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06-25-1980 MinutesBOARD OF SUPERVISORS MINUTES June 25, 1980 Supervisors in Attendance: Mr. R~ Garland Dodd, f~mizman Mr. Harry G~ Daniel, Vice Chairamn Mrs. Joan Girone Mr~ E. ~rlin O'Neill, Sr. Mr. Nicholas M. M~iszer Co%~ty Administrator Staff in Attendance: Mr. Phil H~ster, Director of Parks ~nd Recreation Mr. C. G. }.i~nuel, Asst. Co. Adm~n. Mr. Steve ~Rcas, County Attorney Mr. Jeffrey Muzzy, Director of Com~mity Development Mrs. M~ry Arltne McGuire, Tre~stt~ Mr. Rebez~ Pginter, Utilities Dir. Mr. I~ne P~msey, ~dget Director Mr. Dodd called the meeting to order at the Courthouse at 9:05 a.m. (EDST) Mr. Bookman gave the invocation. On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board approved the minutes of June 11 and 18, 1980 as amended. Vote: Unanimous Mr. Dodd stated the next item was to consider the appointment of the Chesterfield Toll Road Authority. He inquired if anyone were present to discuss this matter. No one in the audience indicated they wished to speak. Mrs. Girone inquired if the Board had to first agree to establish an authority. Mr. Micas stated this had been established by the General Assembly and it was up to the Board to appoint members. Mrs. Girone inquired if a Board of Supervisors member could be appointed. Mr. Micas stated Section 15.1-50 of the Code of Virginia, 1950, as amended, states that Board members cannot bold second offices on such things as toll authorities, etc. Mr. Bookman stated he could not see the need to appoint a toll road authority at this time and added that if it becomes feasible in the future, he could support it. He stated that he wa~ concerned that there were no plans for Powhite past Route 60. He stated the feasibility study should be accomplished first. ~He added he felt there may come a time when some concessions will need to be made by the Highway Department and there are no cost figures available as to what this extension may cost. He stated he did not feel Routm 288 would be built north of Route 60 or 360 in his lifetime and if this is the case, he could support the extension of Powhite to join Route 288 provided it was a feasible project. He stated he thought after the study was received and negotiations with the Highway Department begun, he would be in support at that time. He stated he did not feel anything would be accomplished now. He stated he felt the Board should take time to consider names and act rationally. Mrs. Girone inquired if the Board had defined the scope of the feasibility study as requested by the Highway Department. O~ · Mr. Nezll suggested that the scope include from Route 150 to the proposed Route 288 corridor as shown c~ the map and then southward along the proposed Route 288 to the intersection with Route 360 and possibly any other roads that may be needed in the future. Mrs. Girone inquired if once the toll road authority was appointed, could they decide on the routes to be studied and redefine the project. Mr. Micas stated that the Board would not have any legal authority over the toll authority or what they decided. 80-305 Mrs. Girone inquired what their role would be for the next 12 mont~s, what type of office, personnel, etc. they would need and who would bear the cost. Mr. Meiszer stated that the Board could establish a separate budget account for them because if and when the bonds are issued, these expenses will be reimbursed to the County. Mr. Micas stated that the authority had been set up with payment of $25 per person a day when meeting and expenses. Mrs. Giroue inquired if a director would be hired. Mr. O'Neill stated that the Board would have to loan the authority funds for anything proposed to be done. Mr. Dodd stated this authority could go to a bank and borrow money as the Richmond Petersburg Authority did. He stated that he would never vote to pay for this road out of taxpayers money. Mrs. Girone stated that if a reasonable supplement were needed, she could possibly vote in favor of it. Mr. O'Neill stated he would never subsidize the roadway with taxpayers money. Mrs. Girone stated she did not feel this roadway would be built using this mechamism--that we are giving aw~y our negotiating power with the Virginia Department of Highways and Transportation. She stated she felt the Highway Department would like to see the authority established, then they will check this $100,000,000 project off their list of responsibilities She stated she felt the Board should wait for the study, begin negotiations with the Highway Department for right-of- way acquisition, maintenance, etc. and then appoint the authority when a satisfactory sharing of costs is reached. She stated she felt if this is begun at this time and is not successful, then the project would lose its position in funding and lose two years of appropriations. She stated she felt this was being done at the wrong time~ She stated that funds designated for the right-of-way and the engineering is being transferred tO accomplish this feasibility study. Mr. O'Neill made a motion that the initial study be defined as what is better known as Line E which is from Route 150 to the proposed Route 288 corridor as shown on the map and southward along the proposed Route 288 to its intersection with Route 360. Mr. Bookman made a substitute motion including the areas indicated by Mr. O'Neill and also from Route 360 to 1-95. Mrs. Girone inquired if the authority could change the scope of the project. Mr. O'Neill stated that they could but the Board should have confidence in who is appointed and should feel that they will do what is best for the County. A vote being taken on Mr. Bookman's substitute motion was as follows: Ayes: Mr~ Bookman and Mrs. Girune. Nays: Mr. Dodd, Mr. Daniel and Mr. O'Neill. Mr. Daniel seconded Mr. O'Neill's motion. A vote being taken on this motion was as follows: Vote: Unanimous Mrs. Girone inquired if there is a definite criteria established for the psople to be appointed to the authority. Mr. Bookman stated he felt it was sufficient to define the scope of the project and allow additional time for consideration of the actual appointments. Mr. Dodd stated that he had asked the Board members on several occasions to submit names for consideration. Mrs. Girone stated she would like to submit tbs name of William Bunting who she felt was qualified as he ~rv~s on the Metropolitan Planning Organization representing me county and has seen the problems that exist. Mrs. Oirone stated that he also served on a Planning Com~isson in another area, is a Vice President of the Bank of Virginia and that he is very well versed on the road matters of the County. Mr. Bookman stated he would like to have Mr. L. L. Cashion appointed. He stated Mr. Cashion worked with the Highway Department 25 years and has been in the road building business for 15 years and is very familiar with County road problems. Mr. O'Neill stated he would like to appoint Mr. M. W. Burnett, Mr. N. Leslie Sounders, Jr., Mr. William Mohr, Mr. A. Lee Hanbury, Mr. J. G. Ownes, Mr. Billy Gill and Mr. Frederick T. Gray, 3r. and he gave a brief outline of their qualifications. Mr. Bookman inquired if this had been 80-306 considered at this time. Mr. Daniel stated he had submitted eight to ten names and had reduced his suggestions to three. He stated that no one issue has been discussed more than roads since he came on the Board. He stated that through the efforts of the Highway Department, the State Legislature, the Governor's Office and the Board, the County has not achieved the road system that is needed or desired. He stated that the County has been shortchanged and it is even more critical at this point. He stated that no one wanted a toll road but when it comes to a decision between a toll road or no road, the toll road wins out. He stated the Board may not have a lot of answers at this time but that is part of the job of the toll road authority. He stated he could support a small budget for the authority at this time to get them started. He stated that he felt the Board had to have vision and look towards the future. He stated that he felt the list of people suggested by Mr. O'Neill was a cross section of age, experience and all districts, and that they would all have the best interest of the County at heart. He stated that everyone is aware of the industries which are not locating in Chesterfield and it is mainly because of the lack of the road network in the County and lack of planning for necessary roads. Mr. O'Neill stated that a major industry had been contemplating moving into Chesterfield or Nenrico and had decided on Henrico because of its easy accessibility to necessary points like the Airport, other industries, etc. He stated the County has a near perfect balance between residential and business growth but the residential growth has to be offset by business for tax purposes. He stated there is a trend now where major industries are locating to the north of the James River because of the access to the airport and other locations. He stated the Highway Department has never done the County any favors regarding roads or planning for roads with the growth increasing in the County. He stated he never liked the toll road idea nor the one that exists, but there is nothing else to do. He stated the people would at least have a choice as to whether or not to go through every stop light or pay a toll and ride less congested. He stated that he did not feel the appointment of the toll authority was lessening the responsibility of the Highway Department because if the study says funds are needed to make the toll road work then he will suggest the Virginia Dept. of Highways and Transportation put up the funds, as they will still be receiving a good deal. Mr~ O'Neill inquired how to proceed with appointing members to the authority. Mr. Micas stated he felt each should be voted on individually. Mrs. Girone made a motion, seconded by Mr. Bookman, that pursuant to Chapter 619 of the 1980 Acts of Assembly that >Ir. William Bunting, 17801 W. County Line Road, Midlothiau, Va. 23113~ be appointed as a member of the Board of Directors of the Chesterfield County Toll Road Authority. Ayes: Mr. Bookman and Mrs. Girone. Nays: Mr. Dodd, Mr. Daniel and Mr. O'Neill. Mr. Bookman made a motion, seconded by }~rs. Girone, that pursuant to Chapter 619 of the 1980 Acts of Assembly that Mr. L. L. Cashion Winterpock, Virginia, be appointed as a member of the Board of Directors of the Chesterfield County Toll Road Authority· Ayes: Mr. Bookman and Mrs. Girone. Nays: Mr. Dodd, Mr. Daniel and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Daniel,'pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints Melvin W. Burnett, 3939 Cogbill Road, Richmond, Virginia 23234, as a member of the Board of Directors of the Chesterfield County Toll Road Authority and that he shall serve an initial term of four years. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Daniel, pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints William F. Mohr, President, Cummins Mid-Atlantic, Inc., 3900 Deepwater Terminal Road, Richmond, Va. 23% as a member of the Board of Directors of the Chesterfield County Toll Road Authority and that he shall serve an initial term of four years. Vote: Unanimous 80-307 iOn motion of Mr. Nezll, seconded by Mr. Daniel, pursuant ~to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints Mr. Billy Gill, 21100 Warren Avenue, Matoaca, Virginia 23803, as a member of the Board of Directors of the Chesterfield County Toll Road Authority and he shall serve for an initial term of two years. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. Ne~ll. Nays: Mrs. Girone. On motion of Mr. O'Neill, seconded by Mr. Daniel, pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints Mr. Frederick T. Gray, Jr., 11721 S. Briarpatch Drive, Midlothian, Virginia 23113, as a member of the Board of Directors of the Chesterfield County Toll Road Authority and he shall serve for an initial term of two years. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Daniel~ pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints Mr. N. Leslie Saunders, Jr. 5500 Pocoshock Place, Bon Air, Virginia 23235, as a member of the Beard of Directors of the Chesterfield County Toll Road Authority and he shall serve for an initial term of two years. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Nays: Mrs. Girone. On motion of Mr. O'Neill, seconded by Mr. Daniel, pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of SuPervisors hereby appoints Mr. A. Lee Hanbury, President, Timlaph Corporation of Virginia, P. O. Box 34159, Riehmand, Virginia 23234, as a member of the Board of Directors of the Chesterfield County Toll Road Authority and he shall serve for an initial term of two years Ayes: Mr. Dodd, Mr. Daniel, Mrs. Girone and Mr. O'Neill. Nays: Mr. Bookman. On motion of Mr. O'Neill, seconded by Mr. Daniel, pursuant to Chapter 619 of the 1980 Acts of Assembly, the Board of Supervisors hereby appoints Mr. J. G. Owens, Vice President, Operations, Allied Chemical, P. 0. Box 31, Petersburg, Virginia 23803, as a member of the Board of Directors of the Chesterfield County Toil Road Authority and he shall serve for an initial term of two years. Ayes: Mr. Dodd, Mr. Daniel, Mrs. Girone and Mr. O'Neill. Nays: Mr. Bookman. 0n motion of Mr. O'Neill, seconded by Mr. Daniel, the County Administrator was authorized to direct appropriate mambers of the County Administration to assist the Authority in conducting its business until such time as the Authority is able to hire Independent staff. In addition, the County Administrator is authorized to expend up to $5,000 in County funds paying the iincidental costs of the Authority with such expenditures to be reimbursed to the County from bond proceeds, if possible. It is also the Board of Supervisor's position that the total operating and capital cost of any toll facility constructed by the Authority should be borne by the users of that facility and that any financing should be calculated to eliminate any likelihood of operating deficits. If it is ultimately determined that any of the projects cannot be adequately financed by an equitable schedule of tolls, the State Department of Highways and Transportation, and if necessary, the General Assembly of Virginia shall be responsible for appropriating the necessary funds to make such toll facility feasible. And further the Board appropriated $5,000 from the Contingency account for the incidental costs of the Authority. Vote: Unanimous 80-308 Mrs. Girone stated that she voted against two of the suggested names because she felt the two she and Mr. Bookman had considered for appointment were more qualified and had greater strengths in this regard. She stated that this was not a personal matter and due to lack of criteria for these appointments, felt her suggested appointee was more qualified. Mr. Daniel stated he felt the appointed members were all very well qualified. Mrs. Girone stated everyone has their own preference and reason for their suggested appointments. Mr. Book~ stated he did not support the appointment of the authority at this rims. He stated that he felt three members of the Board were aware of this prior to the meeting and stated that he did not know two of the appointees or their qualifications He stated he was not informed of the names prior to this meeting. Mr. Daniel stated the Cwo names that Mr. Bookman and Mrs. Girone suggested had not been submitted prior to the meeting. Dr. Sullins was present and gave the Board an update on the financial status of the School budget. He stated that the areas hardest hit by inflation were the electricity which increased by 647°, the oil which increased by 64% amd the gasoline which increased by 67% which combined amounted to $1,182,000 over the budget. He stated they have been able to reduce ithis figure to $338,395. He stated the School system would ~eed approximately $858,716 from the Board to employ the 10 additional teachers, pay this amount off and to receive the unappropriated surplus of $345,321. Mr. Daniel inquired how the County surplus would be affected. M~r. Ramsay stated it ~ould be reduced by $175,000 if the Board approved the ~ntire request for $858~716 which would leave $3,325,000 in the 3nappropriated Surplus of the General Fund. On motion of ~r. Bookman, seconded by Mrs. Girone, the Board appropriated ~ 75,000 from the Unappropriated Surplus of the General Fund to the School Board for the additional teachers, transferred the unappropriated surplus in the school fund to the school system in the amount of $345,321 and appropriated $338,395 from the Unappropriated Surplus of the General Fund to the School System as a loan to be paid out of next year's school )udget. ~ote: Unanimous qr. Daniel stated that if the school system experienced any )roblems to bring this matter back to the Board. ~ motion of Mrs. Girone, seconded by Mr. O'Neill, the School Superintendent and the Budget and Management Department were · uthorized to make appropriate transfers between line items in the School Operating Budget to provide for a balanced budget at ~he end of the year after being authorized by the School Board. ~ote: Unanimous Data Processing Purchasing )n motion of Mr. Daniel, seconded by Mr. Bookman, the Board: [. Increased Planned Budget Expenditure: Department Account Code Amount Board of Supervisors 111-01100-2902 $ 2,500 Dues & Subscript. 111-01430-3121 3,000 Office Supplies 111-01900-1201 5j000 Part-time Salaries 80-309 Highway Safety Budget: ~i~'~ a. 1979-80 Budget - Transferred $1,047 from the Highway Safety operating budget to the Skid Pad project in order to complete the project. b. 1980-81 Budget - Transferred $11,000 from Contingency tO the following projects: $7,000 for a roof at Safety Town which Buildings and Grounds could not fit into their schedule; and $4,000 for the operation of the ASAP Van. This amount was not budgeted for FY 1980-81. Vote: Unanimons It was generally agreed that discussion of the Airport deficit be deferred to Executive Session. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board authorized the County Treasurer to advance monies to and from the Grants Fund (220) - $50,000 and the County Capital Projects Fund (330) - $210,000, to allow maximum cash flow efficiency. Vote: Unanimous It was generally agreed to defer consideration of the purchase of an easement across the property of Mrs. Theodore Cogbill until later in the day. Mrs. Girone stated she had received a request from the Forest View Rescue Squad for a used County vehicle. She stated that they performed such a valuable service to the County that,she felt this could be done for all the rescue squads. Mr. O Neitl stated he thought the rescue squads had their own association and that such requests should come through them. He added he did not have any objection to the request, but thought the Board should be requested properly so as to be fair and equal to all concerned. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr Daniel, resolved that the County make available a used County vehicle if requested, one car per rescue squad which are emegency service agencies in the County, with no expenses other than the title given to the rescue squad for the vehicle. Vote: Unanimous On motion of Mr. O'Neill~ seconded by Mr. Daniel, the Board authorized the County Administrator to enter into an option agreement with Engineering Virginia, Joint Ventures, for the purchase of approximately 2 acres of land at the Airport Industrial Park, which parcel is located along the southern line of Virginia Pine Court running approximately 290 feet in a westerly direction from a line extending southWardly from the western boundary line of the parcel owned by the Church of Latter Day Saints, for $15,000 per acre since this negotiation had begun prior to the Board of Supervisors increasing the sale price of the land at the Industrial Park. Vote: Unanimous Mr. Phil Hester stated that he would like the Board to delay consideration of the bids for the Chester Intermediate School for lighting until the July 9, 1980 meeting. It was generally agreed to do so. 80-310 On motion of Fir. Bookman, seconded by Mr. Daniel, the Board awarded the bids for lighting of facilities at Chalkley School to Brook Hill, Inc. who ubm~tted the low bid of $48,562 and further the Board authorized the County Administrator to execute any necessary documents for this contract. Vote: Unanimous Mr. Bookman inquired how the bids were specified regarding the poles and wiring. Mr. Hester stated they specified concrata poles and copper wiring with an alternate for metal poles and aluminum. He stated the bid awarded did have concrete poles amd copper wiring. It was genarally agraed to defar transferring Parks and ReCreation Bond monies until the July 9, 1980 meeting to allow Staff time to prepare a comparison shaet indicating funds to be transferred. On motion of Mr. Dodd, seconded by Mr. Daniel the Board adopted the following resolution: Whereas, Point of Rocks Park is owned and is to be developed by Chesterfield County; and Wheraas, Continental Forest Products, Incorporatad has made the generous donation of 70+ acres adjoining the fresh-water tidal Ashton Creek Marsh; a~d Whereas, this marsh is representative of an economically and ecologically rich and important natural habitat currently rapidly diminishing within Chasterfield County and the Commonwealth of Virginia as a whole; and Whereas, recent archeological investigations have indicated that the park contains sites which can yield valuable information concerning the lives, activities, and cultures of pre-historic, Whereas, continued sciantifio investigation, development and implamentation of public educational opportunities, and preservation of valuable archeological and ecological sites are ~orthwhile functions of a public park; and Whereas, construction and use of the primary racreational sccess road and boat ramp previously plannad for Point of Rocks Park would seriously threaten or prohibit the continued investigation, preservation and public enjoyment of these ~aluable historical and natural resources; and Whereas, the primary amphasis of Point of Rocks Park has :hanged to include the active recreation areas. Now, Therefore, Be It Resolved that it is the sense of the Board of Supervisors of Chestarfield County that this portion of Point of Rocks Park be preserved and that the primary emphasis now be the active recreation areas which will allow the preserva- tion of the park's rich and varied historical and natural resources; and Be It Further Resolved that tha Board of Supervisors of ~hesterfield County hereby requests the Virginia Cormmission of ]utdoor Recreation to recommend to the State Highway Commission that recreation access funds previously allocated to the proposed )rimary access road and boat ramp be redirected to the development ~nd improvement and upgrading of the park's existing access road. 7otc: Unanimous >a motion of Mrs. Girone, seconded by Mr. Bookman, the Board ~pproved a change order in the amount of $3,300 for W. E. D~ke md Sons Construction for the completion of the Midlothian Annex 80-311 10. project which is needed for additional top soil for the athletic facilities and further the Board decreased account 330-1-95446-4696 Midlothian Contingency by $2,000 and increased account 330-1-95411-4393, Midlothian Annex by $2,000 amd further authorized the County Administrator to execute any necessary documents. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Bookman, the Board authorized the County Administrator to execute a contract with K & K International for the shooting of fireworks for the County on July 4, 1980, contingent on K & K International qualifyi~ to operate in Virginia. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the plans as submitted by Mr. E. L. Covington, Jr., Resident'Engineer with the Virginia Department of Highways and Transportation, for the signalization of Beach Road, Lori Road and Route 10. Vote: Unanimous Mr. Bookman presented Mr. Covington with a petition signed by approximately 500 people for a study to be accomplished for Courthouse Road between Route 360 and Route 10. Mr. Bookman inquired about the signalization for Route 360 and Walmsley. Mr. Covington stated it may not take as long as anticipated es equipment for this work is in route. Mr. Bookman inquired about signalization for Route 10 and Jessup Road and Route 10 and Cogbill. Mr. Covington stated both had been approved hut the signalization may take up to a year for the Route 10 and Cogbill intersection because of the location of the fire station in the area. Mr. Bookman asked that Mr. Covington check into improvements for the entrance at Elkhardt and Providence Roads. Mr. Covington stated that the completion of the Route 60 and Providence Road improvements may extend later than November as they are having some problems. Mr. BOokman inquired about the traffic light. Mr. Covington stated that there existed problems as well with overhead utilities. Mrs. Girone inquired about the intersection of Route 60 and Buford and the work being accomplished there. Mr. Covington stated pipes were being installed in the median because of drainage problems. Mrs. Girone stated that the lights at Route 711 and 147 are not working properly. Mr. Covington stated he would check into this matter. Mrs. Girone stated that improvements for Route 147 and 711 are designed but $2,000,000 is needed to do the work. She inquired if the Board had any ideas on how this could be accomplished. Mr. Daniel stated he felt the Board should have the major projects in the County which are pending updated and have a resolution sent to the Highway Department. The Board asked Mr. Dexter Williams, Chief Transportation Planner, to prepare such a resolution. Mrs. Girone asked that Mr. Covington furnish her with a copy of the latest traffic count in the area. Mrs. Girone stated that she had been requested to have the Highway Department investigate the possibility of having Branchway between Courthouse Road and Route 60 made into a one way street and also for the Highway Department to look into the possibility of extending Southlake Boulevard to Courthouse Road. Mr. Covington stated he would look into the possibility of sxtending Southlake Boulevard to Courthouse Road. Mrs. ~irone stated there was a resolution to be considered later on ~he agenda regarding the one way traffic on Branchway. 80-312 11. Mr. O'Neill stated he had received numerous complaints on the lack of highway maintenance in Matoaca District. He stated that citizens felt the Highway Department was destroying the road when cleaning the ditches and breaking up the pavement along thc edge. Mr. O'Neill inquired about the traffic light at Harrowgate Road and Route 1. Mr. Covington stated this project would be readvertised and he would advise Mr. O'Neill on this matter. Mr. Daniel requested that the Highway Department survey the roadway at Hopkins and 01d Lane with the possibility of straightening out this area. Mr. Daniel requested that the Highway Department consider installing a left turn signal on the traffic light at Route 1 and Dundas. Mr. Daniel asked that the Highway Department look into working with the 8ensley Fire Department and possibly providing red blinking lights as they are in the process of shortening thair siren cycle. Mr. Daniel thanked,Mr. Covington for the road improvements along Route 10. the removal of the guard rail and the installation of stop signs on Melody Road. Mr. Dodd presented Mr. Covington with a petition from residents along Central Avenue. Mr. Dodd stated that he was concerned the Highway Dapartment was not trying to eliminate the traffic problem at Pinebark and Old Stage as someone was recently killed at this location. He stated that there had been numerous instances of near- accidents and he has requested on several occasions a reduced speed limit for the area. Mr. Covington stated he did not feel all the problems were because of the road condition and the speed but ha would meet with Mr. Dodd and review the area. Mr. Covington informed the Board that the Highway Department would be holding a public hearing at 2:00 p.m. this date at the Chester Baptist Church to consider the closing of Werth Street to through-truck traffic. Mr. Micas stated that Helen Obenshain, Executrix of the Estate of Richard D. Obenshain, had filed a claim in the amount of $5,000,000 against Chesterfield County for the death of her husband allegedly arising out of the operation of the County Airport. He stated that County staff, insurance adjusters and the National Traffic Safety Board have thoroughly investigated this matter and determined that there existed no negligence on the part of the County and that the accident was solely due to pilot error. He stated in addition thc the County is protected by the doctrine of sovereign ir~nunity from paying any claims for personal injuries or death allegedly arising out of County activities. Mr. Richard Jones, representing Mrs. Helen Obenshain, was present to answer any questions from the Board. On motion of Mr. Daniel, seconded by Mr. O'Neill, it was resolved that the Board of Supervisors deny the claim of Mrs. Helen Obenshain for the death of her husband arising out of the airplane crash in August~ 1978. Vote: Unanimous B0-313 On motion of Mrs. Girone, seconded by Mr. Daniel the Board adopted the following resolution: ~nereas, the Richmond Metropolitan Planning Organization is encouraging an experimental regional ridesharing program focusing upon the region's major employers (a desitination based ridesharing program); and Whereas, the City of Richmond's staff is administering this program for the region; and Whereas, the Richmond Metropolitan Planning Organization endorses a second experimental ridesharing program that is proposed to be financed by the Virginia Department of Highways and Transportation; and Whereas, this program would focus on individuals at the origin of their trips (an origin based ridesharing program). Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors approves of and authorizes its staff to administer the experimental origin based ridesharing program for the Richmond Metropolitan Area, if approved by the Virginia Department of Highways and Transportation. Vote: Unanimous 13 theOn motiOnfollowingOf MrS~resolution:Girone, seconded by Mr. Bookman, the Board adopted Whereas, the Chesterfield County Board of Supervisors has received a request from the residents of Stonehenge Subdivision to eliminate southbound traffic on Branchway Road, Route 645; and Whereas, a study of the aforementioned request is necessary to determine whether it will improve overall traffic movement in the area. Now, Therefore, Be It Resolved that the Chesterfield County Board of Supervisors requests the Virginia Department of Highways and Transportation to evaluate the effect on overall traffic in the area of eliminating southbound traffic on Branchway Road, Route 645. Vote: Unanimous Mr. O'Neill excused himself from the meeting. On motion of Mr. Bookman, seconded by Mr. Dodd, the Board adopted the following resolution: Whereas, Chesterfield County is establishing an Employer/ Cormmunity Bus Services Program on an experimental basis; and Whereas, it is intended that these services be self- sustaining at the end of one year; and Whereas, proposals were received by the County from GRTC, Metropolitan Coach and Virginia Overland Services for services from the Chester area and Brandermill to Richmond and from Rockwood Park to the Koger Executive Center; and Whereas, the Board of Supervisors deems the most' acceptable proposals for services to be from Virginia Overland Charter Services. Now, Therefore, Be It Resolved that the Board of Supervisors: 1. awards the Chester area and Brandermill services to Virginia Overland Charter Services contingent upon their utilization of transit, suburban or coach-type buses, a eon~nitment that must be made to the County no later than July 7, 1980, and 2. defers the disposition of the Rockwood-Koger services. Further, Be It Resolved that the above awarded services begin August 4, 1980. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone. Absent: Mr. O'Neill. ' Mr. O'Neill returned to the meeting. Mr. Daniel explained the history of the Deerfield drainage problem stating that this has existed since the 1960's. He stated that when the developer began in the area, the rules and requirements of the County were different than they are today. He stated that a portion of the subdivision was never recorded because of the drainage situation and that although the Planning Commission and the Board of Zoning Appeals had approved 7 lots as a private road subdivision, the staff would not allow building permits due to the drainage problems. Ne presented a petition from approximately 20 residents of the Swift Creek area opposed to the drainage going onto Mrs. Cogbill's property. Mr. Muzzy stated he and his staff had reviewed this area and they have reviewed 6 alternatives to remedy the area-wide drainage problem. He outlined the alternatives which ranged in cost estimates from $10,000 to $282,180. He stated the $10,000 alternative was only a temporary measure of pumping the water from the site and through the ditches. He stated that there is no retention ordinance in effect at this time and even if this route were taken, after the retention area was filled, run off would continue. He stated he felt the alternative which involved utilizing the pipe already installed and having the water flow onto Mrs. Cogbill's property was the most economically feasible way to proceed. Mr. Oliver Rudy, representing Mrs. Cogbill, stated that he understood the proposal to be that the County would purchase the easement from Mrs. Cogbill for $15,000, with the County paying $10,000 of Chat amount and the developer paying $5,000. He stated he did not feel this was fair since the developer caused the problem. He stated he did not feel the Board should be so involved in this matter, except for the reason of eliminating the water and not the cost involved. He stated the homes in the area have 30 ft. easements which indicate that is the way the drainage was planned to be routed and he felt this was the proper way to proceed no matter the cost to the developer. He stated that Mrs. Cogbill did not create the problem, will not benefit from the water being routed on her property and she does not want it. He stated if the County decided to condemn her property they would be doing so for the benefit of a private property owner which he did not feel was legal. He stated this would open up for development the property which Was not able to be developed previously. He stated the Board became involved in this matter because it was causing a health hazard and now is considering paying twice as much as the developer towarde its solution. He stated if pumping will solve the proble~ that is the course that should be followed. Mrs. Cogbill stated if the alternative is taken as suggested, the 7-11 property will drain onto her property also which she does not want. Mrs. Girone excused herself from the meeting. !Mr. Daniel stated this was not condemnation but an offer to purohase the easement from Mrs. Cogbill. He stated that he felt the County had some responsibility in this matter because it did not have the rules and regulations in years past to provide protection. He stated he was sorry another property owner may have to be the victim to have the problem solved. After further consideration of the matter, it was on motion of Mr. Daniel, seconded by Mr. O'Neill, resolved that the Chairman be authorized to enter into an agreement to purchase a drainage and construction easement in the amount of $15,000 from Mrs. Theodore Cogbill and also with the developers of Deerfield, failure to accept the offer or make a decision within 60 days will be construed as a refusal, and further the Board appropriated $10,000 from the contingency account to the Drainage budget for the County's share of the cost. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Rbsent: Mrs. Girone. 80-315 12~A. 12.C. 12.D. 12.E. 12. B. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board authorized the Utilities Department to write-off the account of G. M. Development Corporation in the amount of $22.86 as an uncollectable account receivable. Ayes:" Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board authorized the County Treasurer to establish a petty cash fund for the Midlothian Branch Library in the amount of $50.00 in the name of Patricia A. Howe. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the request from Southside Speedway for a fireworks display to be held on July 4, 1980 at the speedway subject to the rules and regulations of the Chesterfield Fire Department. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. On motion of Mr. Daniel, seconded by Mr. Bookman, be it resolved that pursuant to Section 28-1016 of the Code of Virginia, 1950, as amended, the County Attorney is directed to enforce the County's lien for delinquent real estate taxes on a parcel of land located in the Clover Hill Magisterial District of Chesterfield County, designated on Tax Map 37-4 as Parcels A, B, C, D and E of Tract II, of the ~atyiko Tract II South containin 51.6 acres. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Bollinger Drive, Bollinger Court and $tarr Court in Bollinger Estates, Matoaca District. Upon consideration whereof, and on motion of }{r. Daniel, seconded by Mr. Bookman, it is resolved that Bollinger Drive~ Bollinger Court and Start Court in Bollinger Estates, Matoaca District, be and they hereby are established as public roads. And he it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Bollinger Drive, beginning at the intersection with Woodpecker Road, State Route 627, and running westerly .05 mile to the intersection with Bollinger Court~ then continuing westerly .08 mile to the intersection with Start Court, again continuing westerly .06 mile to end in a cul-de-sac; Start Court, beginning at the intersection with Bollinger Drive and running southerly °04 mile to end in a cul-de-sac; Bollinger Court, beginning at the intersection with Bollinger Drive and running southerly .07 mile to end in a cul-de-sac. These roads serve 41 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right- of-way for all of these roads. This section of Bollinger Estates is recorded as follows: Plat Book 32, Page 94, January 2, 1979. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his 80-316 13.B. examination of Holridge Street, Able Road, Able Terrace and Able Court in Holly Ridge, Sections 1~ 2 and 3, Clover Hill District. Upon consideration whereof and on motion of Mr. Daniel, seconded by Mr. Bookman, it is resolved that Holridge Street, Able Road, Able Terrace and Able Court in Holly Ridge, Sections 1, 2 and 3, Clover Hill District, be and they hereby are establishe 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, Holridge Street, beginning at its intersection with the southern right-of-way line of Walmsley. Boulevard, State Route 647, extending south .10 mile to the intersection of Able Road, then south .07 mile to a cul-de-sac; Able Road, beginning at its intersection with Holridge Street, extending west .07 mile to the intersection Able Terrace and extending east from Holridge Street, .05 mile to the intersection of Able Court then .07 mile to a temporary turnaround; ~ble Terrace, beginning at its intersection with Able Road, ~xtending north .05 mile to a cul-de-sac and extending south .05 mile to a cul-de-sac; Able Court, beginning at its intersection ~ith Able Road, extending north .06 mile to a cul-de-sac and ~xtending south .07 mile to a cul-de-sac. These roads serve 80 Lots. And be it further resolved, that the Board of Supervisors ~uarantees to the Virginia Department of Highways a 50 ft. :ight-of-way for all of these roads except Able Terrace, Able :ourt, Holridge Street, south of Able Road and Able Road, west if Holridge Street which have a 40 ft. right-of-way. These sections if Holly Ridge are recorded as follows: ;ection 1, Plat Book 29, Pages 89 and 90, October 28, 1977. :ection 1, Rerecorded, Plat Book 30, Pages 3 & 4, November 9, 1977. :ection 2, Plat Book 31, Pages 6 & 7, April 19, 1978. ection 3, Plat Book 31, Pages 8 & 9, April 19, 1978. yes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. bsent: Mrs. Girone. n motion of Mr. Dodd, seconded by Mr. O'Neill, the Board denied :he requests for street lights at the intersection of Rushton Load and Ashwood Road and on Harvette Drive because it did not neet the established criteria and further the Board approved :he installation of a street light on Percival Street with ~y necessary funds to be expended from the Bermuda District ~treet Light Funds. ,yes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. ,bsent: Mrs. Girone. ~ motion of Mr. O'Neill, seconded by Mr. Daniel, the Board pproved the installation of street lights at the junction ,f Beverly Street and Roane Street and on Loyal Avenue with ny associated costs to be expended from the Matoaca District treet Light Funds. yes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. bsent: Mrs. Girone. n motion of Mr. Daniel, seconded by Mr. Bookman, the Board eferred consideration of a request from the Civic Association f Meadowdale Townhouses to increase the 3300 lumen to 8000 high ressure sodium lights until July 9, 1980. yes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. Nezll. bsent: Mrs. Oirone. ~s. Girone returned to the meeting. 80-317 14. IX. 14. VII. 16. On motzon o{ Mr. ~~~.~='EB~ authorized the installation of watohlights at the following three intersections with Seaboard Coast Line Railroad , that of State Street, North Enon Church Road and Allied Chemical Road, with the understanding that staff attempt to have the Railroad Company contribute to the cost of said installations and any other funds necessary to be expended from the Bermuda District Street Light Funds. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board denied the request for a street ligh~ at the intersection of Shasta Road and Bayfield Drive because it did not meet the criteria established and further the Board approved the installation of a street light at the intersection of Old Coach Drive and Huguenot Road with any necessary funds to be expended from the Midlothian District Street Light Funds. Vote: Unanimous Mr. Painter stated the County had received a request from Mr. Allen G. Mason for a sewer extension to serve his property at 5324 Beulah Road. Mr. Mason stated that for years he has been allowed to drain his washing machine out into an area in the rear of his lot but homes had now been built there and he had been advised he could no longer do this. He stated that when he built his home, the inspectors knew he was doing this and did not advise against it. He stated that now, through no fault of his, he has been told this is a health hazard. Mr. Painter stated the estimated cost for this extension was $4,900. Mr. Mason stated he would grant an easement and be willing to pay $750. Mrs. Girone inquired if this was in the same area as a similar request had been approved. Mr. Daniel stated it was. Mrs. Girone inquired if the Board planned to make extensions of this type all through the County as she had told residents the County did not make these types of extensions. Mr. Daniel stated this is the last house in the area without sewer this restriction to stop a practice which Mr. Mason has been allowed for the past 20 years was not through any fault of his and he felt the County had some responsibility in the matter. Mr. Dodd inquired if Mr. Mason would be willing to pay $1,200 towards this cost. Mr. Mason stated he would. After further discussion of the matter, it was on motion of Mr. Daniel, seconded by Mr. O'Neill, resolved that the County extend sewer to serve Mr. Allen G. Mason of 5324 Beulah Road with the understanding that Mr. Mason grant any necessary easements and pay a $1,200 connection fee. Vote: Unanimous Mr. Painter stated that the County had received a request from Mr. Wayne L. McNeese, 4720 Daniel Street, for a refund of $450 of his sewer connection fee. Mr. McNeese stated that he was in need of sewer and, had agreed to pay a $1,200 connection fee if the Board approved an extension to his property which the Board did approve. He stated that the County contacted his neighbors and if they connect they will pay only $750. He stated he did not feel it fair, that he should pay $1,200 and his neighbors $750. The Board stated that this was an agreement made at the time in order to help him with his failing system and to change this agreement at this time would not be proper, that other agreements could also be requested for renegotiation if this precedent were set. (kl motion of Mr. Daniel, seconded by Mr. Bookman, this request was denied. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr, Bookman, the Board went into Executive Session to discuss personnel matters as ~ermitted by Section 2,1-344 (1) of the Code of Virginia, 1950, as amended. Vote: Unanimous 80-318 17. 18. Reconvening: 80SR087 In Bermuda Magisterial District, Mr. Bobby J. Martindale requested renewal of a mobile home permit to park a mobile home on property which he owns. Tax Map 115-6 (1) Parcel 7-4 and better known as 4641 Ecoff Avenue (Sheet 32). Mr. Martindale stated he planned to build a home at this location but has not been able to do so yet. Mr. Alvin Goyne and Mr. Bob Cross stated their objection to this request being approved as this area is a growing neighborhood with both new and old homes and they did not want anymore trailers in the area. Mr. Dodd stated he would like to work out a compromise so that Mr. Martindale could begin construction of his home and still not have the trailer in the area for a period of time longer than March 1, 1981. Mr. Dodd inquired if there would be any objections to having this extended to March 1, 1981. Mr. Goyne mud Mr. Cross stated they were in opposition to any extension. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mrs, Girone, resolved that this request be deferred until August 27, 1980 to determine the progress being mad~ by Mr. Martindale regarding his home construction plans. Vote: Unanimous 80S088 In Bermuda Magisterial District, Reverend J. Paul Dennis requested a mobile home permit to park a mobile home on property which belongs to tke Church of God. Tax Map 115-6 (6) Nunnally's Addition, Lot G1 (Sheet 46). Rev. Dennis, pas~tor of the Church of God, was present. He stated his ministry would be hindered if he could not be located close to the Church and asked that this permit be approved until the multi-facility was constructed. Mr. Alvin Goyne and Mr. Bob Cross voiced their opposition to this request. They stated that the church that existed was ~ basically a modular trailer unit, that the church is not financially surviving enough to afford to build a facility, and thc the building of brick facilities was planned previously and ~ow the church is a modular unit. Rev. Dennis stated that property owners adjacent do not object to this request, that Mr. Goyne and Mr. Cross live farther down the road and that this request is for only five years. After further consideration of the matter, it was on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that this request be denied. Vote: Unanimous 79S066 In Midlothian Magisterial District, E. M. Ciejek requested ~ezoning from Agricultural (A) to Light Industrial (M-l) and ~ Conditional Use Planned Development of a 176 acre parcel frontingl ~pproximately 2100 feet on Route 60 and located approximately 500 feet west of its intersection with Huguenot Spring Road. Fax Map 14 (1) Parcels 5 and 6 (Sheet 5/6). qr. Start Balderson, Asst. Director of Cor~aunity Development, ~tated the applicant had requested a 12 month defmrral. On notion of Mrs. Girone, seconded by Mr. Daniel, the Board ~ppzoved the request for a 12 month deferral and directed staff ~o refer this request to the Planning Commission for reconsideratio~ ~t that time. )otc: Unanimous 80-319 In Bermuda Magisterial District, Dr. James W. Mayfield, Sr requested a Conditional Use to permit a private recreational facility in a Community Business (B-2) District and an Agricultural (A) District on a 20 acre parcel fronting approximately 975 feet on Jefferson Davis Highway also fronting approximately 310 feet on Mid-City Road and located in the southwest quadrant of the intersection of these roads. Tax Map 133-7 (2) Mid-City Farms, Lots IA and 2A and Tax Map 133-11 (2) Lots 3, 4 & 5 (Sheet 41). Mr. Morris Mason was present representing the applicant and requested a 30 day deferral. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board approved the applicant's request and deferred this case until July 23, 1980. Vote: Unanimous 80S058 In Clover Hill Magisterial District, Fairplnes Devalopment Company requested rezoning from Agricultural (A) to Residential (R-7) of a 27.05 acre parcel fronting approximately 800 feet on the north line of Fairpines Road and located approximately 1300 feet east of its intersection with Belmont Road. Tax Map 51-11 (1) part of parcel 2 (Sheet 15). Mr. Fred Gray was present representing the applicant. He stated that the property across the street is Residential (R-9) but their lot sizes are approximately 8,400 square feet and have 70 ft. frontage which is about the same size. He added that the area will be curbed and gutte=ed as well. Mr. Jeff Collins, also representing the applicant, stated the area will be sewered from the Lake Farms area and the average lot is actually closer to 8,600 square feet. Mrs. Joan Banks, an adjacent property owner, stated she was concerned about the type of housing to be constructed, the decrease in her property value and the class of people who will buy these homes. Mr. Bookman inquired what price range the homes would be. Mr. Collins stated he thought they would range between $40- 45,000. After further consideration of this matter, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved !that this request for Residential (R-7) be approved and the Boa=d accepted the following proffered conditions as recommended by the Planning Commission: 1. Curb and gutter shall be installed. 2. Ail lots shall have a minimum front width of 70 feet. Vote: Unanimous Mr. O'Neill excused himself from the meeting. 80S059 In Midlothian Magisterial District, George B. Sowers, Jr. requested rezoning from Residential (R-9) to Residential rownhouse-For-Sale (R-TH) plus a Conditional Use Planned ]evelopment on a 23.48 acre parcel fronting approximately 300 feet on the southwest line of Robious Road and located ~irectly across from its intersection with Early Settlers Road. Fax Map 17-2 (1) parcel 10 (Sheet 8). ~r. Sowers was present and stated the impact of this development would be the same as the Residential (R-9). Mr. George Williams presented a letter from Pat Peltier, President of the Settlers Landing Community Association, in favor of the request but 80-320 ~g thezr concerns that Greenfield Drive be e~a~e~ ~ to meet the proposed extension of Early Settlers Road and also that future development of the "Girl Scout" property never require any extension of Early Settlers Road to the north connecting it with Groundhog Drive or Old Bon Air Road. Mrs. Girone stated that the residents of Settlers Landing are concerned about possible additional through traffic and the safet) of the children, especially on Early Settlers Road. They wish, the record of this zoning case to show that it is their desire the Early Settlers Road never become a through road connecting Robious Road and Route 60 with Bon Air village via Groundhog or Old Bon Air Road or any other direct route. She stated the future use of the old Girl Scout camp is a concern as a possible future thoroughfare even though the railroad and the flood plain are considered obstacles. She cited this is another example of a situation where a pre-established grid pattern of suggested collector road~, designed by the Planning staff, would give the community some sense of future planning. She stated that Mr. Bernard Huff of 1211 Lotus Drive and Mr. C. H. Rosenbaum of 1244 Lotus Drive were in accord with the proposed zoning change and the existing drainage plans and if any change in drainage plan were considered that they be notified beforehand. She stated that the Greenfield Drive connection could be considered when the subdivision of that land comes before the Planning Conm~ssion as it is not part of this development. Ms. Linde Burkett, a resident of Heritage Commons, stated that they understood the roads would not be connected and they were not opposed. She stated she was distressed at this latest development that they might be connected. After further consideration of this matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request for Residential Townhouse-For-Sale (R-TH) be approved subject to the following conditions as recon~ended by the Planning Commission: 1. The below stated conditions notwithstanding, the application, textual statement and Master Plan shall be considered the plan of development. It shall be the policy of the Planning Commission to interpret the .1 Master Plan as a general statement of intent and purpose I and not a blueprint for future action by either the applicant or the County. The Master Plan shall be modified by the conditions as imposed and approved herein and to conditions imposed by schematic plan approval. Except where expressly referred to herein, approval of this application does not guarantee that the developer can.build or construct facilities in the future in accordance with present regulations. If future County standards are less restrictive than those established herein, the County may require construction to adhere to the more restrictive standards as stated herein. A copy of any covenants, deed restrictions and amendments thereto related to homeowner assooiations, shall be approved by the Division of Development Review and the County Attorney's Office for adherence to County Ordinances prior to the recordation of such documents. No uses shall be permitted which would use any water or sewer system other than the Chesterfield County public utility system. Notwithstanding, the exception to use and bulk regulations granted herein, approval of the application by the Board of Supervisors does not obligata the Planning Commission to approve a particular schematic plan which is not in conformance with the spirit, intent, and purpose of this ~request. The dedication of common open space to any community associations and the improvements therein shall be continually reviewed by the Planning Commission throughout the life of the development in order that the areas do not become a burden at any one time on the lot owners in Heritage Village. 80-321 7. Early Settlers Road Extended shall be constructed as a public road from its intersection with Robi0us Road to its intersection with the public road which transverses the Johnston-Willis Hospital. Early Settlers Road Extended shall be taken into the State system prior to occupancy of the fiftieth unit. 8. Red Lion Place shall be extended through this property to intersect with Early Settlers Road. Red Lion Place Extended shall be constructed to State standards and taken into the State system prior to occupancy of the fiftieth. 9. A fifty (50) foot buffer shall be maintained along the northern property line. No buildings, parking or other facilities shall be permitted within this buffer. Within this buffer, there shall be constructed a landscaped earth berm having a height of not less than three (3) feet. This buffer shall be landscaped with appropriate ground cover, evergreens and ornamental trees. In conjunction with final site plan review, a landscaping plan shall be submitted to the Division of Development Review for approval. 10. The northern portion of the project lying between Robious Road and Red Lion Place shall be redesigned in a manner similar to Staff's plan dated May 7, 1980. ll. A twenty-five (25) foot buffer shall be maintained along Early Settlers Road Extended. No buildings, parking or other facilities, with the exception of entrances/exits into parking areas, shall be permitted within this buffer. 12. Forty-five (45) feet of right-of-way measured from the centerline of Robious Road for the entire length of the property shall be dedicated to and for the County of Chesterfield, free and unrestricted. This right-of-way shall be dedicated prior to the issuance of any building permit. 13. The proposed day care center shall be subject to all bulk requirements of the Convenience Business (B-I) District applicable to the use. Prior to construction of the day care center, schematic plans shall be submitted to and approved by the Planning Con~nission. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S061 In Clover Hill Magisterial District, Brandermill requested an amendment to a previously granted Conditional Use Planned Development (Case #74S021) to permit a 4.38 foot exception to the 30 foot front yard setback for patio homes on a .2 acre parcel fronting approximately 25 feet on Cottage Oaks Court and located approximately 300 feet south of its intersection with North Beach Road and better known as 3111 Cottage Oaks Court. Tax Map 47-7 (7) The Oaks, Section 20, Block D, Lot 6 (Sheet 13). Mr. Gordon Steadman was present representing the applicant. There was no opposition present. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved this request as recommended by the Planning Commission. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S062 In Bermuda Magisterial District, Robert Lee Taylor requested a Conditional Use to permit multiple family development (1 duplex) in a R-7 District on a .5 acre parcel fronting approximately 110 feet on the northeast line of Richmond Street and located 80-322 approximately 225 feet southeast of its intersection with Curtis Street. Tax Map 115-11 (2) Chester, Block K, Lot 137 (Sheet 32). Mr. Taylor was present. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman~ the Board approved this request for a Conditional Use to permit a duplex in a Residential (R-7) District subject to the following conditions as reeonm~ended by the Planning Commission: 1. The below stated conditions notwithstanding the site plan submittsd with the application shall be considered the plan of development. 2. The structure to be erected on the parcel shall be similar to the architectural style exhibited in the renderings submitted with the application and employ brick facades. 3. A minimum of two (2) parking spaces shall be provided on site for each dwelling unit. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S065 In Bermuda Magisterial District, Progressive Contact Lens Company requested an amendment to a previously granted Conditional Use (Case #78S007) to permit the manufacturing of optical goods on a parcel fronting approximately 200 feet on Percival Street also fronting approximately 200 feet on Old Hundred Road and located in the southeast quadrant of the intersection of these roads. Tax Map 115-7 (2) Chester, Block N2, Lots 407, 406 & 401B (Sheet 3~). Ms. Teri Link was present representing the applicant. There was no opposition present. On motion of Mr. Dodd, seoonded by Mr. Daniel, this request was approved subject to the following conditions as recommended by the Planning Commission: The below stated conditions notwithstanding, all previously imposed conditions for Case 78S007 shall be applicable. 2. One building mounted sig~ not to exceed four (4) square feet in area identifying the contact lens company shall be permitted. This sign shall neither be luminous nor illuminated. The sign shall employ subdued colors and shall blend with the architectural style of the building. Prior to erection of the sign, a rendering shall be submitted to Development Review for approval. 3. This Conditional Use amendment shall be granted to permit manufacturing, cleaning, polishing and modification of contact lenses. 4. No additions or alterations to the existing structure shall be permitted to accommodate this use. Ayes: Mr. Dodd, Mr. Daniel Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S066 In Dale Magisterial District, Meadowdale Square Associates requested an amendment to a conditional rezoning (Case ~79S062) in an Office Business (0) District and a Convenience Business (B-l) District on a 1.825 acre parcel fronting approximately 200 feet on the east line of Hopkins Road and located approximately 200 feet south of its intersection with Meadowdale Boulevard and betteri known as 5937 Hopkins Road. Tax Map 52-12 (1) parcel 8 (Sheet 15). 80-323 Mr. Jerry Campbell was present. There was no opposition present. On motion of Mr. Daniel, seconded by Mr. Bookman, this request was approved with the applicant proffering the following conditions as reconm~ended by the Planning Corm~ission: 1. The existing single family dwelling may be converted for use as an office exclusively. Such use shall not include medical offices, however, use of the existing structure may continue for a two year period, at which time the originally proffered conditions of Case #79S062 shall be applied to the use and development of the parcel. 2. The existing hedgerow along the southern property line shall be maintained as a buffer until such time that the subject property is developed for other use. 3. The eastern buffer which was proffered by the applicant may be modifisd to the extent that maintains the original intent of screening co~m~ercial uses of this property from Lot 4 inMeadowdale Subdivision. Such screening shall be accomplished through erection of a 6 foot solid board fence. No screening shall be required adjacent to Lots 5 and 6. 4. Two years from date of approval of this request, all previous{~ accepted proffered conditions, shall be complied with unless the property reverts to residential use. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S068 iIn Midlothian Magisterial District, John L. Beard, Jr. and Edward W. Langston requested a Conditional Use to permit sporting goods sales (bait and tackle) and a concession stand in an Agricultural (A) District on a 1 acre parcel fronting approximately 200 feet on the east line of Woolridge Road and located approximately 200 feet south of its intersection with Genito Road. Tax Map 46 (1) part of parcel 70 (Sheet 12). No one was present representing the applicants. Mr, Balderson indicated no one had attended the Planning Conm~ission meeting to represent the case. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board denied this request. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S070 In Bermuda Magisterial District, Thomas Edward Whittle requested a Conditional Use to permit a fourth dwelling in an Agricultural (A) District on a 53.5 acre parcel fronting approximately 1600 feet on South Chester Road also fronting approximately 900 feet on Millwood Road and located in the northeast quadrant of the intersection of these roads. Tax Map 132-3 (1) parcel 7 (Sheet 41). No one was present representing the applicant. No one was present in opposition. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request subject to the following condition as reconmended by the Planning Commission: 1. Prior to any division of the land, subdivision approval shall be obtained from the Chesterfield County Planning Commission. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80-324 In Clover Hill Magisterial Dis'trict, Chesterfield County Corm~unity Devmlopment requested a Conditional Use to permit mass transportation facilities (a park and ride lot) in a Residential (R-7) District on a .41 acre parcel located within Rockwood Park. Tax Map 49-4 (1) part of parcel 1 (Sheet 14). There was no opposition present. ~On motion of Mr. Bookman, seconded by Mrs. Girone, this request was approved as recommended by the Planning Commission. · Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S073 In Clover Hill Magisterial District, Chesterfield County Con~aunity Development requested a Conditional Use to permit mass transportation facilities (a park and ride lot) in a Convenience Business (B-i) District on a .39 acre parcel located in the northwest quadrant of the intersection of Hull Street Road and Old Hundred Road and better known as Market Square in Brandermill. Tax Map 62-6 (2) Village Green, Part of Lot A (Sheet There was no opposition present. On motion of Mr. Bookman, seconded by Mrs. Girone, this request was approved as recommended by the Planning Commission. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80S075 In Clover Hill Magisterial District, Sandra W. Acree requested a renewal of a previously granted Use Permit (Case #79A057) to permit a child day care center in a Residential (R-7) District on a .5 acre parcel fronting approximately 40 feet on Wenatchee Court and located approximately 300 feet east of its intersection with Wenatchee Road and better known as 9901 W~natchee Court. Tax Map 27-8 (6) Reams Run, Section B, Block B, Lot 11 (Sheet 8). Mrs. Acree was present. There was no opposition present. On motion of Mr. Bookman, seconded by M_rs. Girone, the Board approved this request as recommended by the Planning Commission subject to the following conditions: 1. This Conditional Use shall be granted to and for Sandra W. Acree exclusively and shall not be transferrable nor run with the land. 2. No more than nine (9) children (exclusive of the applicant's children) shall be cared for at any one time. 3. No signs shall be permitted. 4. A minimum of three (3) graveled parking spaces shall be provided on site. These spaces shall be in addition to the parking spaces for the applicant's vehicles. 5. Hours of operation shall be restricted to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No Sunday operation shall be permitted. 6. This Conditional Use shall be granted for a period of not to exceed three (3) years from date of approval. Upon satisfactory reappliCation and demonstration that this use has been of no detriment to adjacent or area property owners, this Conditional Use may be renewed. Ayes: Mr. Dodd, Mr. Daniel, Fir. Bookman and Mrs. Girone. Absent: Mr.0'Nemll.' 80-325 14. I. 14. II. 14. III. Mr. Meiszer stated the County had been formally notified that the roads in the following subdivisions had been accepted into the Secondary System effective as indicated: Lensth Pennwood Subdivision, Section 2 (June 12, 1980) Drexelbrook Road - Beginning at its intersection with Barkbridge Road, Route 2159, extending westerly 0.54 mile to a temporary turnaround. 0.54 mi. Brandermill - Heritage Woods, Section 3 (June 12, 1980) Old Well Terrace - Beginning at the intersection with Planters Wood Road, Route 1939, and going 0.04 mile northeasterly to intersection with Old Well Lane, then 0.04 mile northeasterly to a cul-de-sac. 0.08 mi. Old Well Lane - Beginning at the intersection with Old Well Terrade and going 0.07 mile southeasterly to a cul-de-sac. 0.07 mi. Kenilworth Subdivision, Section A (June 13, 1980) Chartridge Lane - Beginning where state maintenance on Chartridge Lane, Route 1045, ends and going 0.12 mile southerly to a temporary turnaround. 0.12 mi. The Board was presented a report by Mrs. Girone on the activities of the Chesterfield-Colonial Heights Social Services Department. Mr. Meiszer advised the Board of outstanding appointments. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board reappointed Mr. J. Ruffin Apperson to the Chesterfield-Colonial Heights Social Services Board effective June 25, 1980 until June 1982 to fill the unexpired term of Mr. David Meade White. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookrman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Meiszer stated he had received a letter from Ms. Lucy Corr thanking the Board for naming the roads to the Nursing Home and Mental Health/Mental Retardation Department Lucy Corr Drive and Lucy Corr Court. Mr. Painter presented the Board with the sewer and water financial reports. Mr. Dodd inquired if the County would have ts make any adjustments for the Appomattox water cost increase. Mr. Quaiff stated that he felt this could be discussed at the time the water rate study is presented. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the construction of a high pressure water line along Route 360 and Genito Road to serve the Mallonee Tract with the understanding Mr. G. T. Sin~nons will contribute $20,000 towards the off-site water line, the County will refund Mr. Simons $15,000 through connections and Mr. Sirmnons will be allowed 100 connections through December 31, 1981 and will be required to install a 12" water line across his property on Genito Road. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board authoriz the expenditure of $15,000 from the Parks and Recreation Bond Funds for the extension of a water line in lieu of a wall system to serve the Point of Rocks Park. Ayss: Mr. Dodd, Mr. Daniel, Mr. B~ok~an a~d Mrs. Girone. Absent: Mr. O'Neill. 80-326 14. approved the following adjustments of appropriations for water and sewer projects: 1. W79-17B Water Line to Airport - Unappropriated from 380-1-69177-4393, $761.06 to 367 Fund Balance. The project is now complete. 2. W79-20B Chesdin Road Pump Station - Appropriated from 367 Surplus $400.00 to 380-1-69207-4101 to cover right-of way expenses. 3. W79-21B Appomattox River Water Tanks - Appropriated from 367 Surplus $550.00 to 380-1-69217-4101. This is to cover right-of-way expenses. 4. W79-22B Water Line from Appomattox - Appropriated from 367 Surplus $2,000.00 to 380-1-69227-4101 to cover right- of-way expenses. 5. W79-23B Water Line from Appomattox - Appropriated from 367 Surplus $1,500.00 to 380-1-69237-4101 to cover right- of-way expenses. 6. W79-24B Water Line from Appomattox - Appropriated from 367 Surplus $500.00 to 380-1-69247-4101 to cover right- of-way expenses. 7. W79-25B Water Line from Appomattox - Appropriated from 367 ~ Surplus $200.00 to 380-1-69257-4101 to cover right-of-way i expenses. 8. W79-26B Water Main on Providence Road - Appropriated from i 367 Surplus $118.69 to 380-1-69267-2213 to cover an advertising expensM. 9. W79-36CD Briarcliff - Section 2 - Unappropriated from 380-1-69362-7212, $3,499.70 to 563 Fund Balance. The project is complete. 10. W79-38C Drewry's Bluff Road - Unappropriated from 380-1-69381-4393, $1,066.70 to 563 Fund Balance. The project is complete. 11. W80-13C Flynn Road - Appropriated from 563 Surplus $6,930.00 to 380-1-60131-4393. This job was approved by the Board on November 28, 1979. 12. S78-19C Drewry's Bluff HUD Project - Unappropriated from 380-1-78191-4393, $3,500.00: (1) $300.00 to 380-1-79101- 2213 and (2) $3,200.00 to 573 Fund Balance. These were costs that were disallowed by the audit of the project. These expenses have already been paid. These are a reclassification for accounting purposes. 13. S79-10C Ettrick Water and Sewer HUD Project - Appropriated from 573 Surplus, $295.18: (1) $282.18 to 380-1-79101-2213 (advertising) and (2) $13.00 to 380-1-79101-4101 (right- of-way). This is to cover miscellaneous expenses. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board approved change order number 1 in the amount of $864.00 and change order number 2 in the amount of $954.00 to English Construction Company, Inc. for the Falling Creek Wastewater Treatmmnt Plant Expansion, Project 7032-25, which is for the extension of the 24 inch pipeline from the primary clarifier sight well to the future clarifier and for the extension of the sluice gate stems and addition of stem guides for the sluice gates locate in Junction Box 1. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. 80-327 14. VI. 14. VIII. 14. X.1. 14. XI. Mr. O'Neill returned to the meeting. On motion of Mrs. Girone. seconded by Mr. Daniel, the Board deferred the request of Mr. Douglas Woolfolk to install private sewage pumps and force mains for Lots 6 and/er 7, Block A, Cambridge, until July 9, 1980. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the extension of sewer service for Mr. E. Kenneth Morris at 10900 Haverford Lane with the understanding that Mr. Morris pay a $1,200 connection fee and grant any necessary easements since this line may he used to serve others in the future. Vote: Unanimous Mr. Painter presented the Board with a list of developer water and sewer contracts executed by the County Administrator. On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board authorized the Chairman to execute an agreement by and between C & P Telephone Company and Chesterfield County for a telephone cable across property at the Clover Hill Fire Department. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Bookman, the Board authorized the standby authority to invoke restrictions on the use of water in accordance with Sections 20-15, 20-16 and 20-17, of the County Code, since the Swift Creek and Appomattox water supplies are nearing capacity. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. Daniel, the Board to 1. Awarded the bid for Contract W79-26B, 6(7)9267, Project I, T & E Construction Company who submitted the low bid of $66,836.50 using cement asbestos pipe and further appropriated $80,285.75 from 367 surplus~to 380-1-6(7)9267-4393 which also covers 10~ contingencies and material furnished by the County; 2. Awarded the bid for Contract W80-33C, 6(8)0331, Project II, to Richard L. Crowder who submitted the low bid of $142,886.95 using ductile iron pipe for the 16 inch water line and 6 inch PVC pipe and further appropriated $164,341.25 from 563 surplus to 380-1-6(8)0331-4393 which covers 10% contingencies and material furnished by the County; and 3. Awarded the bid for Contract W80-33C, 6(8)0331, Project III, to William M. Harman who submitted the low bid in the amount of $35,224.20 using cement-asbestos pipe and further appropriated $42,129.40 from 563 surplus to 380-1-6(8)0331-4393 which covers 10% contingencies and material furnished by the County; all of which projects are in the Wagstaff Circle/Adkins and Providence Road area. Vote: Unanimous Mr. Bookman stated that if a priority had to be given he would like the actual Wagstaff Circle area as the number one project. 80-328 mr.~P~l~C s~e~ a~ a matter of zn~rmatlon =~'~'~'~ that the Bright Oaks well may involve some expenditure in the future but it is maintaining service at this time. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board went into Executive Smssion to discuss legal matters as permitted by Section 2.1-344 (6) of the Code of Virginia, 1950, as amended. Vote: Unanimous Reconvening: On motion of Mr. Daniel, seconded by Mr. O'Neill, the County Administrator was authorized to negotiate the purchase of trucks and fuel farm for the Airport at a price not to exceed $45,000 and said funds to be expended from 1980-81 contingency Vote: Unanimous ~ motion of Mr. Bookman, seconded by Mr. O'Neill, the Board increased the supplement from the General Fund to the Airport ~und for 1979-80 by $85,000 which is to be transferred only as ~eeded and further the Board authorized a cash advance from ~he General Fund to the Airport Fund not to exceed $15,000. ~ motion of Mr. O'Neill, seconded by Mr. Daniel, the Board ~uthorized the County Administrator to pay the non-department ~ead employees listed on the attached report of the Personnel ~epartment (58 employees) for excess vacation time in the amounts ;hown on the report based on the current salary as of December 31, .979, for the hours of accumulated excess vacation time. iaeh employee may elect to be paid the appropriate amount in ~ single lump sum in the 1981 fiscal year; in two equal nstallments in fiscal years 1981 and 1982; or to take such 'acation time over a three year period in the manner permitted ~ department heads. The election of any of the three ,tione must be made within 30 days to the Personnel Department. ~ilure to elect an option will result in payment of a ingle lump sum in the 1981 fiscal year. If mny such non- iepartment head employee retires or voluntarily resigns ~ithin two years, the employee will be paid at termination f December 31, 1979. ny department heads with excess vacation time will not be paid or such vacation time, but will be allowed to take such vacation ime over ~ three year period. Any excess vacation time incurred t the ~nd of the three year period will be forfeited to the County. 11 funds expended for the purpose of paying for excess vacation ime will be expended from currently appropriated funds in the 979/1980 budget. his remolution supersedes the resolution of the Board passed at ts March 12, 1980 meeting concerning overtime and compensatory i~e. yes: Mr. Dodd, Mr. Daniel and Mr. O'Neill. ays: Mr. Bookman and Mrs. Girone. n motion of Mr. Daniel, seconded by Mr. Bookman, the Board djournad at 6:15 p.m. until 11:00 a.m. on July 1, 1980. ounty Admini Chairman 80-329