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05-23-68 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on May 23, 1968 at 2:00 P.M. Present: Mr. Irvin G. Horner, Chairman Mr. H. O. Browning, Vice-Chr. Mr. J. Ruffin Apperson Mr. F. F. Dietsch Mr. A. R. Martin Mr. C. J. Purdy Mr. R. Lee Gordon, Comm. Atty. Mr. Morris Mason, Asst. Comm. Atty. Mr. Robt. A. Painter, Co. Eng. Mr. Howard A. Mayo, Co. Planner Mr. M. W. Burnett, Exec. Sec'y. Mr. John E. Longmire, Asst. Exec. Sec'y. On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that the minutes May 8, 1968 be and they hereby are approved. This day and hour is the time set for public discussion on the proposed Capital Region Park Authority Ordinance. Mrs. John Dorsett, representing the Bon Air Woman's Club speaks in favor of the adoption of this ordinance. Mr. Thomas Winston, Attorney, speaks in favor of the Ordinance. Mr. Richard Robertson, Executive Director of the Richmond Regional Planning Commis. sion states that Richmond and Henrico have withdrawn the ordinances originally pro- posed so that Chesterfield County be a part of this park program and asked for unanimous support. Mrs. Jerry Finch asked for unanimous support and states that she is shocked at the lack of parks in the area. Mr. Zane Davis, Vice-President of the Richmond Regional Planning Commission urges caution in procedure ~ut heartily recommends the County's cooperation in this pro- gram and states that the localities would have to pay only 20¢ of each dollar spent and Chesterfield would pay only 5¢ since it is one-fourth of the total population, i Mrs. Thomas G. Harper, representing the Woman's Club of Bon Air, states that we' cannot afford not to join in this progra~ Mr. Jerry Jewett states that he realizes his minority status at this time but thisl issue is most important; the issue being can the Board of Supervisors govern the County or must it resort to an Authority. He cites the Richmond-Petersburg Turnpik Authority and the Richmond Metropolitan Authority and states that local governments have given much of their power to these Authorities, that Authorities do things that Supervisors backed by citizens would not think of doing, that the citizens c~ talk to a Board but not to an Authority and pleads finally that we do not need another level of government. Mr. J. K. Timmons states that the best thing the County has ever done was not to create a Sewer Authority, that Chesterfield is not operating 1000% better than other governments in the area as far as utilities are concerned, that the best government is still the one closest to the citizens. He states further that the Board of Supervisors can do more for parks than any authority, that most County people pay taxes to Richmond by way of licenses and sales tax and other fees, why shouldn't County people use the City's parks. He suggested that people provide their own recreational areas in some instances and that school yards could be used as playgrounds. Pocahontas and other parks be used for camping and other recreati~ but in no event to rely on the Federal Government to provide the money or controlsI to set up a Park System. ~ Col. Hancock Reid states that the County should not turn over any of its rights to others and that he has great confidence in the Board of Supervisors. Mr. N. W. Morris, Bon Air, is impressed with the progress of the County without the service of authorities, that land should be reserved for park areas, that the City does not need to come out in the County since it is going to develop those islands in the James River, and that the County should develop its own park system under the jurisdiction of the governing body. Mr. Richard Robertson states that Richmond would not operate the Park Authority, that the state Highway Department did not relinquish its rights to the Richmond- Petersburg Toll Road Authority, particularly, in the location of Rte. 64, that the Board woUld not relinquish its authority in the County in that it can veto any pro~ ject of the Park Authority withSn the County. Mr. Zane Davis states that the County should proceed to take care of its responsi- bilities before some other level of government takes over our responsibilities. Upon further consideration by the Board, Mr. Dietsch makes the following motion, which was seconded by Mr. Apperson: Be it resolved that the Ordinance concerning the establishment of the Capital Regi¢ Park Authority, pursuant to the Virginia Park Authority's Act, be, and it hereby is adopted. Whereupon, Mr. Martin offers a privileged motion, which was seconded by Mr. Brown- ing: That the Park Authority Ordfnance be deferred so that further efforts could be made to search out the truth. A vote being taken on the privileged motion - Yeas - Mr. Martin, Mr. Browning and Mr. Horner Nays - Mr. Apperson, Mr. Dietsch and Mr. Purdy. Whereupon Mr. Martin withdraws his privileged motion and the original motion was again discussed. Mr. Apperson states that the Federal and State authority controls come into being when localities do not function. That it is not easy to find a place for Scout meetings, that this is an opportunity to cooperate, that private capital will be limited with the 50¢ tax increase which will result in limited land being given to the County for park purposes. Mr. Martin states that he has not found it difficult to find a place for Scout meetings, that there is plenty of areas not now being used. Mr. Dietsch ~tates that there have been cases in which the owners have denied the use of land for scouting purposes, that he ia appalled at the limited areas avail- able for such use. The Commonwealth's Attorney is rec~ested to contact the County's Tie-breaker, Mr. C. Denny White, and 2:00 P.M. on June 27, 1968, be the time and date set for a public hearing before the Tie-breaker on T~his matter. On motion o~ ~Lr. Apperson, seconded by Mr. Purdy, it is resolved that the Treasure rec~est to the Compensation Board for expenses during the fiscal year 1968-'69 be and it h~reby is received. The board was officially notified that the following roads have been accepted into the State Secondary System of Meadowbrook West Subdivision: Melody Road South - from a point on Route 637, 0.08 mile east of Route 2339 and running ~orth 0.08 mile to Carafe Drive 0.08 Mi. Carafe Drive - from a point on Melody Road south 0.08 mile from Route 637 and running east 0.15 mile to ~ turn-around and from same point west and ~outh 0.2~ mile to Route 2339 0.40" Vauxhall Road - from a point oD Route 637, 0.29 mile east and north of Melody Road SOUth and running we~t 0.24 mile to Melody Road South then west 0.20 mile to existing Rt. 2360 0.44" Forest ~len SubdivisionI Section 2: Tranor Road - from a point on Route 691, 0.16 mile southwest of Route 867 and running no~/~west 0.25 mile tO Route 746 0.25 On motion of Mr. Apperson, seconded by Mr. Diet,eh, it is resolved that the follow ing erroneous t~x claims be and they hereby are approved for payment: General Supply Leasing Co. 1968 Co. motor vehicle Genuine Parts Co. NAPA Warehouse Division Delbert R. Taylor Union Oil CO. of California Pure Oil Company license plate for truck 1968 Co. Motor vehicle license plate for auto 1967 Per. Property 1968 Co. motor vehicle license plate $ 13.50 On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Board requests the Mighway Department to improve the roads in the Coxendale Subdivision as outlined in a letter dated March 8, 196~, to the Board of Supervisors from the Mighway Department and charge same to the 3¢ Road Fund of the County. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the request Of the Willow Oaks Country Club for a pyrotechnic display on July 4, 1968, be and it hereby la granted. Mr. George Farley again comes before the Board on behal£ o£ the citizens of the Black ~ea~h Subdivision in regard to their recfuese to close Rilrenny Road, and re- quested that Kilrenny Road be closed temporarily and if so the citizens in the are Mr. J. K. Timmons states that he is neutral since he owns a subdivision adjacent to it. It was further cited that the present construction of the road would deter iorate if the road were blocked for a long period o£ time and the County could not l~gally block a d~dicated public right of way without ah~ndonin~ same properly. Mr. Martin states that he sympa~izes a great deal with the people in the ar~a and wishes that he could work out ~ome way to accomplish their aims. However, upon resolved that Kilrenny Road remain open at this time. 68-36 & 37. Mr. J. W. Keith again comes before the Board seeking the rezoning from Residential Agricultural to Residential-1 on a parcel of land of irregular shape fr~nting 1385 feet, more orless, on Rte. 711 and extending southwestwardly 2600 feet, more or less, to the Southern Railroad right of way and being 1200 feet, more or le'ss nort] west of Rte. 147. Refer to Sec. 8-16 pt. par. 1. In Midlothian Magisterial District, J. W. Keith requests the rezoning from Resi- dential-Agricultural to Local Business (C-i) on a parcel of land of irregular shap~ fronting 100 feet, more or less, on Rte. 711 and extending southwestwardly 1150 feet to the Southern Railroad right of way and being 1100 feet northwest of Rte. 147. Refer to Sec. 8-16 pt. par. 1, both of which cases were deferred from May 8, 1968. Mr. Keith states that he does not want to re-argue the case in its entirety and is willing to restrict the use of the area sought to be zoned to a plan drawn by J.K. Timmons. Mr. Fred Gray, Attorney for the opposition, explains that the new plat shows 20,00( square feet minimum with 120 ft. frontage at the building line and states that the living area in each house will be at least 2000 ~eet. He agreed that Mr. Keith can restrict the land adequately and states that the business use c~n be done on a Use Permit. Whereupon, Mr. Keith states that he can restrict the use of the Club land to the same as that of the residential land in the event the club is not built, that he will not accept a Use Permit because in his opinion same is invalid. Mr. Gray states that there are other recreational clubs currently operating under a Use Permit and to avoid the issue at this time, may raise questions as to the legality of their operations. Mr. Lee Gordon, Commonwealth's Attorney, states that the Use Permit procedure is entirely legal. Mr. Jo J. Jewett states that restrictive covenants could be rescinded by the parti~ to same, that the rights of creditors should be considered in the matter, that the restrictions will not benefit adjacent property owners and that said restrictions will terminate on a stated date. There are some 65 people present to protest the requested zoning. Mr. Timmons states that the people in the area want the recreational club to be built and most of them agree that certainly a Variance could be given to accomplisl the aims of the developer in the residential subdivision and yet keep the R-A zoning intact. Mr. Keith states he will not accept a Variance for a residential development and he will not accept a Use Permit for the recreational use, He states further that the Board can rezone the land back to R-A if he does not live up to his agreement. Mr. Jewet states that once substantial improvements have been made that the Board could not zone back to its original zoning and that the control of the property should be under the Board of Supervisors. After much consideration, Mr. Keith finally agrees to accept a Use Permit. On motion of Mr. Martin, seconded by Mr. Browning, it is resolved that this Board grant a Use Permit for the operation of a private recreational club on the afore- described parcel of land. It was pointed out that the Board of Supervisors cbuld not give a Variance from the zoning requirements, that this would have to be granted by the Board of Zoning Appeals. After much consideration of the problems of zoning the land to be developed in re- sidential sites, it is on motion of Mr. Martin, seconded by Mr. Browning, resolved that the aforedescribed parcel be rezoned to Residential-1 with the understanding that Mr. Keith will follow the plan presented and covenant to restrict the use of the lots in accordance with this plan. It is here noted that Mr. Dietsch votes No. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this Boar~ grants a Variance from the Subdivision Ordinance to Mr~ ·S. F. Sneed to allow the construction of a dwelling on a parcel of land between the end of Concho Road and Kingsland Creek. This day Mr. John Bates comes before the Board presenting an agreement between the County of Chesterfield and Mr. Morton M. Zedd, with the request that the County vacate two drainage easements 10' wide dedicated across and under a portion of Elk. hardt Home Sites and particularly vacate that portion of the two easements located on his property and states that the drainage as relocated has been approved by the Engineering Department. Upon consideration of this agreement and the accompanying plats filed with the Board's papers, it is on motion of Mr. Dietsch, seconded by Mr. Apperson, resolved that this agreement be approved and the Chairman and Clerk be and theyhereby are authorized to sign said agreement. There was read a request from the School Board for an addition to the 1968-'69 school budget in the amount of $40,000, of which the Vocational-Rehabilitation De- partment of the State will return to the County$30,000. Upon consideration whereo~ and on motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the amount of the School budget be increased $30,000 and if the School Board could arrange to pay the extra $10,000 from other funds, the Board would consider~ this at a later date. It is here noted that Mr. Browning does not vote. There was read a resolution from the School Board requesting the sum of $4743.00 for the purpose of paying to Central Accounting the cost of preparing and maintain lng payroll records for the School Board. Upon consideration whereof, and on motion of Mr. Purdy, seconded by Mr. Browning, it is resolved that this request be and it hereby is denied. There was discussed the matter of a change in policies of design criteria for sub- division roads and it was pointed out that under the recommended pavement design for secondary road construction revised April 24, 1967, that some subdivision road~ would be constructed at interstate standards. Upon consideration whereof and on motion of Mr. Apperson, seconded by Mr. Purdy, i is resolved that this Board will discuss this matter with the officials of the Department of Highways. Mrs. Gentry from the Reams Road area, comes again before the Board requesting the recommendations of the Engineering Department concerning the installation of water mains to the Reams Road-Adkins Road area and Mr. Painter, County Engineer, recom- mends that the water line be installed if the fifty-four who signed the petition pay $15.00 down and at least $15.00 per month. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Purdy, it is resolved that the recommendation of the County Engineer be and it hereby is accepted and the project authorized subject to the receipt of the fifty-four con- tracts for the purchase of water meters. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the follo ing water contracts be and they hereby are approved: AC-481 - 360 West Shopping Center $6,800.00 AC-482 - Mayfair Estates, Sect. "A" 28,623.00 A-538A - Meadowbrook Country Club 1,542.20 A-484 - Walmsley Blvd. Duplex Apts. 5,610.05 On motinn of Mr. Martin, seconded by Mr. Dietsch, it is resolved that the offer made by Mr. Sanford for the installation of water mains on Hickory Road, be, and it hereby is refused. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the fire protection plan for the Cedar Farms area be delayed for further consideration. There was read a letter from the City Manager of Richmond citing the fact that if the County of Chesterfield would continue to allow the joint use of utility trenches for the installation of gas main in the County that considerable savings could be experienced to the end that Richmond would reduce the gas charges to County residents approximately 13%, and it was cited b~ Mr. Painter that in his opinion the hardship involved in maintaining a water line that was underneath or close proximity to a gas line would be somewhat arduous. Whereupon, after further consideration, it is on motion of Mr. Purdy, seconded by Mr. Dietsch, resolved tha the City's request be and it hereby is denied. It is here noted that Mr. Apperson votes Mr. Painter, County Engineer, states that fluoridation would begin on June 11, 1961 on a County-wide basis. On motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that sewer con- tract S68-14CD for the installation of sewer mains in the Subdivision of Scotting- ham, be and it hereby is approved. On motion of Mr. Browning, seconded by Mr. Martin, it is resolved that the Project 6511-3A be and it hereby is awarded for the installation of pipe to the Luck Com- pany in the amount of $265,811.00 Pipe to the Concrete Pipe & Products Co. 69,859.30 Manholes - Concrete Pipe & Products Company 16~298.50 Castings - Virginia Municipal Serv. Co. 2,625.00 Total amount of Project 6511-3A-Old Town Creek $354,593.80 There was presented an agreement generally approved by all parties concerned by which sewer mains could be installed in the Windsor Forest Subdivision. On motion of Mr. Martin~ seconded by Mr. Dietsch, it is resolved that the contract with J. K. Timmons,& Associates be and it hereby is approved and the Chairman and Clerk are authorized to sign such agreement. Before a vote was taken on this metion, Mr. BroWning presents a substitute motion to charge $200.00 for apartment connec- tions in Windsor Forest which, motion failed by a 4 to 1 vote. A vote on the original motion is passed with Mr. Browning abstaining from ~oting. On motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that condemnatior proceedings be authorized against Mr. J. H. Benson, contract 454 for the installa- tion of a water line along Rt. 60. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the sewer connection for Mrs. Sterling N. Monk, 4232 Bonnie Banks Road be set at the regular connection price for a single-family dwelling. On the recommendation of the County Engineer, it is resolved en motion of Mr.Diets seconded by Mr. Purdy, that this Board authorizes the installation of 1250 feet of sewer mains along Lancers Boulevard if all of the citizens requesting this sewer main sign the necessary contracts. There was a general discussion on the installation of sewers in the Pocoshock Cree drainage area and the County Engineer presents certain proposals developed by con- sulting engineers. Upon consideration whereof, and on motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that this Board authorizes the installation of sewer mains in accordance with Alternate B so that the Reams Road School can be served in the mos feasible manner. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this Boar~ approves the contract with J. K. Timmons & Associates to design the sewer system encompassing the Courthouse complex and the Centralia Gardens area. On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that this Board award permits to the following Utility companies: C&P Telephone Company - installation of underground tel. cables (i1) Walmsl~y Blvd. '- Duplex Apts. ~ ......................................... (2) Cameron Hills - Section A (3) Commanche Drive & Chellowe Road (4) Fuqua Farms - Section D (5) Surreywood - Section A City of Richmond - Installation of underground gas line (1) Oakhurst Apts. (Westover DriVe) (2) Chateau Gardens (3) Chippenham Village - Shopping Center (4) Clevedon Commonwealth Gas - Installation of underground gas mains (1) A~chway - Section "A" There was a discussion held concerning the drainage complaints in the area of Bram- well Road and a petition was presented requesting some solution to this problem. Upon consideration whereof and' on motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that this matter be referred to the Drainage Committee. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that this Board requests the County Engineer to prepare a presentationto show what the County has done toward the installation of sewers, citing certain contracts and to give some outline of the future potential of the sewer.system. On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that the Virgini~ Department of Highways is hereby requested to take Nutmeg Court into the Secondary System of roads. This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Nutmeg Court, in Westover Plaz~ Apartments, Manchester Magisterial District, which shows that in the opinion of the County Road Engineer it is expedient that said road be established as a public road Upon consideration whereof, and on motion of Mr. Dietsch, it is resolved thai Nutmeg Court, in Westover Plaza Apartments, Manchester District, be and it hereby i~ established as a public road. And be it further resolved, that the Virginia Department of Highways be and it hereby is requested to take into the Secondary Road System, Nutmeg Court, from a point on Erich Road .04 mi. north of'its intersection with Melmark Road, eastwardly .07 mi. to a cul-de-sac. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways, a 50-ft. right of way for this road. Plat recorde in Plat Book 16, page 24 on Jan. 22, 1968. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the plans for re-building Kings Barbecue on Rt. 161, be and they hereby are approved. On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that the Engi- neering Department get bids on certain work generally outlined on curbs, gutters and sidewalks in the Village of Ettrick. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the fO~DW-- ing transfers from the unappropriated surplus to the various categories in the Sheriff's Department be approved.: $286.00 - 063-104 - Deputies Salaries (Jail) 40.00 - 062-104 - Deputies Salaries 42.00 - 062-109 - Secretary's salary 900.00 - 063-111 - Medical expenses - Prisoners On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the followin¢ interfund transfers be made: 15.00 100.00 30.00 50.00 100.00 70.00 3500.00 200.00 150.00 from 021-319-Office Suppl. to 021-215 - Comm. of Rev. Repair bill from 040-215-Repairs to 040-105 - Rec. Del. Taxes from 054-319-Office Suppl. to 054-218 - Probation - Postage from 061-106-Comp. of Police to 061-333 - Ammunition & Flares from 063-207-Sheriff-Electricity to 063-233 - Water from 103-149-Care & Pur. Landfill to 103-211 - Auto Insurance from 103-149-Care & Pur. Landfill to 103-220 - Oper. Exp. from 104-200-Advertising to 104-405) - Office Equip. from 104-210-Travel to 104-405 - Co. Planner $ 100.00 from 104-249 - Regional Planning to 104-405 160.00 from 104-319 - Office Suppl. to 104-109 - Comp. Sec'y. (~xtr&) On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that the $~ of $7,000.00 be transferred from 11-071-323 to 17-210-323 to repay c~rtain repair cost to fire trucks. On motion of Mr. Apper$on, seconded by Mr. Browning, it is resolved that this Board adjourns at 9:50 P.M. to 7:00 P.M. on June 3, 1968.