08-28-1974 MinutesVIRGINIA: At an adjourned meeting of
the Board of Supervisors of
Chesterfield County, held at the
Courthouse on August 28, 1974, 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, County Admin.
Also Present:
Mr. Stanley Balderson, Co. Planner
Mr. Raymond Birdsong, Engineering Asst.
Mr. Robert W. George, Chief Probation Off.
Mr. C. G. Manuel, Asst. County Admin.
Mr. Morris Mason, County Attorney
Mr. Robert Painter, County Engineer
Mr. William Prosise, Asst. County Eng.
Mr. Richard Puryear, Permit Inspector
Mr. Michael Ritz, Planning Director
Mrs. Joan Smith, Secretary
The Honorable John Thomas, District Court
Mr. David Welchons, Asst. County Eng.
The invocation is given by Mr. Apperson.
'On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
minutes of August 14, 1974 meeting be and they hereby are approved.
Ayes: Mr. Horner, Mr. Myers.and Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that, upon
recommendation of the Engineering Department, the following Water Contracts be
and they hereby are approved:
1. W74-60D Bright Oaks $37,000.00
Richard L. Crowder
2. W74-54D Edgehill, Section B, Phase III 4,602.00
Lewis H. Easter & Company
3. W74-64CD Salisbury-Hillcrest, Section A 27,877.00
Fred W. Barnes Construction Co.
4. W74-45CD Cogbill Road (Latter Day Saints) 4,006.54
D. A. Putney, Incorporated
Ayes: Mr. Horner, Mr. Myers and.Mr. Apperson.
Mr. Painter states that the Engineering Department recommends approval of the
Well Agreement for Contract W74-60D in the Bright Oaks Subdivision. Upon
consideration of same, it is on motion of Mr. Apperson, seconded by Mr. Myers,
resolved that the Well Agreement for Contract W74-60D, Bright Oaks, be and
it hereby is approved.
Ayes: Mr. Hornet, Mr. Myers and Mr. Apperson.
Mr. Parker comes before the Board with a petition asking that a water line
extension to Mt. Blanco be approved. He states that because there is iron in
the water, 100% of the people have signed a petition for County water and he
does not expect any to retract. Mr. Birdsong states that the approximate cost
of this extension would be $37,000-$38,000 and would take care of 22 connections.
He states the line would run through the proposed street which is undeveloped,
to serve the existing homes. He adds also that the County will be losing
approximately $12,500 if negotiations cannot be worked out with Mr. 81oan to
to pay for connections when he develops or sells his land.
Upon consideration whereof, it is on motion of Mr. Myers, seconded by
Mr. Apperson, that this water line extension be approved subject to favorable
negotiations with Mr. Sloan.
Ayes: Mr. Horner, Mr. Myers and Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Contract
7409-A, Lime Handling Facilities at the Swift Creek Water Plant be and it hereby
is awarded to Robert A. Thorpe who submitted the low bid of $86,600.00.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that, upon the
recommendation of the Engineering Department, the following sewer contracts be
and they hereby are approved:
1. S74-50D
Creekwood, Section A
Lewis H. Easter & Company
$156,245.86
2. S73-30CD Chesterfield Mall 25,000.00
John W. Daniel & Company
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
Change Order No. 1 for Contract 7032-10, Middle Falling Creek Sewer be authorized!,
Ayes:' Mr. 'Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
Change Order No. 1 for Contract S73-29T, Fuqua Farms Extension on Beulah Road
to serve the Sprouse Property at a cost of $5,592.75 be and hereby is authorized.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mrk O'Neill.
On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that sewer
service be extended to Mr. Alfred F. Piner at 14633 Rivermont Road.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Curtis L, Rudolph, developer of Lake Genito Estates, comes before the Board
requesting that the Board release him from the restrictions placed on. him at
the July 24, 1974 meeting. He states that he has a letter from Mr. Murray
of the Highway Department stating that the roads in Lake Genito had been
surface treated in an aeceptable fashion.
Mr. Horner inquires if the County has a report on the inspections of these
roads. Mr. Prosise states that the County has not been requested to inspect
the roads, and asks further of Mr. Rudolph if the ditches and easements have
been taken care of. Mr. Rudolph states that 99% of the work on the ditches,
etc. has been done and that he wants to be released now. Mr. Myers states that
from his previous record, the County would have to inspect these roads prior
to his being released, and asks further if Mr. Murray's letter speaks to the
drainage problems, etc. in the area. Mr. Rudolph states that it is the roads
that caused the problems and not the drainage. Mr. Burnett states that if there
are drainage problems, etc. the Highway Department will not accept the roads.
Mr. Rudolph states that he has a letter from the Highway Department saying they
will be responsible for the drainage easement at the entrance to the Subdivision
and that is the only easement problem at the present time. Mr. Horner states
that he feels the Board cannot release the present restrictions until an
inspection report has been received.
Mr. Burnett inquires when the roads will be accepted into the State System.
Mr. Rudolph states that his deadline is November 1, 1974, and he will not
request they be taken in until that time, as that is when his bond is due.
Mr. Rudolph states that his roads are better than any subdivision in the
County. Mr. Burnett states that he had been in the area less than a week
ago and the roads were bleeding, more than what is usual. Mr. Rudolph states
that since that time the roads have been paved additionally.
· Mr. Horner asks Mr. Rudolph if he is suffering any hardships. Mr. Rudolph
states that he has four or five houses that are ready for occupancy. Mr. Hornet
states that at the meeting of July 24th, the Board stated that occupancy
permits could be applied for and the Board would consider same. He states that
if Mr. Rudolph would ask these people to write a letter, the Board would
consider them on an individual basis. Mr. Rudolph states that he does not
intend to ask any people to write letters and he will not write any letters,
he wants to be released now. He further states that it is the County's fault
for not inspecting the roads. Mr. Prosise states that on an inspection they
will consider everything, not only the roads but the ditches, drainage, etc.
Mr. Burnett states that this is not a case of the roads only, everything has
to be considered in order to get the roads into the State System which is very
important.
Mr. Rudolph states that if he is not released today, he will be in Court by
Tuesday. Mr. Myers states that if Mr. Rudolph feels he had been mistreated,
he has a perfect right to go to Court. He adds also that the letter from
Mr. Murray is dated August 27, 1974, and the Mr. Rudolph cannot expect the
Board to take action and release him without knowing the shape of the roads on
such short notice.
On motion of Mr. Homer, seconded by Mr. Myers, it is resolved that this Board
consider Mr. Rudolph's demand as a request for the inspection of the roads in
Lake Genito Subdivision in order that his compliance with the Board's require-
ments can be determined so that the Board Can fully or partially release
Mr. Rudolph and this report to be made at the next Board meeting in order to
expedite this situation.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Horner states that if Mr. Rudolph would like to get the letters requesting
occupancy they would be considered. Mr. Rudolph states he will not get any
letters.
Mr. Dunkum comes before the Board representing the Southminister Church to
request the Board's financial help in the improvement of the road to the
Church from Route #360. He states that they have raised $6,300 and they need
approximately $3,400 more to finish the road and drainage. He states that the
YMCA has no money to help with this project and the Highway Department will
seed and straw the land surrounding the ditch,
on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the Board
approve this road improvement with 3¢ Road Funds, subject to the Highway
Department's approval and the taking of this road into the System.
Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill.
Abstention: Mr. Horner.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the
County contract with Shoosmith Brothers to shoot ~itepine Road twice with tar
and gravel at an approximate cost of $25,000 and to install necessary sewer
connections at a cost of $8,500, and the sum of $33,500 be transferred from
the sale of industrial land.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
Abstention: Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
proposed County Winter Recreational Program in the amount of $23,000 for five
months be and hereby is approved.
Ayes: Mr. Horner, Mr. Myers, Mr. O'Neill and Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that
Mr. Edwin C Taylor, Sr's game claim in the amount of $48 00 for the
destruction of 24 Rhode Island Red Hens at $2.00 each, be and hereby is
approved for payment.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
Mr. Burnett states that he has received a letter from Mr. Anthony Mehfoud,
President of the Virginia Association of Counties, requesting that each local
unit of government pass a resolution of support and prayers for President
Gerald Ford and for the United States. Mr. Myers and Mr. Apperson state that
they feel this should be an individual matter in lieu of a local unit of
government matter. The Board decides to hold this matter for further considera-
tion.
Mr. P. L. Travis comes before the Board requesting an occupancy permit.
Mr. Ritz states that Mr. Travis applied for a building permit for a restuarant
and that it is in fact a drive-in restaurant which is not permitted in the area
under the present zoning.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the
occupancy permit be approved subject to the application of a special exception
before the Board of Zoning Appeals.
.Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Ritz comes before the Board. and states that Vepco had neglected through an
oversite to discuss with the County the construction of transmission lines
in parts of Dale District contiguous to Route 10. He states that the Power
Company has already ordered towers instead of poles and this is not exactly
in keeping with what has previously been done in other parts of the County.
Mr. Hedley of Vepco comes before the Board and states that somehow this was an
oversite on their part and that if poles were to be considered in lieu of
the towers ordered there would be an additional cost of $416,000. He states
that they based their decision on economics, the existing tower line which
presently exists beside the proposed line and because of the light industrial
zoning and parks in the area.
Mr. Ritz states that the cost factor should not be considered by the Board as
it was and is Vepco's problem. Mr. Myers inquires if the towers are standard,
could they be used in another project and replaced with poles for this one.
Mr. Hedley states that they would be willing no find an existing area and
switch the towers for poles if that is what the Board thinks should be done.
He states further that if additional costs are incurred, the jurisdiction
could possibly be made to bare these expenses as the People pay for all costs
anyway and the rate could be raised for this particular area.
Mr. Apperson suggests that the Board have a hearing with the State Corporation
Commission. Mr. Homer states that he does not want anymore hearings than
are necessary. Mr. Myers states that he would like more time to consider
this. Mr. Burnett inquires if an Environmental Impact Statement has been done.
Mr. Hedley states that it has and presents the Board with a statement brief
in form. '
On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this
matter be deferred until the next meeting.
Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill
This date and time have been set for a Public Hearing on amending the Fire
Prevention Code.
Captain Dennis Turlington explains the changes and answers questions regarding
this Ordinance change.
Mr. Myers inquires if the $500 figure is satisfactory or can it be amended.
Capt. Turlington states that it can.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this
Ordinance to amend and readopt the Fire Prevention Code of the County of
Chesterfield be and hereby is approved with the stipulation that if the $500
figure is not satisfactory it will be amended. The Ordinance is as follows:
An Ordinance to amend and readopt the Fire Prevention Code of the County of
Chesterfield, Virginia, providing for regulations covering conditions hazardous
to life and property from fire or explosion, establishing an Office of Fire
Chief, providing officers therefor and defining their powers and duties; and
providing penalties_for violation.
Be it Ordained by the Board of Supervisors of the County of Chesterfield, Virginia;
That the Fire Prevention Code of the County of Chesterfield, Virginia, be and it
hereby is amended and readopted to read as follows:
Section 1. Adoption of Fire Prevention Code.
There is hereby adopted by the Board of Supervisors of Chesterfield
County for the purpose of prescribing regulations covering conditions hazardous
to life and property from fire or explosion, that certain code known as the
Fire Prevention Code recommended by the American Insurance Association, being
particularly the 1970 edition thereof and the whole thereof, including any
amendments that may be made from time to time, save and except such portions
as are hereinafter deleted, modified or amended (by Section 4 of this Ordinance)
of which Code not less than three copies have been and now are filed in the office
of the County Administrator of Chesterfield County and the same is hereby
adopted and incorporated as fully as if set out at length herein, and from the
date on which this Ordinance shall take effect, the provisions thereof shall
be controlling within the limits of the County.
Section 2. Establishment of Office of Fire Chief; Duties of Fire Chief.
(a) The Fire Prevention Code shall be enforced by the Chief of
the Fire Department of the County of Chesterfield which is hereby established
and shall be operated under his supervision.
(b) The Chief of the Fire Department shall be appointed by the
Board of Supervisors on the basis of examination to determine his qualifications.
Such Fire Chief shall serve at the pleasure of the Board of Supervisors at a
salary to be fixed by them.
(c) The Chief of the Fire Department shall be charged with the
prevention of fires and the protection of life and property against fire, and
he shall be responsible for the maintenance and care of all property and
equipment used by his department, the planning and directing of all fire fighting
and fire prevention activities, the performance of various miscellaneous public
services of an emergency nature and the management of personnel and all operationsi~
of the fire department.
(d) The Chief of the Fire Department may detail such members of the
Fire Department as inspectors as shall from time to time become necessary. He
shall recommend to the Board of Supervisors the employmenn of technical
inspectors, who shall be selected through an examination to determine their
fitness for the position.
(e) The Chief of the Fire Department shall make a report annually
to the County Administrator of the activities of the Fire Department; it shall
contain all proceedings under this Code, with such vital statistics as the
Chief of the Fire Department may wish to include therein; the Chief of the Fire
Department shall also recommend any amendments to the Fire Code which he deems
necessarY and desirable in the public interest.
Section 3. Definitions.
(a) Wherever the word "Municipality" is used in the Fire Prevention
Code, it shall be held to mean the County of Chesterfield.
(b) Wherever the term "Corporation Counsel" is used in the Fire
Prevention Code, it shall be held to mean the Attorney for the Commonwealth.
(c) Wherever the words "Chief of the Bureau of Fire Prevention" are
used in the Fire Prevention Code they shall be held to mean the Chief of the
Fire Department.
Section 4. Amendments to the Fire Prevention Code.
The Fire Prevention Code is hereby amended and changed in the follow-
ing respects:
(a) Article 1 is hereby amended by adding the following Sections:
Section 1.8b. - It shall be the responsibility of the property
representative to report all fires and fire alarms to the Chesterfield Fire
Dep ar tment.
Section 1.8c. It shall be the responsibility of all insurance
company representatives to report pertinent information for all fire losses
or claims in access of $500.00 (Five hundred dollars) to the Bureau of Fire
Prevention.
Section 1.9f. Permits required by this Code may be waived if in the
opinion of the Chief of the Bureau of Fire Prevention the safety of persons and
property is not jeopardized.
Section 1.14. - Aministration Liability - No officer, agent or employee
of the municipality charged with the enforcement of the Fire Prevention Code shall
be personally liable for any damage that may occur to persons or property as a
result of any act required or permitted in the discharge of his duties under this
Code. No person who institutues or assists in the prosecution of a criminal
proceeding under this Code shall be liable to damages hereunder unless he acted
with actual malice and without reasonable grounds for believing that the person
accused or prosecuted was guilty of an unlawful act or omission. Any suit brought
against any officer, agent or employee of the municipality, as a result of any
act required or permitted in the discharge of his duties under this Code, shall
be defended by the legal representative of the municipality until the final
determination of the proceedings therein.
Section 1.15. - Authority to Take Photographs - The Chief of the Bureau
of Fire Prevention or any inspector thereof is authorized to make such sketches
and take such photographs as he may find necessary to execute the functions of
his office. After due notice of a violation of this Code has been issued,
photographs may be taken as are found necessary. Subsequent to a fire, explosion,
or other emergency such photographs may be taken as are necessary to adequately
depict the condition for the purpose of investigation. No person shall interfere
with, refuse, or obstruct such sketching or photo making.
(b) Section 14.4b. (2) is hereby amended by deleting "when the
total of such spaces exceeds 2,500 square feet."
(c) Article 14 is hereby amended by adding Section 1414f. which
reads 'as follows:
Installation in Multi-Story Buildings: Approved automatic sprinkler
systems shall be installed in all buildings, regardless of occupancy, more than
four (4) stories or forty-eight (48) feet in height.
(1) Supervised System - sprinkler systems required by this section
shall be equipped with an approved automatic water flow detection device and
an electrically supervised main sprinkler control valve both of which shall
transmit an alarm or tourble signal to an accredited central station facility
that has direct communications with Chesterfield Fire Alarm Headquarters.
(2) Standpipe Connections - sprinkler systems required by this
section shall be equipped with standpipe connections supplied by sprinkler
risers, and located within stairway enclosures, smoke-proof towers, and/or
public corridors. The number of standpipe connections per floor shall be such
that all parts of every floor area can be reached by a thirty (30) foot stream
from a nozzle attached to one hundred (100) feet of hose connected to the
riser outlet.
(3) These requirements may be deleted, when, in the opinion of the
Chief of the Bureau of Fire Prevention, the installation of a sprinkler system
would be more hazardous than the deletion of the system or where the safety
to persons and property is not jeopardized.
(d) Section 27.11 is hereby amended to read as follows:
Each place of assembly shall be posted with a legible sign in contrast-
ing colors conspicuously located stating the maximum number of occupants
permitted. This number shall be determined by the Chief of the Bureau of
Fire Prevention, but shall never exceed the capacity of exit ways provided.
(e) Section 28.16 is hereby amended to read as follows:
a. When he deems it necessary, the Chief of the Bureau of Fire
Prevention shall designate fire lanes on public streets and on private property,
devoted to publin uae such as, but not limited to, commercial, industrial,
or residential buildings, for the purpose of preventing parking in front of or
adjacent to fire hydrants or providing access for fire fighting equipment.
b. Ail buildings less than forty-eight (48) feet in height shall
have an all-weather fire lane twenty (20) feet in width within thirty (30)
feet of the longer side or as required to provide access for fire fighting
activities and equipment or as specified on an approved site plan.
c. Ail buildings more than forty-eight (48) feet in height shall
have an all-weather fire lane twenty (20) feet in width parallel to each of two
opposing sides of the building fifteen (15) to twenty (20) feet away from the
building or as required to provide access for fire fighting activities and
equipment or as specified on an approved site plan.
d. Marking and approved signs to designate fire lanes shall be
provided by the owners or their agents of the property involved.
e. It shall be unlawful for any person to park in or otherwise
obstruct such designated and marked areas.
(f) Article 28 is hereby amended by adding the following Sections:
Section 28.17 - It shall be unlawful for any person, directly or
through an agent, to sell, or offer for sale fire extinguishers, fire extinguish-
ing systems, local fire alarm systems and fire detection devices or systems
in the County without being approved and labeled by Factory Mutual Laboratories,
Underwriter's Laboratories, Inc. or any other testing laboratory approved by
the Chief of the Bureau of Fire Prevention.
Section 28.18 - The use of charcoal burners or open-fire burners on
any balcony or patio or similar structure within eight (8) feet of any multi-
family dwelling or apartment dwelling is prohibited. The management of apart-
ments which have balconies, etc. shall notify their tenants in writing of this
Code requirement at the time the tenant initially occupies the apartment and
from time to time thereafter, as may be necessary to reasonably insure conformity.
Section 5. Modifications.
The Chief of the Fire Department shall have power to modify any of the
provisions of the Fire Prevention Code upon application in writing by an owner
or lessee, or his duly authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of the Code, provided that the
spirit of the Code shall be observed, public safety secured, and substantial
justice done. The particulars of such modification when granted or allowed
and the decision of the Chief of the Fire Department thereon shall be entered
upon the records of the department and a signed~copy shall be furnished the
applicant.
Section 6. Appeals..
When it is claimed that the provisions of the Code do not apply or
that the true intent and meaning of the Code have been misconstrued, or wrongly
interpreted, the aggrieved party may appeal the decision of the Fire Chief to
the Board of Supervisors within thirty (30) days from the date of the final
decision.
Section 7. Penalties.
(a) Any person who shall violate any of the provisions of the Code
hereby adopted or fail to comply therewith, or who shall violate or fail to
comply with any order made thereunder, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved thereunder,
or who shall fail to comply with such an order as affirmed or modified by the
Board of Supervisors or by a court of competent jurisdiction, within the time
fixed herein~ shall severally for each and every violation and noncompliance
reqpectively be guilty of a misdemeanor, punishable by a fine or not more than
one thousand dollars or by imprisonment for not more than thirty (30) days or
by both such fine and imprisonment. The imposition of one penalty for any
violation shall not excuse the violation or permit it to continue; and all
such persons shall be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each ten (10) days
that prohibited conditions are maintained shall constitute a separate offense.
(b) The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
Section 8. Validity.
In the event that any section, paragraph, sentence, or word of
this Ordinance or of the Code hereby adopted be declared for any reason to
be invalid, by a court of competent jurisdiction, all other provisions of this
Ordinance, independent of any such portion as may be declared invalid, shall
be and remain in full force and effect.
This Ordinance shall be in full force and effect from and after its
passage as provided by law.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
This date and time have been set for a Public Hearing on two Ordinances to amend
the amount of interest charged on late tax payments and to change the dates
on which such interest is charged.
There is some discussion among the Board members regarding the amount of
penalty to be charged and it is stated that this Ordinance would benefit the
taxpayers.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
following Ordinances for the payment of real estate and tangible personal
property taxes be and they hereby are approved:
An Ordinance to amend and reordain Chapter 11, Article 1, Section
11-11.1 of the Code of the County of Chesterfield, Virginia, by providing
for payment of real estate taxes in installments, the giving of notice of
payment therefor, and further providing for penalties for late payment and
interest on delinquent real estate taxes.
Be it ordained by the Board of Supervisors of Chesterfield County,
Virginia:
1. That Chapter 11, Article 1, Section 11-11.1 of the Code of the County of
Chesterfield, Virginia, be amended to read as follows:
Section 11-11.1 Payment of Real Estate Taxes
Commencing December 1, 1974, and for each calendar year thereafter,
the tax levied on real estate situated in the County shall be due and payable
in equal installments, the first installment being due and payable on June 5
of each calendar year and the second installment bieng due and payable on
December 5 of each calendar year. Any person failing to pay any such install-
ment of taxes on or before the due date shall incur a penalth thereof of five
percentum, which shall be added to the amount of taxes or levies due from such
taxpayer on such installment, which, when collected by the treasurer, shall be
accounted for in his settlements.
In addition to the penalty provided herein, any such taxes that
remain unpaid on the first day of the month next following the month in which
such taxes become due shall be delinquent and interest thereon of eight (8)
percent per annum shall be added to the amount of taxes or levies due from
such taxpayer, which, when collected by the treasurer, shall be accounted
for in his settlements.
The treasurer shall give notice a reasonable time prior to June 5
and December 5 of each calendar year by publication in a newspaper of general
circulation in the County that he is prepared to receive at his office one
half or the balance due thereon, as the case may be, of the real estate
taxes from any taxpayer charged with payment thereof prior to the sixth day
of June and the sixth day of December of such year, without penalty.
Nothing 'in the foregoing provisions of this section shall be
construed to prohibit the payment of the whole of the taxes levied on real
estate by any taxpayer in one sum at any time; provided, that any penalty
and interest that~may have accrued on the whole or any part thereof at the
time of payment as provided herein be paid therewith.
This Ordinance shall become effective on and after December 1, 1974.
(Statutory Authority Ref: 58-848, see 58-946)
An Ordinance to amend and reordain Chapter 11, Arti-le 1, Section
11-11~3 of the Code of the County of Chesterfield, Virginia, by providing
for the payment of tangible personal property taxes, when returns therefor
shall be made, and further providing for penalties for late filing and
late payments, interest on delinquent taxes and allowing for extensions of
time within wich to file such returns.
Virginia:
Be it ordained by the Board of Supervisors of Chesterfield County,
1~ That Chapter 11, Article 1, Section ll-ll.3~of the Code of the County
of Chesterfield, Virginia, be amended to read as follows:
Section 11-11.3 Payment of Personal Property Taxes
For the calendar year 1975, and each calendar year thereafter the
tangible personal property tax levied on personal property situated in the
County shall be due and payable on June fifthof each calendar year. Any
person failing to pay any such taxes on or before the due date shall incur
a penalty thereon of five per centum which shall be added to the amount
of taxes due from such taxpayer which, when collected by the treasurer,
shall be accounted for in his settlements.
Ail returns of tangible personal property and machinery and tools
subject to taxation shall be filed by every person liable for the tax with
the Office of the Commissioner of Revenue, on forms furnished by it, on or
before March first of each calendar year. Any person failing to file such
return on or before the due date shall incur a penalty thereon of five
per ceBtum which shall be added to the amount of taxes or levies due from
such taxpayer, which when collected by the treasurer, shall be accounted for
in his settlements.
Neither of such penalties shall exceed ten per centum of the tax
accessable or due on such property or the sum of two dollars, whichever shall
be greater, and the assessment of such penalty shall not be deemed a defense
to any criminal prosecution for failing to make the return or taxable property
as required by law or this Ordinance.
In addition to the penalties provided herein, any such taxes
remaining unpaid on the first day of January, 1975, and thereafter on the
first day of the month next following the month in which such taxes become
due, shall be delinquent and interest thereon of eight (8) percent per annum
shall be added to the amount of taxes or levies due from such taxpayer, which,
when collected by the treasurer, shall be accounted for in his settlements.
An extension of time for the filing of tangible personal property
returns may be granted by the Commissioner of the Revenue upon receipt of a
written request from the taxpayer. The taxpayer must submit this request for
an extension of time before March 1st, and must state the reason for the
request for an extension of the filing date. Upon receipt of such request,
the Commissioner of the Revenue shall grant or refuse the request, and shall
notify the taxpayer accordingly. Any extension of the filing date shall be
for a fixed number of days not to exceed in any event, 60 days.
This Ordinance shall become effective on and after January t, 1975.
(Statutory Authority Ref: 58-848, see 58-946)
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
The Board adjourns for lunch.
Reconvening:
73S043
Mr. C. No Elam, Jr. comes before the Board requesting a Conditional Use to
permit construction of a 4 ft. x 6 ft. sign. This request is on a parcel
of land at the intersection of U. S. 60 and Route 611 and better known as
17600 Midlothian Pike. T. M. 13 (1) 27.
Mr. Elam states that the Planning Commission recommended that the sign be
3 ft. x 5 ft. and that he has no objections.
On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that a
Conditional Use be granted to Mr. C. N. Elam, Jr. subject to the conditions
recommended by the Planning Commission.
Ayes: Mr. Myers, Mr.. Apperson, Mr. Krepela and Mr~ O'Neill.
73S142
Mr. James Thacker T/A Sixty-147 Land Company requests the rezoning from
Agricultural (A) to Convenience Business (B-i) and a Conditional Use for a
Planned Development for a Shopping Center on a. parcel of land fronting
approximately 683 ft. on U. S. 60, also fronting approximately 341 ft. on
Route 147, and being located in the northwest quadrant of the intersection
'of the aforementioned roads. T.M. 16-12 (1) parcel 5. (Sheet 7.)
There appears no one to speak for this request. Mr. Hornet inquires if there is
anyone present who opposes this request. Eight people are present who object.
On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that this
Board deny the request of Mr. James Thacker.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
74S011
In Clover Hill Magisterial District Larry A. Barthurst requests the rezoning
from Agricultural (A) to General Business (B-3) three parcels of land of
irregular shape, containing 1.9 acres, fronting approximately 240 ft. on
Midlothian Turnpike (Rt. 60), extending southwardly to a depth of approximately
400 ft., and being located approximately 1,100 ft. west of the intersection
of Midlothian Turnpike and Wadsworth Road. T.M. 28-2 (1) parcels 4, 5 6-1.
(Sheet 8.) '
The applicant not being present and having missed the previous meeting, it
is on motion of Mr. Horner, seconded by Mr. O'Neill resolved that this request
be and it hereby is denied.
Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill.
74S074
Mr. Alfred L. Brown, Sr. comes before the Board requesting a Conditional Use
to permit the operation of a Private Hunt Club on a parcel of land of irregular
shape, fronting approximately 250 ft. on Clay Point Road extending southwardly
to a depth of approximately 100 ft., and being located approximately one (1)
mile northwest of the intersection of Clay Point Road and Qualla Road. T.M.
63 (1) 12. (Sheet 21.)
Mr. Horner states that he has a letter from Mrs. Virgil Marks opposing this
request. Mr. Marvin Garner comes before the Board stating that he is opposed
to this request because it is not a hunt club but a social club and that there
is no land to hunt on and feels that this club should be situated where hunting
is readily available.
Mr. Brown is concerned about what he can do with this property. Mr. Hornet
states that he could apply for some other use. Mr. Brown inquires if he would
have to pay another fee for requesting another conditional use. Mr. Hornet
states that if it is applied for in the near future and if he gets the consent
of his neighbors, the Board could possibly waive the fee.
On motion of Mr. Horner, seconded by Mr. O'Neill, it is resolved that this
request be denied as applied for.
Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill.
74S087
Newberry Corporation requests the rezoning from Residential (R-7) to Townhouse
For Sale (R-TH) of a parcel of land, containing 4.3 acres, bounded on the north
by Chippenham Parkway and on the south by Pocoshock Creek and located at the
southeast terminus of Newington Drive. T. M. 40-8 (1) 10-2 (Sheet 15).
It is stated that this is an expansion of the present development and further
expansion is not anticipated.
The Planning Commission having recommended this request for approval, it is
on motion of Mr. Horner, seconded by Mr. Myers, resolved that this request be
and it hereby is approved with Mr. Morner noting that the Board is not setting any
precedence in the area.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
74S091
Mr. Harry Johnson, representing Mr. E. J. Bell, requests the rezoning from
Agricultural (A) to General Business (B-3) of part (7 acres) of a parcel of
land fronting approximately 210 ft. along the south line of U. S. 360 and being
located approximately 750 ft. southwest of the intersection of U.~ S. 360 and
Clintwood Road. T.M. 48-16 (1) pt. of 5 (Sheets 13 and 20).
On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that this
rezoning request be and it hereby is approved subject to the conditions imposed
by the Planning Commission.
Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill.
74S093
Mr. E. M. Rawles, representing Rawles-Aden Lumber Corp., comes before the
Board requesting the rezoning from Agricultural (A) to General Industrial
(M-2) of a parcel of land, containing 15 acres, lying along the west side of
the Seaboard Coastline Railroad, and being located between Rt. 746 and Rt. 620.
T. M. 149-7 (1) 6-1 (Sheet 41).
Mr. Rawles states that this will be used for storage and distribution only for
his lumber company.
There appearing no one in opposition, it is on motion of Mr. Myers, seconded by
Mr. O'Neill, resolved that this rezoning request be and it hereby is approved.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
745094
Mrs. Alma Bostick requests a renewal of a Conditional Use to permit the
operation of a junk yard on a parcel of land located approximately 2,000 ft
southeast of the intersection of Briggs Road and U. S. 1/301 and better known
as 13101 Briggs Road. T.M. 116-11 (1) 5 (Sheet 32).
Mr. Edward Lewis comes before the Board opposing this request. He states that
the junk yard is drawing rats, etc. Mrs. Geraldine Jackson comes before the
Board and states that her children could get hurt in this area as it is close
to her house.
Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr. O'Neill,
resolved that this Conditional Use be extended for a period of one year by which
time the entire junk yard should be phased out.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
'74S096
Mr. Paul M. Smith requests a Conditional Use for a Planned Development to permit
a second dwelling on a parcel of land located opposite the intersection of
Rutledge Avenue and Hopkins Street and better known as 21300 Rutledge Avenue.
Lot 3, Block H, Orange Hill Resubdivision (Sheet 53/54).
Mr. Harry Montgomery comes before the Board opposing this request as he wants
his privacy, the house is located only three feet from his property line and
becuase of the parties. Mr. O'Neill states that Mr. Montgomery knew these
houses were there~when he purchased his land and that these houses have existed
on this property since 1955.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this
request be and it hereby is approved subject to the conditions recommended by
the Planning Commission.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
74S097
Mr. Marvin Garner comes before the Board representing Dr. Phillip Cook, who
requests Use Permit #70-33CS, which was granted to him on August 12, 1970,
be amended to permit construction of a 15 ft. addition on to his existing
dental office. This request is on a parcel of land located approximately
700 ft. east of the intersection of U. S. 360 and Pocoshock Boulevard
and better known as 7608 Hull Street Road. T. M. 40-5 (1) 2-1 (Sheet 15).
On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that this request
be granted subject to the conditions recommended by the Planning .Commission.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
74S098
Mr. Norman E. Wall, Sr. requests a Conditional Use to permit the keeping of
four dogs on a parcel of land located approximately 500 ft. northeast of the
intersection of Ida Avenue and Lucia Drive and better known as 2802 Ida Avenue.
Lot 15, Block B, Searcy Subdivision, Section 2 (Sheet 41).
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this request
be granted subject to the conditions recommended by the Planning Commission.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
74S056.
Miss Debra Bacon, representing her mother, Mrs. Peggy Co Bacon, comes before the
Board requesting a Conditional Use to permit the operation of a dog kennel on
several parcels of land located in the northwest quadrant of the intersection
of General Boulevard and Brandywine Avenue and better known as 2901 General
Boulevard. Refer to lots 32 through 38, BloCk 8, Central Park (Sheet 23).
Mr. Myers states that he feels seven dogs in one household is too many. He
also states that he has received calls~opposing this request.
On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this
request be and it hereby is denied.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
.Mr. Ritz introduces.a proposed amendment to the Subdivision Regulations stating
that no area shall be subdivided unless and until the area is inciuded'within
a residential, business or industrial district as defined by Section 2-1 of the
Zoning Ordinance of the County of Chesterfield, Virginia.
After'some discussion, it is on motion of Mr. O'Neill, seconded by Mr. Apperson,
resolved that this proposed amendment be referred to the Planning Commission.
AyeS: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Johnson comes before the Board and speaks on the economy of the nation and
on the feasibility of the proposed Regional Football Stadium. Mr. Apperson
states that he is on the Committee to study the feasibility and location of this
stadium and as of yet no definite plans have been made. Mr. Johnson states that
he is aware of a meeting on the Regional Football Stadium on September 5, and
asks if he has the Board's permission to attend and give his views. Mr. Apperson
states that it is entirely up to him and he sees no reason why he cannot.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that $1,603.00
be appropriated from the Unappropriated Surplus of the General Fund as follows:
$1,171.00 - Comp. of Judges, 11-050-1-2.0
432.00 - Comp. of Secretary, 11-050-109.0
Ayes: Mr. Horner, Mr. Myers and Mr[ Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board
accepts an agreement between the County and John J. Hanky, Jr. and authorizes
the Chairman to sign a save-harmless agreement with the Highway Department
for certain drainage easements that may be necessary to be acquired in the
Oakview Subdivision.
Ayes: Mr. Horner, Mr. Myers and Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board
accepts an agreement between the County and Realty Industries, Inc. and
authorizes the Chairman to sign a save-harmless agreement with the Highway
Department for certain drainage easements that may be necessary to be acquired
in the Courthouse Green Subdivision, Section "C".
Ayes: Mr. Horner, Mr. Myers and Mr. Apperson.
It is generally agreed that this Board hold the agreement with J. K. Timmons
for the development by Salisbury Corporation in Salisbury Subdivision H-5
as other solutions may be found.
On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that this Board
accepts an agreement between the County and Braemar Company and authorizes the
Chairman to sign a save-harmless agreement with the Highway Department for
certain drainage easements that may be necessary to be acquired in the Loch
Braemar development.
Ayes: Mr. Horner, Mr. Myers and Mr. Apperson.
The Honorable John H. Thomas comes before the Board stating that the Court
facilities at the Chesterfield County Courthouse are limited and are becoming
very inadequate. He states that he would like for the County to build a Court
Building beside the Juvenile Detention Home as it would also alleviate alot of ~
the traffic congestion at the Courthouse. He states that he needs about 9,000
square feet and recommends that a one story building be 'built with the possibilityI
of adding a second story later for the Probation Department. He states at present
he is able to hold Court two mornings a week and has been going into afternoon
sessions. He adds also that the dockets are getting longer and longer and that
with the population anticipated for this area, facilities existing will not be
adequate.
It is generally agreed that Mr. Burnett and Judge Thomas will explore a temporary
solution and look toward a permanent solution and work on a plan for financing,
the location, etc.
Mr. Painter states that there is a problem with a highway permit on Harrowgate
Road. He states that the Highway Department will allow an open cut on the
Road if the County would agree to pave 60'. He states that this would prevent
the County from having to bore the Road and could possibly save approximately
$10,000. Mr. Horner suggests that the Highway Department and the County get
together and consider splitting the cost. Mr. Puryear states that from past
history he did not think they would consider this. It is generally agreed that
Mr. Burnett should invite Mr. Borkey to come with Mr. Covington to the September
llth Board meeting and discuss this situation. Mr. Burnett states that he will
get in touch with Mr. Hodge to see if a workable solution can be found.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the
following resolution be and it hereby is adopted:
WHEREAS, the Trustees of the Virginia Supplemental Retirement
System by resolution passed on August 14, 1974, agreed to accept Chesterfield
County Policemen into the Virginia Supplemental Retirement System effective
September 1, 1974, for and in consideration of payment in cash of the funds
and assets of Chesterfield Policemen's Pension and Retirement Plan as on
hand September 1, 1974; and
WHEREAS, Chesterfield County also agreed to pay the employer cost for
providing such benefits, and agreed to the transfer of the assets of
Chesterfield Policemen's Pension and Retirement Plan to the Virginia Supplem~ental
Retirement System.
NOW, THEREFORE, on motion of Mr. O'Neill, seconded by Mr. Myers, be it
resolved that the Treasurer of the County of Chesterfield, to effectuate the
purposes of this resolution, be, and he hereby is, authorized and directed to
purchase the assets of the said Chesterfield Policemen's Pension and Retirement
Plan at values ascertained and determined as set forth below:
Land for General Fund, 11-20
Mortgages Receivable for County Workmen's
Compensation Fund, 19-20
$ 8,475.00
$ 26,352.86
Corporate Bonds
Common Stock
Preferred Stock
For Sewer Impr., Repl. &
Ext. Fund, 73-20
$149,036.00
54,236.00
104,100.00
$307,372.00
BE IT FURTHER RESOLVED, that on September 1, 1974, the Treasurer of
Chesterfield Policemen's Pension and Retirement Fund Plan be, and he hereby is
authorized and directed to pay over and deliver to the Virginia Supplemental
Retirement System the amount of cash funds on hand as of that date.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the Board
authorizes the engagement of a park planner for the four park sites of
Windsor Hills, Oak Forest, Ecoff School Site and Ettrick School Site, which
sites together will total approximately $2,000,000.
Ayes: Mr. Horne~, Mr. Myers and Mr. O'Neill.
Mr. O'Neill appoints Mrs. C. E. Holden of 41D0 Treely Road as a member of the
Bi-Centennial Committee. He also adds that he feels if citizens who could
contribute to the Committee are interested that each Board member not be held to
the three original appointments. It is generally agreed by the Board that if
such citizens are interested this Committee is flexible enough to allow addition-
al members.
On motion of Mr. Homer, seconded by Mr. Apperson, it is resolved that Tate and
Hill who submitted the low bid of $184,300 be awarded the lighting contract
for Rockwood Park.
Ayes: Mr. Horner, Mr. Apperson and Mr. O'Neill.
Mr. Ritz states that the Purchasing Departmmnt sought nine bids for the furnish-
ing and installation of two septic tanks and drainage fields and only one bid
in the amount of $6,667.40 had been received. It was generally agreed that this
matter be held until Mr. Welchons could study the situation as to another
solution and~if not~ possibly get another bid.
On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the purchase
of a diesel front end loader for the Drainage Department from the James River
Equipment Company, who submitted the Iow bid of $21,656 be and hereby is
approved.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this
Board authorize the payment of $1,089.32 to Mr. Morris Mason, County Attorney,
for the expenses in the purchase of land from Mr. Charles T. Clements, Powhatan
County, Virginia.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the follow~i
ing erroneous tax claims be and they hereby are approved for payment:
Robert D. Beasley
Floyd A. Childress
Robert B. Weeks
Hoppy Hobson Properties
Edward M. & JoAnne B. Mann
Raymond A. Strange
Roy E. Clark
1974 Personal Property
1974 Personal Property
1974 County License
1974 Personal Property
1974 Personal Property
1974 Personal Property
1974 Personal Property
Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill.
$ 6 80
55 08
7 50
87 42
35 70
46 58
17 68
Mr. Burnett states that the Mental Health Department is trying to receive a
grant to finance an Alcoholic Program which will be at no cost to the County.
On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the
Board authorizes the Mental Health Department to apply for the grant to finance
an Alcoholic Program for the County.
Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that"the
following requests for deed changes for the Industrial Park Proper~y be and
hereby are approved:
From Stinson Enterprises, Inc. to John Stinson, Jr. and
Judith Stinson, his wife.
From J. Dean Johnson to J. Dean Johnson and Kathleen C.
Johnson, his wife.
From W. Eugene Glen, Inc., a Virginia Corporation to
W. Eugene Clen.
Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.
Abstention: Mr. Apperson.
On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the
County accept $62,500 from the Manpower Consortium which money will pay for
approximately 25 enrollees in the program.
Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Burnett states that Mr. Pinckney Eve's request for a Variance at the last
meeting was for the building of two dwellings and not one. On motion of
Mr. O'Neill, seconded by Mr. Myers, it is resolved that the resolution passed at
the August 14, 1974, meeting be amended to read for the building of two
dwellings in lieu of one dwelling.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Myers states that he has received the results of a questionnaire sent to the
businessmen of Chester, which questionnaire showed that by a ratio of 24 to 2,
the business community of Chester wanted present Route 10 widened and improved
and states further that he thinks planning should be started immediately
to construct this improvement.
After some discussion of this matter, it is on motion of Mr. Myers, seconded by
Mr. Apperson, resolved that this Board request the Highway Department to start
planning immediately to four lane Route 10 from Route 1 westwardly to the
present four lanes of Route 10 west of Chester.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
Mr. Burnett and Mr. Manuel present the Board with the proposed plans for the
new office building. Mr. Burnett states that he will ask Mr. Falwell to look
over these plans and also to get some ideas. It was generally agreed that the
Board and staff have a work session after the plans have been seen by all.
The Board discusses the possible sites for locating junk cars. The County
Dump, the abandoned Land Fill at Fort Darling and the five acres behind Safety
Town were discussed.
Mr. Apperson states that this Board has been waiting on State officials to dis-
cuss the disposition of Convict Camp 13 on Route 604 and now it appears,
according to the press, that the State is planning to change Camp 13 into a
Receiving and Diagnostic Center. He believes that we need to know what is
being planned because citizens in the area are concerned about this situation.
Upon consideration whereof and on motion of Mr. Apperson, seconded by Mr. Myers,
it is resolved that this Board set September 11, 1974, at 7:30 p.m. for a
public hearing on the future of Camp 13 and invite State officials to be
present to explain what is being planned and to answer any questions pertaining
to this matter.
Ayes: Mr. Horner, Mrs Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this
Board authorize the acceptance of a demand note from Mr. George Harvey for the
payment of a share of a drainage project at Reymet Road and Route 95 at some time
in the future.
Ayes: Mr, Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this meet-
ing is adjourned at 7:30 p.m. to 9:00 a.m. on September 11, 1974.
Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
~r in G. ~o~h~r, Chairman
M. W. Burnett, Secretary