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07-23-75 MinutesVIRGINIA; At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on July 23 1975 at 9:00 a.m. ' ' Present: Mr. Irvin G. Horner, 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. Also Present: Mr, Raymond Birdsong, Asst. Co. Eng. Mr. Stanley Balderson, Chief Planner Mr, John Harmon, R/W Agent Mr. C. G, Manuel, Asst, Co, Admin, Mr, Morris Mason, County Attorney Mr, Robert Painter~ County Engineer Mr. Willis Pope, R/W Engineer Mr, William Prosise, Asst, Co. Eng. Mr, Michael Ritz, Planning Director Mr, Oliver Rudy, Commonwealth's Attorney Mrs, Joan Smith, Secretary The invocation is given by Mr. Myers. On motion of Mr' Apperson, seconded by Mr, Myers, it is resolved that the minutes of June llth be corrected as amended and the~minutes of July 9th and 16th be and they hereby are approved. Ayes: Mr. Homer, Mr. Myers, Mr~ Apperson and Mr, Krepela Mr. Burnett states that the County had received a petition to vacate Ghent Drive. Mr. Dan Stephens, representing Mr. and Mrs, Raymond L, Talbert and Mr, and Mrs. John D. Dvorak, comes before the Board and states that his clients have maintained this stub road for the last 8-10 years and because of this they wish to receive some benefits for maintaining same, He states that since a bridge would have to be constructed over Pocoshock Creek, this road is not feasible, He adds that this road has been here for 20 years which was the time of the beginning of the subdivision, has not been needed in that time and feels further it will never be needed and presents pictures of the area in question. Mr, Burnett states that the Planning Department has recommended denial of this request because of the access to the subdivision and the Engineering Department has asked that 'a drain- age and utility easement be deeded if this road is to be vacated. Mr. Apperson states that at the present time this access is not being used but that at some time in the future it could he needed. He adds further that there are plans for further development in the area which could easily allow the vacation of this road. Mr. Horner states that the timing for this request is wrong and that when other roads in the area are constructed he sees no reason why this could not be vacated at that time. Upon consideration whereof, it is on motion of Mr Horner, seconded by Mr. Apper- son, resolved that this petition for the vacation of Ghent Drive be denied with no prejudices because the potential for the road access is needed at this time. Ayes: Mr. Horner, Mr. Myers, Mr~ Apperson and Mr. Krepela. 1. W75-11D On motion of Mr. Krepela, seconded by Mr, Myers, it is resolved that the follow- ing Water Contracts be and they hereby are approved: i 2. W75-38CD 3. W75-51CD Brandermill - Quail Hill Fred W. Barnes Construction Co. Foundry Run Stamie E. Lyttle Construction Co. County Cost: $22,464,30 for off- site and oversize Lakewood Farms, Section "C" Hawkins and Dettor, Inc. County Cost: $11,266,50 for oversize Ayes: Mr. Horner, Mr~ Myers, Mr. Apperson and Mr. Krepela. $ 9,620.20 60,677,80 32,464.50 There is some discussion of the consideration of awarding Contract W75-40C for Mount Blanco and Mr, Painter inquires if the contract should be W75-40CD. Mr. Birdsong states that the cost is estimated to be $24,994,00 with the County pay- ing $18,475.50 and the developer paying the remainder. Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr. Krepela, resolved that this contract be and it hereby is awarded to Fred W. Barnes Construction Company in the amount of $24,994.00, Mount Blanco. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr, Krepela, On motion of Mr, Myers, seconded by Mr, Apperson, it is resolved that Mr. Cyrus Tamabdon's request for a water line extension in Mount Blanco be and it hereby is approved with the understanding that he will pay for the cost of the extension. Ayes: Mr, Horner, Mr~ Myers, Mr, Apperson and Mr~ Krepela, Mr. Burnett states that he has been requested by Mr, Tamabdon for the County to approve a sand filter for a septic tank in the same location, He states that the Health Department insists that the Board approve such a request before they will allow same to a private concern. Upon consideration whereof, it is on mo- tion of Mr. Myers, seconded by Mr. Krepela 'resolved that this request be and it hereby is approved. ' Ayes: Mr, H0rner, Mr, Myers, Mr, Apperson and Mr. Krepela, Mr. Painter states that the Engineering Department has recommended approval of the listed Sewer Contracts, Mr, Myers inquires how much will be County money. Mr. Painter states that these contracts are all subject to the facilities con- structed down stream and also subject to the State ~ater Control Board approval. He states that there will be no C~unty money initially because the cost is en- tirely at Brandermill's expense and any surplus of the bond fund will go toward payzng the cost of the project, Mr. Painter states that he feels Brandermill should be asked to sell bonds soon so that they can set up a fund because there is no fund at this time, Mr. Krepela inquires if the County is lending Brander~ mill money° Mr. Painter states that they have for the pumping station and soil tests, etc, Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that the following Sewer Contracts be and they hereby are approved: 1. S75-11CD East Reservoir Pump Station Davisco, Incorporated 2. S75-12CD East Reservoir Pump Station (D±scharge to Nuttree Creek) R, M. C, Contractors, Inc. 3. S75-46D HUguenot Road 7-11 Store Carter Bell Corporation 4. S75-42D Belfair Village Lewis H, Easter 5. S75-48D Gleneagles, Phase I Fred W. Barnes Construction Co. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. $142 455.00 48,604.50 2,914,00 42,984.00 38,744.75 Mr. Painter states that the developer would like to have a Sewer Developer Parti- cipation Agreement approved. He states that the developer has agreed to pay $4,000 towards the cost of extending Crooked Branch sewer to Kendale Acres. Upon con- sideration whereof, it is on motion of Mr. Apperson, seconded by Mr. Myers, re- solved that this Sewer Developer Participation Agreement be and it hereby is ap- proved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the Chair- man of this Board be and he hereby is authorized to sign two separate agreements with Southern Railroad for sewer line crossings at 414 ft. west of M.P.F.-127 and 1,591 ft. east of M.P.F.-127. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Painter states that the engineering for Crestwood Farms, Contract 7032-2A, has been completed and that three condemnations are needed to serve two people who want sewer, one of whom is not really too interested. He states that the other person would like sewer extended to his home but that he is not experiencing any problem at this time. Mr. French comes before the Board and states that they do not need sewer in this particular area and they would prefer not to have it be- cause they wo.uld not be able to build on the land once the lines are laid. Upon consideration whereof, it is on motion of Mr, Krepela, seconded by Mr. Myers, re- solved that the sewer line be deleted so that the condemnations are not necessary for the Nesbit, French and Schools familes, Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela, Mr. Painter states that the extension of sewer in Crestwood Farms to the rear of houses on the west side of Bloomfield Road, the same being Lots 5, 6, 7 and 8, Block D, requires some condemnations and recommends the deletion of this line because people do not want sewer. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr, Myers, resolved that the sewer extension in Crest- wood Farms to Bloomfield Road be and it hereby is deleted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela, Mr. Martinez comes before the Board to express his needs for sewer in Falling Creek Farms. He states that because of conflicts in both time schedules, he and Mr. Painter did not meet as suggested, He states that he is not sure if anyone in the area will contribute more for sewer because he is the only one experienc- ing problems at this time, Mr. Painter states that the cost will be approximately $30-$40,000. Mr, Horner states that the Board will have to be looking toward a rate study in the near future and he is not sure how far down the line this will be. Mr. Martinez states that 13 people have signed the $300 contract and there is a possibility of one more, Mr, Painter states that because people have signed the agreement for $300, the County can return contracts and are not liable for putting in sewer for the $300 if the rates should be changed, It is agreed that this matter be deferred for further consideration, Upon consideration whereof, it is on motion of Mr, Hornet, seconded by Mr, Myers, resolved that the engineering be done on Falling Creek Farms and that bids be received. Mr. Painter inquires who should do the engineering because the sewer trunk lines were done by J, K. Timmons. Mr. Myers states that this is a small job and he sees no reason why the Timmons firm could not do this project. Ayes: Mr. Horner, Mrt Myers, Mr, Apperson and Mr, Krepela, On motion of Mr. Myersi seconded by Mr. Apperson, it is resolved that because of extenuating circumstances R. L, Crowder Construction, Inc,'s request for a thirty (30) day extension of time on Sewer Contract 6511-19C Bellwood Area be and it hereby is granted. ' ~ On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the County Attorney institute condemnation proceedings against the property owners listed below if the amounts offered by the County as set out opposite their names is not accepted. Be it further resolved that the County Administration notify'the said property owners by registered mail on July 28, 1975, of the intention of the County to enter upon and take the property which is to be the subject of the said con- demnation proceedings. An emergency existing, this resolution shall be, and it is hereby declared in full force and effect immediately upon passage. 1. James M. Reynolds, Jr. and S74-62C/4 $ 277,00 Virginia G. Reynolds Sewer and 38-16 Drainage 2. Guy N Owen and Louise T. 7032-14/2 and 2A 76 40 Owen , 3. Linwood W. Moorefield and W75~38CD/4 531 00 Phyllis J. Moorefield Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Painter states that the agreement with the Plantation Pipe Line Company for a sewer crossing on Horner's Run, Contract 7032-11A, has been approved by the County Attorney and it is a standard form. Upon consideration whereof, it is on motion of Mr. Homer, seconded by Mr. Myers, resolved that the County approve this agreement with Plantation Pipe Line Company and the provisions placed on the con- struction by said Company. Ayes: Mr. Horner, Mr, Myers, Hr, Apperson and Mr. ~repela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the County Engineer be and he hereby is authorized to get engineering bids on the following projects: Ayes: 1. Kingsdale Road S74-42C 2. Southaven S74-43 3. Gravelbrook S73-1 and 2 T 4. Crestwood Farms 7032-2A Mr. Homer, Mr. Myers, Mr. Apperson and Mr. Krepela, Mr. Myers snates that he has been requested by Mr. Friend to see if the line for Kingsdale Road can be extended to help him with a bad sewer situation, He adds that the engineer has been contacted to determine if this is feasible. Mr, Friend comes before the Board and explains his land cannot be sold because it will not perculate and his septic tanks have to be cleaned repeatedly. Mr. Myers assures him if it is possible the Board will try to help him with this problem, Mr. Painter states that he received a letter dated July 17, 1975, from the State Water Control Board concerning a meeting to be held on August 11, 1975, which will be to discuss the FY 76 grant application for Proctor's Creek Sewage Treatment Plant. He states that he feels they will inform the County that funds for the plants in FY 76 will be forthcoming, Mr. Painter states that he has received a letter stating that the County should proceed with the engineering contracts for the I/I Studies for Falling Creek and Proctor's Creek. He states that the Engineering Department recommends that the Board aUthorize the engineering contracts for the I/I Studies on Falling Creek by J. K. Timmons and Associates and Proctor's Creek by EcolSciences, Inc. Mr. Apperson inquires what the extent of an I/I Study is and Mr. Painter explains that it is an organized effort to evaluate the amounts of infiltration and inflow according to criteria set forth by E.P.A. He states that if the Board considered changing engineers at this late date, everything would have to begin again. Af- ter considerable discussion, it is on motion of Mr. Myers, seconded by Mr. Apper- son, resolved that the engineering contracts for I/I Studies on Falling Creek be completed by J. K~ Timmons and Associates and on Proctor's Creek be completed by EcolSciences, Inc. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that contract 7032-6C between Bannon and Route 147 be and it hereby is awarded to Stamie E. Lyttle Company who submitted the low bid in the amount of $15,203.30. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr Krepela. Mr. Painter presents the Board with a new financial statement and list of projects on Old Town Creek and Proctor's Creek and states that this is how the Engineering Department has scheduled the timing of construction. The Board generally agrees with the plans of lthe Engineering Department and there are no objections. On motion of Mr, Krepela, seconded by Mr. Myers, it is resolved that the Engi- neering Department be authorized to purchase a trailer to transport the backhoe from Dixie Trailer Manufacturing who submitted the low bid in the amount of $2,390. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Prosise states that the State did some work on Satinwood Road in 1970 but has never taken same into the State System and the Engineering Department has been getting some complaints. After some discussion of the matter, it is generally agreed that this matter be investigated further with the Highway Department, On motion of Mr. Krepela, seconded by Mr, Myers, it is resolved that the Engi- neering Department be and they hereby are authorized to spend an amount not to exceed $1,235.00 to bring Featherstone Road up to State standards. Ayes: Mr. Hornet, Mr. Myers, Mr, Apperson, Mr Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that a portion of Owendale Road be changed to Ashton Creek Road and that Route 1133 be changed to Arrowfietd Road. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. 0 Neitl. It is generally agreed that discussion of changing Route 784 to Buckhorn Road be deferred. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the Engineering Department be and they hereby are authorized to hire a consultant to design a drainage project in the vicinity of Robertson Avenue at a cost of approximately $2,000-$3,000. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. There is a small delegation present to discuss the sewer extension to Aldridge Avenue. Mr. Painter states that there are 27 homes in the area and 20 have signed contracts. He states that the estiamted cost of this project will be $110,000 and will go to the Timsbury Pumping Station. It is stated that Mr. Welchons wrote to the Executor of the Goyne Estate and Judge Murphy states that they will agree to a sewer main across the property if it will be suitable for mobile homes and they will pay their portion when they develop, which cost is estimated to be $60,000. Mr. Painter states that the sewer lines have not bee designed or laid out yet but a tentative plat has been submitted for the mobile home park. He adds that the County Planning Department has approved this tenta- tive plat conditioned upon approval by the Planning Department for a second ac- cess. He states that the County will have to pay for all intially, and states that they would like a definite alignment so that the sewer will not have to be torn up later. Mr. O'Neill states that he feels one other person, the Church, the duplex which owners have not been contacted and some undeveloped lots will connect as well. Mr. Burnett states that this project was not in the Bond Issue. Mr. O'Neill states that he knows this and Mr. Horner adds that some projects will have to be completed even though they were not in the Bond Issue, Mr. Painter inquires which engineer should do the job. Mr. O'Neill states that it should be at the discretion of the County Engineer, Mr. Painter states that under the circum- stances, he feels the Timmons firm should do the work because they were the en- gineers for the subdivision and feels the cost was based on this knowledge. Mr. Apperson voices disagreement with this and raises questions as to the propriety of allowing Timmons to do sewer engineering if he engineered the subdivisions. Upon consideration whereof, it is on motion of Mr, O'Neill, seconded by Mr. Krepela, resolved that the engineering and bids be obtained for the Aldridge Avenue sewer extension and the Board will advise Mr, Painter what to do regard- ing the engineer for this project as soon as possible. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. At the request of Swearingen Realty, it is on motion of Mr. O'Neill, seconded by Mr. Krepela, resolved that a refund for prepaid apartment sewer connections in the amount of $14,000 in Trojan Woods be approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr, O'Neill. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that the En- gineering Department be authorized to advertise for bids for Project S73-33T, Timsbury Collectors, Searcy, etc, which is estimated to cost approximately $510,000 since 70% of the residents have already agreed to connect to County sewer. Ayes: Mr. Horner, Mr~ Myers, Mr. Apperson, Mr Krepela and Mr. ~'Neill. Mr. Fainter states that he has received a letter from Landmark Builders request- ing the County to reserve 53 water and sewer connections for the Ivey Tract. This matter is discussed and it is generally agreed that there is no need to re- serve these connections. Mr. O'Neill states that he feels he may need this for development purposes and it is agreed that Mr. Painter write a suitable letter stating that the connections will be available when the sewer line is installed. On motion of Mr. O'Neill, seconded by Mr. Krepela, resolved that the request from Mrs. FrancEs L. Blankenship for sewer service for a new home on Lot 8, Block D, Riverview Park, Beverley Street, be and it hereby is approved. Ayes: Mr. Homer, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the re- quest of the developer in the Hickory Hill Estates for sewer connections be and it hereby is approved for 10 such connections at this time. Ayes: Mr. Homer, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr Apperson, it is resolved that the County accept the vacation of easements for the following property owners and accepts others in replacement thereof: Charles E. and Alice R. Wynn Pet, Incorporated Joseph E. D. Burkhardt Lillian P. Royal Robert L. and Thelma C. Ayscue Charles S. and Amy L. Harvell Ayes: Mr. Horner, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the fol- lowing budget changes be and they hereby are made: Increase these revenue accounts for State share of the salary increases: 11-000-620.1 11-000-620.2 11-000-620.3 11-000~621.0 11-000-630.0 Commissioner of the Revenue Treasurer Commonwealth Attorney Registrar Juvenile Home $ 3,157.00 4,742.00 3,392.00 498.00 6,432.00 Total Revenue $18,221.00 Decrease Expenditure Account 11-189-999.0 Salary Adjustments by $261,034.00 and increase the various accounts per the attached list filed with the papers of this Board. c Appropriate $3,528.00 from the Unappropriated Surplus of the County Garage Fund (17) to 17-171-104.0 Garage Employees for their salary increases. Ayes: Mr. Horner, Mr, Apperson and Mr. Krepela. Mr. Burnett states that he has received a request from the Planning Director to hire a Planner/Engineer. He states that this position was in the budget and that Mr Ritz has received $10,425 towards this person's salary through the De- partment of Transportation. Mr Homer inquires if this is a full time position and how much money will be received next year towards his salary. Mr, Ritz states that it is a full time position and that there is no guarantee how much money, if any, will be received but that he does intend to apply for funds, Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that the Planning Director be authorized to hire a Planner/ Engineer at a salary of $11,736, Ayes: Mr. Horner, Mr, Apperson and Mr, Krepela, Mr. Burnett states that he has received a request from the Chief of the Fire Department to hire three firefighters for Ettrick, one firefighter for Chester and an Administrative Assistant. He states that all these positions were in the Fire Department's budget for this year. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that Chief Robert Eanes be and he hereby is authorized to hire five additional personnel as re- quested. Ayes: Mr. Horner, Mr. Apperson and Mr Krepela, On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that St~ Anne's renewal application for bingo and/or raffles be and it hereby is approved for a period of one year. Ayes: Mr. Horner, Mr. Apperson and Mr, Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the game claim of Mr. Gordon Paschell in the amount of $25,00 for the destruction of 10 chickens be and it hereby is approved for payment. Ayes: Mr. Horner, Mr. Apperson and Mr. Krepela. Mr. Burnett states that each member of the Board has received copy of the reso.- lution from the Library Baord dated June 18, 1975, Mr. Burnett states that the LOGC Conference will be held in Charlottesville from August 25-27, 1975. It was cited that the Highway Department has formally approved the additions of Routes 653 and 671 and have taken same into the State System of Roads. Mr Burnett states that the County Board of Supervisors has received a letter from the Bethel Baptist Church commending the Board on its action regarding mas- sage parlors, its operators, etc. and same is filed with the papers of this Board, Mr. Ritz introduces Mr, William Steinmetz of the RRPDC who comes before the Board and states that since 1973 transit has been a big concern to the Greater Richmond Transit Company. He states there were some questions whether the Counties should be involved and to what extent, if they were. He states that a consultant, Mr. Donald Hyde of Parsons, Brinckerhoff, Quade and Douglas, New York, did the study for approximately $33,000 and he feels this is one of the better reports done for the RRPDC. There is some discussion of the cost and implementation of this project should the County decide to participate, the amount of risk involved, the amount of federal funds and requirements of same, mileage vs. fare, rate charges, the proj- ects and time span, possibilities for Hopewell and Petersburg, justifying a tran- sit system to Cloverleaf Mall and other congested areas, etc. It is generally agreed by the Board that this matter should be deferred for luther consideration. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board adjourns into Executive Session for lunch to discuss legal problems and a per- sonnel matter. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening. On motion of Mr Apperson, seconded by Mr4 Krepela, it is resolved that the fol- lowing resolution be and it hereby is adopted: WHEREAS, Miss Lucy V. Corr has served the County of Chesterfield and the Commonwealth of Virginia for thirty years as the Director of the Chesterfield- Colonial Heights Department of Social Services; and WHEREAS, her integrity, her d~dication, her professionalism, and her candor have been glowing examples of those characteristics which traditionally have epitomized the truly great public servants in this state; WHEREAS, as a director of public welfare and social services, Miss Lucy Corr has distinguished herself continuously by her progressive approach to her field and has always strived in the face of mounting welfare bureaucracy to retain simplicity, efficiency, and conservatism in her administration of the public welfare laws of this state; and WHEREAS, on the 23rd day of July, 1975, Miss Lucy V. Corr successfully com~ oletes thirty years of exemplary service to this County and the County wishes to express its appreciation for her yeoman-like efforts, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors and all they rep- resent in Chesterfield County that: 1. They do hereby express their heartfelt thanks and deep appreciation for the thirty years of dedicated service completed by Miss Lucy V. Corr; 2. That they express their lasting admiration for her accomplishments in h e r profession; and 3. That they encourage her to continue to labor in the vineyards of her chosen field so that the people of the County of Chesterfield may continue to benefit from the fruits of this labor. Ayes: Mr Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr~ O'Neill. Mr. Burnett reads a letter from Mr. Thomas Bliley, Mayor of the City of Richmond, thanking Chesterfield for its help and cooperation during the recent emergency situation caused by the Little Oil Company Fire on Commerce Road, ~{r, Myers asks the Board for a few minutes to clarify some misunderstanding in the newspapers recently regarding the County Engineer and the firm of J. K. Timmons and Associates. He states that the reporter did take the story right but that the facts could be taken two ways. He states that he had been upset and was trying to sewer Bermuda in the beet manner that he could but that since that time he has had reassurance from Mr. Burnett that money was going into Bermuda District and the problem of sewers in his area was straightening itself out. He states that he would like to retract the statements made and apologize to Mr. Painter and Mr. Timmons. Mr. Myers states that he has received a letter from the Commonwealth's Attorney regarding Mr. William Cox's claim of conflict of interest with his insurance company. He reads the letter which states that he is not in any conflict and that he has done more than was required to keep himself clear of any conflict. He states that this situation was explained to the Board when his term began and adds that anyone on the Board wishing to discuss this further may do so. 75S097 In Midlothian Magisterial District, The Dennis Corporation requests rezoning from Residential (R-7) to Community Business (B-2) of a 2.5 acre parcel (the rear 300 ft.) fronting approximately 300 ft. on Midlothian Turnpike and being located opposite the intersection of Pisgah and Midl0thian Turnpike. T. M, 16-9 (1) 1, 8 & 8-1 (Sheet 7). Mr. Krepela states that he met with Mr. Dennis and he understands the intent of what he is doing. He states that he does not feel anymore service stations are needed in the area but he cannot restrict what can be built in B-2 zoning. He states that he would like a second condition placed on the applicant so that the architect's design and setback be approved by the Planning Staff in conjunction with what Mr. Dennis had stated he would do. Mr. Jim Parkinson states that he is present to answer any questions and inquires if the requirements are for the parcel only that is being zoned today. Mr. Krep- ela states that he is concerned about the area and that is why he a~ded this additional condition. Mr. Dennis states that he does agree to the two conditions, Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that this request for rezoning to Community Business (B-2) be and it hereby is approved subject to the conditions set forth. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill, 75S101 In Bermuda Magisterial District, David A. Long requests a Conditional Use to permit the operation of a Stock Farm (to keep five horses) in a Residential (R-7) District on a 1.16 acre parcel fronting approximately 50 ftp on Richmond Street, and being located approximately 950 ft. southeast of its intersection with Daniels Street, and better known as 12869 Richmond Street. Refer to Chester, Section L, Lot 10 (Sheet 32). Mr. Long comes before the Board and states that he has a petition signed by ap- proximately 110 residents in the area who are not opposed to this conditional use. Mrs. Reid Shook comes before the Board and states that she represents neighbors in the area who are opposed because Mr. Long knew the zoning restric- tions in the neighborhood prior to buying the land on which he now resides and he is now trying to go against the law and it will be setting a precedence in the area for other people to also request such a conditional use for other horses~ Mr. Myers inquires how many horses will be on this property. Mr. Long states there will only be four. A lady in the audience states that people with aller~ gies will be affected by these horses, Mr. Long states that the horses cannot be seen from the road unless people come in his yard and further adds that this re- quest is for approximately five acres and is at the end of the street. Mr. Myers states that this permit can be revoked at any time if Mr. Long does not abide by the restrictions place on this conditional use. Mr. Long states that the word "daily" in condition #6 is a little strong and asks that it be Changed. Mr. Myers agrees and changes the wording to "every other day with the exception of Sunday" and also adds that the number of horses be changed to four in lieu of five as in the orgininal application. Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr Krepela, resolved that this Conditional Use be and it hereby is granted with the changes as noted, Ayes: Mr. Horner, Mr. Myers, Mr, Apperson, Mr. Krepela and Mr. O'Neill. 75S074 In Clover Hill Magisterial District, J. K. Timmons and Associates, Inc, requests rezoning from Agricultural (A) to Residential (R-25) of a 390 acre parcel front- int approximately 4,450 ft. on Spring Run Road and being located approximately 870 ft. west of the intersection of Spring Run Road and Qualla Road. T M. 92, Parcels 11, 14, & 15 (Sheet 29), ' Mr. Brice Powell, representing Chesterfield Land and Timber, comes before the Board and states that the lots range in size from one to three acres and the reason for R-25 zoning is because of the side yard restrictions. He states that the homes will range in price from $39,000 to $45,000 which is in keeping with the area. He states that they have already deeded the land for widening of Qualla Road and there will be five~accesses to this property from Qualla. Upon consideration whereof, it is on motin of Mr. Horner, seconded by Mr. Myers, resolved that this request for rezoning to Residential (R-25) be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S123 In Dale Magisterial District, Landmark Builders, Inc, requests rezoning from Agricultural (A) to Residential (R-7) of a 65.16 acre parcel fronting approxi- mately 475 ft. on Beulah Road and being located approximately 525 ft. north of its intersection with Salem Church Road. T. M. 66-10 (1) parcel 1 (Sheet 22). Mr. Bob Schrum comes before the Board representing Landmark Builders, Inc, and states that he met with the property owner to the north prior to the meeting and this owner would like them to consider putting in an access road to the north so that he might be able to use same when developing his property. Mr. Schrum states that they will consider this in their tentative plat which has not been laid out yet. Mr. Horner inquires why the developer is going with R-7 zoning. Mr. Schrum states because of the side yard requirements, There being no one present to oppose this request, it is on motion of Mr. Apper- son, seconded by Mr. O'Neill, resolved that this request be and it hereby is ap- proved for Residential (R-7) zoning. Ayes: Mr. Horner, Mr. Myers, Mr, Apperson, Mr. Krepela and Mr. O'Neill. 75S125 In Clover Hill Magisterial District, Galley and Wilma Austin request a Condi- tional Use to permit the operation of a Stock Farm (to keep one pony) in a Residential (R-7) District on a .71 acre parcel fronting approximately 110 ft. on Adkins Road, also fronting approximately 280 ft. on Beechwood Drive, and be- ing located in the southwest quadrant of the intersection of the aforementioned roads and better known as 1900 Adkins Road. Refer to Beechwood, Section A, Block B, Lot 1 (Sheet 14). Mrs. Austin comes before the Board to answer any questions they may have. She states that she would like the word "daily" in condition #5 changed. It is generally agreed that the wording should read "as needed". There being no one present to oppose this request, it is on motion of Mr. Horner, seconded by Mr. Myers, resolved that this conditional use be and it hereby is approved subject to the conditions recommended by the Planning Department. Ayes: Mr. Horner, Mr. Myers, Mr, Apperson and Mr. O'Neill. 75S129 In Clover Hill Magisterial District~ Vulcan Materials Company requests a Con- ditional Use to permit the operation of a Concrete Mixing Plant in an Agricul- tural (A) District on a 189 acre parcel fronting approximately 300 ft. on Coal- boro Road and being located approximately 2,700 ft. southwest Of ~the intersec- tion of Coalboro Road and Beach Road. T. M. 108 (1) parcels 28 and 29 (Sheet 28). Mr. Balderson states that the Planning Commission did recommend approval of ~his request subject to the conditions prepared, There being no opposition to this request, it is on motion of Mr. Horner, seconded by Mr. Myers, resolved that this conditional use be and it hereby is approved subject to the conditions recommended b~ the Planning Commission. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Upon the recommendation of Mr. Burnett, it is on motion of Mr. Krepela, seconded by Mr. O'Neill, resolved that the County appropriate $1,500 towards a sound sys- tem to be installed at the County Grandstand which system will total approximately $2,301 and the County Fair Association contributing the remaining cost. Ayes: Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that the Fire Chief, Robert Eanes, be and he hereby is authorized to purchase new equipment and outfit the new pumpers that are being received at this time with the funds received from the sale of old equipment which amount is approximately $10,000. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It is generally agreed that, at the request of the Fire Chiefs Association, the Board meet with this Association on August 20, 1975, at 7:30 p.m. There is some discussion that the Board would like some information concerning this meeting~ if possible. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that Change Order #3 in the amount of $623.36 which is necessitated by the enclosing of the elevator at the Terminal Building be and it hereby is approved. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that he has received a letter from the Beulah Methodist Church requesting the County reserve the Courthouse Grounds for them on July 4, 1976, in celebration of the Country's 200th Birthday and informs the Board what they intend to do. Upon consideration whereof, it is on motion of Mr. Apperson, sec- onded by Mr. O'Neill, resolved that this request be submitted to the Bicentennial Committee and if they have no objections this request is hereby approved. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr, O'Neill. Mr. Glen Beasley, representing the Hening Athletic Association comes before the Board and states that the Association would appreciate any amount the Board could appropriate for transportation of ~the Hening "A's" and the Junior Manchester girls league to Florida. He states that they need approximately $5,000 for these two trips. Mr. Mason inquires if they are a non-profit recreational association. Mr. Beasley states they are and they have 34 girls' leagues with more than 600 girls participating. Upon consideration whereof, it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that this Board appropriate $500 from the Recreational Budget to the Hening Athletic Association and if any difficulty arises in travel funds to Florida, that this Association make it known to this Board. 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 since there is no opposition and since the Ordinance has been adopted on an emergency basis that the following Ordinance be and it hereby is adopted: An Ordinance to amend and reordain Chapter 7, Section 7-15 of the Code of the County of Chesterfield, Virginia, to provide for a prohibition against pro- fane swearing and drunkenness in public and to provide penalties therefor upon conviction of such offenses, and by adding a new section thereto, Section 7-15.1 providing a prohibition against possession or consumption of alcoholic beverages on County parks and recreational areas. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That Chapter 7, Section 7-15, of the'Code of the County of Chesterfield, Virginia, be amended and reordaine~to read~a~s follows: § 7-15 Profan~ Swearing and Drunkenness in Public a. It shall be unlawful-for any person arrived at the age of discretion to profanely curse or swear or get or be drunk in public. b. The term "public", as used in this section, shall have the follow- ing meaning: "Any place, building or conveyance to which the public has or is per- mitted to have access including restaurants, soda fountains, hotel rooms and lobbies and corridors, public and private parks open to the public whether free or otherwise, dance halls whether a charge be made for the use thereof or not, or any like or similar place, and any highway, street, lane, park, or place of public resort or amusement, or any place wherein or whereon the person charged is not authorized to be.~' c. Upon conviction of any offense charged under this section, such persons shall be fined no less than $1 nor more than $25. d. If any person shall be convicted for being drunk in public three times within one year in this state, upon the third or any subsequent convic- tions for such offense within the period of one year, such person shall be punished by imprisonment in jail for no more than six months or by a fine of $50 or by both such fine and imprisonment. 2. That Chapter 7, Section 7-15 of the Code of the County of Chester- field, Virginia, be amended and reordained by adding a new section thereto, Section 7-15.1 reading as follows: ~ 7-15.1 Possession or Consumption of Alcoholic Beverages on County Parks and Recreational Areas It shall be unlawful for any person to have in their possession or con- sume any alcoholic beverage on any County parks or recreational areas. An emergency existing, this Ordinance shall be in full force and effect immediately upon passage as provided by law. 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 since there is no opposition and since the Ordinance has been adopted on an emergency basis that the following Ordinance be and it hereby is adopted: An Ordinance to amend and reordain Chapter 6, Article 5, §6-118 of the Code of the County of Chesterfield, Virginia, providing for a prohibition against parking in certain places on public property and by adding thereto new sections-- Sections 6-118.1 through 6-118.7--providing for a prohibition against parking on certain privately owned parking lots within the County and further providing for imposition of fines for illegal parking, notice to owner, establishing pro- cedure for issuance of warrants, establishing maximum speed limit on public and private parking lots, to amend §6-130 establishing procedure for disposition and removal of unattended vehicles found unlawfully parked, and providing for dis- position of fines imposed or forfeitures collected for such violations, and amending §6-132 providing penalties for violation of the provisions of Article 5. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That Chapter 6, Article 5, Section 6-118 of the Code of the County of Chesterfield, Virginia, be amended and reordained to read as follows: §6-118 Parking Prohibited on Public Property in Specified Places It shall be unlawful to park a vehicle on public property in any of the following places: 1. On a sidewalk. 2. In front of a public or private driveway. 3. Within an intersection. Within 15 feet of a fire hydrant or in any way obstructing such fire hydrant. Within 15 feet of a fire hydrant when such hydrant is located on private property. 6. On a crosswalkl 7. Within 20 feet of a crosswalk at an intersection. 10. 11. 12. 13. Within 30 feet upon the approach to any flashing beacon, stop sign, traffic control signal, or sign located at the side of a roadway. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by official signs or markings. Within 50 feet of the nearest rail of a railroad grade crossing. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when posted. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. On the roadway side of any vehicle parked at the edge of a curb or street. 14. Upon any bridge or other elevated structure or within a tunnel. At any place where official signs prohibit parking. More than 18 inches from the curb in areas where parking is per- mitted. 17. Within any established fire lane. 18. To park in a permitted parking space for any period of time over the posted time limit for such parking space. 2. That Chapter 6, Article 5, Section 6-118 of the Code of the County of Chesterfield, Virginia, be amended and reordained providing new sections thereto-- Sections 6-118.1 through 6-118.7 to read as follows: §6-118.1 Parking Prohibited in Certian Private Lots in Specified Places It shall be unlawful to park any motor vehicle upon private parking lots in the County open to the public and designed to accommodate fifty (50) or more vehicles in any of the following places: 1. On a sidewalk. 2~ In front of a public or private driveway. 3. Within an intersection. 4. Within fifteen feet of a fire hydrant or in any Way obstructing such fire hydrant. 5. On a crosswalk. 6. Within twenty feet of a crosswalk at an intersection. Within thirty feet upon the approach to any flashing beacon~ stop sign, or traffic control signal located at the side of a roadway. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. Alongside or opposite~any street excavation or obstruction when such parking would obstruct traffic. §6-118.2 10. On the roadway side of any vehicle parked at the edge or curb of a street. 11. At any place where official signs prohibit parking. 12. In designated travel lanes established for such parking lots. 13. Within any established fire lane. Moving Unlawfully Parked Vehicle It shall be unlawful for any person other than a police officer to move a vehicle into any such prohibited area or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change or move the levers, brake, starting device, gears, or other mechan- ism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so. §6-118.3 Fine for Failure or Neglect to Comply with Sections 6-118 and 6-i18.1 It shall be unlawful for any person to violate or refuse, fail, or neglect to comply with the provisions of §6-118 or §6-118.1. Every person found to be in violation of any provisions of these sections shall be subject to a fine of Five Dollars ($5) payable Within five (5) days of the receipt of notice of such violation. §6-118.4 Presumption Where Vehicle Illegally Parked In any prosecution charging a violation of any parking regulation con- tained in Sections 6-118 or 6-118.1 proof that the vehicle described in the com- plaint, summons, parking ticket citation, or warrant was parked in violation of such regulation, together with proff that the defendant was at the time of such parking the registered owner of the vehicle, as required by Chapter 3 of Title 46.1-41 et seq., of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which such viola- tion occurred. §6-118.5 Notice of Violation; Conditions Precedent to Issuance of Warran~ Before any warrant or summons shall be issued for the prosecution of a violation of Section 6-118 or 6-118.1, the violator shall have been first noti- fied by mail at his last know address or at the address shown for such violator on the records of the Division of Motor Vehicles that he any pay the fine pro- vided by Section 6-118,3 for such violation within five days of the receipt of such notice, and the officer issuing such warrnat shall be notified that the vio- lator has failed to pay such fine within such time. The notice to the violator shall be contained in an envelope bearing the words "Law Enforcement Notice" stamped or printed on the face thereof in type at least one half inch in height. §6-118.6 Maximum Speed Limit in Public and Private Parking Lot~ Unless otherwise posted, the maximum speed limit in all public parking lots or private lots in the County open to the public shall be fifteen (15) miles per hour. §6-118.7 ~isposition of Fines and Forfeitures Ail fines or forfeitures collected upon conviction or upon a forfeiture of bail of any person charged with a violation of any of the provisions of Sec- tion 6-118 or Section 6-118.1. All fines collected shall be paid to the Treas- urer and deposited in the County general fund. 3. That Chapter 6, Article 5, Section 6-130 of the Code of the County of Chesterfield, be amended and reordained to read as follows: §6-130 Removal and Disposition of Unattended, Abandoned~ or Immobile Vehicle~ a. Whenever any motor vehicle is found on the public streets or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such a manner as to be in violation of law, or whenever any motor vehicle is left unattended for more than 10 days upon any public property ~or privately owned property other than the property of the owner of such motor ve- hicle within the Counny or is abandoned on such public property or privately owned property with the permission of the owner, lessee, or occupant thereof, any such motor vehicle may be removed for safe keeping by or under the direction of a police officer to a storage garage or other area; provided, however, that no such vehicle shall be so removed from privately owned property without the written request of the owner, lessee, or occupant thereof. Any person requesting the removal of such motor vehicle from privately owned property shall indemnify the County against any loss or expense incurred by reason of the removal, storage, or sale thereof. For purposes of carrying out the provisions of this section, it shall be presumed that such motor vehicle or part thereof is abandoned if (1) It lacks either: (a) a current license plate or (b) a current County sticker or (c) a valid state in- spection certificate or sticker~ and (2) it has been in a specific location for 10 days without being moved. Each removal shall be reported immediately to the Chief of Police who shall give notice thereof to the owner of the motor vehicle as promptly as possible. The owner of such vehicle, before obtaining possession thereof, shall pay to the County all reasonable costs incidental to the removal, storage, and locating the owner of the motor vehicle. The cost for removal shall be $20 for vehicles having unlocked steering and $25 for vehicles having locked steering. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made and after,rice to him at his last known address and to the holder of any lien or record in the office of the Division of Motor Vehicles in Virginia against the motor vehiclE, the Chief of Police may, after holding the motor vehicle 60 days and after due notice of sale, dispose of the same at public sale and the proceeds from the sale be forwarded by the selling officer to the Treasurer of the County, provided that if the value of such motor vehicle be determined by three disinterested dealers or garagemen to be less than $50 which would be incurred by such advertising in public sale, it may be disposed of by private sale or junked. The Treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to owner, and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership~ b. If no claim has been made by the owner for the proceeds of such sale after the payment of the above mentioned cost of $50, the costs may be deposited to the general fund or any special fund of the County as may be directed by the governing body. Any such owner shall be entitled to apply to the County within three years from the date of such sale and if timely application is made therefor, the Treasurer shall pay the same to the owner without interest or other charges. No claim shall be made nor shall any suit, action, or proceeding be instituted for the recovery of such funds after three years from the date of such sale. 4. That Chapner 6, Article 5, Section 6-132 of the Code of the County of Chesterfield, be amended and reordained to read as follows: §6-132 Penalties for Violation of the Provisions of Article 5 Unless otherwise provided in this Article, any person violating any of the provisions of this Article shall, upon conviction thereof be punished in ac- cordance with Section 6-33. ' Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill, It is generally agreed that there should be a meeting of Mr. Burnett, Mr. O'Neill, Mr. Moore, Mr. Pittman, Mr. Mason, Mr. Jack Williams and a clerk from the Courts to designate someone who would be responsible for the collection and implementa- tion of the tickets. Mr. Krepela states that he has talked with Mr. Covington of the State Highway Department and they do not feel it is necessary that the County reserve any rights- of-way for any proposed routes that may be planned. It is generally agreed by the Board that they should meet with the Highway Department and discuss the negative attitude that the Highway Department is developing, Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. O'Neill, resolved that the County Administrator be requested to ascertain the rationale of the Highway Department toward obtaining Rt. 288 rights-of-way. Ayes~ Mr. Myers, Mr. Krepela and Mr, O'Neill. Mr. Burnett states that the Building Inspector has received a request for refund of a building permit and that Mr. McBride recommends that the County policy be that 75% in such cases be refunded and 25% withheld because of the work that is done in the Building Inspector's Office. Upon consideration whereof, it is on motion of Mr. O'Neill~ seconded by Mr. Krepela, resolved that it be the County's policy that 75% of the building fee be refunded if a building permit has been applied for and refund is requested. Ayes: Mr. Hornet, Mr. Myers, Mr. Krepela and Mr, O'Neill. Mr. Burnett states that the County Seal has been the point of a lot of criticism and jokes. He states that a commercial artist could be hired for approximately $300 to submit a few alternatives. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that the County hire a commercial artist to submit pro- posals for a new County Seal. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that the Counties of Henrico and Fairfax, the City of Virginia Beach, etc. have added the Fire Department to the Retirement Plan of the Police Department. He adds that Mr. Condrey looked at these benefits, etc. and it will increase the payroll by .1% or .2%. Upon consideration whereof~ it is on motion of Mr. O'Neill, seconded by Mr. Myers resolved that the following resolution be and it hereby is adopted: Be it hereby resolved that Chesterfield County, Virginia, currently parti- cipating in the Virginia Supplemental Retirement System under the provisions of Title 51, Chapter 3.2, Article 4, of the Code of Virginia, acting by and through the Board of Supervisors, does hereby elect to have those of its employees who are members of the Virginia Supplemental Retirement System and who are employed in positions as full time salaried firemen to become eligible, effective September 1, 1975, and to be provided benefits equivalent to those provided for State police officers of the Department of State Police, as set out in Section 51-111.37 of the Code of Virginia, in lieu of the benefits that would otherwise be provided, as such section has been or may be amended from time to time; and said County agrees to pay the employer cost for providing such employees such benefits. Now, therefore, Irvin G. Homer, Chairman of the Board of Supervisors of Chesterfield County, and M. W. Burnett, Clerk, are hereby authorized and directed in the name of the County, to execute any required contract in order that the above described employees of the County may become entitled to retirement benefits equivalent to those provided for State police officers of the Department of State Police. In execution of any contract which may be required, the seal of the County shall be affixed and attested by the Clerk; and said officers of the County are hereby authorized and directed to do any other thing, or things, incident and neces- sary to the lawful conclusion of this matter. The Treasurer of the County be and is hereby authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the County and its employees for this purpose. Ayes: Mr. Hornet, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that the land at the County Industrial Park is not selling as expected because there is no advertisement or work done on this project. He states that he would like to suggest that the County pay real estate commissions of 7% of land sales at the Industrial Park to any real estate salesman selling property. Mr. Ritz suggests that this is limited to approximately 60-90 days until the land starts selling. Upon consideration whereof, it is on motion of Mr. Krepela, sec- onded by Mr. Myers, resolved that the County offer 7% commission to any real es- tate salesman selling land at the County Industrial Park. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the Engineer- ing Department be and they hereby are authorized to employ two plant operators for the Proctor's Sewage Treatment Plant which positions are in the Engineering Budget for FY 75-76. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that Mr. E. Merlin O'Neill, a member of the County Planning Commission, Mr. J. Ruffin Apperson, a member of the Chesterfield County Board of Supervisors, Mr. Leo Myers, a member of the Chesterfield County Board of Supervisors and Mr. A. J. Krepela, a member of the Chesterfield County Board of Supervisors be and they hereby are appointed to serve on the Richmond Regional Planning District Commission. It is understood that Mr. Horner will appoint a citizen representative from Clover Hill District and all terms are for a period of six months, Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that Mr. M. W. Burnett, Mr. C. G. Manuel, Mr. Lee O. Falwell and Mr. Michael Ritz be and they hereby are appointed as alternates for the members previously appointed to the Richmond Regional Planning District Commission. Ayes: Mr. Horner~ Mr. Myers~ Mr~ KrepetA, and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Horner, it is resolved that Mr. Burt Howard be and he hereby is appointed to the Citizen Task Force of the Transporta- tion Committee of the Richmond Regional Planning District Commission. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Robert Wray appears before the Board to discuss the leasing of the space at the Airport Terminal Building for a restaurant~ He states that he and his partner, Mr. Norman Brewster, will spend approximately $25,000 in carpet, drapes, decor, partitioning~ flatware, dishes, pots and pans, etc. Mr. Burnett states that the County will furnish the tables and chairs, cabinets and major kitchen equipment which will cost approximately $11,000. Mr. Wray points out that he wants no have a first class restaurant serving lunches beginning at 11:00 a,m. and dinners con- tinuing through 10:00 p.m. and that he intends to have banquet facilities at some future date in the basement. After some discussion of this matter, it is on motion of Mr, Krepela, seconded by Mr. Myers, resolved that a contract embodying the list of conditions presented and signed with Mr. Wray and Mr. Brewster, that the sum of $11,000 be appropriated from the Unappropriated Surplus of the General Fund no the Airport Construction Account and that if the restaurant is productive in the initial stages that the County would consider further renovations for the basement for banquet facilities. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr Myers, seconded by Mr Krepela, it is resolved that the County sell the School Bonds and Library Bonds early in September, 1975. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Krepela states that he would like to clear the air with regard to Mr. J. K. Timmons. He proposes the following resolution: Whereas, there is no factual information proving conflict of interest be- tween J. K. Timmons and Associates and the County of Chesterfield relative to con- sulting services; and Whereas, it is the Board of Supervisors duty to instruct our Utility Depart- ment as to who our consultants should be and the area of their operations. We, therefore, exonorate J. K. Timmons and Associates from any assumed conflict of interset in the fulfillment of their services no the County of Chesterfield. After considerable discussion of this manner, it is generally agreed that this matter should be deferred until the entire Board is present to discuss same. It is further agreed that Mr Burnett, the County Attorney and the Commonwealth's Attorney have a meeting to set corporate guidelines by which engineering services are obtained. Reconvening: 75S126 In Clover Hill Magisterial District, Howard E. Miller, requests a Conditional Use to permit the construction of a two family dwelling in a Residential (R-15) Dis- trict on a 1.30 acre parcel fronting approximately 190 ft. on Deerpark Drive, also fronting approximately 300 ft. on Morley. Road, and being located in the northeast guadrant of the intersection of the aforementioned roads. Refer to Clover Hill Farms, Section F, Block H, lot 25 (Sheet 20). Mr. Miller comes before the Board and states he received approval of his building plans by the Clover Hill Civic Association in 1973. He states that they have never notified him of any objection to this house or his parents moving in. He states that some of the neighbors went into his home while under construction and came to the conclusion that this was a duplex He states that the construction Of the home was delayed because the Zoning Inspector said he needed a conditional use in order to allow a dwelling of this type in the area. He states that he had inten- ded to put in two separate electrical boxes for the home but that it was too expen- sive and did not. He states that the neighbors are complaining about the two kitchens in the home but states than there is nothing in the building code that says a house has to have jus. t one. He states that the code defines one family as being blood relatives living in the same dwelling unit and that is what they are. Mr. Horner inquires if the home is jointly owned. Mr. Miller states that the home is in his brother's name only. Mr. Homer asks for the specifications and after inspecting same states that he feels these were meant no be misleading. Mr. Miller states that there were no major changes and that everyone involved knew what was intended. He states that he has had numerous inspections and they have passed and inquires how could he be wrong. Mr. Miller states that a duplex has two separate units completely, a fire- wall, separate electrical service, separate water and meters, separate sewer sys- tems and is a profitable situation and he could not build his home at this time to meet these specifications. Mr. Ralph Buxton comes before the Board and states the definition of a family, quesitons the zoning laws and their purpose, the precedence that will be set if a duplex is allowed in the area; he states that the people are not opposed to the family living together but the structure, that the intent was for a duplex as shown by the dual electrical systems, ere, Mr. J. B. Vass comes before the Board and states that the Civic Association which approved Mr. Miller's home in 1973 consisted of two families and they also dis- solved this partnership. He states that it was Mr. Miller's intent to make this dwelling into a duplex. Mr. O'Neill states that homes with two kitchens are rec- ognized as single family dwellings and that the opposition of the residents in the area is~based on supposition of what.might happen later which is unwarranted. Mr. Horner asks Mr. McBride if this is a single family dwelling. Mr. McBride states that it is. Mr. Sims states that the County Planner stated that it was a duplex at the Planning Commission meeting, He states he feels the County should agree on one code which could not be interpreted two different ways. Mr. Mason states that it is his opinion that this is a single family dwelling and that those complaining are anticipating a violation. He states the Miller's could continue on with this construction in all legal aspects but if they were to rent this build- ing they would be going against the zoning code and a warrant would be issued. Mr. Burnett, in defense of Mr. Ritz, states that for years two kitchens had been the criteria for a two family house and that since the new building code has been in existence the policy has not been changed. After some further debate, it is on motion of Mr. Horner, seconded by Mr. Myers, resolved that the County Attorney be requested to prepare a proposed ordinance change on the definitions in the Zoning Ordinance in an effort to keep such an event as this from again occurring. Ayes: Mr. Hornet, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, Seconded by Mr. O'Neill, it is resolved that the request of Mr. Miller be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr, Krepela and Mr. O'Neill. It is here noted that Mr. Miller and Mr. Buxton concurs with the motion. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that since the Highway Department is putting in entrance culverts in the Central Park Subdivision, and since Mrs. Bottoms cannot afford a new driveway, that the Highway Department be requested to put in this culvert and charge same to the County's 3¢ Road Runds. Ayes: Mr. Horner, Mr. Myers, Mr~ Krepela and Mr. O'Neill. Mr. Johnny Poarch comes before the Board citing the fact that his daughter fell through the ceiling at the Jean Shop in Cloverleaf Mall, that this Shop had been storing will-call items on a flimsy ceiling and that his daughter, an employee of the Shop, had fallen through the ceiling and was seriously injured. Mr. Poarch asks that the Building Inspector and Fire Inspector check this building for any possible violations of the Code. It was generally agreed that the County would assisn Mr. Poarch in this regard. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that this Board adjourns at 8:00 p.m. to 4:00 p.m. on July 28, 1975. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill, On motion of Mr. Horner, seconded by Mr~ Krepela, it is resolved that the Highway Department be and they hereby are requested to accept the roads in the following subdivisions into the State System of Roads: WEDGEWOOD, SECTION 3 Abingdon Road Beginning at its intersection with Lucks Lane southerly 0.15 mile to its intersection with Abingdon Circle, thence southerly 0.04 mile to Pennway Drive thence southerly 0.08 mile to Abingdon Court thence southerly 0.09 mile to a temporary turnaround. 0.36 mile Abingdon Circle Beginning at its intersection with Abingdon Road westerly 0.05 mile to a cul-de-sac. 0.05 mile P ennwav Dr ive Beginning at its intersection with Abingdon Road westerly 0.09 mile to state maintenance, Pennway Drive easterly 0.04 mile to a dead end. O. 13 mile Abingdon Court Beginning at its intersection with Pennway Drive westerly 0.05 miles to a cul-de-sac. 0.05 mile QUALLA FARMS, SECTIONS B & D Family Lane Beginning at its intersection with Qualla Road easterly 0.06 mile in Section B and east of that point 0.10 mile to a cul-de-sac. SURREYWOOD NORTH~ SECTION B Dulles Drive 0.16 mile Beginning at its intersection with Route 733 (Pocoshock Boulevard) westerly 0.06 mile to its intersection with Dulles Court thence westerly 0.08 mile to its inter- section with Rayenne Drive thence westerly 0.02 mile to a dead end. Dulles Court 0.16 mile Beginning at its intersection with Dulles Drive 0.09 mile to a cul-de-sac. Rayenne Drive Beginning at its intersection with Dulles Drive northerly 0.05 mile to a cul-de-sac; Rayenne Drive southerly 0.28 mile to its intersection with Turn- mill Drive. Turnmill Drive 0.09 mile 0.33 mile Beginning at its intersection with Rayenne Drive northerly 0.01 mile to a dead end; Turnmill Drive southerly 0.07 mile to its intersection with Turnmill Court thence southerly 0.03 mile to state maintenance. Turnmill Court 0.11 mile Beginning at its intersection with Turnmill Drive easterly 0.05 mile to a cul-de-sac. LAKE GENITO, SECTIONS B, C & D Davelayne Road Beginning at its intersection with Clintwood Road northwesterly 0.06 mile to a temporary turnaround; Davelayne Road from its intersection with Clintwood Road southeasterly 0.07 mile to a temporary turnaround. Dumaine Drive 0.05 mile 0.13 mile Beginning at a point on Dumaine 0.02 mile east of its intersection of Clintwood Road and Dumaine easterly 0.04 mile to its intersection with Kellynn thence easterly 0.13 mile to its intersection with Ionis Lane 0.03 mile to a temporary turnaround. ~ellynn Drive Beginning at its intersection with Elshur Road northerly 0.07 mile to its intersection with Dumaine Drive. SURREYWOOD, SECTIONS E & F 0.22 mil. e 0.07 mile Marwood Drive beginning at its intersection with Elmart Lane easterly 0.03 mile to state maintenance; Marwood Drive, beginning at its intersection with Elmart Lane westerly 0.07 mile to a cul-de-sac. Elm~rt Lane - beginning at its intersection with Marwood Drive southwesterly 0.13 mile to Elmart Court, thence southwesterly 0.07 mile to Chainmale Road thence south- westerly 0.11 mile to Williamstowne Drive. 0.31 mile Surreywood Drive beginning at its intersection with Wllllamstowne Drive northeasterly 0.13 mile to its in- terseztion with Chainmale Road thence northeasterly 0.03 mile to state maintenance. 0.16 mile Chainmale Road- beginning at its intersection with Surrey- wood Drmve northwesterly 0.09 mile to its intersection with Elmart Lane. 0.09 mile Elmart Court beginning at its intersection with Elmart Lane easterly 0.12 mile to a cul-de-sac. 0.12 mile Williamstowne Drive - b~ginning at its intersection with Elmart Lane O.O1 mile westerly to a dead end; beginning at its intersection with Elmart Lane. easterly 0.07 mile to its intersection with Surreywood Drive, thence easterly 0.03 mile to state maintenance. 0.11 mile ~Elmart Lane beginning at its intersectio~with~ Marw~od,~ il~/~/r. fly 0~3 ~lle /~tate maintenance. ~i ~ · · lrV~i ~J~'.'~drn~r,/i~a~rman 0.10 Bile