, then maybeenough could be gained to build a new building. It was generally agreed that Mr. Painter should include this item in next year's budget. Mr. Meiszer stated the Board had received two requests from the School Board. Mrs. Girone stated she felt the request for water to Watkins Elementary School needed further study with regard to the number of fire hydrants that were needed and whose responsibility it was to finance this water line. Mr. Meiszer stated the second request was to transfer monies from the bond interest earned account to the bond fund expenditur account. He stated the Board should decide whether the interest earned would go to the School System or if it should be used to pay off the debt service and further who is responsible for the financial management of the funds. After further consideration of the requests, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that these request.s be deferred until October 25, 1978 for further study. Vote: Unanimous It was on motion of Mr. Bookman, seconded bY Mrs. Girone, resolved that reconsideration of the water bond issue for $5,000,000 be tabled. Vote: Unanimous Mr. McElfish stated that a save-harmless agreement was needed for Barnes Spring Subdivision in Brandermill because the easement was on the golf course and Brandermill preferred not to have County forces maintain it but that they themselves would. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board accepted an agreement between the County and Brandermill, the developers of Barnes Spring Subdivision, and authorized the County Administrator to sign a save-harmless agreement with the Department of Highways and Transportation for certain drainage easements that may be necessary to be acquired in Barnes Spring Subdivision, between lots 25 and 26. Vote: Unanimous Mrs. Girone stated she would like the Board to appropriate $100 to the Youth Services Commission and the Chesterfield County Heritage Commission ~o cover miscellaneous expenses such as mailing, printing and copying material relating to their meetings and activities. Mr. O'Neill stated he felt a matter of this nature could be handled administratively and not require Board action since the Board sanctioned the establishment of such groups, Mr. Micas stated that ~hen each resolution was adopted establishing the Commission it was with the understanding that there would be no Cost to the County and would not require additional staffing. Mr. O'Neill stated that was true but such services as printing, mailing and copying were not considered a cost but more of an in-kind contribution. Mr. Micas stated that if that was the intent at the time the two Commission were established then the County Administrator could handle these matters administratively. 78-358 o o 10. 11. 12. On motion of Mrs. Girone, seconded by Mr. Dodd, effective January 1, 1979, the resolution adopted by the Board df Supervisors on May 10, 1970, setting a mandatory retirement age of 65 is rescinded and all permanent, full-time employees of Chesterfield County must retire no later than the date that they attain the age of 70. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board authorized the County Administrator to enter into an Agreement with the State Corporation Commission, Division of Aeronautics, for a portion of the Airport Master Plan in the amount of $2,258. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board respectfully requests that the Circuit Court Judges appoint the following men as police officers for Chesterfield County effective October 16, 1978: Oral D. Breedlove Richard W. Hensel Vote: Unanimous On motion of Mrs. Girone, seconded by Mr, Apperson, the Board approved a fireworks display for the Chesterfield County Fire Department to be held on October 14, 1978, at the Fair Grounds during the Annual Fire Show. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Apperson, the following resolution was adopted: Whereas, Mrs. Gretchen Woodruff has served on the Southside Beautification Committee since August 25, 1976, as Chesterfield County's representative; and Whereas, Mrs. Woodruff has promoted a clean environment in Southside Virginia's towns, cities and counties; and Whereas, Mrs. Woodruff has found it necessary to resign from this Committee after giving many hours of her time in an effort to make Southside Virginia a cleaner and nicer place in which to live. Now, Therefore, Be It Resolved that this Board of Supervisors wishes to express its appreciation for her time and efforts while representing Chesterfield County on the Southside Beautification Committee; and~ Be It Further Resolved that a copy of this resolution be presented to Mrs. Woodruff and that this resolution be permanentl' recorded among the minutes of the Board of Supervisors of Chesterfield County, dated September 27, 1978. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the following erroneous tax claims were approved for payment: Hawkins &Dettor Sales Corp. Walthall Construction Corp. 1978~Personal Property 1978 Personal Property $ 170.28 30.96 Vote: Unanimous 78-359 13. 14. On motion of Mr, Dodd, seconded by Mrs. Girone, the Board approved a game claim from Mr. Oscar H. Anthony in the amount of $22.50 for the destruction of t0 bantams and one pheasant, as recommended by the State Department of Agriculture. Vote: Unanimous Mr. Meiszer stated he had received a letter from Col. William Olmsted Antozzi regarding the noise pollution on Lake Chesdin and its disturbing effects on residents in the area by boatswithoverhead exhausts. Hr. Meiszer stated that the Appomattox River Water Authority met and discussed the possible restriction of some of the uses on Lake Chesdi~ He added its ma~n purpose was a reservoir for water and not recreational activities and with all the activity there the water was becoming polluted with gas and oil leaks and there already exists a problem with the algae. It was generally agmeed that this Board would not t~ke any action at this time, pending action by the Appomattox River Water Authority. Mr.. Meiszer informed the Board that the Department of Highways had formally notified the County that the roads in Hidden Valley, Sections 2 and 5, had been accepted into the State Secondary Syst~n: Length Bluemont Road - Beginning at its intersection with Cresthill Road, State Route 1596, northerly 0.11 mile to a temporary turnaround. 0.11 mi. Millwood Road - Beginning at its intersection with B~rchleaf Road westerly 0.09 mile to a dead end. 0.09 mi. Birchleaf Court - Beginning at its intersection with Birchleaf Road westerly 0.04 mile to a cul-de-sac. 0.04 mi Birchleaf Road - Beginning at its intersection with Cresthill Road, State Route 1596, northerly 0.06 mile to its intersection with Birchleaf Court, thence north- erly 0.06 mile to intersection with Millwood Road, thence northerly 0.11 mile to a temporary turnaround. 0.23 mi Mr. Meiszer informed tNe Board that the grant for the Parks and Recreation Department to conduct three summer camps at Camp Thunderbird for the elderly in cooperation with the Capital Area Agency on Aging had been approved in the amount of $3,300. The Board received information regarding citizen participation in Ettrick during the Community Development Block Grant Administration Process which would be discussed at the October 11 1978, meeting. Mr. Meiszer apprised the Board of some appointmenns that were still unfilled. On motion of Mr. Apperson, seconded by Mr. Bookman, the following people were appointed to the Youth Services Commission represent- ing Dale District for a term as indicated: Mrs. Robert Lofquist (one year) Rev. C. B. Jackson (two years) Mrs. Donald T. Foster(three years) Vote: Unanimous 78-360 On motion of Mr. Apperson, seconded by Mr. Bookman, Messrs. Kelly Miller and Knox Ramsey were reappointed to the Chesterfield County Industrial Development Authority ~ffective immediately and whose terms will expire July i, 1982. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Apperson, Mr. Richard L. Blanton was reappointed to the Richmond Metropolitan Authority representing Chesterfield County effective immediately and whose term will expire June 30, 1982, Vote: Unanimous Mr. Meiszer presented the Board with a copy of a letter and resolution from the Mathews County Board of Supervisors. The Board acknowledged receipt of the correspondence,regarding the manner in which salaries and expenses for constitutional officers were set by the State Compensation Board. Mo action was taken on this request. Mrs, Girone stated there would be a meeting at the Bon Air Presbyterian Church on October 2, 1978, at 8:00 p.m. to discuss the land u-se plan for the Bon Air Village and invited anyone interested to attend. Mr. Muzzy stated he had prepared a copy of this report for all the Board members to have and it would be distributed soon. Mr. Meiszer distributed a copy of the revised County monthly report. Mrs. Girone inquired how this was to be ~istributed as she had already received requests. After further consideration of the report, its size and cost for distribution, it was general agreed that the libraMies as well as the County Administrator's office would have these available for any citizen wishing to pick it up. Mr. Muzzy was present and discussed the matter of people not receiving notices regarding mobile home permits and/or zoning requests. Mrs. Girone and Mr. Apperson indicated khat this has happened several times recently and inquired why. Mr. Muzzy stated he had proposed a new procedure which would be more expensive but should take care of the problem.' Mrs. Girone indicated the procedure had been working fine until just recently and she did not want to spend more money with a new procedure. She added further that some did not receive notices but some were not even li~ted as adjacent property owners. Mr. Muzzy explained that the applicants are responsible for listing adjacent property o~ners, that the County staff should do this but there is not enough staff to accomplish this and in the cases where the notices were sent and not received, he could only assume the mail was lost after reaching the post office The Board members voiced their concern over these types of situations and asked that all staff ~embers be made aware of and follow procedures for mailing out notices, Mr. Dodd excused himself from the meeting. On motion of Mr. Apperson, seconded by Mrs, Girone, the Board authorized the installation~-of a double-wide trailer for the Credit Union in the same location where the Credit Union offices are presently located. Vote: Unanimous 78 -361 Mr. Dodd returned to the meeting. On motion of Mr. Apperson, seconded by Mr, Bookman, the Board approved and authorized the County Administrator to execute Rider No. 1 to the agreement for purchase of electricity and electric services from VEPCO terminating June 30, 1979 which increases the charge per kilowatt hour by $.002291. Vote: Unanimous Mr. O'Neill stated he had approved street lights in Beverly Acres a year or so ago but they had hot been installed as yet. Mr. McElfish, Environmental Engineer, was present and was asked to see that the lights were installed. Mr. O'Neill inquired what the situation was on Fitzhugh and Wil=ox Streets. Mr. McElfish stated that Vepco would be changing the old lights to ]the newer lights and he would keep him informed if this took care of the poor lighting problem. Mr. Meiszer informed the~Board they would be meeting for lunch with the Airport Advisory Board on October 11, 1978. Mrs. Girone stated she felt it was time the Board discussed the road situation in the~County. She stated that work on Route 147 had been deferred numerous times, that Route 60 will not be widened until next year, and that whenever a problem arises it will be Put in the plans 3-15 years away. Mr. Dodd vo£ced his concern citing three requests to the Highway Department inv61ving the Chester area which were all denied. Mr. Bookman stated he has had problems involving three intersect- ions in his area. Mr. O'Neill sta~ed the Highway Department has ignored the traffic pattern changes in the County. Mr. Micas stated that the Board could consider asking the General Assembly to adopt legislation authorizing Chesterfield to control its own roads with funding the same as Henrico County and Arlington. Mrs.~.Giron~ made a motion~that the General Assembly delegation be asked to addpt legislation allowing Chesterfield County to construct and maintain its own roads as is done in Henrico County and Arlington with the same funding mechanism with the possibility df a 10 year phasing in program. After further discussion of the matter, Mrs. Girone withdrew her-motion and the County Administrator and County Attorney were asked to investigate matter further, study the Fairfax Report and bring a report back to the Board for discussion, with the inclusion of said request in the legislative program submitted by the County. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board requested that the Highway Department begin a program for realignin~ and widening the existing Courthouse Road from Route 10 to Oenlto Road and Chat it be consideced for the Primary System. Vote: UnanimoUs On motion of Mrs. Girone, seconded by Mr. Apperson, the Board requested the Highway Department to study the intersection of Route 150 and Jahnke Road with the objective beirut he construction of cloverleaf interchange at this intersectiOn.~ Vote: Unanimous Mr. A1 Wynne, Director of Mental Health/Mental Retardation, was present and stated that Dr. Morton Horowitz had been selected to attend the Advance Training Program in Community Health A~ministration beginning in October. He added that Dr. Horowitz 78-362 had been selected from 200 applicants throughout the Country, the session would be held in Leesburg, it would consist of 4 sessions of 10 days each and the Department of Health, Education and Welfare was paying 100% of the cost. On motion of the Board, congratulations were expressed to Dr. Horowitz for being.one of the 26 selected to attend this session. Vote: Unanimous Mr. Wynne stated he had received a letter from the Bagley Commission who visited the Mental Health/Mental Retardation Department expressingtheir pleasure at what the County was doing in this regard. Mr. Meiszer distributed pictures ofa,pre~ngineered g~n which could be purchased for the gym for the Juvenile Detention Home. He stated the cost is approximately $250,000 for a full Size gym, we have received a grant for $100,000, the second year grant in the amount of $100,000 is not guaranteed and there is approximately another $50,000 of which the County would have to appropriate funds, After consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the County proceed with the construction of a Varco-Pruden, Butler, Armco or similar pre-engineered building for the gym, that we proceed even though the second $100,000 grant is not guaranteed and that the County increase its commitment of local funds from approximately $11,000 to approximately $50,000 which will total $250,000 for the total construction of this project. Vote: Unanimous Mr. Appersonstated there would be a Legislative Conference with the Welfare Board on November 16th at the Chester Holiday Inn at approximately 8:00 a.m, if any Board members were interested in attending. Mr. Meiszer distributed some license tax information which allows the County to increase license taxes if desired. Mr. O'Neill stated he did not feel this was necessary and did not feel taxes should be raised. It was generally agreed that this matter be tabled. Mr. A~personexcusedhimself from the meeting. Mr. Bookman inquired if the Board would like to discuss tax relief for~the elderly and handicapped. Mrs. Girone stated she felt the elderly tax relief was fine and that the State standards for the handicapped was so low it would not help. She added she had talked with some handicapped persons and they would not qualifY. Mr. Bookman stated that perhap~ this matter should be investigated further. Mr. Bookman suggested that Joan Dolezal should be appointed as Clerk to the Board of Supervisors. Mr, Micas stated that present legislation did not allow this, that the Clerk to the Board wasMr. Meiszer. After further consideration andMr. Meiszeragreeing, it'was on motion of the Board, resolved that Joan Dolezal be apPointed Deputy Clerk to the Board of Supervisors with any salary increment to be considered by Mr. Meiszer. Vote: Unanimous Mr. Apperson returned to the meeting. Mr. Apperson recorded his support of the previous motion appointing Joan Dolezal as Deputy Clerk to the Board of Superviso~ 78-363 15. The Board recessed for lunch. Reconvening: 78SR163 In Matoaca Magisterial District, Donald J. Hughes requested renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 3200 South Street. Tax Map 149-14 (7) Lot E, Block D (Sheet 41). Mr. Hughes 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 78S164 In Bermuda Magisterial District, Mr. G. E. Baldwin requested a Mobile Home Permit to park a mobile home on property which he owns and better known as 2668 Drewry's Bluff Road. Tax Map 67-3 (1) parcel 11-2 (Sheet 23). Mr. Baldwin was present. There being no opposition, it was on monion of Mr. D6dd, seconded by Mrs. Girone, resolved that this request be approved for a period of five years. Vote: Unanimous 78S165 In Midlothian Magisterial District, Ms. Mildred Stargardt Kelley requested a Mobile Home Permit to park a mobile home on property which belongs to Mary S. Stargardt, mother of the applicant, and better known as 7922 Lake Shore Drive. Tax Map 18-12 (3) parcel 1, Block B (Sheet 8). }~s, Kelley was present. There being no opposition, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved for a period of two months as requested b the applicant and further the fee is hereby waived for this application. Vote: Unanimous 78S166 In Bermuda Magisterial District, 1Rs. Carolyn Page Gregory requeste a Mobile Home Permit to park a mobile home on property which belongs to Mrs.~ and Mrs. Page R. Gregory, parents of the applicant, and better known as 4241 W. Curtis Street. Tax Map 115-11 (1) parcel 8-1 (Sheet 32). ~ Ms. Gregory was present. There beingino opposition, it was on motion of Mr. Dodd, Seconded by Mrs. G%rone, resolved that this request be approved for a period ~f five years. Vote: Unanimous 78S167 In Clover Hill Magisterial District, Ms. F. L. UnderwOod requested a Mobile Home Permit to park a mobile home on property which she owns and better known as 310 N. Arch Road. Tax Map 18-13 (1) parcel 7-2 (Sheet 8). 78-364 Mrs. Underwood was present and stated the purpose of the trailer is for someone to live in it to protect her day care facilities. She stated only one adjacent property owner has not signed and he is the same one who sold her property and he does not want to devalue his other property with a trailer located close by because he is trying .ito sell other parcels. She stated she has had considerable damage done by vandalism and someone living in her trailer would afford some protection. Mrs. Underwood stated she did not need the trailer there for five years and would accept less. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved for a period of three years subject to the condition that this trailer will be used solely for security purposes while it is located on this parcel. Vote: Unanimous 78S168 In Bermuda Magisterial District, Mr. William K. Post, Jr. requested a Mobile Home Permit to park a mobile home on property which belongs to W. K. Post, Sr., father of the applicant, and better known as 2521 Merriewood Road. Tax Map 67-4 (2) parcel 32, Block B (Sheet 23). Mr. Post was present. There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that this request be and it hereby is approved for a period, of five years. Vote: Unanimous 78S037 In Dale Magisterial District, John E. Harris requested rezoning from Residential (R-7) to Office Business (0) of a 2.46 acre parcel fronting approximately 450 feet on Salem Street and located approximately 30 feet east of its intersection with Strathmore Road. Tax Map 53-6 (1) Parcel 2 (Sheet 16). Mr. Apperson stated that some interested persons were told this case would not be on the agenda until 2:30 p.m. and asked that this case be deferred until later in the day. It was generally agreed that this case should be deferred until all persons interested were present. 78S130 In Matoaca Magisterial District, M. Dean Whittington requested rezoning from Agricultural (A) to Residential (R-7) of a ~5 acre parcel fronting approximately 129 feet on Winfree Avenue and located approximately 1086 feet north of its intersection with River Road. Tax Map 181-5 (2) William E. Gill Estates, Lot 40A (Sheets 53/54). Mr. Balderson, Asst. Director of Community Development, stated the applicant had asked that the 'Board accept a withdrawal. After further discussion of the matter, it was generally agreed that the Board would accept the applicant's request for withdrawal. 78S136 In Midlothian Magisterial District, Halford I. Hayes requested rezoning from Residential (R-15) to Agricultural (A) and a Conditional Use for a law office on a parcel fronting approximately 160 feet on Forest Hill Avenue also fronting approximately 250 feet on Choctaw Road and located in the northwest quadrant of the intersection of these roads and better known as 8710 Forest Hill 78-365 Avenue. Tax Map 10-6 (4) Mohawk, Block B, Lot 1 (Sheet 3). Mr. Balderson stated the applicant would like the Board to accept his withdrawal of the application. After consideration of the matter, it was generally agreed that the Board would accept withdrawal of the application. 78Sl15 & 78Sl16 In Clover Hill Magisterial Districts, Brandermill requested two amendments to a previously granted Conditional Use for Planned Development (74S021) (1) to eliminate Condition #10 requiring construction of a connector road between the Village of Bright Hope and 01d Hundred Landing and (2) to permit an additional access to Route 360. These requests are on a 2443.53 acre parcel fronting approximately 8850 feet on Hull Street Road, approximately 7700 feet on the south line of Genito Road and located on the west line of Old Hundred Road between Genito and Hull Street Roads. Tax Map 36 (1) Parcel 4; Tax Map 46 (1) Parcels 23-1 & 32-1; Tax Map 47 (1) Parcels 6 and 9; Tax Map 61 (1) Parcels 6, 8 and 9; Tax Map 61-12 (1) Parcels 1 and 6; Tax Map 61-16 (1) Parcel 5; and Tax Map 62 (1) Parcel 20 (Sheets 13 and 20). Mr. Clarke Plaxco, representing the applicant, presented the Board with drawings indicating the changes they would like to have made which they felt sure the Highway'Department would accept. Mr. Plaxco stated there would be one access and it would be one way. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that these two requests be approved with the understanding that the access would be one way and would conform to the plans as presented to this Board of Supervisors by the applicant for 78Sl16. Vote: Unanimous 78S129 In Matoaca Magisterial District, Hanover Investment Company requested rezoning from Agricultural (A) to Residential (R-7) of a .5 acre parcel fronting approximately 128 feet on Hampton Avenue and located approximately 150 feet north of its inter- section with River Road. Tax Map 180-16 (1) Parcel 27-1 (Sheet 52~ Mr. Michael Boyer was present representing the applicant. Mr. O'Neill inquired if the houses would be built comparable to those in the area but not those across the street. Mr. Boyer stated they would not be like those across the street but like those in the general area. After further consideration of the matter, it was on motion of Mr. O'Neill, seconded by Mr. Dodd, resolved that this request be approved. Vote: Unanimous 78S132 In Bermuda Magisterial District, Bob Newton requested rezoning from Agricultural (A) to Residential (R-40) of an 11 acre parcel fronting approximately 400 feet on Chester Road and located approximately 2400 feet south of its intersection with Centralia Road. Tax Map 97-10 (1) part of Parcel 9 (Sheet 32). A representative for Mr. Newton was present and stated because of the enormous costs for sewers, they were going to install septic tanks but would provide the sewer easements. There being no further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be approved. 78-366 Vote: Unanimous 78S135 In Midlothian Magisterial District, Greenfield Company Association Inc. requested an amendment to a previously granted Special Exception (Case #75A025) to permit extended hours of operation on a parcel fronting approximately 350 feet on Woodmont Road, and located approximately 150 feet north of its intersection with Guilford Road. Tax Map~9-10 (3) Greenfield, Section A, Lot 10 (Sheet 3). ~A representative for Greenfield Company Association was present. There being no opposition present, it was on motion of Mrs. Girone seconded by Mr. Dodd, resolved that this request for an amendment to Special Exception 75A025 to permit ho~r~ of operation to be extended to 7:00 a.m. to 1:00 a.m. be approved subject tothe conditions that the public address system and all other radios, record and tape players not be utiliZed afterl.ll:00 p.m. and the extension of these hours would expire two years from date of approval but may be renewed upon satisfactory reapplication. Vote: Unanimous Mr. O'Neill excused himself from the meeting. 78S137 In Midlothian Magisterial District, Frank T. McCormick and Michael G. O'Neill requested rezoning from Residential (R-7) to Agricultural (A) and a Conditional Use for professional offices on a parcel fronting approximately 100 feet on Crowder Drive and located approximately 100 feet south of its intersection with Westfield Road, and better known as 1216 Crowder Drive. Tax Map 15-12 (2) Parcel 2-3 (Sheet 7). Mr. McCormick was present and stated the conditions were acceptabl~ but he would prefer not'to install a fence as it did not con. form with the area. Mr. John Smith was present and stated he did not object to this request but was concerned about the manner in which the zoning would be accomplished. He stated the Board was subverting the principals of zoning for the expediency of a particular use. Mr. Bookman inquired if this permit would run with the land or with the people. Mr. Balderson stated that it would run with the land unless the Board otherwise specified. Mr. Micas stated that unless it is limited, it runs with the land as in any other zoning case. There being no opposition, it was on motion of Mrs. Girone, · seconded by Mr. Dodd, resolved that this request be approved subject to the following conditions: The only uses permit~ted shall be business and professional offices and these uses shall be conducted entirely within the existing single family residence. No additions to the existin structure shall be permitted. Thirty (30) feet of right-of-way shall be dedicated to and for the County of Chesterfield, free and unrestricted prior to the issuance of any building permit. Ail parking shall be located behind the front of the existing structure. All parking and driveways shall be paved. One sign, not to exceed a height of four (4) feet and an area of ten (10)square feet shall be permitted, iThis sign shall not be luminous nor shall it be illuminated. 78-367 Prior to obtaining a building permit or occupancy, a detailed site plan including the above noted requirements shall be submitted to the Division of Development Review for approval. The above noted conditions notwithstanding the requirements of of the Office Business (0) District shall be applicable. Vote: Unanimous Mr. O'Neill returned to the meeting and Mr. Dodd excused himself from the meeting. 78S138 In Bermuda Magisterial District, Mid-City Properties requested an amendment to the conditions of zoning (Case #76S144) to permit an additional entrance onto Osborne Road on a parcel fronting approximately 250 feet on Jefferson Davis Highway also fronting approximately 422 feet on Osborne Road and located in the southwest quadrant of the intersection of these roads. Tax Map 98,14 (1) Parcel 1 (Sheet 32). Mr. Pete Hopkins was present. There being no opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be approved subject to the Virginia Department of Highways and Transportation approving the location of the entrance/exit. Vote: Unanimous Mr. Dodd returned to the meeting. 78S139 In Bermuda Magisterial District, Eric B. McKeithan requested a Conditional Use for an outdoor recreational facility in a General Industrial (M-2) District on a parcel fronting approximately 395 feet on Route 10 and located approximately 450 feet west of its intersection with Pine Bark Road. Tax Map 117-9 (1) Part of Parcel 2 (Sheet 33). There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be and it hereby is approved subject to the following conditions: The site plan accompanying the application shall be considered the general plan of development, the following condition excepted. Ail bulk requirements as applicable under the Convenience Business (B-l) zone shall apply to this Conditional Use. 3. Only one access shall be provided. A right turn lane having a width of not less than 12 feet shal be provided from the entrance parallel with the property line Dedication of right-of-way for this turning lane shall be accomplished prior to the issuance of any building permit and construction of the turning lane shall meet the minimum requirements of the State Highway Department. Vote: Unanimous 78S140 In Bermuda Magisterial District, Walthall Development Corporation 78-368 requested rezoning from Agricultural (A) to Residential (R-9) of 125 acres on a parcel fronting approximately 2400 feet on Ruffin Mill Road, and located approximately 2800 feet east of its intersection with Richmond-Petersburg Turnpike. Tax Map 50-5 (2) Radtke Valley Farms, Lot 1 and Tax Map 150 (1) Parcel 4 (Sheet 42). There was no opposition present. Mr. Dodd stated he did not think this area should go residential because it is the last interchange along 1-95 that can be developed, that if homes are constructed in this area they will not be compatible with other development in the area, and that a large foundry will be co~ing into the area soon. Mr. Bookman suggested that perhaps the owners of the land under consideration should be encouraged not to develop this land until they see what else is coming in. Mr. O'Neill stated he, too, felt this was poor planning and he would like to see the developers of the land contact Mr. George Woodall to ascertain the availability of industrial development in this area. Mr. O'Neill added further that people will be coming to the Courthouse to oppose any further development of this area once homes are constructed and if this rezoning were approved, he would like notice in the deeds that this is an industrial area and further businesses and manufacturing companies will be encouraged to develop in the area. Mr. Whitman, representing the applinant, stated he did not see any problem inserting such a notice in the deeds. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that rezoning to Residential (R-12) be approved as recommended by the Planning Commission. Vote: Unanimous except for Mr. O'Neill who abstained. 78S037 In Dale Magisterial District, John E. Harris requested rezoning from Residential (R-7) to Office Business (0) of a 2.46 acre parcel fronting approximately 450 feet on Salem Street and located approximately 30 feet east of its intersection with Strathmore Road. Tax Map 53-6 (1) Parcel 2 (Sheet 16). Mr. Harris stated residents in the area were upset because they felt office use in the area would devalue their property. He presented the Board with a letter from a reputable real estate salesman with Cardinal Realty which states the value will increase rather than decrease, there is not adequate sewers in the area to serve the 30 units that could be conStructed under present zoning, that there is adequate water, homes would generate more traffic than the offices proposed and this would be a way of protecting the residents there now from a use that could be worse for the area. Rev. Cawood, representing the landowners in opposition, stated the residents are not opposed to Mr. Harris using his land if he develops it aa residential, that they are concerned with the increased traffic that will makethe road unsafe for children to walk on, that the traffic will be unbearable as people will seek short cuts through their subdivision to get where they are going and will not use Chippenham Parkway, and that there is an access problem to this property because people will have to go to Hopkins and come back through the Subdivision to get to the offices Mr. Whitt, Mr. Richard Clarke, Mrs. Delores Anderson, Mrs. Rose Whitt and Mr. Callico spoke against this request because they bought in a residential neighborhood and they wanted it to re- main that way, they were concerned about the safety of their children, that other requests for offices would be requested across the street, there is a water pressure problem in the area, this property would attract young people ~t night who wOuld park in the area, delivery trucks would have to traverse these roads, that the area would have to be lit for security purposes which would put lights at night into peoples homes, and that homeowners in the area will be more careful when driving so as not to hit 78-369 children playing than those coming to the offices on business. Mr. Smm Barker was present and stated he felt the people did not realize what an asset office businesses in the area could be. He stated that he has developed many offices in Colonial Heights and there has never been any type of problem with residents. He added he felt this would be a good use for the land Rev. Cawood stated they had surveyed the area and 200 people were opposed to this rezoning being approved. Mrs. Girone~stated that the hours of operation would probably be 9 a,m. to 5 p.m., no working on Saturdays, no dogs, no additional children in the area, and would offer a buffer from commercial zoning. Rev. Cawood stated the people would be glad to have additional homes built in this area rather than offices. Mr. O'Neill stated that homes built today would average $35,000 rather than be compatible with the $40,0D0 - $50,000 homes in the area now. After discussion for about 2~ hours, Mr. Apperson stated he felt other zoning could come in and be worse for the neighborhood but he felt that if this case were approved, the people were ready to take the matter before the Courts, He added he was concerned for the health and safety of the people in the area with the incraased traffic that could come. He added that this case has caused the residents to be very emotional and this was natural. Mr. Apperson made a motion to deny the request. There was no second. A vote being taken: Ayes: Mr. Apperson. Nays: Mr. O'Neill Abstaining: Mrs. Girone, Mr. Bookman and Mr. Dodd. Mr. O'Neill stated he felt there was a personality problem which was keeping the residents and the applicant from reaching an agreeable solution, Mrs. Girone stated she felt the people will not be happy with R-7 development in the area and suggested they work with the developer. Mr. Bookman stated he would like to look at this area himself. Mrs. Girone agreed that she would also like to ride the roads when the busses let the children out and other times during the day. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be deferred until October 25th, at which time one spokesman from the opposition and one represehting the applicant will be allowed to speak. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Bookman and Mr. Dodd. Abstention: Mr. Apperson. Mrs. Girone excused herself from the meeting. 78S133 In Bermuda Magisterial District, Dr. Kenneth Copeland and Jean P. Copeland requested rezoning from Agricultural (A) to Community Business (B-2) of the rear 106 feet of two parcels fronting approximately 212 feet on Route 10 also fronting approximately 226 feet on East Avenue and located in the south- west quadrant of the intersection of these roads. Tax Map 118-9 (2) Westover Farms Subdivision, Part of Lots 61 & 62 (Sheet 33). Mr. Sam Barker was present and agreed with the proposed condition~ There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be approved subject to the condition that a 25 foot buffer strip consisting of the existing trees and shrubs be provided along the southern property line. There may be no clearing or grading within this buffer strip nor shall any structures or play areas be located within this buffer area. 78-370 Vote: Unanimous 78S134 In Matoaca Magisterial District, Albar Realty Inc. requested rezoning from Community Business (B-2) to General Business (B-3) of a 1.25 acre parcel fronting approximately 150 feet on Jefferson Davis Highway also fronting approximately 200 feet on Aldridge Avenue and located in the northeast quadrant of the intersection of these roads. Tax Map 163-7 (4) Boulevard Heights Block A, Lot 1 (Sheet 49). Mr. Sam Barker was present, representing the applicant. There being no opposition, it was on motion of Mr. D'Neill, seconded by Mr. Dodd, resolved that this request be approved subject to the conditions that a 35 foot buffer strip be provided along the east property line. A six foot high solid board fence located 15 feet west of the property line shall be installed along the line. The buffer strip shall be planted with ever- greens on both sides of the fence. A landscaping plan depicting the planting within the buffer strip shall be submitted to the Division of Development Review for approval. Vote: Unanimous Mr. Bookman stated that paving for Milhorne Street, South Street, and the roads in Gatewood and Spring Hill requires bidding but the time delay in the bidding process would send the project beyond any acceptable date for paving. It was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this Board of Supervisors determines that it is not feasible to bid pursuant to Section 2-10, of the County Code because of the nearness of winter and authorizes the Utilities Department to negotiate a price for this work. Vote: Unanimous Mr. Meiszer presented the Board with a copy of a letter from the Highway Department notifying Chesterfield of a 90 day delay for overall consideration of the various alternatives under consideration for the Route 1-95 Corridor between Richmond and Petersburg. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board adjourned at 5:30 p.m. Vote: Unanimous Nicholas M. Meiszer~ - County Administra o~ E. Mer'lin O' . Chairman 78-371