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02-26-75 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County held at the Courthouse on February 26, 1975 at 9:00 a.m. Present: Mr. Irvin G. Hornet, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Mr. M W. Burnett, Co. Admin. The invocation is given by Mr. Krepela. Also Present: Mr Mr Mr Mr Mr Mr Mr Mr Stanley Balderson, County Planner Raymond Birdsong, Asst. Co. Eng. A. J. Bridges, R/W Engineer C. G. Manuel, Asst. Co. Admin. Morris Mason, County Attorney Robert Painter, County Engineer William Prosise, Asst. Co. Engineer Michael Ritz, Planning Director Mrs. Joan Smith Mr. David Welchons, Asst. Co. Engineer On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the minutes of February 12th and 19th be and they hereby are approved. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Beale comes before the Board requesting the vacation of a storm drainage ease- ment in the Subdivision of Courthouse Green. He states that he thought this was a temporary easement but it was not. Mr. Painter states that the Engineering Depart- ment recommends approval of this request. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following Ordinance be and it hereby is approved: An Ordinance to vacate a storm drainage easement in the Subdivision of Cou~rt- house Green, such easement being located between Barrister Road and Courthouse Green Apartments, Sections 1 and 2, as shown on plat of survey by Kenneth L. Barton~ Certified Land Surveyor, dated October 2, 1972, entitled "Map Showing Proposed Tem- porary Drainage Easement Through Property of Realty Industries, Incorporated from 'Courthouse Green' Apartments to be Abandoned in Favor of Permanent Easements with Future Sections of 'Courthouse Green' when Recorded." Such plat is recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Deed Book 1066, page 572. · ' WHEREAS, the Board of Supervisors of Chesterfield~County, Virginia, by resolu- tion adopted at its meeting held at the Courthouse on February 26, 1975, directed that an Ordinance be prepared for the vacation of such easement in view of the fact that the easement was erroneously designated as a "permanent" easement as opposed to a "temporary" easement and in view of the fact that the permanent easements have been provided for in their correct and proper locations and the storm drainage sewer has been constructed thereby eliminating the necessity for the "temporary" easement. NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Chesterfield County, Virginia: 1. The storm d~ainage easement designated on the aforesaid plat be and it is hereby.vacated. This Ordinance shall be in full force and effect and a certified copy hereof, together with a plat attached, shall be recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, by the Clerk of this Board. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by'Mr. Apperson, it is reso%ved that, upon the recom mendation of the Engineering Department, Contract W75-1C for the installation of water lines in Rayon Park be and it hereby is awarded to James T. Wharton, Inc. in the amount of $26,617.97. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that an agreement with the Highway Department for the adjustment of utilities under Project 7095-020- 101, C-501 be approved provided two provisions be added to this Contract in order that the County will not lose its rights to the water line and also that the County will not have to pay a permit fee or charge when installing further utilities on the existing easement. Ayes: Mr. Horner, Mr. Myers j Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Apperson, it Js resolved that, upon recom- mendation of the Engineering Department, the following Sewer Contracts be and they hereby are approved: t 1. S75-9D Hidden Valley Estates, Section "5" Stamie E. Lyttle Co., Inc. 2. S75-15D 3. S75-16CD Kendale Acres - Phase "II" Hawking & Dettor, Inc. East Reservoir Trunk Sewer R. M. C. Contractors, Inc. 4. S75-17D' Archbrook, Phase "I" Van Doren Brothers, Inc. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. $ 45,168.00 Est. Cost 82,896.10 Est. Cost 175,894.72 Est. Cost 57,291.75 Est. Cost On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that, upon the recommendation of the Engineering Department, Contract 6511-19C for the installa- tion of .sewer lines in the Route 1 - South Falling Creek area be and it hereby is awarded to Richard L. Crowder Construction Company in the amount of $71,649.02. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, and Mr. Krepela. On'motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that, upon the recommendation of the Engineering Department, Contract S75-14C for the replacement of sewer on 3rd Avenue in Ettrick Sanitary District be and it hereby is awarded to James E. Jackson, Contractor, in the amount of $8,798.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Painter states that bids were taken yesterday for the Midlothian Sub-Trunk and that this line will be installed in two parts. He adds that a few easements are still needed and that the county will receive money back from thi~ line as developers will pay for sewer on land that they own and the Highway Department will pay the County because the line will go under Route 288. He states that the low bid for the entire contract was $171~491.05, with Stamie E. Lyttle Construction Company do- ing the work on Part A in the amount of $121,105.75 and Fred W. Barnes Construction Company doing Part B in the amount of $50,385.30. Mr. Krepela states he may have to condemn in this area but he feels this line is badly needed and will do so if necessary. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that contract S74-30T, Part A, be and it hereby is awarded to Stamie E. Lyttle Construction Com- pany in the amount of $121,105.75 and Part B be and hereby is awarded to Fred W. Barnes Construction Company in the amount of $50,385.30 for the Midlothian Sub- Trunk. Ayes: Mr. Horner, Mr. Myers~ Mr. Apperson and Mr. Krepela. Mr. Painter states that he has been requested by William E. and Marjorie P. Clarke on Route 360 to vacate the easement recorded in Deed Book 1062, page 352, for a sewer force main that will not be constructed. Mr. Apperson inquires if Mr. Painter is considering releasing all easements in the area. Mr. Painter states that he is not as they may be needed later. It is generally agreed that this matter be de- ferred until further investigation is made of all easements in the area. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the County vacate a sewer easement and record another sewer easement to take its place for Mr. Harry Dinwiddie, Jr. all as shown on documents recorded withi~the papers of this Board, and be it further resolved that the County vacate a sewer easement and record another sewer easement to take its place for Vincent C. and Helen P. Fiore all as shown on documents recorded with the papers of this Board and further that the County get other easements as necessary for ~the construction of sewer on Whittington Drive. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that he would like a resolution authorizing condemnation of a strip of land along Bailey Bridge Road and Clay Point Road in fee simple title from Grace Florence Bailey. He states that an offer was made of $9,600 for a 50 ft. strip containing 3.5+ acres. Mr. Burnett inquires why this land would be purchased in fee simple and a~ks if the owner understands he would not be allowed to use this land. Mr. Branch comes before the Board and states that he requested this be trans- acted through fee simple for tax purposes. He states that his land has been assessed at $5,000 an acre and same will not perculate. Mr. Painter states that also by pur- chasing this land in fee simple, the County would be protected from~the Highway Department when and if they widened the road because the Highway Department would be responsible for the utility line being moved. On motion of Mr. Homer, seconded by Mr. Myers, it is resolved that the County Attorney be and he hereby is authorized to prepare a Deed of Bargaining and Sale for this Property and submit same to the Board for approval. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Welchons comes before the Board and gives the results of sewer surveys conducted in the following areas which are as follows: Chester Area - 49.8% returned contracts in the area of Richmond, Percival, Petersburg and Winfree Streets. Forest Acres - 60% returned contracts in the area of Reams and Adkins Roads. Kingsdale Road - 55.3% returned contracts. Radcliffe Road - 60.3% returned contracts and more may be possible if vacant lots are considered. Chester'Area - 50% returned contracts in the area of Bruce Farms, Lora Lynn Heights, etc. Mr. Painter states that he feels a survey should be made in the area of Rock Creek Road. Mr. Welchons states that the approximate cost for this area will be $13,000. Dr. Gibbey comes before the Board and states that five homes in this area are in bad need of sewers and all easements have been signed. On motion of Mr. Krepela, seconded by Mr. ApperSon, it is resolved that the Engineering Department receive bids in this area and construct a sewer line if bids do not exceed $13,000. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Prosise states that the Engineering Department has received bids on Project D7~04C, for drainage improvements in Ettrick. He states that the low bid was in the amount of $25,198.50 for Part I of probably a two phase project to put in a drainage network in the area from East River Road to Chesterfield Avenue. He adds that the Virginia Department of Highways will pay $5,000 of the cost, the property owners of the 7-11 and Grocery Store will pay for the inlets in front of their place~ o~, business, and other property owners will pay for curb and gutters in front of t~ir property. He states the cost the County will experience will be approximately $18,63,6. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that Contract D74-04C for drainage improvements to Ettrick be and it hereby is awarded to IPK Construction Company in the amount of $25,298.50. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Prosise states that he has received a complaint regarding Tall Pine Road off of Old Bailey Bridge Road. He states that the road was recorded in 1965 and has never been taken into the State System and adds further that improvements need to be made such as the resurfacing of the road and pulling the ditches. It is gen- erally agreed that Mr. Prosise get an estimate from the Highway Department on the cost of this improvement and Mr. Krepela will use 3¢ Road Funds for this improve- ment. ~r. Prosise states that Mr. Krepela asked him to investigate the drainage problem at Brixham and Halstead. He states that the vacant lot ~is lower than the ditch and a builder would like to construct a dwelling on this lot but he would first have to fill in the lot causing a drainage problem on the adjacent lots. He states that this could be storm sewered for approximately $2,090 if the County did the work and that another estimate from a contractor was in the amount of $7,150. He adds that he recommends that this property owner dedicate an easement and pay $450 for the cost of the pipe across his property and the County do the work to con- struct this storm sewer. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the County construct a storm sewer in this area with the property owner granting an easement and paying for the cost of pipe across his property which is estimated to be $450. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Prosise presents preliminary for drainage in the area of Rt. 60 and Rt. 147. He states this would require the property owners or developers in the area to pay or make arrangements for drainage work in the area for the land as it is used. He states that this is a high level swamp area and would be done in two phases. Mr. Burnett states that he feels a plan should be presented showing the two different drainage areas. Mr. Horner voices his concern for landowners selling this property to unaware purchasers. Mr. Mason states that this would have to be advertised and adopted before it would be legal. Upon consideration whereof, it is on motion of Mr. Apperson, seconded by Mr. O'Neitl~ resolved that this drain~age plan be referred to the Planning Commission for a recom- mendation. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Krepela states there is a delegation present to discuss with the Board the possibility of changing the County's form of government. Mr. Apperson inquires if Mr. Krepela realizes there is no compulsion on the part of the Judge to schedule a vote at this time. Mr. Krepela states that it is his understanding he has to schedule it after 90 days of the request being presented. Mr. Mason states that the Judge has absolute discretion whether to call a special election or not and if he does it has to be no less than 60 days and not more than 90 days after the request has been received. If a special election is not held, an election will be held in November at the general election. On motion of Mr. Krepela, it is resolved that this Board of Supervisors request the Judge of the Circuit Court to hold a referendum on: 1. If the residents of Chesterfield County would like to change the present form of Government; and 2. If a change is desired, which form would be preferred: A. County Executive B0 County Manager Mr. Apperson states that he does not object to this but feels that since the resi- dents of the County have started this petition, the Board should not be involved. He adds that he feels those persons in the County who are stirred up would be in- terested in this, but that there would notbeatrue cross section and a true feeling of the residents could not be obtained in a special election. Mr. Krepela states that this would be up to the Judge. Mr. Apperson states that he is concerned also with the cost of a special election especially since the Board has been using a conservative approach with the spending of County funds. Mr. Krepela states that the Board is concerned with spending money every year, but the people are requesting this referendum. Mr. Horner states that he feels the petition will confuse the average voter. Mrs. Finch states that the petition was prepared under the direction of the County Attorney. Mr. Mason states that the petition went to the Judge and the Judge sent it to him to see if it were in legal form and he responded that it'was. Mr. Krepela states that the petitioners are ready to go with this statement on March 3rd and then they would educate the general public as quick as possible as to the choices in the form of Government. Mr. Apperson asks what the gains are if this petition is this close. Mr. Krepela states that the Board represents the people and they sould not be so disinterested as to ignore their wishes. Mrs. Length states that she feels this petition would present a problem to the average citizen. Mrs. Armstrong states that she does not feel it would' cause any- more of a problem than any other election. Mr. Horner states that he feels the wording of this petition asks for a negative vote. He adds that those wanting the government as it is now would stick together and that the vote against the present form of government would split votes. He states that he feels the people should have a definite choice. Mrs. Finch states that the people who prepared the petition just wanted to inform the people of the choices and they could pick which form they preferred. She states further that they would appreciate the Board going along with this petition as they do not feel it is a democratic or republican issue. Mrs. Charles Elmore of the League of Women Voters states that she is present to hear the discussion and that the League did not take a stand on the question but does feel that it is of importance to the County and they are preparing a state- ment showing the good and bad points of each form of government. Mr. Wagstaff comes before the Board and states that he feels the government in Chesterfield is the best in the State but he would like to see the School System brought closer to the people. Mr. Apperson states that he is of the opinion that there is very little to be gained by changing the form of government as others in the State do not seem to be any better. He states that~he cannot honestly look at any county or city in Virginia and say that their form of government is so next to perfect that Chesterfield should be run in the same manner. He inquires if the people on the School Board are so much worse than members of this Board. Mrs. Armstrong inquires how long the School Board's term of appointment is. Mr. Rudy states four years, at the pleasure of the Board of Supervisors. Mr. Horner states that he cannot support Mr. Krepela's motion as he does not feel it is good for the County. Mr. Myers states that if a referendum is to be held, he hopes a good educational program will be held. He adds further that he was not surprised that 4,000 names were obtained and possibly more could have been gotten. He states that he does not feel this is a party issue but does feel the people should have the opportunity to say what they want. He states that he has heard people everywhere discussing this issue and he feels a referendum is in order. Mrs. Armstrong inquires if the Board would have any input as to the Judge'S decision on when such a referendum should be held. Mr. Hornet states that they could but they would not. A vote being taken: Ayes: Mr. Krepela. Nays: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Homer, it is resolved that the resolution from the Board read that the people have a choice between the County Executive form of government or what presently exists in the County. The concensus of the Board is that they will not support this motion because it takes away the total choice from the people. Mr. Horner states that he made the motion in this manner because he does not favor the County Manager form and feels it would be bad for Chesterfield and further adds that since he will not receive support from the Board, withdraws his motion. Mr. Apperson states that as he had stated at the beginning of this discussion this was a futile exercise. The Board adjourns for lunch. Reconvening: 74S157 In Midlothian Magisterial District, Consolidated Sales Co., Inc. requests the rezon~ ing from Convenience Business (B-l) and Community Business (B-2) to General Busi- ness (B-3) of a parcel of land of irregular shape, containing 33 acres, fronting approximately 1,200 ft. on Huguenot Road, also fronting approximately 800 ft. on Robious Road, and being located in the south quadrant of the intersection of the aforementioned roads. T. M. 8-16 (1) 5 (Sheet 2). On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that this case be deferred until April 23rd at 2:00, at the request of Senator Fred Gray who is pres- ently serving in the General Assembly and now asks for the privilege of immunity. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~4S174 In Clover Hill Magisterial District, R. K. Putney requests rezoning from Residential (R-7) to General Business (B-3) of a 7.9 acre parcel fronting approximately 345 ft. on the.east line of Goodes Bridge Road and being located.approximately 1,000 ft. north of its intersection with Walsmley Boulevard. T.M. 40-2 (1) 25 (Sheet 15). Mr. Leslie Saunders, representing~Mr. Putney, states that there had been some op- position to this request but that Mr. Putney will agree to putting the conditions in the deed so that the conditions will run wi~h the land. Mr. Myers inquires if he will fence the area where the equipment will be stored. Mr. Saunders states he will. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this rezon- ing from Residential (R-7) to General Business (B-3) be and it hereby is approved subject to the conditions recommended by the Planning Commission with same being incorporated into the deed. Ayes: Mr. Horner~ Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74S176 In Midlothian Magisterial District, Twinridge Limited Partnership requests rezoning from Residential (R-15) to Convenience Business (B-l) plus a Conditional Use for a Planned Development of a 9.38 acre parcel fronting approximately 250 ft. on Bu- ford Road and being located approximately 800 ft. north of the intersection of Bu- ford Road and Midlothian Turnpike. T. M. 18-15 (1) 18 & 19 and 18-16 (1) 3 (Sheet 8). Mr. Balderson states that the Planning Commission recommended denial of this ap- plication but if the Board sees fit to grant same, there are a number of conditions recommended. Mr. Glade Knight comes before the Board and introduces his architect and consultant to speak on the project. The architect states' that this proposed development would be pleasant and beautiful and would not detract from the area and presents three exhibits. The consultant states that he sees an increase of 15-20 cars on Buford Road and 30-35 increase on Route 60. He states that this develop- ment would be more adaptable than single family dwellings and would provide jobs for people in the area. Mr. Apperson inquires what road would be used for ingress and egress. The consul- tant states Twinridge. Mr. Balderson states that the proposed realignment of Bu- ford would change the intersection. He states further that the Highway Department has recommended this realignment. Mr. Knight states that churches, nursing homes, etc. have been proposed for this area and that this is the best. Mr. Horner in- quires if Mr. Knight has read the conditions. Mr. Knight states he has and with regard to the firehouse, the developers would like to have some compensation, for example, water and sewer to the development. Mr. Homer states he does not feel this firehouse site should be included in the conditions. Mr. Knight states that he does not feel it should be or needs to be as all concerned are gentlemen. He states that they did have 100% approval from adjacent landowners at one time. Mr. Horner inquires if there is anyone in opposition to this request. Mr. Lee Winder, President of the Bon Air Civic Association, comes before the Board with a petition signed by 62 persons in the area who are opposed to this rezoning. He asks!i for those in the audience opposing to stand; approximately 40 people are present to oppose. He states that they feel this development would be detrimental to the area and would decrease the value of their homes. Mr. Winder states that there arei' a number of available buildings within a four mile radius that could handle this type of business. Mr. Ernie Rose, President of Rock Creek Park Association, comes before the Board and states that rezoning df other land north of this parcel will occur if this is rezoned, the traffic will be increased heavily as shown by the 220~ car parking lot that is proposed and they have seen what other zoning in the area has done to same. Mr. Krepela states that the Powhite Parkway Extension will be coming in parallel to Mayflower and Lake Shore Roads, circumventing the area by a major highway, there are seven parcels in the general area that could be rezoned B-1 also, and this would be an encroachment down Buford when the developer could find other land to develop. On motion of Mr. Krepela, it is resolved that this request be denied. Mr. Apperson states that the people in the area may fight for a while but what will happen if they give up one day and a bad project is allowed to develop in the area. Mr. Krepela states that this will have to be seen. The motion being seconded by Mr. Apperson, a vote is called: Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Abstention: Mr. Homer. 75S007 In Clover Hill Magisterial District, Mortgage Acceptance Corp. requests rezoning from Agricultural (A) to Community Business (B-2) of a .42 acre parcel fronting approximately 100 ft. on Turner Road and being located approximately 900 ft'. south of its intersection with Midlothian Turnpike and better known as 202 Turner Raod. T. M. 29-1 (1) 1-1 (Sheet 9). Mr. Balderson states that the Planning Commission has recommended approval of this request. There being no opposition, it is on motion of Mr. Horner, seconded by Mr. Apperson, resolved that the rezoning from Agricultural (A) to Community Busi- ness (B-2) be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 75S009' In Bermuda Magisterial District, Dr. Joe Fielder requests rezoning from Agriculture% (A) and Community Business (B-2) to Light Industrial (M-l) of a 37 acre parcel fronting approximately 1,500 ft. on Jefferson Davis Highway and being located op- posite the intersection of Forest Lake Road and Jefferson Davis Highway. T.M. 133-3 (1) 2, 3 & 133-7 (1) 5 (Sheet 41). Mr. Balderson states that the Planning Commission did recommend approval of this request. Mr. Myers states that he feels this area will go with this general type of development but would like Dr. Fielder to respect Mrs. Child's property as much as possible. Dr. Fielder states that he will. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this rezonin~i request from Agricultural (A) and Community Business (B-2) to Light Industrial (M-l) be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 75S010 In Clover Hill Magisterial District, Bruce R. Anderson requests a Conditional Use to permit the operation of a machine shop on a 2.16 acre parcel fronting approxi- mately 175 ft. on Ruthers Road and being located approximately 675 ft. south of its intersection with Midlothian Turnpike, and better know, Tn as 214 Ruthers Road. To M. 28-4 (1) 29 and 29-1 (Sheet 8). Mr. Balderson states that the Planning Commission did recommend this for approval subject to several conditions. Mr. Anderson inquires if he would be allowed to build a little shed to house the lawnmowers that he has moved out of the machine shop area. Mr. Balderson states that he would. There being no opposition to this request, it is on motion of Mr. Horner, seconded by Mr. Myers, resolved that a Conditional Use be granted for the operation of a machine shop subject to the conditions recommended by the Planning Commission with the fifth condition reading as follows: 5. No exterior change, modification or addition shall be made to the structure relative to this operation. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 75S011 In Clover Hill Magisterial District, Edward J. Bell requests a Conditional Use for a Planned Development to permit the construction of a second dwelling on a .75 acre parcel fronting approximately 240 ft. on West providence Road and being loca- ted approximately 750 ft. southwest of its intersection with Ramsgate Lane and better known as 9501 West Providence Road. T. M. 39-5 (1) 6 (Sheet 14). Mr. Balderson states that the Planning. Commission has recommended approval of this conditional use subject to conditions. Mr. Harry Johnson states that conditions #2 and #3 present a hardship on him. Upon consideration whereof, it is on motion of Mr. Horner, seconded by Mr. Apper- son, resolved that this request for a Conditional Use be and it hereby is approved subject to the conditions recommended by the Planning Commission withthe exception of conditions #2 and ~J3. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 75S012 In Clover Hill Magisterial District, Robert R. Bars requests that previously granted Conditional Use #72-24U be amended to allow the construction of one entrance and driveway and that the driveway and parking lot be consnructed with gravel on a one acre parcel, fronting approximately 130 ft. on South Providence Road and being lo- cated approximately 450 ft. south of its intersection with Midlothian Turnpike. T. M~ 28-3 (1) 21 (Sheet 8). Mr. Balderson states that the Planning Commission has recommended approval of this request subject to the conditions listed. Mr. Robert Bars states that the paving of this road will present a hardship on him and he feels that if it were properly graded and graveled there would be no problem. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved than this request be and it hereby is granted with condition #9 being amended to read that the drive- way may be graveled in lieu of paving. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S013 In Clover Hill Magisterial District, 360 Associates requests a Conditional Use permit the construction of two office buildings on a two acre parcel fronting ap- proximately 320 ft. on Hull Streen and being located approximately 1,200 ft. north- east of its intersection with Walmsley Blvd. T. M. 39-12 (1) 8 (Sheet 14). Mr. John O'Conner comes before the Board and requests a 30 day deferral. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the request for defer- ral until March 26 be and it hereby is approved. Ayes: Mr. Horner~ Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill Mr. Carl Nunnally representing the Longwood Civic Association comes before the Board stating he is in opposition to this Conditonal Use permit as it is not con- sistent with the community development in the area and feels further this would sen a precedence in the area for commercial building. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the following erroneous tax calims be and they hereby are recommended for payment: Curtis Circulation Field Service Cecil L. Williams Mattie J. Ellis Harry R. Williams George K. and Della M. Toney The Agency, Inc. Roy S. Hensley, Jr. Robert M. and Dorotha S~ Stifling Comet Homes, Inc. Doris E. Haskins Robert S. Cheives Junior L. King Robert Lee Mills Honeywell, Inc. Ralph Branch Elwood R. Sutler Ayes: County License Erroneous Assessment for 1st half of 1974 Erroneous Assessment for 1974 Erroneous Assessment for 1974 Erroneous Assessment for 2nd half of 1974 Erroneous Assessment for 1973 County License County License Erroneous Assessment for 1974 Erroneous Assessment for 1974 Erroneous Assessment for 1974 Erroneous Assessment for 1974 Erroneous Assessment for 1974 County License County License County License Mr. Horner, Mr. Myers~ Mr. Krepela and Mr. O'Neill. 15 00 92 38 130 20 1 50 110 05 143 03 30.00 30.00 35.00 76.50 14.28 25.50 41.98 15.00 15.00 15.00 On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the game claim of Robert H. Perdue for the destruction of three fowl in the amount of $6.00 be and it hereby is approved for payment. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. ~fyers, seconded by Mr. Apperson, it is resolved that the game claim of Mr. L. A. McDaniel for the destruction of nine fowl in the amount of $22 50 be and it hereby is approved for payment. Ayes: Mr. Horner, Mr. Myers, ~,fr. Apperson, ~r. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board of Supervisors accepts the contract with the Federal Government to house Federal Juvenile Prisoners on a temporary basis at a cost per day of $9.50. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that he has spoken with Mr. Spooner Hull of Virginia Election Services, Inc. and he has offered to sell the County voting machines which have been used only once at a cost of $1,600 which would normally cost $1,867 new. He adds further that the Electorial Board has met and decided they will nee~ eight additional machines for the coming election. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the County purchase eight voting machines from the Virginia Election Services, Inc. at a cost of $1,600 each and same to be a cash sale. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the County Attorney advertise for a Public Hearing the proposed Ordinance for the incr. easing of building, electrical, plumbing and other fees in the County on April'9th at 11:00 a.m. Ayes: Mr. Horner, Mr. Myers Mr. Apperson Mr Krepela and Mr. O'Neill A Court Order from the Judges of the 12th Circuit was read to the Board and is · filed with the paper's of this meeting. Mr. Burnett states that the cost of operating the Landfill last year was $188,843 and that revenue collected amounted to $96,822. He adds that we are currently charging 40¢ per cubic yard and recommends we increase this to 80¢. He states that this increase would be consistent with that charged in other areas. Mr. O'Neill states that he has been receving complaints regarding the truck traffic on Booker Road, east and westl On motion of Mr. O'Neill, seconded by Mr. Apperson it is resolved that the County Attorney be requested to research what procedures need to be followed to restrict truck traffic on Booker Road, east and west. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Apperson inquires if this increase in cost at the Landfill needs to be adver- tised. Mr. Mason states this is a policy and not an ordinace so it does not. Mr. Myers states that he feels the Landfill should pay for itself and not be subsi- dized by the County. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that the cost per cubic yard of wastes going to the Landfill be increased to 80¢ effective April 1, 1975. Ayes: Mr.Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson~ it is resolved that the Common- wealth's Attorney be authorized to use unexpended funds in his current budget to cover the increase in salary for Mrs. Linda K. Brugnoli since the Compensat%on Board denied his request. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the f~llow- ing Ordinance be and it hereby is adopted: An Ordinance to vacate a 16 foot wide alley easement along the southerly line of Lot 8, Block C, Section A, in the subdivision of Stonehenge, Midlothian District, a plat of which made by F. T. Seargent~ Certified Land Surveyor, dated September 20, 1966, recorded October 13, 1966, in Plat Book 15, pages 62~ 63 and 64, Clerk's Office, Circuit Court of Chesterfield County, Virginia, the portion of said 16 foot wide alley easement being more particualry shown on a map prepared by Lewis & Owens, Inc., Engineering and Surveying, dated March 19, 1974, revised January 24, 1975, a copy of which is attached hereto and made a part hereof by this reference; and WHEREAS, Irbane H. Ingram and Frances W. Ingram, his wife, have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the unopened 16 foot wide alley easement along the aforesaid southerly line of Lot 8 as shown shaded in hatch marks and outlined in red on the aforesaid attached plat; and WHEREAS, notice of the adoption of this Ordinance has been given in accord- ance with Section 15.1-431 of the Code of Virginia (1950), as amended; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield: 1. That pursuant to Section 15.1-482, of the Code of Virginia (1950), as amended, that the portion of the unopened 16 foot wide alley easement described above and shown shaded in hatch marks and outlined in red on the plat attached, be, and it is hereby vacated. 2. This Ordinance shall be in full force and effect in accordance with Sec- tion 15.1-482 of the Code of Virginia (1950), as amended, and a certified copy thereof~ together with the plat attached, shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that Mrs. Dalton has worked with Mr. Maule and is still trying to get Ft. Darling donated to the National Park Service. He states that he has not received an official letter from Mr. Maule stating exactly what their plans for the park are. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that the County Administrator be and he hereby is authorized to write a letter to Mr. Maule of the National Park Service to ascertain their plans for the development of Ft. Darling. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that this date and time have been set for a Public Hearing to determine the community needs and priorities concerning a community development program for the County's application for funds available through the Housing and Community Development Act of 1974. Mr. Jim Zook of the Planning Department comes before the Board and goes over the pre-application with the Board. He states that as of today, no other jurisdiction has applied for the possible $400,000 that is being made available but the deadline is not until Friday, February 28.~ He states~ that they will look at the priorities as listed by the jurisdictions and go down the line taking projects they can complete. The Board inquires if there are any conditions attached to this money. Mr. Ritz states that they may require that we join the Planning District Commission if more money is to be received. Mr. Zook states that March 15th will be the date for invitations to submit the full appli- cation, April 15th will be the deadline for submission and that an answer with regard to what money will be granted will be by May 30th. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this Board accepts ~he offer of C. D. R. Company, a Virginia General Partnership, as set forth in its proposal dated February 20, 1975, to purchase approximately one ~(1) acre being 175' fronting on the west side of Whitepine Road x 250', of land at the Chesterfield Airport Industrial Park, upon the terms and conditions therein for the purchase price of $15,000 per acre. And be it further resolved, that the County Attorney petition the Circuit Court of Chesterfield County, Virginia, for approval and ratification of this sale of land by the County to C. D. R. Company, and that the Chairman and Clerk are author- ized to execute and deliver a good and sufficient deed to said purchaser. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett ~tates that he has received a letter from Col. Horace Mann requesting the Board to suggesn someone who might fill a vacancy on the Museum Committee. He adds further that he feels Col. Mann does not realize the Board appoints mem- bers to this Committee and he will call Col. Mann and ask him for suggestions. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that Mr..George W Moore, Jr., Treasurer, be and he hereby is authorized to make the following budget changes to handle the increase in cost to operate his Department: 1. Appropriate $25,000 from the Unappropriated Surplus of the General Fund no the following accounts: 11-031-109.1 Temporary Help $12,000 11-031-218.1 Postage 8,000 11-031-319.0 Office Supplies 5,000 $25,000 Increase Revenue Account 11-000-620.2 Shared Expenses Treasurer by $12,500. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. O'Neill states that there is a sewer project that he has been working on for over a year and all easements have finally been obtained and he would like sewers in the area. He adds that 76.5% participation has been contracted in the River Road area between Gill and Bass Streets. This would serve 17 houses in the area and the cost per connection would be $3,706 as the estimate for the area is $63,000. Upon consideration whereof, it is on motion of Mr. O'Neill, seconded by Mr. Apper- son, resolved that construction of sewer lines in this area be advertised for bids. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that Mr. George W Moore, Jr., Treasurer, be and he hereby is authorized to negotiate a short term loan and borrow an amount up to and not to exceed $2,500,000 to meet casnal.'deficits i! in anticipation of revenue in accordance with the law for such cases made and pro- ~! vided. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Horner, it is resolved that the County advertise and hold a Public Hearing on March 26th at 11:30 a.m. on the proposed Ordinance adopting the change in precinct lines. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Bur'nett States that he has a request from Mr. Fred Forberg who has obtained a reassessment on all machines and tools in the County and he would like to know if pollution control equipment should be assessed. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that all machines and tools be assessed in the County with the exception of pollution control equipment. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O~Neill. Abstention: Mr. Apperson. Mr. Mike Ritz presents bids for the construction of recreational facilities on four County parks which bids total $363,334. Upon consideration whereof and on motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that construction be started as soon as possible on the proposed facilities at Matoaca, Ettrick, Harrowgate and Ecoff Parks at the bid price of $363,334. .Ayes: Mr. Horne~, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that Bernice Harris, an employee of the Utility Department, presently recouperating from an operation be given emergency sick leave for ten (10) days. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Manuel gives a report on progress toward cleaning up the junk cars in the County. It was generally agreed that additional bids be secured from other people who may wish to pick up abandoned cars throughout the County. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board go into Executive Session to discuss matters pertaining to real estate and per- sonnel. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: The Chairman announces to the Press that in the last two hours the Board discussed problems pertaining to land acquisition, the selection of a Police Chief and vari- ous personnel problems before the Board. On motion of Mr. Krepela~ seconded by Mr. Myers, it is resolved that the salary of the County Administrator be increased 5% as of January 1, 1975. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board adjourn at 10:45 p.m. until 5:00 p.m. on March 10, 1975. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~. W.' Burnett, Secretary ~rfn ~[ ~~rman