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07-25-1979 MinutesIII. BOARD OF SUPERVISORS MINUTES July 25, 1979 Supervisors in Attendance: Mrs. Joan Gircne, Vice Chairman Mr. J. Ruffin Appersc~ Mr. C. L. Bookman Mr. Nicholas M. Meiszer County Administrator Supervisors Absent: Mr. E. Mmrlin O'Neill, Sr., chairman ~{r. R. Garland Dodd Staff in Attendance: chief ._Robert L. Eanes, Fire Dept. Mr. C. G. Manual, Asst. Co. Admin. Mr. Steve Micas, County Attorney Mr. Jeffrey Muzzy, Director of C~mt~nity Developmmnt Mr, Robert Painter, Utilities Dir. F~. Lane .Ramsey, Budget Director Mrs. Girone called the meeting to order at the C. ourthouse .in the abs~ence of the Chairman at 9:10 a.m. (EDST) Mr. Apperson gave the invocation. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the minutes of July 11, 1979, as amended. Vote: Unanimous Mr. Painter presented the Board with the sewer and water financial reports. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved and authorized the County Administrator to execute necessary docmnents for the following water contract: W79-74CD/6(7)9742 Smoketree, Section "D" Developer: Midlothian Development Corporation Contractor: R.M.C. Contractors, Inc. Estim'a. ted Contract Cost: $57,116.20 Estimated County Cost: $10,109.40 (Refund through Code: 366-1-11684-7221 Connections) Vote: 'Unanimous Mr. Painter stated the Board should award the contract for the installation of the water line along Route 10 from Wilmoth Road to the Airport entrance. He added that Stamie E. Lyttle Co., Inc. was low bid for both asbestos-cement and ductile cast iron water pipe but the County would be going with asbestos-cement pipe. He added further the Fire Department would be billed $10,500 for five fire hydrants. After further discussion of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that contract W79-17B or 6(7)9177 be awarded to Stamie E. Lyttle Company, Inc. in the amount of $199,414.50 for the installation of the water line along Route 10 f. rom Wilmoth Road to the Airport entrance; that ,g219,355.95 be appropriated from 367 surplus (bond fund) to 380-1-g9177-4393 (construction contracts) which includes contractors bid materials furnished by County and contingencies; that the Fire Department be billed $10,500 for five fire hydrants; and further that the County Administrator be authorized to execute any necessary documents for this contract. Vote: Unanimous 79-34~. o o o Mr. Meiszer stated the staff had met with the engineers ~r the installation of water lines for the si:.~ projects the Board approved.--four of which are for construction of lines. He stated that there will still be negotiations regarding the fees. Mrs. Girone inquired if the Board approved the contracts without the fees~ would negotiations be hindered. Mr. Meiszer stated they not. He stated they would submit the contracts for the construction of the pumping station and elevated tanks at the next meeting. Mr. Apperson inquired about the inspections. Mr. Meiszer stated the contractors would inspect the lines every two weeks or as needed and the County will conduct daily inspectic After further discussion of the matter, it was on motion of Mr. Apperson, seconded by ~r. Bookman, resolved that the Board approved the phr~seolo~f of the contract excluding the fees to be paid and further authorized the County Administrator to execute the contracts after negotiations of fees so long as the fees are in an amount not to exceed fees as set out in the filed copy of the contract. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Apperson, the Board approved and authorized the County Administrator to execute any documents for the following sewer contracts: 1. S79-55CD/7(7)9552 Burger Chef - Route 60 Developer: Harold L. Cole, Jr. Contractor: Piedmont Construction Company, Inc. Estimated Contract Cost: $21,623.30 Estimated County Cost: $ 9,338.00 (Refund through Cormecti~m Code: 573-1-11781-7221 S79-73CD/7(7)9732 Salisbury-Marlborough Downes and portions of Mount Hill and Hillcrest Sections Developer: Salisbury Corporation Contractor: Stamie E. Lyttle Company, Inc. Estimated Contract Cost: $210,992.75 Estimated County Cost: $ 3,430.00 (Refund throughConnec' Code: 573-1-11781-7221 Vote: Unanimous Mr. Apperson requested the Board approve an extension to the sew, project which was approved on June 27, 1979 in the Beechwood Subdivision. He stated that he would like to have nine houses added to the contract which would then provide sewer for all home~ in the area except for one section which could later be served by another line; that there are additional lots on .which homes could be built and connect; and that this extension would provide Edgewood with sewer also. Mr. Bookman s:tated he also had problem in his area and that the Board still had not decided on projects and distribution of funds, l~r. Apperson suggested that perhaps the sewer funds could be used like rural addition funds. After further discussion, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that an extension to serve nine houses be included in the project approved on June 27, 1979 for the Beechwood area which cost is estimated to be $20,000. Vote: Unanimous It was generally agreed to defer discussion regarding the request from the developer of the James River West Subdivision until later in the day.when the developer was present. It ~,zas generally agreed by the Board to defer indefinitely discussion regarding voiding and returning contracts for sewer connections at the $300.00 rate in areas that sewer service is 79-342 o not presently provided. Mr. Apperson stated that before any matter of this nature is put on the a~enda, he would like to be informed first. ~ Mr. Painter stated that he had met with Brandermill representatiw and the staff is in agreement with their request to reduce the size of the Bright Hope Pump Station, reduce the width of the sewer construction easement and relocate a aection of the permanent sewer easement, as long as everyone is aware that Brandermill will get the first 301 connections and after that it will be on a first come, first serve basis, for any other land in the area. He stated also that this pump station will not serve the entire drainage area. Mr. Bookman inquired about the 2.17 acres being in the reservoir. Mr. Painter stated that this will allow the County to use the reservoir in the future, if needed, without any problems. After further discussion, it was on motion of Mr. Bookman, seconded by Mr. Apperson~ resolved that the request from Brandermill be approved as follows: 1. For Brandermill's request to reduce the size of the Bright Hope Pump Station site from 5.86 acres to 3.7 acres, the Board approved that a 5.86 acre site be dedicated with 3.7 acres being above the 177 foot contour and the remaining 2.6 acres being in the Reservoir. Building setbac1~.s on the lots adjacent to the pumpin~ facilities must conform to the State Health Department's requirements. For Brandermill's request to reduce the width of the sewer construction easement from 125 feet to 90 feet and 80 feet along portions of the easement, the Board approved the construction easement width be maintained but shifted towards the Reservoir whid~ will accomplish Brandermill's objectives. For Brandermill's request to relocate a section of the permanent trunk sewer easement, the Board approved this request subject to dedication of the revised easement, dedication of the Pump Station Site and dedication of the sewer easement on Brandermill's property for the 48 inch sewer proposed to cross the reservoir to serve the Pigeon Hill area. Vote: Unanimous On motion of Mr Apperson, seconded by Mr. Bookman, the Board approved and authorized the County Administrator to execute a deed of dedication on behalf of the County for an additional 25 foot right of way adjacent to an existing 25 foot right of way south of Point of Rocks Road in Bermuda District from E. L. Chappell et als. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved and authorized the Chairman and County Administrator to execute an Option Agreement with E. I. DuPont de Nemours & Company for a 30 foot wide easement to be deeded to DuPont for pipe line in Bermuda District in the amount of $7,380, a copy of the plat locating the easement is filed with the papers of this Board. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved and authorized the County Administrator to execute a deed of dedication from James E. Cole and Lois A. Cole for a 50 foot right of way off Bailey Bridge Road at Swift Creek in 79-343 Clover Hill District, accepting it on behalf of the County. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled to consider an ordinance vacating a portion of a variable drainage and utility easement in Spring Run, Section A. There was no one present to discuss this matter. On motion of Mr. Apperson, seconded by Mr. Bookman, the following ordinance was adopted: An Ordinance to vacate a portion of a variable width drainage and utilities easement across Lot 41, Block B in Spring Run, Section A, Dale Magisterial District, Chesterfield County, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 30 at page 83. Whereas, J. K. Timmons and Associates has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a variable width drainage and utilities easement across Lot 41, Block B in Spring Run, Section A, Dale 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 30 at page 83, made by J. K. Timmons and Associates, Consulting Engineers, dated March 8, 1978. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a variable width drainage and utilities easement across Lot 41, Block B, of Spring Run, Section A, the location of which is more fully shown outlined on a plat made by Raleigh E. Phelps, Certified Land Surveyor, dated December 7, 1978, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950 as amended by advertising; and ' Whereas, no public necessity exists for the continuance of the portion of 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 portion of easement be and is hereby vacated and 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 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 C~it 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 owners of the lot free and clear of any rights of public use. 79-344 Accordingly, this Ordinance shall be indexed in the names of the County of Chesterfield as grantor and Austin W. West and Susan T. West (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 Chester- wood, Section B. There was no one present regarding this matter. On motion of Mr. Apperson, seconded by Mr. Bookman, the following ordinance was adopted: An Ordinance to vacate Chesterwood, Section B, Dale Magisterial District, Chesterfield County, as shown on plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chester- field County in Plat Book 29 at page 23. Whereas, Meadowdale Square has petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate Chesterwood, Section B, Dale Magisterial District, Chester- field, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 29 at page 23, made by Virginia Surveys, dated June 6, 1977. The subdivision petitioned to be vacated is more fully described as follows: Lots 1, 2, 3, 4, 5, 6, and 7, Block A, Chester- wood, Section B, in their entirety as shown outlined in red on a plat made by Virginia Surveys, dated June 6, 1977, a copy of which is attached hereto and made a part of this ordinance. Whereas, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, by advertising; and Whereas, no public necessity exists for the continuance of the subdivision sought to be vacated and the vacation will not abridge the right of any citizen. Now, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to Section 15ol-482(b) of the Code of Virginia, 1950, as amended, the aforesaid subdivision be and is hereby vacated and 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 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 plat hereby vacated. This Ordinance shall vest fee simple title of the aforementioned lots in the property owners 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 G. E. Miles, C. F. Currin, Jr. and R. Garland Dodd, or their successors in title, as grantees. Vote: Unanimous 79-345 o BoA. 3.B. 3.C, Mr. Painter presented the Board with a list of developer wate~ and sewer contracts approved by the County Admin- istrator. It was generally agreed by the Board to defer consideration of a request from the developers of Dense Wood Hills to aid them in acquiring a road right of way along the existing road known as Womack Road to their property until August 8 1979. It was generally agreed by the Board to defer consideration of a resolution authorizing condemnation of road right of way and a drainage easement across the property of Jimmie A. McAdams and Leonard I. McAdams located at the intersection of Ramblewood Road and Parkers Avenue until August 8, 1979. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board amended the minutes of June 27, 1979, by changing condition #2 for Case #79S089 by eliminating the last sentence which reads "The location of the access shall be determined at the time of final site plan review and shall be so as to afford the best sight distance" to "The access will be at the discretion of the Highway Department." Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board deferred consideration of a street light request at 1600 Edgewood Drive until August 8, 1979. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board appropriated an additional $1,800 for the Yatesdale Road turnaround project so that necessary right of way may be obtained and further approved funds to be expended from the Dale District 3¢ Road Funds. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Post Horn Drive, Hempwood Place and Indian Point in Salem Woods, Section B, Dale District. upOn consideration whereof and on motion of Mr. Apperson, seconded by Mr. Bookman, it is resolved that Post Horn Drive, Hempwood Place and Indian Point Road in Salem Woods, Section B, Dale District, be and they hereby are established as public roads. And be it further resolved that the Virginia Department of Highways and Transportation be and it hereby is requested to take into the Secondary System, Post Horn Drive beginning at Centralia Road (State Route 145) and running in a northerly direction for .19 mile to the intersection of Post Horn Drive and Hempwood Place, then continuing for .04 mile to existing Post Horn Drive in Section A, Salem Woods (State Route 1997); Hempwood Place, beginning at Post Horn Drive and running westerly for .07 mile to the intersection of Indian Point and Hempwood Place; Indian Point Road, be~ ginning at intersection of Indian Point Road and Hempwood Avenue and running northerly for .03 mile to existing Indian Point Road in Section A, Salem Woods (State Route 1996). These roads serve 34 lots. 79-346 B.P. 4.A. 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 Salem Woods is recorded as follows: Section B, Plat Book 29, pages 5 & 6, 6/24/79. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board deferred discussion of Subdivision Bonds until August 8, 1979. Vote: Unanimous Mr. Muzzy stated the Planning Commission would like to meet with the Board of Supervisors to discuss growth impacts on the County. It was generally agreed that the Board would meet with the P~anning Commission on August 29, 1979 at 6:30 p.m. at the Airport for dinner. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance relating to exemptions for certain agricultural activities from the County Erosion and Sediment Control Ordinance. There was no one present to discuss this matter. On motion of Mr. Bookman, seconded by Mr. Apperson, the following ordinance was adopted: An Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Amending and Reenacting Section 7.2-6 Relating Generally to Exemption for Certain Agricultural Activities from the County Erosion and Sediment Control Ordinance Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Section 7.2-6 of the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 7.2-6. Exemption for certain agricultural activities. Any person who owns, occupies, or operates private agricultural, horticultural or forest lands shall not be deemed to be in violation of this chapter for land disturbing activities which result from the tilling, planting or harvesting of agricultural, horticultural Or forest crops or products or engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater retarding structures, channel improvements, flood- ways, dikes, ponds, ditches; the utilization of strip cropping, lister furrowing, contour cultivating and contour furrowing; land drainage, land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees and grasses; forestation and reforestation; rotation of / crops; soil stabilization with trees, grasses, legumes, and other thick growing, soil holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas badly gullied or otherwise eroded. Vote: Unanimous 79 -347 4. B. Mr. Meiszer stated this time and date had been scheduled for a public hearing relating to water cross-connection and backflow prevention. No one was present to discuss this ordinance. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board adopted the following ordinance: An Ordinance to Amend Chapter 6 and 20 of the Code of the County of Chesterfield, 1978, as Amended, by Repealing Article V Containing Sections 6-62 through 6-69 and by Adding Article V to Chapter 20, Containing Sections 20-56 through 20-63 Relating to Water Cross-Connection and Backflow Prevention and Providing for a Penalty Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That sections 6-62, 6-63, 6-64, 6-65 6-66 6-67 6-68 and 6-69 are repealed. ' ' ' (2) That the Code of the County of Chesterfield is amended by adding sections 20-56, 20-57, 20-58, 20-59, 20- 60, 20-61, 20-62 and 20-63 as follows: Article V. Cross-Connection and Backflow Prevention. Sec. 20-56. Definitions. The following terms, whenever used or referred to in this article, shall have the respective meanings set forth below, unless the context clearly requires a contrary meaning or any such term is expressly defined to the contrary elsewhere in this article. Backflow. The flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Cross-connection. Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer drain, or any unapproved source or system. Cross-connection includes any potable water supply outlet which is submerged or can be submerged in waste water and any other source of contamination. Health hazard. Any condition, devices, or practices in the water supply system and its operation which create, or, in the judgment of the director of utilities, may create, a danger to the health and well being of the water consumer. Plumbing fixture. Installed receptacles, devices, or appliances supplied with water or that receive or discharge liquid borne wastes. Plumbing system. The water supply and distribution pipes, plumbing fixtures, and traps; soil, waste, and vent pipes; building drains and building sewers including their respective connections, devices, and appurtenances within the property lines of the premises; and water-treating or water-using equipment. Pollution. The presence of any foreign substance (organic, inorganic, radiological, or biological) in the water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water. 79-348 Water, potable. Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Virginia Waterworks Regulations of the state department of utilities. Water, nonpotable. Water that is not safe for human consumption or that is of questionable potability. Water system. Ail structures, appliances and equipment owned and operated by the county and used to collect, store, transport, purify and treat water for drinking or domestic use and the distribution of water to the public. Sec. 20-57. Required. Every building, premises or structure in the county shall be constructed, equipped and maintained in such a manner as to prevent the possibility of pollution of the county water supply by cross-connection or backflow of liquids. Sec. 20-58. Cross-connections prohibited. (a) The county potable water supply system shall be designed, installed, and maintained in such a manner as to prevent contamination from nonpotable liquids, solids, or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system. (b) Cross-connections between the county potable water system and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited except when and where, as approved by the director of utilities, suitable protective devices such as the reduced pressure zone backflow preventer or equal are installed, tested and maintained to insure proper operation on a continuing basis. Sec. 20-59. Backflow and backsiphonage prohibited. The county potable water system shall be protected against backflow and backsiphonage by installing and maintaining at all fixtures, equipment, and outlets, where backflow or backsiphonage may occur, a suitable backflow preventer as approved by the director of utilities. Sec. 20-60. Responsibility of director of utilities. (a) The director of utilities, or his designated agent, shall inspect the plumbing in every building or premises in the county as frequently as in his judgment may be necessary to ensure that such plumbing has been installed in such a manner as to prevent the possibility of pollution of the water supply of the county through the plumbing. (b) The director of utilities, or his designated agent, shall have the right of entry into any building, during reasonable hours, for the purpose of making inspection of the plumbing systems installed in such building or premises for cross-connection or backflow problems caused by improper installation, repair, or maintenance, faulty equipment or other causes. Upon request, the owner or occupants of property served by the county water system shall furnish to the inspection agency pertinent information regarding the piping system on such property. 79-349 D.A. 5.B. 4.C. Sec. 20-61. Compliance with applicable rules and regulations. Any cross-connection or backflow prevention devise or system shall be designed, installed and maintained in such a manner as to be in compliance with the Cross-Connection Control Manual, U.S. Environmental Protection Agency, Office of Water Programs, Water Supply Division, 1973; the BOCA Basic Plumbing Code, 1975; Section 6.00 of the Virginia Waterworks Regulations entitled "Cross Connection and Backflow Prevention Control in Waterworks;" and the Chesterfield County Cross-Connection and Backflow Prevention Control Program, copies of which are on file in the utilities department. Sec. 20-62. Violations. The director of utilities shall notify the owner, or g~horized agent of the owner, of the building or premises in which there is found a violation of this article, of such violation. The director of utilities shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval the director of utilities may, if in his judgment an imminent health hazard exists, cause the water service to the building or premises to be terminated or deny service to such premises. If it is found that the backflow prevention devise(s) has been removed or by-passed or if a cross-connection exists, or if the pressure in the water works is lowered below 10 psi gauge, the director of utilities shall take positive action to insure that the waterworks is adequately protected at all times. Sec. 20-63. Penalty. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building who knowingly permits a violation to remain uncorrected after the expiration of time set by the director of utilities shall, be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than one thousand dollars for each violation. Each day of failure to comply with the requirements of this article, after the specified time provided in Section 20-62, shall constitute a separate violation. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board set August 22, 1979 at 10:30 a.m. for a public hearing to consider an ordinance amending Sec. 2-6.1 of the County Code Relating to Joint Purchasing Agreements. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board set August 22, 1979, at 10:15 a.m. for a public hearing to consider an ordinance amending and reenacting Section 7.1-2 relating to Precinct Boundaries and Polling Places. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled to consider an ordinance relating to bingo games and raffles. There was no one present to discuss this ordinance. On motion of Mr. Apperson, seconded by Mr. Bookman the following ordinance was adopted: ' 79-350 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY REPEALING SECTION 15.1-6 AND BY ADDING ARTICLE IV TO CHAPTER 4 CONTAINING SECTIONS 4-27 THROUGH 4-36 RELATING TO BINGO GAMES AND RAFFLES BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield: (1) That Section 15.1-6 is repealed. (2) That a new Article IV is added to Chapter 4 containing sections 4-27 through 4-36 as follows: Article IV. Bingo and Raffles. 4-27. 4-28. 4-29. 4-30. 4-31. 4-32. 4-33. 4-34. 4-35. 4-36. Bingo game or raffle, who may conduct. Application for a permit, application fee, and required documents. Issuance of permit. Permit restrictions. Other prohibited practices. Records and reports of gross receipts. Audit fee. Revocation of permit. Penalties. Injunctive relief. Sec. 4-27. Bingo game or raffle, who may conduct. With the exception of the following organizations, it shall be unlawful for any organization or person to conduct, promote, set-up or manage a bingo game, including as a part of such bingo game the playing of "instant bingo" or "bingo in any rotation" or raffle within the county: (a) A voluntary fire department, rescue squad, or auxiliary unit thereof, which is designated in section 16.1 of this Code as an integral part of the official safety program of the county or is designated by resolution of the county as being a part of such safety program. (b) An organization which is either: (1) An organization operated exclusively for religious, charitable, community or educational purposes; or, (2) An association of war veterans or auxiliary units thereof organized in the United States or any of its possessions; or, system; (3) A fraternal association operating under the lodge and which organization (4) Has always been operated in the past as a non- profit organization; and, and, (5) Operates currently as a nonprofit organization; (6) Has been in existence and met on a regular basis within the county continuously for a period of not less than two years immediately prior tc making application for a permit; 79-351 iprovided, however, that any organization whose gross receipts from ~all bingo operations exceeded in any calendar year prior to the calendar year for which application is made, or any organization whose gross receipts from all bingo operations in the calendar year for which application is made can be expected to exceed Fifty Thousand Dollars ($50,000.00) shall have been previously granted itax exempt status pursuant to section 501C of the United States Internal Revenue Code. Sec. 4-28. Application for a permit, application fee, and required documents. (a) No such volunteer fire department, rescue squad or organ- ization shall conduct a bingo game or raffle without first having obtained an annual permit from the county. Application for such permit shall be submitted to the office of the county administrator on a form provided by such office. Each application shall be accompanied by: (1) A check in the amount of Twenty-Five Dollars ($25.00 payable to the treasurer of the county as an application fee. The fee shall not be prorated for any portion of the calendar year; (2) A copy of the organization's current charter, arti- cles of incorporation, bylaws and other legal documents which spe- cifically state the purposes for which the organization is char- tered or organized; (3) A copy of a resolution of the organization's board pf directors authorizing the applicant to apPly on behalf of the organization for a permit; and, (4) A copy of a letter,~ where applicable, evidencing tax exempt status granted to the organization pursuant to section 501C of the United States Internal Revenue Code. (b) Each application and accompanying documents shall be a hatter of public record. (c) Each application shall be acted upon by the board of ~upervisors within sixty (60) days after it is filed with the )ffice of the county administrator. ,;ec. 4-29. Issuance of permit. (a) Each permit shall be issued by the chairman of the board )f supervisors upon prior approval of the board. Each permit shall ~e issued on a calendar year basis and shall be valid from the first day of January until the thirty-first day of December of each fear. Each permit shall be nontransferable. An organization which )btains a Permit to conduct a raffle may sell raffle tickets both ~ithin and without the county. (b) Each permit shall be valid only within the county and )nly at the locations designated in the permit application; pro- tided, however, that a permit may be issued to an organization 7hich relocates its meeting place on a permanent basis from Lnother jurisdiction to a location within the county if: (1) The organization meets the requirements of section ~-27 of this article, excluding subsection 4-27(b) (6); and, (2) The organization was the holder of a valid permit !rom the other jurisdiction at the time of relocation. 79-352 Sec. 4-30. Permit restrictions. The operation and conduct of every bingo game or raffle shall be subject to reasonable regulation by the board of supervisors to ensure the public safety in the operation of the bingo game or raffle and shall be subject to the following additional restric- tions: (a) No organization may hold bingo games more frequently two calendar days in any one calendar week, except that the board of supervisors may grant an organization a special permit which would entitle such organization to conduct more frequent operatic during carnivals, fairs and other similar events held at such organization's principal meeting place or at any other site selec- ted by such organization which meeting place or site is located within ~he county and which organization is not in violation of the county zoning ordinance. (b) Bingo games or raffles shall, during all hours of opera- tion, be open to inspection by appropriate county officials. (c) During all times when the bingo games or raffles are in operation, the bingo or raffle permit shall be displayed or shall be available on the premises for display. (d) Any organization qualified to conduct bingo games is authorized to play instant bingo as a part of such bingo game; provided, however, that: (1) Instant bingo may be conducted only at such times a regular bingo game, as defined in section 18.2-340.1(2) of the Code of Virginia, 1950, as amended, is in progress and only at such locations and at such times as are specified in the bingo application permit; and (2) The gross receipts between October 1 and September 30 of the succeeding year attributable to the playing of instant bingo shall not exceed thirty-three and one-third percentum (33 1/3%) of the gross receipts of the organization's bingo opera- tion during the same time period; and (3) The organization which conducts the playing of instant bingo shall maintain complete and accurate records of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection; and (4) No organization shall sell an instant bingo card to any individual below sixteen years of age. Sec. 4-31. Other prohibited practices. In addition to other practices prohibited by this article and prohibited by law, the following practices are prohibited: (a) Except for reasonable and proper operating costs and prizes, no part of the gross receipts derived by an organization permitted to conduct bingo games or raffles may be used for any purpose other than those lawful religious, charitable, community or educational purposes for which the organization is. specifically chartered or organized; (b) No organization shall enter into a contract with, or otherwise employ for compensation any person, firm, association, organization, partnership, or corporation of any classification whatsoever for the purpose of organizing, managing or conducting bingo games or raffles; 79-353 (c) No person, firm, association, organization, partnership or corporation shall pay or receive for use of any premises devote( in whole or in part, to the conduct of bingo games or raffles any consideration in excess of the current fair market rental value of such property. For the purposes of this article, no fair marke rental value consideration shall be based upon or determined by reference to a percentage of the proceeds derived from the opera- tion of bingo games or raffles nor shall such consideration be based upon or determined by any reference to the number of people in attendance at such bingo games or raffles. Each day in viola- tion of this subsection shall constitute a separate offense and shall be punishable either by a fine of not more than one thousand dollars or by confinement in the county jail for not more than twelve months or both; (d) No building or other premises shall be utilized in whole or in part for the purpose of conducting bingo games more frequent~ than two calendar days in any one calendar week; provided, however that the provisions of this Subsection shall not apply to the play. ing of bingo pursuant to a special permit issued in accordance wit] section 4-30(a). Nor shall the provisions of this subsection appl! to any building or premises owned by an organization which quali- fies as a tax exempt organization pursuant to section 501C of the Internal Revenue Code; (e) No person, except a bona fide member of any such organi- zation who shall have been a member of such organization for at least ninety days prior to such participation, shall participate ii the management, operation or conduct of any bingo game or raffle. No person shall receive any remuneration for participating in the management, operation or conduct of any such game or raffle, pro- vided that the spouse of any sUch bona fide member or a firefightel or rescue squad member employed by a political subdivision with which the volunteer firefighter or rescue squad member is asso- ciated may participate in the operation and conduct of a bingo or raffle if a bona fide member is present; (f) No organization shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo supplies or equipment; (g) No organization shall award any prize money or any mer- chandise valued in excess of the following amounts: (i) no door prize shall exceed twenty-five dollars ($25.00), (ii) no regular bingo or special bingo game shall exceed one hundred dollars ($100.00) and (iii) no jackpot, of any nature whatsoever, shall exceed one thousand dollars ($1,000.00). In no event shall any organization join with any other organization in establishing or contributing to the maintenance of any jackpot. The award of any such prize money shall not be deemed to be part of any gaming con- tract within the purview of section 11-14 of the Code of Virginia, 1950, as amended; and, (h) No organization shall place or cause to be placed any sign or signs advertising any bingo game within one hundred yards of the exterior of the premises where such bingo game is to be played. Sec. 4-32. Records and reports of gross receipts and disburse ments. (a) The organization shall keep complete records of all bingo and raffle receipts and disbursements which records shall be filed annually under oath with the county internal auditor on a form furnished by the auditor. The annual or quarterly financial report and other items required to be filed pursuant to this sec- tion shall be a matter of public record. All such reports shall be submitted to the internal auditor not later than the first day 79-354 of November of each calendar year for which a permit has been issued. Each report shall include a record of the gross receipts and disbursements of an organization for the year period which com. menced on the first day of October of the previous year and ended on September 30 of the current year. However, any organization whose gross receipts exceed Fifty Thousand Dollars ($50,000.00) during any calendar quarter shall file with the internal auditor an additional report of its receipts and disbursements during such quarter not later than sixty days following the last day of such calendar quarter. Gross receipts, as used in this section, shall mean the total amount of money received from bingo and instant bingo operations before the deduction of expenses or prizes. (b) Each financial report shall be accompanied by a certifi- cate, verified under oath, by the board of directors of the organi- zation to which the permit is issued, that the proceeds of all bingo games and raffles have been used by those lawful, religious, charitable, community or educational purposes for which the organl. zation is specifically chartered or organized and that the opera- tion of bingo games or raffles has been in accordance with the pro. visions of Article 1.1 of Chapter 8 of Title 18.2 (18.2-340.1 et seq.) of the Code of Virginia, 1950, as amended. (c) The failure to file such financial reports when due shal~ cause the automatic revocation of the permit and no organization whose permit has been revoked shall conduct any bingo game or raffle thereafter until a report is properly filed and a new permi~ is issued through the application process described in section 4-2 (d) Notwithstanding the provisions of this section requiring an annual audit, the provisions of this section shall not be con- strued so as to prohibit the internal auditor or his designated representative from performing unannounced audits or restrict any right of county official to secure any records required to be main- tained pursuant to the provisions of this article. The internal auditor and his designated representative shall have the authority to go upon the premises on which any organization is conducting a bingo game or on the premises where bingo records are kept for the purpose of carrying out the duties imposed by this article. The application for the bingo permit shall constitute permission from and authority granted by, such organization to any law-enforcement officer, the internal auditor or his designated representative to enter upon such premises. (e) Every organization authorized to conduct bingo games and raffles shall maintain a record in writing of the dates on which bingo is played, the number of people in attendance on each date, and the amount of the receipts and prizes paid on each such day. The organization shall also maintain a record of the name and address of each individual to whom a door prize, regular or spe- cial bingo game prize or jackpot from the playing of bingo is awarded, as well as the amount of such award. The organization playing bingo shall also maintain an itemized record of all recei' and disbursements; including operating costs and use of proceeds incurred in operating bingo games. ' Sec. 4-33. Audit fee. Every organization authorized to conduct bingo games and raf- fles pursuant to this article shall pay an audit fee equal to one percentum per annum of the gross receipts resulting from bingo games and raffles; provided, however, that if the gross receipts of an organization are less than Two Thousand Dollars ($2,000.00) for the designated reporting period such audit fee is waived. Gross receipts, as used in this section, means the total amount of money received from bingo, instant bingo, and raffle operations before the deduction of expenses or prizes. Such audit fee shall be determined by the gross receipts shown on the financial report, subject to correctness by audit, and shall accompany said report required to be filed with the internal auditor on or before Novem- ber 1st of each year, pursuant to section 4-32. 79-355 4.P. (a) The county board of supervisors may deny, suspend or revoke the permit of any volunteer fire department, rescue squad or organization found to be not in strict compliance with the provisions of this article, or found not to be in compliance with any provisions of this Code or the Code of Virginia. (b) Except for permits automatically revoked pursuant to section 4-32(c) for failure of an organization to file financial reports, no permit to conduct bingo games or raffles shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and the time and place for a hearing thereon. After a hearing on the issues, the county board of supervisors may refuse to issue or may suspend or revoke any such permit if they determine that the organization has not complied with the provisions of the Code of Virginia, 1950, as amended. Any organization aggrieved by the decision of the board of supervisors or its authorized representative may appeal such decision to the circuit court. Sec. 4-35. Penalties. It shall be unlawful for any person, shareholder, agent, member or employee of any such volunteer fire department, rescue squad or organization to violate any provision of this article. Each violation of any provision shall be punishable either by a fine oF not more than one thousand dollars or by confinement in the county jail for not more than twelve months or both. A violation of section 4-31(a) by any person, shareholder, agent, member or employee of any such volunteer fire department, rescue squad or organization shall be punishable by imprisonment of not less than one year, nor more than five years or by a fine of not more than one thousand dollars or confinement in the county jail for not more than twelve months or both. Sec. 4-36. Injunctive relief. In the event that an organization violates the provisions of this article, then the county attorney or commOnwealth's attorney, in addition to the foregoing penalties, may apply to the circuit court for an injunction restraining the continued operation of bingo games raffles or any aspect thereof. ' ' Vote: Unanimous Mr. Micas stated that he would like to take this opportunity to thank Mr. Bruce Kimble, Asst. County Attorney, for his diligent work for the past two and one-half years. He added Mr. Kimble had collected over $150,000 in deliquent taxes for the County as well as other duties assigned. On motion of the Board, Mr. Bruce Kimble was thanked for doing an outstanding job while employed with the County Attorney's Office from February, 1977 through August 1, 1979. Vote: Unanimous Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance relating to the duties of the Director of the Central Accounting Department. Mr. Apperson inquired why this was necessary. Mr. Micas stated this was basically a housekeeping action. Mr. Apperson inquired why this could not be eliminated from the County Code and written up in the job description of this position. Mr. Micas stated that he would have to look into this matter , to see if this could be done because state law actually sets the duties of the Director of the Central Accounting Department. 79-356 Mr. Micas added this ordinance could not be eliminated from the Code at this meeting because of the manner in which it had been advertised. No one was present to discuss the proposed ordinance. On motion of Mr. Apperson, seconded by Mr. Bookman, the following ordinance was adopted: An Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Repealing Sections 2-25, 2-27 and 2-28, by Amending and Reenacting Sections 2-19, 2-23 and 2-24 and by Adding a Section Numbered 2-22.1 Relating Generally to the Duties of the Director of the Central Accounting Department. Be It Ordained by the Board of Supervisors of the County of Chesterfield: (1) That Sections 2-25, 2-27 and 2-28 are repealed. (2) That Sections 2-19, 2-23 and 2-24 of the Code of the County of Chesterfield, 1978, as amended, are amended and reenacted as follows: Sec. 2-19. Same--Same--Responsibility for financial data. The director of cental accounting shall be responsible for the data within his control. Sec. 2-23. Same--Same--Maintaining appropriate controls and Records of financial transactions and other similar accounting. The director of central accounting shall have responsibilit' for the control and administration of the county payroll system. Sec. 2-24. Same--Same--Entries into books of account. The director of central accounting shall not make or enter into the books of account any cash or appropriation transfer between departments, bureaus, or agencies except upon resolution of the board of supervisors or pursuant to provisions of the budget ordinance. (3) That Section 2-22.1 is added as follows: Sec. 2-22.1. Submission of invoices and receiving reports to department. (a) Each department head, county official, or other person responsible shall submit, by time and date prescribed by the director of central accounting to the office of central accounting for payment, all invoices or receiving reports, duly certifying that goods, materials, and supplies shown on such invoices or receiving reports have been received or the services have been rendered in order that the director of central accounting may properly verify such invoice. (b) If any invoice or voucher provides for a cash discount or other deduction if paid within a designated time, the department head, county official, or other person to whose department the invoice or voucher is chargeable shall immediately upon receiving the same approve it and present it to the office of central accounting for payment. If, for any reason, any invoice which provides for a cash discount or other deduction paid within the designated time is not properly approved and presented to the department of central accounting for payment within such time, the department head, county official, or other person submitting the same, shall file therewith a written statement of the reason for the delay in presenting such invoice for timely payment. Vote: Unanimous 79-357 It was generally agreed by the Board to recess for 10 minutes. Reconvening: 4.g. Mr. Meiszer stated this time and date were scheduled for a public hearing on the County's Community Development Block Grant first year performance and second year application. Mr. James Zook and Ms. Linda Grasewicz, Community Development staff working with the grant, were present. Ms. Grasewicz reviewed the first year's performance indicating accomplishment for the water and sewer systems, housing rehabilitation, recreation, and administration. She stated the second year application would be $450,000 and would be broken down in the following segments: $408,000 30,000 10,000 2,000 Water and Sewer Housing Rehabilitation Recreation Administration Mrs. Girone asked that staff investigate recreational activitie~ for the elderly as well. Ms. Grasewicz stated they were coordinating their efforts with the Parks and Recreation Department to determine the needs for all citizens. There was no one present to discuss this matter. On motion of Mr. Apperson seconded by Mr. Bookman, the Board authorized the County Administrator to submit the second year Community Development Block Grant application to HUD for Ettrick. Vote: Unanimous 4.F. Mr. Meiszer stated this time and date had been scheduled for a public hearing to consider an ordinance relating to applications for planned use developments. There was no one present to discuss the proposed ordinance. On motion of Mr. Bookman, seconded by Mr. Apperson, the following ordinance was adopted: An Ordinance to Amend and Reenact Section 21-34 of the Code of the County of Chesterfield, Virginia, 1978, as Amended, Relating to Applications for Planned Use Developments Be It Ordained by the Board of Supervisors of Chesterfield County: (1) That Section 21-34 of the Code of the County of Chesterfield is amended and reenacted as follows: Division 2. Conditional Uses Sec. 21-34. Generally. (h) Planned developments. Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the planning commission and the action of the board of supervisors. (1) Use exceptions: In the case of residential, business or industrial planned developments, the planning commission may recommend, and the board of supervisors may authorize, that there be in part of the area of such development and for the duration of such development, specific uses not permitted by the use regulations of the district in which said development is located, provided, that the planning commission shall find: ' 79-358~ a. That the uses permited by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development; and b. That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and c. That the total ground area or gross floor area of such development may be devoted to the uses permitted by said exception so long as the extent of use is reasonably needed to appropriately finish the development. (2) Bulk regulations: In case of any planned development, the planning commission may recommend and the board of supervisors may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development; provided, that the planning commission shall find: a. That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots; b. That the minimum lot requirements of this chapter may be decreased without limitations; provided, that permanent open space or land, in an amount equivalent to that by which each residential lot or building site has been diminished under this provision, shall be provided in common recreation area within the development. (3) The planned development shall conform to the Chesterfield General Plan as determined by the board of supervisors. (4) Procedural requirements: The following procedure shall be adhered to by the applicant for any planned development: a. Application for planned use development. Every applicant shall submit an application to the director of community development indicating his intentions to proceed with a conditional use for a planned development. Such application, in addition to other requirements, shall indicate the location, size and general nature of the proposed planned development. The director of community development may within thirty days of receipt of such application, instruct the applicant to provide additional special information reasonably necessary to review the conditional use application. An applicant whose planned development is intended to be constructed in phases shall indicate such phases including their proposed timing, public improvements, and the impact of each phase upon the county public utility, school, and fiscal plans and programs at the same time he makes application for the conditional use. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the following resolution was adopted: Whereas, by resolution dated October 1, 1977, the Chesterfield County Board of Supervisors adopted a sick leave plan for all full-time permanent County employees; and 79-359 Whereas, the County budgeted in a separate sick leave account for the 1979-80 fiscal year the projected cost to the County of the payment of sick leave wages; and Whereas, the Social Security Administration through the Virginia Supplemental Retirement System requires that the above two actions be taken by local subdivisions in order that the Social Security Administration may determine whether such plan is recognized as a bona fide sick leave plan rather than a wage continuation plan; and Whereas, wages paid pursuant to plans recognized by the Social Security Administration as bona fide sick leave plans are exempt from the application of FICA taxes; Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors hereby requests that the Virginia Supplemental Retirement System recommend to the Social Security Administration that the Social Security Administration tare the following actions: Approve the sick leave plan adopted by the Chesterfield County Board of Supervisors on October 1, 1977; and Approve the creation of a separate sick leave wages account which account was approved by the Chesterfield County Board of Supervisors during the 1979-80 budget approval process; and Declare that, effective September 1, 1979, wages paid by the Chesterfield County Board of Supervisors to its employees under the recognized sick leave plan be excluded from the application of both the employer's and employee's share of FICA taxes. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved and authorized the County Administrator to execute an agreement between the County and Shoosmith Brothers, Inc. for said company to mow grass at the Chesterfield County Airport, a copy of said agreement is filed with the papers of this Board meeting. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved and authorized the County Administrator to enter into a lease agreement with the Airport Technical Associates to lease 800 square feet at the Airport Technical Building for a period of one year at an annual rate of $5,400 which space will be used for the County's Department of Economic Development. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the request from the Chesterfield County Fair Association for a fireworks display on September 15, 1979, at 9:30 p.m., subject to the regulations of the Chesterfield County Fire Department. Vote: Unanimous Mrs. Girone stated Mr. Leonard Oboler, developer of the James River West Subdivision was ~present and the Board could consider his request at this time. Mr. John Henson, engineer, was present representing Mr. Oboler. He presentd the Board with a sample motion which they would like the 79-360 10. Board to approve regarding the concept and use of a sewage system for the James River West Development which utilizes grinder pumps and appropriately sized force mains. Mr. Bookman stated that the proposed resolution referred to $2,000 each for each septic tank for the 40 original homes which he did not feel was adequate. He stated he would prefer that section state "the total cost of installing a septic tank for each home" with no figure designated. He stated perhaps a performance bond could be set up for this alternative. Mr. Bookman suggested another method by which the homes could be served with a sewer system but Mr. Henson stated they had discussed many alternatives and this was the one they preferred to proceed with. He added the pumps will be installed and maintained by the developer until the home owners association is established. Mr. Micas stated that provisions will be incorporated into the deeds and contracts that grinder pumps are installed and state who will be responsible for their maintenance and upkeep. Mrs. Girone discussed the possibility of installing dry sewers as a back-up measure. Mr. Henson stated the septic tank alternative and the developer paying all costs was the back- up system. There was further discussion regarding past experience with grinder pumps, whether or not the City would allow connections and the fact that there would be no rebates on the pump station if approved. Mr. Painter stated staff had worked with the developer and he felt their system would work but he would like a provision included stating the County is held harmless. He added further that he felt this would set a precedent for future developments in the surrounding area and he would prefer dry sewers be installed. Mr. Bookman stated he could approve the concept if the developer would agree to a performance bond for the cost of constructing septic tanks or dry sewers in the development. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that the Board approve this concept of installing grinder pumps and appropriately sized force mains for the provision of sewer service to the James River West Subdivision with the County staff to work out further details with the developer and bring back to the Board for final approval on August 22 1979. ' Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved the following erroneous tax claims for payment: Equitable Leasing Corp. Equitable Leasing Corp. Equitable Leasing Corp. Bruce Ruddin J. D. Denoff Marvin C. Messer Hazel S. Brown Iola Iva Jinkins J. H. Weeks Richard L. Ealey Richard L. Ealey Richard L. Ealey Richard L. Ealey Ruth V. Coon Iola Iva Jinkins William J. M. Gilfoyle Willis H. Thompson Virginia Leasing Corp. Iola Iva Jinkins Robert F. Belcher, Jr. Mathew W. Burton, Jr. Willie Boone c/o Ethel Clarke William F., Jr. and Jean E. Blac~ 1976 Business Personal Property 1977 Business Personal Property 1978 Business Personal Property Traffic Ticket Refund Traffic Ticket Refund 1979 Personal Property 1979 Personal Property 1977 Duplicate Assessment 1979 Reappraisal 1979 Reappraisal 1979 Reappraisal 1979 Reappraisal 1979 Reappraisal 1979 Reappraisal 1976 Duplicate Assessment 1978 Erroneous Assessment 1978 Personal Property County Vehicle License 1978 Duplicate Assessment- 1979 P~appraisal 1979 Reappraisal 1979 Reappraisal 1979 Personal Property $326.16 260.64 195.48 5.00 5.00 131.40 88.20 63.62 7.87 2.73 5.98 13.65 27.82 10.50 63 36 360 42 243 72 11 25 31 81 18.90 92 82 33.50 109.20 79-361 11. 12. Vote: Unanimous Mr. Meiszer informed the Board that the State Highway Department had formally notified the County that the roads in the Lamar Place Subdivision had been accepted into the State Secondary System as of July 16, 1979: Length Stella Road - Beginning at its intersection with Belmont Road (State 651) southeast- erly 0.07 mile to its intersection with Stella Court. 0.07 mi. Stella Court - Beginning at its intersection with Stella Road 0.03 mile southwesterly to a cul-de-sac. 0.03 mi. Stella Court - Beginning at its intersection with Stella Road northeasterly 0.05 mile to a cul-de-sac. 0.05 mi. It was generally agreed by the Board to meet with the Mental Health and Mental Retardation Chapter 10 Board on October 10, 1979 at 5:30 p.m. for dinner and a tour of the new facility. It was generally agreed by the Board that they would meet with the Volunteer District Fire Chiefs for dinner on August 23, 1979 at 6:00 p.m. Mr. Meiszer presented the Board with a report on gas conservatio~ by which the County fleet is operating. Mr. Apperson mentioned that the 45 mph may not be appropriate if the vehicle is blocking traffic and requested that operators of the vehicles use discretion and either increase their speed or pull off the road when driving and traffic is not allowed to flow properly. It was generally agreed that Mrs. Girone and Mr. Apperson would attend the State Compensation Board meeting to appeal the budgets of the Constitutional Officers which meeting will be held on August 1, 1979 at 9:30 a.m. It was generally agreed by the Board to adjourn for lunch. Reconvening: Chief Eanes was present and stated this time on the Board agenda had been scheduled by the Fire Department to recognize citations for outstanding acts of merit and for sustained performance during 1978. Mrs. Girone and Chief Eanes presented the following awards: 1. Citation of Merit to Mr. Howard W. Branch, a Civilian; 2. Unit Citation to Company #1, Chester; 3. Unit Citation to Company #3, Bensley; 4. Unit Citation to the Dive Team; 5. Outstanding Volunteer Firefighter, 1978, to Allen Ritter of Company #5, Midlothian; 6. Outstanding Salaried Firefighter, 1978~ to Sgt. Doug Malaspino, Company #5, Midlothian; and 7. Most Outstanding Fire Company, 1978 to Company #7, Clover Hill. The Board members thanked the firemen on behalf of the citizens of Chesterfield County for their dedication and outstanding efforts during 1978 a~ Mr. Branch for his bravery and concern for his fellowman. 79-362 13. 79Sl15 In Bermuda Magisterial District, Mr. E. Buford Perkins requested a mobile home pe'rm~t to p~'rk ~ mobile home on property which he owns. T.M. 116-5 (2) Dalewood Annex, Lot 52 and better known as 3101 Woodside Drive (Sheet 32). Mrs. Perkins was present. It was generally agreed by the Board that this case be deferred until August 8, 1979, when the Supervisor from the district was present to discuss this matter. 79SR136 In Bermuda Magisterial District, Dalton Ray Garris requested renewal of a mobile home permit to park a mobile home on property which he owns. Tax Map 67-3 (1) parcel 12 and better known as 2679 Drewry's Bluff Road (Sheet 23). Mrs. Garris was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, this request was approved for a five year period. Vote: Unanimous 79SR137 In Bermuda Magisterial District, Sherman Mills requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to his wife. Tax Map 115-10 (5) Marquis Property, Lot 7 and better known as 4816 Shop Street (Sheet 32). Mr. Mills was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved this request for a period of five years. Vote: Unanimous 79SR138 In Bermuda Magisterial District, Russel C. Newell requested a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 826 (1) parcel 3 and better known as 1801 Willis Road (Sheet 23). Mr. Newell was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, this request was approved for a period of five years. Vote: Unanimous 79SR139 In Bermuda Magisterial District, Ms. Betty Lewis requested renewal of a Mobile Home Permit to park a mobile home on property which belongs to J. Dudley, brother of the applicant. Tax Map 115-10 (3) Werths Addition, Lots 69A, part of 70 and 71 and better known as 4841 Shop Street (Sheet 32). Ms. Lewis was present. Mr. Balderson stated that the home did not have any plumbing and Ms. Lewis was using the plumbing facilities of an adjacent home. Mr. Micas stated the Health Department did not give a negative recormnendation and they are the agency responsible. There was no opposition 79-363 14. present. On motion of Mr. Bookman, seconded by Mr. Apperson, this request was approved for a period of five years. Vote: Unanimous 79S140 In Dale Magisterial District, Ms. Amanda O'Brien Pulley requested a Mobile Home Permit to park a mobile home on property which she owns. Tax Map 42-14 (4) Falling Creek and better known as 3000 Falling Creek Avenue (Sheet 16). Ms. Pulley was present and explained her hardship and the need for a mobile home. There was no opposition present. On motion of Mr. Apperson, seconded by Mr. Bookman, this request was approved for a period of five years because of the hardship involved. Vote: Unanimous 79Sl10 In Clover Hill Magisterial District, Douglas E. Markham requested a Conditional Use to permit a day care center in an Agricultural (A) District on a parcel fronting approximately 130 feet on Turner Road and located approximately 1100 feet north of its intersection with Elkhardt Road. Tax Map 29-5 (1) parcel 5 (Sheet 9). Mr. Balderson stated the applicant had requested withdrawal of the application. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board accepted the request for withdrawal of this application. Vote: Unanimous 79S101 In Dale Magisterial District, Richard M. Allen Kequested a Conditional Use to permit offices and a day care center in an Agricultural (A) District on a 5.5 acre parcel fronting approximately 400 feet on Centralia Road and located approximateI 950 feet east of its intersection with Iron Bridge Road. Tax Map 96-9 (1) parcel 2 (Sheet 31). Mr. Balderson stated the applicant had requested a 30 day deferral. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board deferred this case until August 22, 1979 at the request of the applicant. Vote: Unanimous 79S105 In Dale Magisterial District, Richard M. Allen requested rezoning from Agricultural (A) to General Business (B-3) of a 2 acre parcel fronting approximately 400 feet on Iron Bridge Road and located approximately 390 feet north of its intersection with Quaiff Lane. Tax Map 65-16 (1) part of parcel 2 (Sheet 22). Mr. Dick Allen was present. No opposition was present. Mr. Apperson stated he did not see any value in the requirement for undisturbed vegetation and stated he would delete that part of the conditions. After further consideration of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: 79-364 A fifty (50) foot buffer (required building and parking setback) shall be maintained along the east (front) property line. A single access drive shall be permitted through this buffer. This access shall be located to the extreme south of the property. A thirty (30) foot buffer shall be maintained along the northern property line and a fifteen (15) foot buffer along the western (rear) property line. These buffers shall be planted in accordance with the minimum Guidelines for Landscaped buffers. The 30 foot buffer along the northern property line shall be eliminated when the adjacent property to the north is developed commercially. Vote: Unanimous 79S097 In Bermuda Magisterial District, J. Cyrus Kirkpatrick, Jr., Arthur J. and Mable M. Boyd and Burleigh W. Reibsamen requested rezoning from Agricultural (A) and Residential (R-7) to Residential (R-15) of a 22.71 acre parcel which lies approximate 170 feet off the west line of Merry Drive measured from a point approximately 700 feet south of its intersection with Blithe Drive. Tax Map 116-9 (1) parcels 3 and 4 and Tax Map 116-13 (1) parcels 5, 7, and 9 (Sheet 32). Mr. Reibsamen was present. Mr. Apperson inquired about the possibility of another road access since there will be over 50 homes planned for the area after the development is complete development. Mr. Reibsamen stated the residents currently in the area do not want another access. No opposition was present. After further consideration of the request, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this request be approved as recommended by the Planning Commission. Vote: Unanimous 79S098 In Matoaca Magisterial District, Wendall Associates requested rezoning from Agricultural (A) to Residential (R-25) of a 33.85 acre parcel fronting approximately 770 feet on Graves Road and located approximately 2620 feet west of its intersectio~ with Firewood Lane. Tax Map 172-9 (1) parcel 1 (Sheet 48). No opposition was present. On motion of Mr. Apperson, seconded by Mr. Bookman, this request was approved as recommende¢ by the Planning Commission. Vote: Unanimous 79S100 In Midlothian Magisterial District, Johnston-Willis Medical Building Corp. requested rezoning from Agricultural (A) to Office Business (0) of a 4.7 acre parcel which lies approximatel. 350 feet off the north line of Midlothian Turnpike measured from a point approximately 1500 feet east of its intersection with Southlake Boulevard. Tax Map 17-6 (1) parcel 7 (Sheet 8). 79-365 .y A gentleman was present representing the application. Mrs. Girone stated she felt there might be a drainage problem on Lotus Drive and cautioned staff to be aware of it. There was no opposition present. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that this request be and it hereby is approved as recommended by the Planning Commission with the applicant proferring the following: A buffer having a width of not less than 25 feet shall be provided adjacent to the eastern property line and more particularly between the subject p~operty and Lot 34, of Avon Park. This buffer shall consist of existing vegetation which shall neither be cut, removed or disturbed other than by additional landscaping which provides thicker screening and/or is directed at maintaining the existing vegetation. No sidewalks, driveways, buildings or other facilities shall be permitted within this buffer. Vote: Unanimous 79S102 In Midlothian Magisterial District, The Colebrook Company requested rezoning from Residential (R-7) to Convenience Business (B-i) and~a Conditional Use Planned Development on a 6 acre parcel fronting approximately 600 feet on Westfield Road and located approximately 235 feet west of its in- tersection with Crowder Drive. Tax Map 15-12 (2) parcel 2 (Sheet 7). Mr. Doug Woolfolk was present representing the application. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, the request was approved as recommended by the Planning Commission subject to the following conditions: The plan submitted with the application and prepared by Charles Shiftlett, dated June, 1979 shall be considered the Master Plan. The applicant shall be granted the following exceptions to the bulk requirements of the Zoning Ordinance. North of building P4, the driveway shall be allowed to encroach into the fifteen (15) foot setback five (5) feet. m o Building P6 shall be allowed to encroach into the twenty (20) foot side yard setback ten (10) feet. Screening adjacent to the property which is located to the east and zoned Residential (R-7) shall not be required. This Planned Development shall be subject to the following conditions: Proposed Sycamore Drive shall be dedicated as a sixty (60) foot right-of-way for its entire length from Midlothian Turnpike northward to Westfield Drive. This dedication shall be accomplished prior to the release of any building permits. Sycamore Drive shall align with the proposed roadway which is to serve Sycamore Mews, the condominium development to the north. 79-366 Proposed Sycamore Drive shall be constructed to State standards and taken into the State System prior to occupancy of more than seventy-five (75) percent of the gross leaseable area of Phase II. Prior to the release of any building permits on Phase II, road plans for Sycamore Square shall be approved by the Virginia Department of Highways and Transportation and Environmental Engineering. Approval of the Master Plan does not obligate the Virginia Department of Highways and Transportation to approve the alignment of Sycamore Drive, as shown. o At such a time that the Virginia Department of Highways and Transportation determines that signalization is necessary at the intersection of Midlothian Turnpike and Sycamore Drive, the developer shall share in the cost of installation. The cost of which shall be based on a pro-rata share of the amount of traffic generated by this development. Ail structures to be erected on the parcel shall be similar in design to those constructed in Sycamore Square, Phase I. Ail utility lines shall be provided with underground distribution. Pedestrian walkways shall be provided, marked and shown on all schematic plans. These walkways shall be placed at appropriate locations, as deemed so by the staff and the Planning Commission upon schematic approval. 10. An additional fifteen (15) feet of right-of-way measured from the existing right-of-way of Westfield Drive shall be dedicated to and for the County of Chesterfield, free and unrestricted, for the entire length of the property. This dedication shall be accomplished prior to the release of any building permits. 11. The above noted conditions notwithstanding all bulk requirements of the Convenience Business (B-l) District shall be applicable. NOTE: Schematic approval must be obtained in conjunction with final site plan approval for each separate building and prior to the release of any building permits. Vote: Unanimous 79S103 In Midlothian Magisterial District, George W. Gray requested rezoning from Residential (R-15) to Community Business (B-2) of an irregular parcel fronting approximately 25 feet on Buford Road and located approximately 400 feet south of its intersection with Forest Hill Avenue. Tax Map 10-6 (2) Bon Air.Plat, Block 63, part of Lot 29 (Sheet 3). Mr. Gray was present. No opposition was present. Mr. Gray stated he planned to extend the road island fifteen feet. After further consideration of the matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be approved subject to the following conditions: 79-367 A fifteen (15) foot buffer shall be maintained along Buford Road. The curb and gutter along Buford Road shall be extended for a length of twenty-five (25) feet southward from the shopping center. Access through this buffer shall be prohibited. ~ fifteen foot buffer shall also be mm~nta~_ned along McRae Street (the western property line). Within this buffer, there shall be installed a 6 foot high solid board fence that will also ru~ the entire length of the property in order to screen from view the adjacent P~sidential (R-15) property. All parking areas are to be paved. Vehicular access through this buffer shall be prohibited: however, it shall be permissible to have a pedestrian gatev~y allowing pedestrians access through the buffer. Vote: UnanLn~s 79S124 In Clover Hill Magisterial District, Bruce R. Anderson requested rezoning from Agricultural (A) to Light Industrial (M-l) with a Conditional Use Planned Development of a 2.42 acre parcel fronting approximately 180 feet on Ruthers Road and located approximately 450 feet north of its intersection with Provincetown Drive and better known as 214 Ruthers Road. Tax Map 28-4 (1) parcel 29 (Sheet 8). Mr. Anderson was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, this request was approved subject to the following conditions: The site plan submitted with the application and attached hereto shall be considered the Master Plan. Approval of the Master Plan shall also mean approval of reduction of the side yard setback to seven (7) feet. The uses permitted shall be limited to a machine shop. The entire operation shall be confined to the interior of the existing shop and the proposed structure. (Note: The Zoning Ordinance prohibits outside storage of materials, equipment, supplies or parts). The hours of operation shall be limited from 8 a.m. to 9 p.m., Monday through Saturday. No Sunday operations shall be permitted. The exterior facade of the proposed addition shall employ subdued earth tones (gray, greens or browns). The exact color shall be approved by the Division of Development Review in conjunction with final site plan review. o o One parking space for each employee shall be provided. These spaces shall either be paved or graveled. One sign not to exceed four (4) square feet in area shall be permitted. This sign shall not be luminous nor illuminated. Prior to the erection of the sign, a rendering shall be submitted to the Division of Development Review for approval. Prior to the release of a building permit, thirty (30) feet of right-of-way measured from the centerline of Ruthers Road shall be dedicated to and for the County of Chesterfield, free and unrestricted. Upon approval of this request, the Commission shall grant schematic approval of the plan attached hereto. Vote: Unanimous 79-368 79S141 In Matoaca Magisterial District, Herman L. and Fay K. Wells requested an amendment to a previously granted Conditional Use request (77S164) to delete the five (5) year time limitatior for the operation of an automotive and small truck repair and body shop in an Agricultural (A) District on a parcel fronting approximately 400 feet on Graves Road and located approximately 7000 feet east of its intersection with River Road. Tax Map 172-9 (1) parcel 52 (Sheet 48). Mr. Wells was present. There was no opposition present. On motion of Mr. Apperson, seconded by Mr. Bookman, the Board approved the request for an amendment to a previously granted Conditional Use request, Case #77S164, approved February 22, 1978, which eliminates conditions #1 and #3 deleting the five year time period and allowing this special exception to run with the land. Vote: Unanimous 79S106 In Clover Hill Magisterial District, Hechinger Company requested an amendment to a previously granted zoning request (Case #73S129) to permit the elimination of a buffer requiremen on a parcel fronting approximately 710 feet on Midlothian Turnpike and located approximately 180 feet west of its intersection with Paramont Drive. Tax Map 28-3 (1) part of parcel 6-1 (Sheet 8). Mr. Bill Walsh representing the Hechinger Company stated he had agreed to several conditions which Mr. P. F. Couch, an adjacent landowner, had requested. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, this request to delete the twenty~five foot (25') buffer was approved subject to thefollowingconditionsand the above agreemmnt: 1. The applicant shall construct along the subject parcel and parcel 23, T. M. 28-2, an eight foot high chain link fence with wooden slats. That fence will be located inside the Hechinger boundary line, but the distance between such boundary line and the fence shall be determined by the applicant; provided, however, that the grade of the area between the fence and the common boundary line shall not change from the present grade of that property. 2. The fence shall be constructed within thirty days after the hedgerow, located along the common boundary line, is removed. A six (6) foot high chain link fence with wooden slats shall also be installed along the eastern property line. This fence shall be placed five (5) feet off the property line. Between the fence and the property line, there shall be installed evergreens and poplars. The fence location and planting shall be more specifically in accordance with the plan dated 6/7/79, noted as Scheme ~12 and submitted with the application. Vote: Unanimous 79-369 79S107 In Clover Hill Magisterial District, Donald B. Heslep requested a Conditional Use for Planned Development in a Light Industrial (M-l) District on a .3' acre parcel fronting approximately 400 feet on Turner Road and located approximately 400 feet north of its intersection with Walmsley Boulevard. Tax Map 40-2 (1) part of parcel 11 (Sheet 15). Mr. Heslep was present. There was no opposition present. On motion of Mr. Bookman, seconded by Mr. Apperson, the Board approved this request as recommended by the Planning Commission subject to the following conditions: The plan submitted with the application shall be considered the Master Plan. The area shall be secured by a chain link fence which shall be located along the west, north and south property lines. The structure shall be similar in design to the warehouses located on property to the west. 4. Ail driveways and parking areas shall be paved. Drainage shall be provided for each building so footings and foundations can be provided with artificial drainage. Prior to the release of any building permits, all necessary sewer connection fees shall be paid. The Commission shall grant schematic approval of the plan attached hereto. Vote: Unanimous On motion of Mr. Apperson, seconded by Mr. Bookman, the Board requested the Planning Commission to consider the deletion of the vegetative requirements within the 50 foot buffer imposed on property which was rezoned on August 23, 1978, Case #78S109. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board went into Executive Session to discuss legal matters with the County Attorney. Vote: Unanimous Reconvening: On motion of Mr. Apperson, seconded by Mr. Bookman, the Board accepted the offer of Daffron and Company to lease the Airport Restaurant effective upon eviction or voluntary evacuation of the current tenant with lease agreement to be approved at a later date. Vote: Unanimous On motion of the Board, %he Board publiclM expressed their appreciation and gratitude to Colonel Herbert W. Ogelsby for the time and effort he spent as a member of the Airport Advisory Board. Vote: Unanimous 79-370 Mrs. Girone indicated that at the Evergreen study session, the Planning Commission indicated the need for additional information to evaluate and project county needs. The County Administrator indicated that what the Board was describing was a computer model of the County services and needs. He stated this could begin with the utilities department, which would involve water and sewer information. Mrs. Girone indicated the School System would benefit greatly from this information and Mr. Apperson added the Planning Department as well could utilize this information. Mr. Bookman inquired if this information could be gathered in time to be used for planning Evergreen or the Charter Colony. Mr. Meiszer stated that County staff would not have sufficient time to prepare for these two projects. After further discussion of the matter, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the County Administrator and staff be authorized to develop a comuter based information system beginning with the Utilities Department (water and sewer information) to evaluate and project the County needs. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Apperson, the Board adjourned at 4:00 p.m. Vote: Unanimous Nid~olas M. Meisze~ ~? County Adminis trator/~/ E. Merlin O Neill, Sr. ~' ' Chairman 79-371