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
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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.
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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:
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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