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07-10-1974 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on July 10, 1974, at 9:00 a.m. Present: Also Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. A..J. Krepela Mr. E. Merlin O'Neill Mr. M. W. Burnett, County Administrator Mr. Stanley Balderson, County Planner Mr. Raymond Birdsong, Eng. Assistant Mr. Craig Bryant, Asst. County Eng. Mr. C. G. Manuel, Asst. Co. Admin. Mr. Morris Mason, County Attorney Mr. Robert Painter, County Engineer Mr. William Prosise, Asst. Co. Eng. Mr. Lane Ramsey, Asst. Dir. o£ Acctg. Mr. Michael Ritz, Planning Director Mrs. Joan Smith, Secretary Mr. David Welchons, Asst. County Eng. The invocation was given by Mr. Burnett. The Board of Supervisors this day approved all claims presented to the County for the month of June, 1974 and authorized the Treasurer of the County to issue warrants as follows: General County Fund Check No. 79507 - 82009 Revenue Sharinq Check No. 81772 Library Check No. 79512 - 81782 Law Library Check No. 81083, 81138, 81154,81201,81226 and 81237 $4,106,545.36 198.80 133,931.49 560.65 Airport Fund Check No. 79457 - 82010 12,256.71 County Garaqe Check No. 80047 - 82000 Storeroom Fund Check No. 79438 - 82008 Workmen's Compensation Check No. 79460 - 81807 19~903.20 2~474.93 1~599.24 Social Seavices Check No. 80779 - 80885 Check No. 80076 - 80079; 81259 - 81436; No. 79389 - ~9401; 79118 - 79373 70t874.94 Nursing Home Check No. 79425 - 81493 Nursing Home Construction Check No. 79468~ 79914, 79964~ 81075,81556, No. 81686, 81733, 81969, 81204 90t878.63 100~162.81 Sales Tax Check No. 79934 and 81979 $ 229.49 ~ayroll Deduction Check No. 79419 - 81593 Water Revenue Fund Check No. 10679, 10680~ 10681~t0682 No. 10683 Water Operating Check No. 10474 - 10668 50~564.14 38.70 57,881~38 Water Improvement~ Replacement and Extension Fund: Check No. 10560 - 10666 228~829.70: Water Meter Deposit .Check No. 10475 - 10553 340.00 Water Meter Installation-Fund Check No. 10429 - 10668 58~205.90 Central Stores Fund Check No. 10432 - 10668 14~664.24 Ettrick Utility Fund Check No. 10474 - 10631 Sewer Revenue Check No. 10679-10681 5,309~46 23.00 Sewer Operating Fund Check No. 10474 - 10672 34~938.22 Sewer Improvement; Replacement and Extension Fund: Check No. 10409 - 10672 21~715.22 Sewer Bond Construction Fund Check No. 10415 - 10669 Sales Tax Fund Check No. 10431 993~157.61 1.18 ~orkmen's Compensation Check No. 10495, 10542 68.50 On motion of Mr. Myers, seconded by Ur. O'Neill, it is resolved that the minutes of June 26, 1974, be and they hereby are approved. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. Mr. Painter presents the results of the water survey in Rayon Park. He states that there are 36 potential customers in a reduced plan and that the cost would be approximately $29,520, this figure would include fire hydrants. Mr. Birdsong says that the cost per connection would be approximately $820 in lieu of the $1,100 before. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that water lines, as outlined, be constructed in Rayon Park upon the recommendation of the Engineering Department. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that Sewer Contract S73-24T be awarded to G. L. Howard, who submitted the low bid of $638,626, for the installation of the Ashton Creek Trunk Sewer and Force Main. Ayes: Mr.. Horner, Mr. Myers and Mr. O'Neill. Mr. Painter states that the bids for S73-30T - Tinsberry Creek Trunk and Force Main are currently being considered and studied further. Mr. Painter states that on Project 7032-5A, Proctor's Creek Interim Treatment Plant, two bids have been received for the one-half (1/2) million gallon plant. Upon consideration whereof, it is on. motion of Mr. Myers, seconded by Mr. O'neill, resolved upon recommendation of the Engineering Department that the 'contract for the .5'MGD Interim Treatment Plant be awarded to W. C. English Construction Company who submitted the Iow bid of $837,000. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. Mr. Painter states that the County has received a letter from Seaboard Coast Line Railroad Company concerning the agreement for sewer lines under Contracts S73-30T and S73-31T. He states that Seaboard Coast Line Railroad Company has agreed to set a one-time fee in lieu of the annual rental fee as he requested. He states ~he fee they want to collect would be $1,037 in lieu of the annual rate of $80.56. He states that he feels this is a little too high but recommends the Board accept this one-time fee. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the County pay Seaboard Coast Line Railroad Company the one-time fee of $1,037. Ayes: Mr. Horner, Mr, Myers and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the Commonwealth's Attorney institute condemnation proceedings against the property owner listed below if the amount offered by the County as set out opposit.e her name is not accepted. Be it further resolved that the County Administrator notify the Said property owner by registered mail on July 10, 1974, of the inten- tion of the County to enter upon and take the property which is to be the subject of the said condemnation proceedings. An emergency existing, this resolution shall be, and it is hereby declared in full force and effect immediately upon passage. Mrs. Sue M. Hudson $849.00 Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Horner states that there is present a delegation of 12 residents from the Lake Genito Subdivision. He states that he had received numerous calls and was unable to answer them and he issued a statement in the paper stating the Board would entertain comments from the residents of this area. Mrs. Sharon Villines comes~before the Board with a petition signed by all residents with the exception of a relative of Mr. Rudolph's which petition covers approximately 50-60 persons. She states that the residents have tried numerous times to have Mr. Rudolph improve the condition of the roads in the Subdivision but have received no satisfaction. She states that pot holes exist everywhere and when filled, they return. She states that it is their concern about the safety of the children and school buses that will be traveling these roads, the continuing cloud of dust that settles on the properties and the impact on the vehicles traveling these rough roads daily. She states that they have been promised repeatedly that the roads would be fixed but it has just been talk. She also states that Mr. Honeycutt of Metropolitan, their Real Estate Agent, has been very uncooperative in dealing with this matter. Mrs. Anna Blankenship states that the roads are in very bad condition and concurs with the statements made by Mrs. Villines, adding also that people traveling without air conditioning have been greatly discomforted breathing the dust. Mr. Burnett inquires as to what condition the present roads are in. She states that the roads are gravel and that for the first time last night, roads were wet down. Mrs. Villines states that since the sewer lines have been laid, why shouldn't Mr. Rudolph start in the back of the Subdivision preparing roads to bring them up to State standards. Mrs. Skelly appears before the Board stating that dodging the holes is bad on the nerves of the drivers in the area. Mr. Rudolph states that roads were surfaced last June and the breaks have occurred because of the bad winter. He states these breaks have been repaired three or four times since. He states that the area's roads are all hard surfaced except where sewer is being installed and the 600 ft. break. He states that the entrance to the area is the State's responsibility. Mr. Horner States he had received a report stating pot holes were everywhere and when he inspected the area he found this was the case. Mr. Rudolph states that the roads are to be surface treated tomorrow and that he can have the roads up to State standards in 7-10 days. Mr. Prosise inquires if the off-site easement has been obtained. Mr. Rudolph states it has not but that the State sent him a letter stating if he could not get the easement they would condemn to do so. Mr. Covington states that the State has not received a letter from Mr. Rudolph stating he did make the effort and was unable to obtain this easement. Mr. Rudolph states he will have a letter sent tomorrow. Mr. Horner moves that building permits, inspections and construction be suspended until such time that the roads with residences located on same have been taken into the State system. Mr. Rudolph states that he has over $1,000,000 plus 17% interest tied Up in this area and this resolution, if passed, would damage him beyond repair. Mr. Myers inquires if the State would take a section of the road in at a time. Mr. Covington states that the State can do this but the main or primary road would have to be the starting point and until the easement to solve the drainage problem is gotten there is no way this would be done. Considerable discussion ensues concerning the length of time Mr. Rudolph has taken, his previous building record and problems. Mr. Horner amends his motion to state that occupancy and building permits be suspended with inspections continuing until the Board meeting on July 24, at 10:00 a.m., at which time the Board would review the status of Mr. Rudolph's roads in order to determine if inspections should also be suspended. This motion is seconded by Mr. Myers and approved. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Cashion appears before the Board and states that progress never changes--it always creates inconvenience and such is the case here. He states that the roadsii cannot be brought up to State standards in 7-10 days, but rather six months. Mr. Burnett states that would put them in the middle of winter. Mr. Cashion states that if weather permits, the roads could be paved in October. Mr. Horner suggests that the Highway Department, Mr. Painter and Mr. Rudolph have a meeting before the next Board meeting to discuss what the Board will want to know so the matter can be resolved easily. Mr. Burnett states that he has received a letter from Mr. Fugate stating the County's 1974-75 Secondary Allocations will be $2,608,468 this year as compared to $2,533,423 last year. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the Highway Department be requested to accept Mt. Blanco, Section 2, into the State Secondary System, as follows: Mount Blanco~ Section 2 Henry Lane - Beginning at its intersection with Route 886, southerly 0.05 mile to ~ cul-de-sac. 0.05 mile This Road has a right-of-way width of 50 feet and serves three houses. Leslie Lane - Beginning at its intersection with Route 746 southeasterly 0~9 mile to its intersection with Sloan Drive. 0.09 mile Sloan Drive - Beginning at its intersection with Leslie Lane easterly 0.09 mile to Leslie Lane; beginning at its inter- section with Leslie Lane westerly 0.05 mile to a cul-de-sac. 0.14 mile These Roads have rights-of-way widths of 50 feet and serve 12 houses. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved.that the Highway Department be requested to accept Black Heath into the State Secondary System, as follows: On motion o£ Mr. O'Neill, seconded by Mr. Myers, it is resolved that the following persons be appointed to the Bi-Centennial Committee: Midlothian Clover Hill Mrs. Dorothy Meldrum Mrs. A. F. Weaver Mrs. Robert Quinn Mrs. Ralph Peachee Mr. Clyde Roettger Dale Bermuda Mrs. Horace (Anne) Mann, III Ms~ Nancy O. A. Broughton Mr. Marshall F. Driskill Matoaca Mrs. Coleman W. Woodruff Colonel Horace Mann Mr. John Scherer Mr. Norman Cofield Ms. Janet Alley Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that he has a request from the Real Estate Assessor's Office for an additional $40,000 to take care of the workload created by the new Ordinance for Special Assessments ~or Agricultural, Horticultural, Forest and Open Spaces Real Estate. After considerable discussion, it is on motion of Mr. Krepela, seconded by 'Mr. O'Neill, resolved that $20,000 be appropriated from the Unappropriated Surplus of the General Fund to the Assessing Department. Ayes: Mr. Horner, Mr. Krepela and Mr. O'Neill. NaYs:. Mr. Myers. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that a renewal of the Bingo and/or Raffle Permit to Dale Fire Department be and it is hereby approved. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Painter states that when the Consultants and the Engineering Department had met, concern was noted as to whether or not sewer installation should be done prior to the Burge Avenue road improvements. Mr. Myers inquires as to who will pay for the installation. Mr. Welchons states that the residents would. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the following! sewer contract be awarded: Ii'~ S73-30T and 31T Tinsberry Creek Area $922,707 Stamie Lyttle Company Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Mason states that he has'received a letter from the Engineering Department stating that Brandermill has applied to the County to use water from the reservoir for irrigation purposes. Upon motion of Mr. Horner, seconded by Mr. Myers, it is resolved that Brandermill be allowed to pump water from the lake for irrigation purposes provided the water level goes no lower than 12 inches~ Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. Abstention: Mr. Krepela. Mr. Craig Bryant states that they had received two bids concerning the contract for the Monitoring and Management Program for Swift Creek Reservoir. He states that he feels EcolSciences would be the cheaper. He states that it will cost $12,306 for 14 months, in addition to $25,000 for sampling, etc. He also states that the Water Control Board will be doing some testing. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that EcolSciences be awarded the contract for Management of the Reservoir only at a cost of $12,306 for 14 months. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board requests the Planning Commission to advertise for Public Hearing a change in the Zoning Ordinance that would add to Section 15-3 of the Ordinance, Subparagraph (F): "any permit or conditional use allowed in the B-3 or M-3 District". This would allow the Board of Supervisors more lattitude in handling specific conditional uses. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Ritz states that something should be done about variances coming before the Board. He states that at the present time there is no fee, no deadline, no specified time that variances will be heard and no coorespondence with adjacent landowners regarding their opposition and/or concurrence. He recommends either the Board of Zoning Appeals to hear variances or rules be made on when, how and for what fee variances will be heard. After considerable discussion it is on motion of Mr. O'Neill, seconded by Mr. Myers, that the Board will continue hearing variances but that the fee of $25 shall be charged, variances shall be heard at 3:00 p.m. on the 2nd Wednesday of the month, the adjacent landowners shall be notified and a variance form will be filed. Ayes: 'Mr. Horner, Mr. Myers and Mr. O'Neill. Nays: Mr. Krepela. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board gointo Executive Session to discuss personnel matters. Reconvening: On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that Mr. Thomas Page, AirPort Manager, be granted a 10% increase in salary effective July 1, 1974, with an additional 5% increase possible on January 1, 1975. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the County Attorney be and he hereby is requested to represent the Chairman of the Board in a suit filed by Mr.'Curtis L. Rudolph. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that this Board adjourn at 5:45 p.m. until July 24, 1974, at 9:00 a.m. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O~Neill. ~ M~. W. Burnett, Secretary \~ rlrvin G. Hor~e~, ~Chairman