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02-28-1979 Minutes2oA. BOARD OF SUPERVISORS MI N UTE S February 28, 1979 Supervisors in Attendance: Mr. E. Merlin O'Neill, Sr., Chairman Mrs. Joan Girone, Vice-Chairman Mr. J. Ruffin Apperson Mr. C. L. Bookman Mr. J. Ruffin Apperson Mr. Nicholas. M. Meiszer County Administrator Staff in Attendance: Mr. Steve Micas, County Attome~ Mr. Jeffrey Muzzy, Director of ~ty Develop~mnt Mr. Robert A. Painter, Director of Utilities C~ief Joseph Pittman, Police De] Mr. Lane Rmmsey, Budget Directs. Mrs. Girone called the meeting to order at the Courthouse in the absence of the Chairman at 9:10 a.m. (EST) Mr. Bookman gave the invocation. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the minutes of February 14, 1979 as amended. Vote: Unanimous On motion of the Board, the following resolution was adopted: Whereas, Flooding experienced in Chesterfield County caused significant damage to a 24" water main located on Route 1; and Whereas, The damage would have left many citizens in the southern portion of Chesterfield County without water; and Whereas, The City of Colonial Heights permitted the Chesterfie] County Fire Department to transmit water from their water lines to the County's storage tank; and Whereas, This assistance from the City of Colonial Heights prevented an interruption of water service sparing many Chesterfield County citizens significant discomfort and potential danger. Now, Therefore, Be It Resolved that the Board of Supervisors of Chesterfield County wishes to express their gratitude and sincere appreciation for assistance and cooperation received from the' City of Colonial Heights duri~g the recent flooding. Vote: Unanimous The Board authorized the County Administrator to write letters of appreciation as appropriate ~o those assisting in the flooding situation as well. Mr. Meiszer stated that had it not been for Fire Department's assistance, citizens would have been without On motion of the Board, the follo~ing resolution was adoPted: Whereas, Mr. Harry J. Burton passed away on February 15, 1979, after the County since April 15, 1965, as an employee in the Utilities Department; Whereas, Mr. Burton has rendered a valuaole service to Chesterfield Count and 79-84 2.B. III o Whereas, It has been to the credit of the County and its citizens to have Mr. Burton as an employee of the County; and Whereas, It is the desire of the Board to recognize his faith- ful service to the County and to spread this recognition upon the Minute Book of the Board of Supervisors of Chesterfield County. Now, Therefore, Be It Resolved, that this Board publicly recognizes the faithful and diligent service of Mr. Burton to his family and extends on behalf of its members and the people of Chesterfield County their sorrow at his passing; And Be It Further Resolved that a copy of this resolution be permanently recorded among the papers of this Board of Supervisor~ of Chesterfield County, Virginia. Vote: Unanimous On motion of the Board, the following resolution was adopted: Whereas, Mr. Rucker A. Scott passed away on February 14, 1979, after serving the County since September 18, 1967, as an employee in the Utilities and General Services Departments; and Whereas, Mr. Scott has rendered a valuable service to Chesterfield County; a_nd Whereas, It has been to the credit of the County and its citizens to have Mr. Scott as an employee of the County; and Whereas, It is the desire of the Board to recognize his faithful service to the County and to spread this recognition upon the Minute Book of the Board of Supervisors of Chesterfield County. Now, Therefore, Be It Resolved that this Board publicly recognizes this faithful and diligent service of Mr. Scott to his family and extends on behalf of its members and the people of Chesterfield County their sorrow at his passing. And Be It Further Resolved that a copy of this resolution be permanently recorded among the papers of this Board of Supervisor~ of Chesterfield County, Virginia. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the Board awarded and authorized the County Administrator to execute necessary documents for Water Contract W78-70CD/6(7)8702, Ramblewood Drive, H a~kins & Dettor in the aura .unt of $45,500 and further the Board appropriated $50,050 from 563 Surplus to 380-1-68702-4393 for this contract. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the Board awarded and authorized the County Administrator to execute necessary documents for Water Contract W79-5C/6(7)9051, Land-O-Pines, to William Harmon in the amount of $110,071.62 and further the Board apPropriated $121,078.78 from 563 Surplus to 380-1-69051-4393. Vote: Unanimous except for Mr. Apperson who abstained because he felt the price was too high. Mr. Bookman excused himself from the meeting. On motion of Mr. Apperson, seconded by Mr. Dodd, the Board approved and authorized the County Administrator to execute the necessary documents for the following water contract: 79-85 W79-14CD/6(7) 9142 Sunnybrook, Offsite Developer: Continental Development Corporation Contractor: Bookman Construction Company Est. Contract Cost: $57,841.00 Est. County Cost: $32,492.29 and further the Board appropriated $4,083.48 from 563 Surplus to 380-%-69142-7212 and approved refunding $28 408.81 through connections from 366-1-11684-7221. ' Vote: Unanimous Mr. Bookman returned to the meeting, and Mr. O'Neill joined the meeting. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board awarde~ and authorized the County Administrator to execute necessary documents for Sewer Contract S79-11C/7(7)9111, Rehabilitation of the Falling Creek Sewerage System, to Quality Sanitary Service in the amottnt of $100,962.00 for Parts A and B, the award to a single bidder bein~ in the best interest of the County, and further the Board appropriated $120,000 from 571-1-11730-2651. Vote: Unanimous Mr. Painter stated he had received a request from the Salisbury Corporation, developers of Salisbury-Marlboroug~ Downes Section, for refunds for the entire cost of off-site to this development. He stated the request is for $43,945.00 but in accordance with normal policy only portions of the off-site are considered refundable. After consideration of this matter, it was on of Mrs. Czir. o~ne, seconded by Mr. Bookman, resolved that the Salisbury Corporation, developers of Salisbury-Marlborough be reftmded the first 601.58 L.F. of off-site sewer from the sanitary sewer connection fees collected on from this development in the amount of $14,980.26, as recommended by the Utilities Dep ar tmen t. Vote: Unanimous Mr. Painter stated the Utiliti~s Department had received a reque: from Mrs. B. H. Morgan, owner of Lot 8, Block B, Mockingbird Hills, to install a force main from Lot 8, Block B, across Birdsong Lane to Lot 15, Block A, to Lot 14, Block A to the existing manhole along Swift Creek trunk sewer. Mr. Bookman stated this was a hardship case and a septic tank had been appro] for a two bedroom home and poss.ibly with this approval the Healtl Department would permit her to znstall a septic tank and should it fail, she could install this system. After further consider-I ation of this matter, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that this request be approved subject to Mrs. B. H. Morgan paying any and all associated costs for the installation of the force main system and subject to these restriction being recorded in the deed for this parcel of land. Vote: Unanimous VII Mr. Morris Mason, representing Mr. George Harvey who is owner of the White House Motel, was present to request that Mr. Harvey be allowed to pay the sewer connection fee of $10,000 over an eighteen month period. Mr. Micas stated the Constituticn of Virginia prohibits the County from extending credit to benefit a private individual. Mr. Apperson inquired if a private citizen could be extended credit. Mr. Micas stated he was not satisfied that would be correct either but that it is clear that it cannot be done for a business. Messrs. O'Neill, Apperson and Bookman stated they felt this would be to the County's best interest as it would be bringing a new customer on from which 79-86 VIII. o XI. 1, the County would receive monthly charges, that Mr. Harvey would pay the legal rate of interest and it would be for only 18 months. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that Mr. George Harvey, owner of the White House Motel, be allowed to connect to the public sewer system of the County and to pay the sewer connection fee of $10,000 over an eighteen month period and pay the legal rate of interest which is 8%. Vote: Unanimous except for Mrs. Girone,who voted against this action because the Board was advised by the County Attorne that this was unconstitutional. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board authorized the County Administrator to accept a deed of dedicatior on behalf of the County from Chester Development Partnership, A Virginia General Partnership for a 50' x 130' strip of land located 943' from Chalkley Road on Ironbridge Road. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Dodd, the Board authorized the County Administrator to accept a deed of dedication on behalf of the County from Joseph O. Condrey, Jr. and Dorothy V. Condrey for a 1,856' strip of land running west from Courthouse Road. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board authorized the County Administrator to accept a deed of dedicati01 on behalf of the County from Marvin J. Null and wife and William C. Trimmer and wife for a 14' wide strip of land located on Forest Hill Avenue. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Apperson, the Board accepted the counteroffer from Mr. Philip DeB. Rome,. attorney for Mrs. Gladys F. Sweet, for the purchase of additional right-of- way for improvements to Ramblewood Road, Route 617, located in Bermuda District, in the amount of $4,000 for 0.15 acres more or less with the understanding that Mrs. Sweet will grant a con- struction easement for work to be done in this area. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating Short Avenue in Augustus Wright Estate Subdivision and also known as West Chesterfield Heights. There being no one present to discuss this matter, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that the following ordinance be and it hereby is adopted: An Ordinance to vacate Short Avenue in the Augustus Wright Estate Subdivision, also known as West Chester- field Heights, Matoaca Magisterial District, Chesterfield County, which portion is fifty (50) feet in width more or less and two hundred and seventy seven (277) feet in length more or less, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 8 at page 49. Whereas, Norman D. Cooley has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a street of 50 feet in width in the Augustus Wright Estate Subdivision, 79-87 also known as West Chesterfield Heights, Matoaca Magisterial District, Chesterfield, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 8, page 49, made by J. W. Pugh, Engineer, dated April 29, 30, 1941. The street petitioned to be vacated is more fully described as follows: A street fifty (50) feet, more or less, in width beginning on the west line of Oakland Avenue and running in a westwardly direction for a distance of two hundred and seventy seven (277) feet more or less, the location of which is more fully shown shaded in red on a plat made by J. W. Pugh, Engineer, dated April 29, 30, 1941, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the street sought to be vacated. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia:, That pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid street be and is hereby vacated and is no longer necessary for public use. The Grantees hereby reserve unto the Grantor a sewer and drainage ~asemmnt of 20 feet in width, which easement traverses the entire length of the street vacated by this Ordinance and which easement is located so that there remains 15 feet between the edge of the easement and the edge of the street vacated, all as more fully shown on the attached plat. This Ordinance shall be in full force and effect in accordance with Section 15.1-482(b) of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no 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 destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the centerline of the aforementioned street in the property owners of the abutting lots on the north and south sides of the portion of Short Avenue hereby vacated free and clear of any rights of public use with the exception of the rights reserved herein by the Grantor for a sewer and drainage easement. Accordingly, this Ordinance shall be indexed in the names of the Counny of Chesterfield as grantor and Samuel Eli Cooley and Bessie Louise Cooley (Husband and wife), the Estate of Margaret Cooley Mountcastle, Thelma C. Brown and the Estate of R. H. Cooley or their successors in title, as grantees. Vote: Unanimous XI. 2. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of an alley easement in the Hylton Park Subdivision. There being no one present to discuss this matter, it was on motion of Mr. Bookman, seconded by Mr. Apperson, the following ordinance was adopted: An Ordinance to vacate a portion of an alley easement in the Hylton Park Subdivision, Section B, Clover Hill 79-88 o XI. 3. Magisterial District, Chesterfield County, which portion is eight (8) feet in width and two hundred and sixty nine and three hundredths (269.03) feet in length, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 14, at Page 16. Whereas, Lyle D. Ackerman has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate an ease- ment of 8 feet in width in the Hylton Park Subdivision, Section B, Clover Hill Magisterial District, Chesterfield, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 14, Page 16, made by J. K. Timmons, Civil Engineer, dated July 1, 1964. The easement petitioned to be vacated is more fully described as follows: .An easement eight (8) feet in width and running in an eas,t--westwardly direction for a distance of two hundred and sixty nine and three hundredths (269.03) feet, the location of which is more fully shown shaded in red on a plat made by J. K. Timmons, Civil Engineer, dated July 1, 1964, 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 easement sought to be vacated. Now, Therefore, Be It Resolved 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 alley easement be and is hereby vacated and is no longer necessary for 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 of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.1-483 is to destroy the force and effect of 'ihe recording of the portion of the plat vacated. This Ordinance shall vest fee simple title of the entire width of the aforementioned easement in the property owners of the lot, within the boundaries of the subdivision, free and clear of any rights of public use. ~ccordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and Lyle D. Ackerman and Shirley R. Ackerman, (husband and wife), or their successors in title, as grantees. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of a plat within Cameron Farms Subdivision. There being no one present to discuss this matter, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that the following ordinance be adopted: 79-89 o XI. 4. An Ordinance to vacate a portion of a plat within Cameron Farms Subdivision, Bermuda Magisterial District, Chesterfield County, as shown on plat thereof recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 7 at pages 14 and 15. Whereas, on its own motion, the Board of Supervisors of Chesterfield County, Virginia is considering vacating a portion of z,~ plat within Cameron Farms, Bermuda Magisterial District, Chesterfield, Virginia more particularly shown on a plat recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 7 at pages 14 and 15, made by J. W, Pugh, Engineer, dated April, 1936. The portion of the subdivision plat to be vacated is more fully described as follows: A portion of Cameron Farms, more fully described as follows: 1) Lots 18 through 39 each in their entirety, including an old mill and wharf road; and, 2) a right of way including cul-de-sac between lot 34 and lots 35, 36, 37, 38 and 39, all as more fully shown outlined in red on a plat made by J. W. Pugh, Engineer, dated April, 1936, 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 subdivision sought to be vacated; 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 above described portions of the Cameron Farms Subdivision are hereby vacated and are no longer necessary for 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 of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this ordinance pursuant to Section 15.1-483 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title in the County of Chesterfield, Virginia of the lots, rights of way and roads hereby vacated, 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 the County of Chesterfield or their successors in title, as~grantees. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled to consider an ordinance vacating a portion of Orlando Avenue. M~.s. Robert'W. Sandridge, Sr., the petitioner, was present. Mr. Dodd stated there was some development underway which might need this road as an access to their development and he could not vacate it at this time. He stated that should the develop- ment not need this roadway for access, he would consider it at that time. There being no further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request be denied and further that Mr. and Mrs. 79-90 Robert Sandridge, Sr. be reimbursed their application fee for vacating Orlando Avenue. Vote: Unanimous XI. 5. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of a drainage and utility easement in McKesson Place, Section A. There being no one present to discuss this matter, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that the following ordinance be adopted: An Ordinance to vacate a portion of a drainage and utility easement in the McKesson ~ Place Subdivision, Section A, Clover Hill Magisterial District, Chesterfield County, which portion is sixteen (16') feet in width, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 12 at page 83. Whereas, James H. Newell has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate an easement of 16 feet in width in the McKesson Place Subdivision, Section A, Clover Hill Magisterial District, Chesterfield, Virginia, more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 14, page 83, made by Foster and Miller, Certified Surveyors, dated January 2, 1962. The easement petitioned to be vacated is more fully described as follows: An easement of sixteen (16) feet in width which traverses porti~ons of lots 1, 2, 15, and a lot designated as "reserved" in Block B, Section A, of the McKesson Place Subdivision, as shown shaded in red on a plat made by Foster and Miller, Certified Surveyors, dated January 2, 1962, 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 easement sought to be vacated. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: Than pursuant to Section 15.1-482(b) of the Code of Virginia, 1950, as amended, the aforesaid easement be and is hereby vacated and is no longer necessary for public use. This Ordinance shall be in full force and effect in accord- ance with Section 15.1-482(b) of the Code of ~irginia, 1950, as amended,and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia, pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 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 of the aforementioned easement in the property of the abutting lots free and, clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and ]rvin G, Homer and James H. Newell, or their successors in title, as grantees. Vote: Unanimous 79-91 XI. 6. XI. 7. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of a 16' easement in Orchardhill, Section 4. There being no one present to discuss this matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the following ordinance be and it hereby is adopted: An Ordinance to vacate a portion of a 16 foot easement in Orchardhitl, Section 4, Lot 7D, Dale Magisterial District, Chesterfield County, which portion is variable in width and twenty-four and three tenths (24.3) feet in length, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 31 at page 71. Whereas l Ryan Homes Incorporated has petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of a 16 foot easement in Orchardhill, Section 4, Lot 7D, Dale Magisterial District, Chesterfield,.'¥irginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 31, page 71, made by Bremner, Youngblood and King, Incorporated, Consulting Engineers, dated March 17, 1978. The easement petitioned to be vacated is more fully described as follows: A portion of easement variable in width and twenty- four and three tenths (24.3) feet in length, the location of which is more fully shown on a plat made by Bremner, Youngblood and King, Consulting Engineers, dated January 4, 1979, 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 easement sought to be vacated. 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 easement be and is hereby vacated and no longer necessary for 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 of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfield, Virginia'pursuant to Section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 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 of the portion of the easement hereby vacated in the grantees or their successors in title, 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 Ryan Homes Incor- porated, or their successors in title, as grantees. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance vacating a portion of Jade Road. Mr. Harmon stated the applicant had requested a 90 day deferral of consideration of this ordinance. On motion of 79-92 Mr. Bookman, seconded by Mr. Dodd, the request of the applicant to defer consideration of an ordinance vacating a portion of Jade Road be and it hereby is deferred until May 23, 1979. Vote: Unanimous ~ 3. XII. 1. Mr. Painter distributed a copy of deVeloper water and sewer contracts executed by the County Administrator. XII. 2. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved and authorized the County Administrator to execute necessary documents for the following Sewer Contract: 7(7) 7792 Homers Run Extension Developer: S.F.P. Company and Rockwood Square Associates Contractor: T & E Construction Company Estimated Contract Cost: $123,420.00 Estimated County Cost: $ 31,786.61 (Refunds from Sewer connection fees for off-site and oversize sewers - 573-1-11781-7221. Vote: Unanimous 4.A. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Millvale Road, Millvale Court, Cordova Lane and Wedgemere Road in Glen Wood, Section A, Clover Hill District. Upon consideration whereof and on motl;on of Mr. Bookman, seconded by Mr. Apperson, it is resolved that Millvale Road, Millvale Court, Cordova Lane, and Wedgemere Road in Glen Wood, Section A, Clover Hill District, be and they hereby are established as public roads. And be it further resolved that the Virginia Department of Highways and Transportation be and it hereby is requested to take into the Secondary System, Millvale Road, beginning at Newby's Bridge (State Route 649~) thence easterly 0.07 mile to Millvale Court thence easterly 0.07 mile to Cordova Lane thence easterly 0.04 mile to a dead end; Millvale Court, beginning at Millvale Road thence southerly 0.05 mile to a cul-de-sac; Cordova Lane, beginning at Millvale Road thence northerly 0.04 to a cul-de-sac. Beginning at Millvale Road thence southerly 0.09 mile to Wedgemere Road; Wedgemere Road, beginning at Newby's Bridge Road (State Route 649) thence easterly 0.12 mile to Cordova Lane thence easterly and southerly 0.12 mile to a temporary turnaround. These roads serve 63 lots. And be it further resolved that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right- of-way for all of these roads. This section of Glen Wood is recorded as follows: Section A, Plat Book 26, Pages 69 and 70, June 18, 1976. Vote: Unanimous 4. B. On motion of Mr. Apperson, seconded by Mr. Bookman, the street name Red Oak Lane was changed to Red Leaf Road because of a duplication in names. Vote: Unanimous Mr. McElfish, Environmental Engineer, stated the RRPDC had approved this name but County staff found it was a duplicate. Mrs. Girone inquired if the street names were on a computer at the RRPDC. Mr. McElfish stated he would cheCk to find out how 79-93 the system worked at the RRPDC re~ardin~ street names. On motion of Mr. Bookman, seconded by Mr. Apperson, it was resolved that $250 be paid from the Clover Hill District 3¢ Road Funds for gravel to improve a road off of Claypoint Road with the understanding the property owners in the area will pay $255 towards the improvements and accomolish the work. Vote: Unanimous Mr. Meiszer stated he had met with the Directors of Parks and Recreation and Community Development and recommended the firm of Wilson and Moreth as architects for the parks projects approve~ in the November, 1978 bond issue'. Mr. O'Neill questioned the need for architects and stated he did not feel their services would be needed for additions and improvements to the school sites ~. Meiszer stated there were too many projects for ~'.he Parks and ~ecreation D~epartment staff to do, that they would need ac staff which were cut out of the budget and that the architects would only be used on projects which needed this kind of professional expertise. He stated the fee for the architects wou] be the normal percent of construction costs. Mrs. Girone stated she did not feel the architects should work on any projects until the projects were approved by the Board. Mr. Meiszer stated they would not. Mr. O'Neill stated he felt the $6,400,000 projec~ could be accemplished cheaper than that figure and hopes the architects fees will not raise the costs of projects. Mr. Meisze~ stated the staff could do some of the work but the architects were needed if the Board wantedaprofessional job. After further discussion of the matter, it was on motion of Mrs. Girone, second~ by Mr. Dodd, resolved that the firm of Wilson and Moreth be retained as architects for the parks and recreation projects approved in the November, 1978 bond issue with the understanding they will be contacted only when necessary and that the staff would do work which did not require the architects involvement such as the school site improvements. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Dodd, the Board authorized the County Administrator to retain the firm of DePasquale and Chenault to design a standard fire station for the November, 197B bond issue projects. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, it was resolved that consideration of the plans and specifications for the administration building be deferred until March 28, 1979. Vote: Unanimous Mr. Meiszer stated the ordinance relating to the possession, tran: porting and discharging of firearms had been deferred to this and meeting. Chief Pittman stated the Board's concern relating to t~he distance from a dwelling or buildin~ referred to that of another and not of the owner or operator os where such shooting would be taking place. Mrs. Girone stated that in her area she would like to look into the drawing of district lines where shooting is permitted and where it is prohibited. Mr. Bookman stated he had some calls on the 1,000 ft. requirement and suggests that the law as written, prior to the recodification of the County Code in 1978 which inadvertantly left the footage restrictions out, be adopted at this time. Mr. Rex Fields, a hunter in the County, stated he felt more input from the 79-94 sportsmen was needed. Mr. O'Neill stated that most sportsmen in the County think the old law which stated 600 ft. from ~a dwelling and 300' from a state road is still enforced and added that perhaps this could be adopted at this time and if changes are needed it could be done at a later date. He stated the Board is trying to help the Police Chief who does not have any law on the books at this time which prevents people from shooting near subdivisions where a lot of the problems are occurring. He added further the sportsmen are not the ones who are causing the problems but the amateur hunters and target ~hooters firing near subdivisions and homes. Mr. Bookman suggested that perhaps this could be deferred 30 days. Mr. Apperson stated he was concerned that a law needed to be adopted at this time especially since it had been deferred from a previous meeting. Mr. Fields inquired how the state law read. Mr, O~Neill stated 300' from the state road. Mr. Bookman inserted the word public before building, gathering ~r meeting place and dwelling of another. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mr. Apperson, resolved that the following ordinance be and it hereby is adopted: An Ordinance to amend the Code of the County of Chesterfield, 1978, as amended, by adding Sections 15.1-22.i, 15.1-22.2 and 15.1-22.3 relating generally to the possession, transporting and discharging of firearms and providing for a penalty. Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Sections 15.1-22.1, 15,1-22.2 and 15.1-22.3 are added as follows: Sec. 15.1-22.1. Firearms - Transporting a loaded rifle or shotgun (a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any primary or secondary highway within the county. (b) The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or bus lnes s. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than one hundred dollars. (For state law as to autho~rity of county to adopt this section, see Code of Va. ~18.1' 2-287.1) Sec. 15.1-22.2. Carrying loaded firearms on public highways. (a) It shall be unlawful for any person Lo carry or have in his possession while on any part of a public highway within the county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than one hundred dollars. (For state law as to authority of county to adopt this section, see Code of Va. ~15.1-518.) 79-95 14. Sec. 15.1~22.3~ Discharging firearms. (a) It shall be unlawful for any person, other than a law enforcement officer in the performance of duty, to discharge any firearm within the 'county within six hundred feet of the dwelling of another, business establishment, public building, public gather ing or public meeting place. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than. one hundred dollars. (For state law as to authority of county to adopt this section, see Code of Va. 815.1-518.) Vote: Unanimous Mr. Bookman excused himself from the meeting. On motion of Mr. Apperson, seconded by Mr. Dodd, the Board author- ized the CountyAdministrator to ~llthe position of Computer Operator, III, Data Processing at Step 5 of Grade 14 because of the inabilit' to recruit qualified applicants. Vote: Unanimous Mr. Bookman returned to the meeting. Mr. James Zook, Administrative Assistant to the County Administrator, stated the Board should authorize the County Administrator to submit DJCP ~and JJDP grants at this time. He indicated the funds had been reduced to $61,000 from $88,000 for the DJCP grants and Parts E and C had been combined which meant they all would be competing ifor the same funds. Mrs. Johnnie Humphr.ey, Ms, Dorothy Esnard, Mrs. Gene Knoop, Capt, Mason Chalkley, Mr. David Reeve, Mr. Robert l~rchorst and Lt~ Pet~ Johnson were present to answer questions regarding their grant applicaticns and each gave a brief presentation of the scope of the grant, the cost and the number of personnel involved. Mrs. Girone stated that grants look like free money but in fact it is the expansion of local government and she stated the Board should consider the additional personnel and costs that the County would have to assume eventually. She added that with the cut in funds it looks as though the federal government is reflecting Propositic 13 and felt the Board .should consider the programs rather than the cost or grant funds available. Mr. Dodd and Mr. Bookman indicated that their constituents do not want additional pers at the local government level and th~se grants would create jobs. Mr. Dodd stated the Youth Services Commission was estab with the understanding no staff personnel would be needed. Afte.~,~ further consideration of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the County Administrator be authorized to submit application and accept funds if approved for the Juvenile Detention Home Gym. Vote: Unanimous On moth,on of Mr. Dodd, seconded by Mr. Apperson, it was resolved that a decision on the remainin~ zrant aoolications be m. ade at 4:30 p.m. Vote: Unanimous Mr. Meiszer stated the School Board has requested that the Board appropriate $815,000 of the unbudgeted State Revenue to the School Board for construction and equipment completion for the 1976 Bond Issue. Mrs. Girone inquired if all the projects would be completed with these funds. Dr. Sullins stated they would. Mrs. Girone inquired if the interest funds were included in this amount. Dr. Sullins stated it was not. ~He added that 79-96 10. 11o this year's budget would be much tighter than last because they were counting on the 100% State Funds and this year they did not which resulted in a larger surplus, After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Dodd, resolved that the Board appropriate $815,000 of the unbudgeted State Revenue to the School Board for completion of the 1976 Bond Is~.ue projects as indicated on the attached resolution from the School Board. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Bookman, the following resolution was adopted: Whereas, it has been reported to this Board by the County Attorn~y that there is recorded in the delinquent real estate land books in the Clerk's Office of the Chesterfield County Circuit Court, delinquent real estate taxes for the 1973 tax year in the amotn~t of $529.66, exclusive of interest, in the names of Denis J. Berry and Mary C. Berry concerning a parcel of land designated on County tax map (16-3) as lot 33, block A, section A of the Windsor Forest Subdivision in the Midlothian Magisterial District; and Whereas, by letter dated February 13, 1979 from the County Assessor to the Clerk of the Circuit Court, it appears that this parcel of land was assessed twice and listed in the land records submitted by the Treasurer to the Clerk under account numbers 5-4944-00 and 5-4942-50; and Whereas, the taxes for 1973 on this parcel of real estate were fully paid by bill number 2309 and such parcel was improperl placed on the delinquent land books. Now, Therefore, Be It Resolved that, based upon the above stated report and underlying facts, the Board of Supervisors of Chesterfield County is satisfied that such report is correct. Accordingly, this Board hereby resolves that the real estate taxes for the 1973 tax year concerning lot 33, block A, sectiOn A of the Windsor Forest Subdivision have been paid in full and the amount of $529.66 has been improperly placed upon the delinquent land book in the names of Denis J. Berry and Mary C. Berry for the 1973 tax year. A certified copy of this resolution shall be sent by the Clerk of this Board to the Clerk of the Circuit Court as required by Section 58-1117.7 of the Code of Virginia, 1950, as amended. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, it is resolved that upon the request of the Treasurer, Mr. George W o Moore, Jr., he is hereby authorized to negotiate a short term loan not to exceed $3,000,000 in accordance with Section 15.1-545 and 15.1-546 of the Code of Virginia, if such funds are deemed to be needed. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the following erroneous tax claims were approved for payment: 79-97 12. 13. 15. 16. 17. C. T. Lewis, c/o M. A, Thompson H & A Construction Co. c/o J. E, Albright Edwin A. Dickerson Bonarco Corporation Bonarco Corporation Bonarco Corporation Bonarco Corporation Bonarco Corporation Bonarco Corporation Vote: Unanimous Erroneous Assessment for 1978 Erroneous Asaessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 Erroneous Assessment for 1978 $ 224. 277.31 724.2( 16.81 275.5~ 128.8{ 128.81 128.81 128.81 On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the request from the Falling Creek Elementary School P.T.A. for a bingo and/or raffle permit for 1979. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board appropriated $3,180 from the contingency to be paid to the Virginia Municipal League/Virginia Association of Counties for the County's share towards the cost of negotiations by the VML/VAC¢ and Vepco for electricity rates for local governments. Vote: Unanimous It was generally agreed to defer consideration of a real estate purchase contract with Old Dominion Truck Leasing at the Airport Industrial Park unti.1 March 5, 1979. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board: Transferred $1,600 from Planned Budget Expense account 111-1-31400-4123 Contingencies to Planned Budget Expense account 111-1-01100-4562 Furniture and Fixtures. Increased Planned Budget Revenue account 111-1-00012-0911 Shared Expense - Treasurer by $17,500 and transferred $17,500 from Planned Budget Expense account 111-1-31400-4123 Contingencies to Planned Budget Expense account 111-1-03130- 1201 Salacies and Wages - Part-time and increased that expense account by $35,000, Vote: Unanimous Mr. Meiszer informed the Board that the Virginia Department of Highways and Transportation had formally notified the County that the roads in the following subdivisions had been accepted into the Secondary System, effective as indicated: Salem Woods, Section A (Effective Feb. 20, 1979) Length Old Warson Drive - Beginning at intersection with Route 642 (Salem Church Road) southerly 0.08 mile to intersection with Saponen Drive, thence southeasterly 0.12 mile to intersection with Majorica Drive, thence easterly 0.05 mile to intersection with Joindre Court, thence easterly 0.06 mile to intersection with Indian Point Road, thence easterly 0.05 mile to intersection with Post Horn Drive. 0.36 mi. Saponen Drive - Beginning at intersection with Old Warson Drive westerly 0.06 mile to a temporary turn- around. 0.06 mi. 79-98 Majorica Drive - Beginning at intersection with Old Warson Drive, southerly 0,12 mile 'to a cul-de-sac. Length 0.12 mi Joindre Court - Beginning at intersection with Old Warson Drive southerly 0.08 mile to a Cul-de-sac. 0.08 mi Indian Point Road - Beginning at intersection with Old Warson Drive southerly 0,08 mile to a dead end. 0.08 mi Post Horn Drive - Beginning at intersection with Old Warson Drive, southerly 0.07 mile to a dead end. 0.07 mi Brighton Green - Section 14 (Effective March 1, 1979) Brucewood Drive - Beginning at State Route 2104, thence easterly 0.03 mile to a temporary turnaround. ;0.03 mi Brighton Green~ Section 15 (Effective March 1, 1979) Brucewood Drive - Beginning 0,03 mile east State Route 2104, thence easterly and northerly 0.11 mile to its intersection with Brucewood Court, thence northerly 0.12 mile to a cul-de-sac. 0.23 mi. Brucewood Court - Beginning at Brucewood Drive, thence westerly 0.03 mile to a cul-de-sac. 0.03 mi~ Mr. Meiszer distributed a copy of the construction schedule for the Point of Rocks Park prepared by the Parks and Recreation Department. On motion of Mr. Bookman, seconded by Mr. Apperson, Mr. Greg Long Clover Hill High School 10th Grader, was appointed to the Youth Services Commission. Vote: Unanimous It was generally agreed that the Board would recess for 5 minutes Reconvening: 18. On motion of Mr.. Bookman, seconded by Mr. Apperson, the Board went into Executive Session to discuss the location of a business in the County who has not previously made public its desire to locate in the County. Vote: Unanimous ~9. & 20 Reconvening: The Board recessed for lunch. Reconvening: 79S007 In Midlothian Magisterial District, Joseph Pacitti requested rezoning from Residential (R-15) to Office Business (O) of an 8.22 acre parcel fronting approximately 510 feet on Buford Road and located approximately 1480 feet north of its intersection with Midlothian Turnpike. Tax Map 18-16 (1) parcel 37 (Sheet 8). Mr. Balderson, Asst, Director of Community Development, stated the applicant had requeSted withdrawal of this application. It was generally agreed by the Board that withdrawal be accepted. 79-99 79S010 In Midlothian Magisterial District, Robert L.~ and Ann E~ Curnow requested a Conditional Use for Planned Development to allow for a reduction to the lot width requirement in a Residential (R-15) District of a 5.0 acre parcel lying at the southern terminus of Winslow Road and Pulliam Street and located approximately 230 feet off the north line of Sunview Lane. Tax Map 18-3 (1) part of Parcel 15 (Sheet 8). Mr. Balderson stated the applicant had requested that this case be deferred until March 28, 1979. It was generally agreed by the Board that this request for a 30 day deferral be approved. 79SR028 In Bermuda Magisterial District, Mr. Wesley G, Gregory, Jr. requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to Walter Osborne, son-in-law of the applicant, and better known as 2402 Willis Road. Tax Map 82-5 (3) Kingsland Heights, Lot 9 (Sheet 23). Mr. Gregory was present. 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 79SRO29 In Bermuda Magisterial District, Mr. Bobby J. Martindale requestec renewal of a Mobile Home Permit to park a mobile home on property which he owns and better known as 4641 Ecoff Avenue. Tax Map 115-6 (1) parcel 7-4 (Sheet 32). Mr. Martindale was present and stated the property owners have signed the forms agreeing to his mobile home. Mr. Dodd stated that this is not a mobile home area, that even though the area residents have signed he has heard complaints and that when this mobile home permit was approved the first time it was known that this was not going to be renewed. Mr. Martindale stated he had planned to have a house by now but his finances did not allow this. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mrs, Girone, resolved that Mr. MartindalE be granted a 6 month extension on this current mobile home permit because of a hardship. Vote: Unanimous 79S030 In Bermuda Magisterial District, Ralph and Reba Joyner requested a Mobile Home Permit to park a mob'ile home on property which they own and better known as 7530 Senate Street. Tax Map 67-10 (3) Bayon Park, Blk. 7, Lot 5-8 (Sheet 23). Mrs. Joyner was present. 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 79S011 In Midlothian Magisterial District, Settler's Landing Recreation Association, Inc. requeSted a Conditional Use for a recreational facility in a Residential (R-7) District on a 9.581 acre parcel 79-100 fronting approximately 20 feet on Looking Glass Road and located approximately 250 feet west of its intersection with Quarter- staff Road. Tax Map 9-15 (1) parcel 3 (Sheet 3), Mr. Jay Laughler, repreSenting the recreation ,.association, stated they wanted to remain competitive With other areas in the County, the land had been set aside for a recreational area and they were trying to improve property values, and have a full family facility which would be ideal Yor the area. Mr. George Williams, member of the association, stated they have agreed to move the parking lot as requested by those in opposi and put the tennis courts to the north of the swimming pool. He stated they were working with a bad piece of land but thought this would be some place for the area residents to have recrea- tional activities. Mr. Tim Carr, resident of Bon Air Terrace Subdivision, stated he was in favor of this recreational facility because both communities would be involved and it would give them some place to relax, play tennis and swim. Mr. Mike Blacker stated his concerns against the approval of this recreational facility because it might have a detrimmntal on adjacent property owners, the small parking area which would have children playing there, that the total costs involved have not been explored and he requests deferral to investigate the request. Mr. Richard Gray stated opposition to the hours of operation at the pool on weekends and questi~oned the use of alcoholic beverages ab. the pool and the need for swim meets. Mr. Williams stated no alcoholic beverages would be sold on the premises or consumed during normal hours--just for special occasions. Mr. Williams stated there should not be any congestion problems because there had been additional parking spaces added. He stated by moving the tennis courts to the north, the entire parcel to be utilized would be larger, that they do not plan to asphalt the parking area until a later time when they can afford it and the lot has settled but they will tar and gravel it at this time. Mr. Bookman stated he felt the traffic would not be a problem because after the newness wears off, less people will be traveling to the area. After further discussion of the matter, it was on motion of Mrs. Girom seconded by Mr. Bookman, resolved that this request for a Conditional Use be approved subject to the following conditions: Ail outdoor lighting shall be no higher than fifteen (15) feet and shall be designed so as not to project light into adjacent properties. All outdoor lighting shall be timed in accordance with the hours of operation. The hours of operation shall be limited to Sunday through Thursday from 8:00 a.m. until 9:00 p.m. and Friday through Saturday 8:00. a.m. until 12:00 p.m. 3. 'One sign to be located at each entrance shall be permitted. These signs shall not exceed three (3) square feet in area and sha] not be luminous nor illuminated. A rendering of these signs shall be sub. mitted to ti~e Division of Development Rmvi~ for approval prior to ere~ 4. All parking and driveways shall be tar amd gravel. 5. There shall be no outside public address system or speakers. 6. Prior to release of a building permit, detailed site plans shall be submitted to the Division of Development Review for approval. The Settler's Landing Recreation Association and/or its assignees or successors shall provide for adequate security of the facility directed at protecting the health, safety, and welfare of residences of the area .relative to this operation. 79-101 o 10. 11. 12. 13. All vehicular parking (on and off~site) associated with this use shall be policed by the Settler's Landing Recreation Association and/or its assignees or successors to the extent that adjacent and area residents are neither disturbed nor inconvenienced by said parking or traffic associated therewith. The total membership of the Settler's Landing Recreation Association and/or any membership associated with the use of this site shall be restricted to no more than 400 families The fence is to be moved not less than five (5) feet inward from the property line. On the outside of the fence (between the fence and abutting landowners). Settler's Landing Recreation Association will plant shrubbery to provide additional visual buffering. The rules and regulations of the Settler's Landing Recreation Association as written by the rules and regulations committee shall conform to the conditions of this zoning (i.e. hours of operation, etc.) The consumption of alcoholic beverages shall conform to A.B.C. regulations. The plans for community center building are eliminated and the tennis courts will be relocated north of the pool as per new site plan. Vote: Unanimous 78S169 In Dale Magisterial District, Barton-Corso and Associates, Lb.d. requested rezoning from Agricultural (A) to Residential (R-7) of 15.9 acres; and to Residential (R-9) of 50.8 acres of 66.7 acre parcel fronting approximately 1290 feet on Beulah Road and located approximately 1800 feet east of its intersection with Kingsland Road. Tax Map 66-13 (1) parcel 11 (Sheet 22). Mr. Kenneth Barton was present and stated he originally asked for Residential (R-7) but he will agree with the combination of Residential (R-7 and R-9). There being no opposition present, it was on motion of Mr. Apperson, seconded by Mrs. Girone, resolved that this rezoning be approved for Residential (R-7) of 15.9 acres and Residential (R-9) of 50.8 acres as recommended by the Planning Commission,which is indicated on the attached subdivision plat. Vote: Unanimous 78S219 In Bermuda Magisterial District, J. S. Irvine and Company, Inc. requested rezoning from Agricultural (A) to General 'Industrial (M-2) of a 2.0 acre parcel fronting approximately 150 feet on Old Bermuda Hundred Road and located approximately 1620 feet east of its intersection with Old Stage Road. Tax Map 133-4 (1) parce 3-3 (Sheet 41). Mr. Irvine was present and stated he had originally requested General Business (B-3) but he had amended his request for General Industrial (M-2). There being no opposition present, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request for General Industrial (M-2) be approved as recommended by the Planning Co~.~lission. Vote: Unanimous 79-102 78S226 In Midlothiaz~z Magisterial District, American Legion, Post 186, requested a Conditional Use to operate a turkeY shoot in an Agricultural (A) District on a 2.8 acre parcel fronting approximately 320 feet on Otterdale Road and located approximatel~ 6400 feet north of its intersection with Old I~undred Road. Tax Map 24 (1)parcel 34-2 (Sheets 5/6). Mr. C, P. Smith, Commander of the Midlothian Post, was present and stated the conditions were agreeable. There being no opposition present, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that this Conditional Use be approved subject to the conditions as recommended by the Planning Commission: This ConditionaI Use shall be granted to and for American Legion Post 186, only, and shall not be transferrable nor run with the land. This Conditional Use shall expire two (2) years from date of approval. Hours of operation shall be restricted to between 9:00 a.m. and 7:00 p.m. Monday through Thursday and between 9:00 a.m. and 12:00 p.m. Friday through Saturday. No Sunday operation shall be permitted. These hours are subject however to no operation being permitted during the time that workers are constructing house to the east. Prior to continuation of this operation, the applicant shall submit the following written proof to the Division of Development Review. a. That a business license has been obtained. bo That clearance from the Chesterfield Police Department has been granted. That the Police Department has certified that the operatio will not violate State and County weapons Discharge Ordinance. That clearance from the County Health Department has been granted for compliance with State Food and Drink Regula- tions and 'that proper facilities for the disposal of human waste have been provided for. 5. The use of firearms shall be limited to shot guns only. 6. Alcoholic beverages shall be prohibited. Ail parking areas and driveways shall be maintained and adequately graded and graveled. Parking spaces shall be provided at a ratio of one for every two participants. o 10. Any further site changes, relative to building construction or parking layout, etc. shall require submission of site plans and approval by the Division of Development Review. Ammunition used shall be restricted to No. 8 bird shot with standard powder load. Vote: Unanimous except for Mr. Bookman who abstained because he is a member of this Legion Post. 79-103 79S002 In Clover Hill Magisterial District, Belmont Land Corporation requested rezoning from Agricultural (A) to Residential (R-7) of a 27.366 acre ~parceI fronting approximately 1280 feet on West Road and located at the southern terminus of Old Creek Road. Tax Map 40-15 (2) Belmont Farms, Lots 19-23 (Sheet 15). Mr. Maynard Elrod was present. Mr. Bookman inquired if the plot plan that he has is the one that will be adhered to. Mr. Elrod stated it was. Mr. Bookman stated this development had applied for a blanket Residential (R-7) for the area but since there is no blanket R-7 anymore but since he has a few R-7 sites but most are R-9, it would need Residential (R-7) zoning. There being no ~further discussion, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that this request for Residential (R-7) be approved subject to the applicant proffering that he will develop the parcel as per the attached tentative plot plan for single family dwellings as filed with the papers of this Board. Vote: Unanimous 79S003 In Clover Hill Magisterial District, Robert and Bobbie Edwards requested rezoning from Agricultural (A) to Residential (R-9) of a 28.0 acre parcel fronting approximately 700 feet on Genito Road and located opposite its intersection with Courthouse Road. Tax Map 63-3 (1) parcel 22 (Sheet 21). Mr. Delmonte Lewis was present representing the applicant. Mr. Bookman stated Mr. Edwards is trying to improve the inter- section of Courthouse Road and Genito and will dedicate the widening needed. A lady was present inquiring where the rQad would go and Mr. Balderson indicated the direction. There being no one present in opposition, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request for Residential (R-9) be approved as recommended by the Planning Commi s s i on. Vote: Unanimous Mr. Bookman asked Mr. Lewis to extend his thanks to Mr. Edwards for his cooperation involving the ~ater line extension. 79S004 In Bermuda Magisterial District, Barbara S. Howard requested rezoning from Agricultural (A) to Residential (R-15) of a .69 acre parcel fronting approximately 100 feet on Happy Hill Road and located approximately 2135 feet east of its intersection with Branders Bridge Road. Tax Map 132-6 (1) parcel 18 (Sheet 41). Ms. Howard was present. There being no opposition, it was on motion of Mr. Dodd, seconded by Mr. Bookman, resolved that this request for Residential (R-15) be and .~t hereby is approved as recommended by the Planning Commission. Vote: Unanimous 79S005 In Matoaca Magisterial District, Michael E. Mariniak and Edith M. Porter requested rezoning from Agricultural (A) to Residential (R-15) of a 4.06 acre parcel fronting approximately 300 feet on Winfree Avenue and located approximately 700 feet north of its intersection with River Road. Tax Map 181-15 (2) William E. Gill Estate, Lots 41, 42 42B (Sheet 53/54). 79-104 Mr. Jeff Collins, representing the applicants, was present. Mr. Apperson questioned the need for rezoninK, Mr, Collins stated them were following procedures which thev were told needed to be adhered to, There ~being no further discussion and no opposition present, it was on motion of Mr. O"Neill, seconded by Mr. Apperson resolved that this request for Residential (R-15) be and it hereby is approved as recommended by the Planning Commission. Vote: Unanimous 79S006 In Dale Magisterial District, Realty Industries, Inc. requested rezoning from Residential (R-7) to Office Business (0) of a .5 acre parcel fronting approximately 100 feet on Meadowdale Boulevard and located approximately 310 feet east of its inter- section with Hopkins Road. Tax Map 52-12 (1) part of parcel 7 (Sheet 15). Mr. Sam Beale, representing the applicant, was present and stated they would ilike relief from the second condition which stated they had to have Colonial Williamsburg design of the building when they would like to. build a contemporary design. He stated the third condition was provided for in general zoning and did not need to be in the conditions. After further consideration of the matter and there being no opposition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, remolved that this request for Office Business (0) be approved subject to the appl'icant proffering the condition that only once access to Meadow- dale Boulevard shall be permitted. This access drive shall be share¢ with the property to the west (McDonalds). %his driveway shall align with the entrance to Mmadc~dale Shopping Center. Vote: Unanimous 79S008 In Matoaca Magisterial District, Olyce E. and Charlotte S. Price requested rezoning from Residential (R-7) to General Business (B-3~, of a 1.30 acre parcel fronting approximately 275 feet on Bremo Avenue and also fronting approximately 195 feet on Randolph Street and being located in the southeast quadrant of the intersection of these roads. Tax Map 182-13 (4) Orange Hill, Block C, Lots 1-6 (Sheet 53/54). Mr. Price was present. There being no opposition present, it was on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that this request for General Business (B-3) is approved. Vote: Unanimous 79S009 In Dale Magisterial Distri~t, William R. Keown requested a Conditional Use for aprofessional (law) office in .an Agricultural (A) District on a 1.0 acre parcel fronting approximately 130 feet on Iron Bridge Road and located approximately 1200 feet south of its intersection with Centrslia Road. Tax Map 96-9 (1) pert of parcel 5 (Sheet 31). Mr. Keown was present and stated he would like the approval to run with the land rather than just with him, he would like the three year limitation to be taken out and he would like a larger sign. There being no one present in opposition, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request for a Conditional Use be approved subject to the following conditions: 79-105 The exterior residential appearance of the existing structure shall be maintained and no change or alteration pertinent to this use 'shall be permitted. Only one sign no larger than 3' x 4" shall be permitted. No plastic or metal shall be utilized in the erection of this sign nor shall the sign be luminous or illuminated. Conditions otherwise noted here in and excepted, the preliminary site plan presented with the application shall be the plan of development for ~this use. 4. Ail parking and driveways shall be either paved or graveled. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board appropriated an amount not to exceed $12,500 to the developer of the Edgewood Subdivision for improvaments for site distance on Hopkins Road which funds are estimated to be half of the cost of the improvements~ and are to come from the Dale District 3¢ Road Funds~ Vote: Unanimous Mr. Meiszer stated the Board deferred consideration of the DJCP and JJDP grants until this time. Mr. Apperson sta~.ed he would like the Board to approve all the grant applications to be submitted at this time and then the Board could choose between the ones approved. It was on his motion resolved that the County Administrator be authorized to submit grant applications to DJCP for the~Olice Juvenile Unit, the Police Training Grant, the Jail Library Program and the Offender Aid and Restoration Program. There being no second to the motion, the vote was as follows: Ayes: Mr. O'Neill.~.and Mr. Apperson. Nays: Mrs. Girone, Mr. Bookman and Mr. Dodd. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board authorize~ the County Administrator to submit the DJCP application for the Police Training Grant in the amount of $13,000. Ayes: Nays: Mr. O'Neill, >iMr. Apperson, Mr. Bookman and Mr. Dodd. Mrs. Girone. Dn motion of Mr. Dodd, seconded by Mr. Apperson, the Board authorized the County Admininistrator to submit the DJCP applica- tions for the Police Juvenile Unit in the ~amoUnt of $73,000 and Offender"Aid and Restoration Program in the amount of $34,953. Ayes.: Nays: Mr. O'Neill, Mr. Apperson and Mr. Dodd. Mrs. Girone and Mr. Bookman. It was generally agreed the order of priorities for the DJCP funds would be as follows: 1. Juvenile Detention Home Gym Addition; 2. Police Juvenile Unit; 3. Police Training Grant and 4. Offender Aid and Restoration Program. ~r. Bookman stated he felt that the Board should look towards offer- lng the Youth Services Commission some assistance or towards the funds. Mrs. Girone Stated she felt that they had not been 9rganized long enough to realize*What agencies were in existence that could aid them and give them da~a which they had collected. ~r. Meiszer stated that people appointed to these types of ~"ommissions or Committees do not want to do the leg work, they have )ther jobs and attend these functions as advisory members delegatinl 79-106 work that needs to be done. Mr. Dodd stated he did not want to fund this position as it was indicated originally that staff people would not be needed~ After further discussion of the matter, it was on motion of Mr; Dodd, seconded by Mrs. Girone, resolved that the County Administrator is directed not to submit J~DP grant applications for the Office on Youth and the Drug Abuse Prevention Program. Vote: Unanimous except for Mr. Apperson who abstained. Mr. Apperson indicated he felt the Board should apply for all the funds and decide after they have been approved as to which they would accept. On motion of Mr. Apperson, seconded by Mr. Dodd, the Board authorized the Chairman and County Administrator to enter into a real estate purchase option agreement with John S. Smart, Esquire, for a parcel of land containing approximately 18.362 acres located immediately to the northwest of the parcel now owned by Goodall Rubber Company. and a road to be constructed perpendicular to Whitepine Road and extending to the southwest of the existing Emergency Road, at a price a $15,000 per acre. Vote: Unanimous On motion of the Board, the following resolution was adopted: Whereas, the State Highway Commission is expected to make a decision at its regularly scheduled meeting in March recommending to the Federal Highway Administration a corridor for the relocation of Interstate Route 95; and Whereas, whichever route is recommended will have a continuin and dramatic effect on the needs of all users of the State Interstate system; and Whereas, Chesterfield County is the single locality that will be most affected by any recommendation of the State Highway Commission; and Whereas, the governing body of Chesterfield County and the County's state elected officials have not had an opportunity to address important concerns of the County that should be considered by the State Department of Highways and Transportation's environmental consultant; Now, Therefore, be it resolved that the Board of Supervisors of Chesterfield County requests that the State Highway Commission defer any decision on a recommended corridor fOr the relocation of 1-95 for at least 60 days and that the Commission schedule a meeting between officials of the County and the Commission (or a committee of the Commission) and its consultants for the purpose of clarifying certain aspects of the consultant's report of particular concern to Chesterfield County. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mrs. Girone, Mr. Ron Davis was appointed tO the Youth Services Commission until October 11, 1981~ representing Matoaca District. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Dodd, the Board went into Executive Session to discuss a personnel matter. Vote: Unanimous 79-107 Reconvening: On motion of Mr, Bookman, seconded by Mr. Apperson, the Board adjourned at 4:55 p,m. until 10:30 a.m. on March 5, 1979 at~ the Airport Restaurant. Vote: Unanimous E. Merlin O'Neill, Sr. Ch airman 79-108