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08-09-1972 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County~held at the ~urthouse on August 9~i972 at 9:00 Present: Mr. Irvin G.Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J.Ruffin Apperson Mr. E.Merlin O'Neill Absent: Mr. A.J.Krepela Mr.Burnett gives the invocation. Also Present: Mt.Morris Mason, Asst. Comm. Attyo Mr. M.W.Burnett9 Exec. Sec'y. Mr. John E. Longmire, Asst. Exec. Sed'y. Mr. Robt. A. Painter~ Co. Eng. Mr. David ~elchons, Asst. Co.Eng. Mr. Michael Ritzy Co. Planner The Board of Supervisors this day approved all claims presented to %he County for the month of July~ 1972~ and authorizes the Treasurer of the County to issue warrants as follows: 'General County Fund Check No. 48198 -~48325 $195,380.83 County Library Check No. 48289 - 48324 Garage Check No. 48296-48301 County Storeroom Check No. 48302,48303,48304 496.92 217.26 50.35 Social Services Check No. 20837 -21263; 48103-48138; 48139-48197 48330-48441 77~032.26 Nursing Home Check No. 48308-48329 1~965.08 Payroll Deduction Check No. 48314~48315 Water Revenue Fund Check No. 6659-6663 Water Operating Fund Check No. 6620-6673 23~091.80 37.40 2,436.31 Water Improvement Fund Check No. 6630-6652 Water Meter Deposit Fund Check No. 6664 - 6672 67~991.~7 265.00 Water Meter Int. Fund Check No. 6646 - 6658 Central Stores Check No. 6622, 6631, 6650 and 6655 423.41 10,~189.,64 Sewer Refund Revenue $7.00 Check No. - 6663 Sewer O.peratinq Fund Check No. 6625, 6626, 6633: 6644,6645, 6651~6653 and6657 595.54 State Sales Tax Check No. 6619 5.56 On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes of July 10, 26, 27 and August 7, 1972, be and they hereby are approved. Mr. W. C. Stanley, Supt. of State Forestry and Mr. Crockett Morris, Assistant, com~e before the Board to present a check in the amount of $14,796.29, the same being one-fourth of the proceeds of the sale of timber from the Pocahontas State Park. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following water contracts be and they hereby are approved: W72-65D Chesterbrook Farms $22,230.00 W72-58CD Archway, Section C 54,980.00 W72-59CD Genito Estates, Sec. "C" 11,944.75 W72-63CD Chestnut Hills, Section "C" 24,531.00 W72-60CD Route 360-Funeral Home 3,630.00 W72-32CD Belmont Road to Foxfire Apts. 19,444.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a contract with the A~erican Tobacco Company for the extension of water lines along the Enon Church Road to said Company in the Total amount of $21,800.00 with the Tobacco Company paying $70,000.00 plus meter cost and the County paying the remainder, be and it hereby is approved, subject to the approval by the Common- wealth's attorney. ?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 following sewer contracts be and the same are hereby approved: $72-41D Route 360 Funeral Home $6,071.50 S71-36CD Courthouse Green 82,651.00 S72-43CD Interstate Store-Turner Road 30,331.75 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. There was a brief discussion of the necessity for acquiring easements for the planned apartments on the Home Brewing Company property, lying betweeh Rt. 60 and Jahnke Road. It was agreed that the County would assist in acquiring the easements if at all possible. iA discussion was held concerningthe necessity for acquiring easements for i the drainage of property at the intersection of Route 60 and Route 147 and it was agreed that this matter be studied further. !~!On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the i!Agreement, S72-9CD for the installation of sewers on the River Road E i Subdivision be a roved ' · states ii th ......... , PP.. with the developer paying all of the cost other than ~.~ = u¥~ze mains through this subdivision. i/Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. iOn motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the plan i!for furnishing sewer service to the falling Creek drainage area, north of [Route 60 be approved, subject to the possibility of the relocation of the pumping i[station downstream approximately 600 feet if further negotiations are successful. ilAyes: Mr. Horner, Mr. Apperson, Mr. Myers and Mr. O'Neill. !1 tllltles in regard to the construction of the Cou/%ty Airport were discussed iland it was generally agreed that bids be re uested fo ' i sewer mains as s ............. q r the ~nstallation of i! v~ =~ posslo±e to zacmlltate the construction of road work. !On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the ilC . i~ ounty Engineer be authorized to award one -~ewer connection to the Malvern i!!Construction Company in Centralia Gardens. ! Ayes: Mr. Hornet, Mr. Myers ~ , Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the budget for the Secondary roads in Chesterfield County in the amount of $2,205,000 be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the Highway Department be and it hereby is requested to study the traffic signs in the area of Curtis Street in the Village of Chester with a view to changing traffic patterns, site distances and the number of accidents and make such changes as are necessary. "Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the Highway Department be requested to get a price on improving the drainage at Rochelle and Woodald Streets in the Trueheart Subdivision. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this Board requests the Highway Department to hard-surface Graves Road, Route 630 between Routes 602 and 626. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this Board requests the Highway Department to paint center lines on Route 621, between Routes 360 and 602. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this Board request the Highway Department to study the possibility of reducing speed limits for truck traffic only, on Route 621, between Routes 3~60 and 602. 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 following resolution be adopted: WHEREAS, the Virginia Department of Highways has prepared and submitted to Chesterfield County a map indicating an Interim Federal and Urban System for the Richmond Area Transportation Study; and WHEREAS, the County administrative staff has reviewed the map of the Interim System and the limits of the System and approves of the Interim System within the given limits but finds that the limits of the System do not include all of the urban and urbanizing areas of the County in the Richmond Area Transporta- tion Study: and NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors approves of the Interim System, however, requests that the limits of the System be expanded to include all of the County within the Richmond Area Transportation Study. AND BE IT FURTHER RESOLVED, THAT the Executive Secretary be authorized to sign the map indicating the County's approval of the Interim System. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Warren of the Highway Department, presented a plat showing certain segments of roads to be abandoned during the relocation of Route 653 between Route 60 and Route 360. ' On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the Engineering Department and the Planning Department be requested to review the recommendations of the Highway Department and make a report to this Board as to the effect on the County of these proposed changes. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this Board extends to the Highway Department its compliments on the construction of Route 653 and the great benefit that accrues to the County on the completion of this road. Ayes: Mr. Horner, Mr. Myers Mr. Apperson and Mr. O'Neill. The Erosion Control Ordinance was presented to the Board of Supervisors for discussion and Mr. Prosise states that he does not like the plan drawn by the Commonwealth,s Attorney because administration of this ordinance should lie more with the Engineering Department. Mr. John Davenport, executive Vice-President of the Home Build%ers ' of Richmond, states that he and his committee have reviewed the proposed ordinance and requested a 60-day delay in order that his committee could get with Mr. Prosise t° incorporate several additional suggestions. Mr. Prosise suggested 30 dyas. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this discussion be delayed until the 27th of September. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. J..K. Timmons speaks for himself and the Home Builders in which he cites :~ the legality of acquiring easements for off-site drainage presently demanded by the Highway Department. He presented a letter from counsel citing the problems involved in individuals condemning land for an easement and states that it would be virtually impossible to operate under this procedure. After some discussion of this matter, and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that a plan of financing and legal procedures which will be effective and be no cost to the County, be proposed by the Executive Secretary in conjunction with others in this area. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mrs. Hunter M. Crouch comes before th~ Board seeking a Variance on Lots 66 and 67, of the Cameron Hills Farms, and states that it will be virtually impossible to get sufficient easement to widen the road and requested a Variance to allow the use of this property. After some discussion, it was generally agreed that Mr. Myers would contack Mr. and Mrs. Beckwith to ascertain the ownership of the property in the area and their willingness to have the road widened. It was cited that the Bonny Kay Bus Lines seeking a franchise for a common carrier of passengers in portions of Chesterfield County would be heard by the State Corporation Commission on September 6, 1972. Mr. J. D. Williams, Deputy Delinquent Tax Collector, requests the right to use Professional Data Services, Inc. on the collection of Delinquent Personal Property from citizens who have moved away from this local area. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board authorizes the turnover of certain delinquent Personal Property~accounts to the Professional data Services when in the opinion of Mr. Williams the County will benefit. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On the motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $34,744.50 be paid as the County's one half share of the capital and operating expense at the John Tyler Community College ~r the fiscal year.1972-73. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the erronedus-,tax claim of Richard Stephenson in the amount of $36,00 be and it hereby is approved for payment. Ayes: Mr. Horner, Mr,.Myers, Mr. Apperson and Mr. O'Neill. 72-58C Mr. James Hubbard, representing Mr. Archie E. Priddy, comes before the Board requesting the rezoning from Agricultural (A) to General Business (C-2) of a parcel of land of irregular shape, containing 10.5 acres, fronting approx-' imately 577 feet on Midlothian Turnpike (Rt. 60) approximately 547 feet on LeGordon Rd, and being located in the southwest quadrant of the intersection of the aforementioned roads in Midlothian Magisterial District. Refer to Tax Map Sec. 15-11 (1) parcel 4-1; 15 (1) parcel 15-1. There appearing no one in opposition to this request and the Planning Commission having recommended C-1 zoning instead of C-2, it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the aforementioned parcel of land be and it hereby is rezoned for C-1 purposes. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-16U li Mr. Richard Allen, representing the firm of Allen and Cole~ again comes before the Board requesting a Use Permit to construct and operate.a business office i!and a savings and loan office on a parcel of land of irregular sha e containin /10 7 P , g i . 5 acre, fronting approximately 380 feet on Cogbill Road (Route 638) approx- I imately 165 feet on Hopkins Road (Route 637), and being located in the'Southeast ilquadrant of the intersection of the aforementioned roads ii .......... in Dale Magisterial iiUlS=rlct. ~e~er to Tax Map Sec 52 12 (3) lot lA !~ It was cited that the neighbors in the area did n ' I - · ot know of this request. .!upon consideration whereof, and on motion of Mr. Apperson, seconded by iMr. Myers, it is resolved that this matter again be deferred to August 23, 197~ .iat 2:00 P.M. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-26U Mr. John Thomas, representing Mr. E. L. Holcomb comes before the Board request_ ing a Use Permit to operate an electrical contracting business on a parcel of'land, containing approximately .25 acre, fronting 80 feet on Stanley Drive extending southeastwardly to a depth of 1.50 feet and being located approximately 70 feet southwest of the intersection of Stanley Drive and North Chesterwood Drive, ahd better known as 4415 Stanley Drive in Dale Magisterial District. Refer to Tax Map Sec. 52-11 (5) Blk. B, lot 10. Mr. Thomas states'that no one of the adjoining ~roperty owners has objected and Mr. Holcomb plans to reduce his.work force in the future. Mrs. W. H. Flippen states that the Chesterfield Civic Association opposes the Use Permit, that such a request violates the restrictions written in the deeds and presented a petition with 166 names against this Use Permit. Mr. Holcomb states he has been there 17 years and does not want to move but will have to if he does not get the Use Permit. Mrs. Goode, who lives next door to Mr. Holcomb states that his trucks do not make any noise and that she has no objection to the continuation of his business. Mrs. Angel who lives in front of Mr. Holcomb states ahe has no ob3ections. Mr. Apperson states that since the business has been open for some years and that no one has really complained, that he is somewhat at a loss to under- stand why some of the people are now complaining. Upon further consideration of this matter, and on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that a Use Permit to operate an electrical contracting business on the aforedescribed parcel of land be granted with the following restrictions: 1. All business activiey including t~e storage of materials, equipment and supplies, repair work and sales shall be confined and limited to lot.10 of Block B in North Chesterwood Subdivision. 2. Hours of operation shall be restricted to between 7:30 A.M.to 6:00 P.M. Monday through Saturday. No Sunday operation shall be permitted. 3.No outside storage of parts, materials supplies equipment or tools shall be permitted. ' ~ ' 4. No sign shall be permitted. Ayes: No new structure or additions to any existing building shall be permitte~. The permit shall be granted for a period of one year. Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-80C Mr. Paul Sharpe, representing Realty Industries, Inc. comes before the Board requesting the rezoning from Agricultural (A) to esidential (R-2) of a parcel R ' of land of irregular shape, containing approximately 97 acres, fronting 1,214.95 feet on Reams Road, extending southwardlv to a depth of approximately 4,060 feet, and being located approximately 1,630'feet southeast of the inter- section of Reams Road and Courthouse Road (Rt. 653) in Clover Hill Magisterial District. Refer to Tax Map Sec. 27-7 (1) part of parcel 1 and 27-11 (11) parcel 2. , There appearing no one in opposition to this request, and the Planning Commission having recommended approval, it is on motion of Mr. Horner, seconded by Mr. Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned for Residential-2 Purposes. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-81C Mr. William Clarke, Representing Mr. Forrest L. Vaughan, comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-l) of a parcel of land, containing 18.65 acres, fronting 354.49 feet on River Road (Rt. 36) extending southwardly to a depth of 673.61 feet and being~cated approximately 150 feet southwest of the intersection of River Road and Penmar Drive (Route 721) in Matoaca Magisterial District. Refer to Tax Map Sec. 185-4 (1) parcel 7. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it ~s on motionof Mr. O'Neill, seconded by Mr. Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned for Residential (R-l) purposes. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-84C Mr. J. Rowe, representing Mr. Robert D. Vieno, comes before the Board requesting the rezoning from Agricultural (A) to General Business (C-2) of a parcel of land of irregular shape fronting approximately 350 feet on Midlothian Turnpike (Rt. 60), extending northwardly to a depth of approximately 940 feet and being located approximately 550 feet west of the intersection of Midlothian Turnpike and Fairwood Drive in Midlothian District. Refer to Tax Map Sec. 28-3 (1) parcel A. Upon consideration of the fact that Mr. Krepela is absent, it is on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that this request be deferred until August 23, 1972 at 2:15 P.M. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-85C Mr. John Moore, representing the C & P Telephone Company Comes before the Board requesting the rezoning from Agricultural (A) to General Business (C-2) of a parcel of land of irregular shape, containing approximately 5½ acres, fronting 549.66 ft. on Turner Road, extending westwardly to a depth of 421.77 ft., and being located 539.45 feet south of the intersection of Turner Road (Route 650) and Hull Street Road (Rt. 360), in Clover Hill Magisterial District. Refer to Tax Map Sec. 40-2 (1) parcels 9, 10, 5-3, 5-8 and part of parcel 11. There appearing no opposition to this request, and the Planning Commission having recommended C-2 zoning, plus a Use Permit for parking for that part extending from the zoning district line to the Dry Branch, it is on motion of Mr. Horner, seconded by Mr. O'Neill, resolved that the entire parcel be rezoned for C-2 as originally requested. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-28U Mr. Robert M. Lehman comes before the Board requesting a Use Permit to operate a rubber 'stamp business on a parcel of land of rectangular shape fronting approximately 100 feet on Ken Drive, approximately 150 feet on Par Drive, and being located in the east Quadrant of the i~ltersection of the afo~e- mentioned roads and better known as 4818 Par Drive in Bermuda Magisterial District. Refer to Tax Map Sec. 115-5 (3) Blk. D lot 3, Hillandale. Mr. Lehman states th~ there will be no odor and there is no opposition. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that a Use Permit to operate a rubber stamp business On the aforedescribed parcel of land be and it hereby is approved for ~ period of two years, provided there will be no advertising signs, outside storage nor pick-up service at the property. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-29U It was cited that the following application had been made: In Midlothian Magisterial District Astec Corporation requests a Use Permit to operate a day care center on a parcel of land of rectangular shape, containing 1.2 acres, fronting 230.0 feet on McRae Street, extending southwestwardly to a depth of 195.8 ft. and being located approximately 225 ft. south of the intersection of McRae Road and Kenwin Road, and better known as 2110 McRae Road. Refer to Tax Map Sec. 10-10 (4) Blk. 12, lot 2, Bon Air, and that Mr. Krepela was not present at this time and had asked that this matter be deferred. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this request be deferred to August 23, 1972 at 2:30 P.M.. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-3OU on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the request to withdraw 72-30U be and it hereby is accepted. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the agreement between the Townhouse Manor Apartments, Inc., and the County of Chesterfield relating to the use of the various properties for Townhouse purposes on Route 60 at Robious Road, be, and it hereby is approved and a copy of said agreement is filed with the papers of this Board. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Hornet, seconded by Mr. Apperson, it is resolved that Mr. Noel E. Carmichael, Route 3, Chesterfield, Virginia, be and he hereby is appointed to the Board of Social Services of Chesterfield County for a term of four (4) years, effective July 1, 1972. 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 Judge of Circuit Court, the Honorable Ernest P. Gates, be requested to appoint Charles Warren Hall, Sr. as a police officer for the County of Chesterfield for a period from September 1, 1972 through October 31, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. There were presented bids for paving the Nursing Home road, drainage improve- ments near the Bolice Department and sidewalk completion, and the low bidder was the E. G. Bowles Company. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that said bid be awarded to the E. G. Bowles Company at an amount not to exceed $14,737. 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 resolution of the School Board dated July 26, 1972, requesting the transfer of $223,000, the same being Title III-Elementary-Secondary Act Funds be accomplished by increasing the revenue account 41-000-681.8 and increasing Expenditure Functions 41-439-000, the siad sum of $233,000. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. There was read a letter from Mr. Marshall W. Cole, Jr., who offered to purchase from the County a lot approximately 3.20 acres in the Industrial complex at $10,000 per acre. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board request the Commonwealth's Attorney to seek approval of the Judge of Circuit Court to allow the sale to be consummated.~ 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 resolution on the establishment of a Council on Drug Abuse Control (Codac) is hereby adopted as follows: WHEREAS, the incidence of dru~ abuse has be~n well-documented in our community and attained high priority among this area's concerns~ and WHEREAS, the efforts of the Council On Drug Abuse Control (CODAC) working through the Richmond Regional Planning District Commission are praiseworthy and have presented our citizens with a concerted attack on this critical problem~ and WHEREAS, recent statements by the Attorney General, which, in his capacity as a member of the Criminal Justice Council would prohibit CODAC's receiving funding from such agency constituting three-fourths of its current budget: and WHEREAS, a resolution passed on July 13, 1972 by the Richmond,Regional Planning District Commission requested the area's local governments to exercise joint powers granted to them under Selection 15.1-21 of the Codes of Virginia, 1950 as amended: NOW, THEREFORE, BE IT RESOLVED, that the County of Chesterfield, subject to the adoption of concurring resolutions by the City of Richmend and the Counties of Charles City, Goochland, Hanover, Henrico, New Kent and Powhatan, consents to the following items: SECTION 1. It is the intention of the said governing bodies to jointly exercise their powers (under Ch. 1, Title 15.1, Code of Virginia, 1950) for the purpose of planning and coordinating drug abuse control activities throughout Planning District Fifteen, and for thepurpose of establishing a joint board to administer the program. SECTION 2. Such joint exercise of powers shall be accomplished pursuant to an agreement to be known as the CODAC Compact, the terms of which are as follows:~ CODAC COMPACT There is hereby created by the City of Richmond and the Counties of Charles City, Chesterfied, Goochland, Hanover, Henrico, New Kent, and Powhatan, Virginia, the Council on Drug Abuse Control (CODAC), which shall exist under and be subject to the terms and conditions of this Compact, which shall be deemed to constitute the agreement required by Selection 15.1-21, Code of Virginia, 1950, as amended, for the joint exercise of the powers of the parti- cipating political subdivisions. SECTION 1. DURATION The Council on Drug Abuse Control, hereinafter known as CODAC and this Compact shall exist in perpetuity, subject, however, to dissolution under one of the following conditions: a. At any time, by agreement of the governing bodies of all of the participants herein. b. On June 30 of any year, in the event the governing body of any participant desiring to withdraw shall have notified each of the governing bodies of other participants of its intent to withdraw, on or before the preceding December ].~ The notice provided for herein shall be in writing. SECTION 2. BOARD OF DIRECTORS There is hereby created the CODAC Board, which shall be composed of appointees of each participating governing body on the following basis: ill City of Richmond County of Charles City 10 1 County of Chesterfield County of Goochland County of Hanover County of Henrico County of New Kent County of Powhatan Four ~4) additional members will be appointed from P~ 15 at large by the above 26 governmentally appointed members. a. Organization - The Board shall conduct its annual meeting each December, at which meeting it shall elect its Chairman, Vice-Chairman, and such other officers as to it may deem appropriate. It shall, at each annual meeting, adopt a proposed operating budget for CODAC for the ensuing fiscal year, which shall commence on the following July and terminate the June 30 thereafter. The Board shall fix such other meeting times as i~ deems necessary. It shall keep written minutes of meetings at which actions are taken. Roberts Rules of Order, Newly Revised, shall govern the conduct of its meetings, provided that the Board may adopt such modifying rules of procedure as to it seems appropriate. b. Powers of the Board - The Board shall have the following powers and duties.: 1. To thoroughly investigage the extent and scope of all problems relating to narcotics and drug abuse within Planning District 15: to survey present and potential facilities and services available in state and local, public and private, agencies, institutions, and associations which can be cooperatively applied to the solution of existing and anticipated problems. 2. To coordinate, mobilize, and utilize the research and public service resources of higher education, government, business, industry, and the community at large in the understanding and solution of these problems. 3. To promote continuous public support and the environment and public attitude necessary to develop and maintain maximum effectiveness in the performance of its authority and responsibility. 4. Consistent with Virginia planning legislation regarding review and comment procedures of Planning District Commissions, and those programs developed and being developed by the Virginia Drug Abuse Control Council, the Council on Criminal Justice, and pertinent state and federal agencies, and in cooperation with those councils and agencies, to cormulate a comprehensive plan for the long range development, through utilization of federal, state, local, and private resources, of adequate programs, services, and facilities for drawing together into a unified and cogrdinated effort all research, prevention, control, treatment, rehabilit&tion, and law enforcement activities for the prevention and control of narcotics and drug abuse, and for the diagnosis, treatment, and control of narcotics and drug abuse, and to revise such plan from time to t~me. 5. To promote, develop, establish and coordinate unified programs and activities to accomplish the objectives of the foregoing. 6. In cooperation with the Virginia Drug Abuse Control Council, to provide for the dissemination of information and the collection and encouragement of research related to narcotics and drug abuse prevention and control, and to e~tablish an information, collection, and dissemination network within the frame- work of existing federal, state, local, public and private agencies and institu- tions having access to reliable information upon which enlightened policy decisions can be formulated and implemented. 7. To survey, analyze, and plan programs, services institutions, or facilities for the study, care, treatment, rehabilitation, and after-care of persons involved in the use of narcotics and dangerous drugs. 8. To seek, receive, take, hold, and use for the purposes herein, any and every grant, gift, devise, or bequeath made to CODAC for drug abuse control. 9. To make and enter into all contracts and agreements necessary or incidental to the, performance of its duties and the execution of its powers. 10. To provide for the making of an independent annual audit, as well as to open its books for interim audits by the participating local jurisdictions on a request basis at any time. SECTION 3. PURPOSE It shall be the expressed purpose of CODAC to strengthen local govern- ments and other quasi - or non-governmental agencies or groups in combating the drug problem by providing those planning and coordinative activities to assure a unified and concerted program within Planning District 15. SECTION 4. FINANCING AND BUDGET The Board shall designate a chief financial officer from one of the participants to act as its fiscal agent. The Board ~hall provide for the manner in which and by whom disbursements ~ay be authorized, provided, that it shall ensure that the disbursement authorization ~ystem of the fiscal agent is employed. a. Capital Assets and Expend~.~u.res Office Space - The Board may contract for its location needs. In the event office space is furnished by a participating jurisdiction, the Board shall determine the method by which payment and/or credit for the furnishing of physical facilities shall be given, provided, however, that such method, and the proposed amount of such payment and/or credit, shall be subject to the approval of the governing bodies of each of the partici- pants. Improvements becoming a part of the offices shall be provided for in the same manner. 2. 'Equipment - The Board shall, from time to time, as it deems it necessary, approve a schedule of equipment requirements, providing for non-expendable equipment costs and a method of apportioning such costs among the participants, and submit it to the governing bodies of the participants withthe approved operating budget. b. pperati.Dg Expenses .The Board shall be responsible for the annual preparation of an operating budget, and shall submit its approved proposal to the governing bodies of the participants not later than January 1 of each year. Upon receipt of notice of appropriation by the participants, the Board shall make such adjustments in the proposed budget as may be necessary. The operating budget, and the appropriations, shall take into account and give credit for goods and services furnished in kind by a participant, at such fair value to CODAC, as may be mutually agreed upon. ! SECTION 5. TERMINATION AND DISPOSITION OF ASSETS Termination of ~is cooperative endeavor shall occur only as is provided for in Section 1~ in the event this agreement and compact is terminated, payment and/or credit for the furnishing and use of real property owned by a participant shall be adjusted ratably to the date of termination. All property shall be scheduled and valued by or at the direction of the Board and distributed in kind to the participants as nearly as is feasible in the same proportion as they contributed to acquiring it, provided, however, that one or more participants may purchase the interests of one or more others in the property. This charter shall tkae effect upon approval of the participating jurisdictions by resolution of their respective governing boards~ and by the attesting of the authorized signatories. SECTION 6. LIABILITY Each participating jurisdiction's liability under this Compact is hereby deemed to be limited to the degree to which that jurisdiction would have been liable had it undertaken such activity on its own. While aPDropriate insurance and surety bonding as deemed by the Board is required under this Compact, the liabilities incurred as cash or in-kind match required for federal funding will accrue to the individual localities on a prorata basis. No locality will be liable for another's share of such obligations. 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 drainage crew of the County be requested to clean out ditches from Cascade Street eastwardly to Upp Street. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that under the 1972 Amendment of Section 14.1£5 of Code of Virginia, the authorized travel expense by private transportation be increased from 9¢ per mile to 10¢ per mile. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the Executive Secretary write to the Youth Group of the United Methodist Church in Matoaca commending them on the clean-up campaign recently conducted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Apperson and Mr. O'Neill. AN ORDINANCE to vacate the unimproved portion of a 50-foot road rights-of-way lying between Courthouse Road and Cottonwood Road and being 382 feet in length, one-half of which, is shown On a plat of Central Heights, duly recorded in the Clerk's Office of the Circuit Court in Plat Book 9, page 99, and one-half of which is shown on a plat of Lake Crystal Farms, Section D, duly recorded in the aforesaid Clerk's Office in Plat Book 13, pages 78 and 79, said road being d~signated on both plats as Lucks Lane, and said road to be vacated being more particularly described on a compiled plat, made by Bremner Youngblood, Sharp, Inc. dated March,3, 1972, a copy of which is attached hereto and made a part hereof by this reference. WHEREAS, Raymond W. Koch and Christal B. Koch, have petitioned the Board of Supervisors of Chesterfield County, Virginia to adopt an ordinance after legal notice and a public hearing which would vacate that portion of an unimproved road 382 feet in length between Courthouse Road and Cottonwood Road and being designated as Lucks Lane, said portion of road right-of-way to be vacated being shown on a cop~ of plat made by Bremner, Youngblood, Sharp, Inc. dated March 3, 1972, a copy of which is attached hereto and made a part hereof by this reference and being more particularly described as .follows: LUCKS LANE commencing at the intersection of its north lime With the east line of COurthouse Road and running thence N.89O 22' 30" E. a distance of 382 feet to the west line of Cottonwood Road: thence S. 0o37' 30" E. a distance of 75 feet to a point~ thence along the curve of an arc having a radius of 25 feet in a northwesterly direction a distance of 39.27 feet to a point: thence S.89°22' 30" W. a distance of 332 feet to a point: thence in a southwesterly direction along the c~rve of an arc having a radious of 25 feet a distance of 39.27 feet to a point~ thence N. 0037' 30" W. a distance of 75 feet to the point of beginning, and WHEREAS, notice of the adoption of this ordinance has been given in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: 1. That pursuant to Section 15.1-482, of the Code Virginia, 1950, as amended, that portion of Lucks Lane as described above and as shown on the copy of the attached plat, be and it hereby is vacated EXCEPT, however, the Board of Supervisors of Chesterfield County, Virginia, do hereby RESERVE AND RETAIN a 30 foot wide permanent easement for overhead and underground utilities and drainage as shown on the said plat. 2. This Ordinance shall be in full force and effect in accordance with' Section 15.1-482 of the Code of Virginia, 1950 as amended, and a certified copy thereof, together with the plat attached, shall be recorded in the Clerk's office of the Circuit Court of Chesterfield County, V~rginia. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. WHEREAS, the Preston Motor Lines has requested the construction of a roadway beginning at a point on Route 613, 0.12 of a mile west of Route 725, 0.31 mile southwardly and thence eastwardly approximately 0.10 mile, to assist in the location of a plant that will involve the investment of $400,000 to $500,000: and WHEREAS, such a roadway would serve approximately 80 employees and the the travelling public which would have approximately 60 to 70 auto trips per day, plus approximately 60 truck trips per day: and WHEREAS, the dedication of rights-of-way for this proposed road has been agreed to in writing, which right-of-way involves the moving of no public utilities; and WHEREAS, the proposed plant is scheduled to begin operation on March 1, 1973 and WHEREAS, it would appear that the Highway Department is involved in certain drainage coming from other roads in the County, NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Myers, seconded by Mr. O'Neill, that this Board of Supervisors requests the Highway ~epartment to construct a suitable roadway to this new plant to be financed by the Industrial Access funds of the State Highway Department. 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 Board go into Executive session. Reconvening: Mr. Myers made the following motion which was seconded by Mr. Apperson: WHEREAS, 1-95 from Richmond to Petersburg was constructed a:very short tome before the Federal Interstate Program would have financed said construc= tion; and WHEREAS, the citizens of this area should not be forced to pay tolls to travel on an interstate road when all other interstate roads in Virginia are toll free; and WHEREAS, it is believe~ that some arrangements can be made with the Federal Government to finance the improvement of 1-95, so drastically needed, or that changes in Federal funds for the project when funds are available even if it is commenced as a Toll facility. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Chester- field County, Virginia, that the Virginia State Highway Comamission and Mr. Douglas Fugate0 the Highway Commissioner, be respectfully requested to contact Federal Officials, explain the 1-95 situation in the Richmond Metropolitan area and seek Federal relief which the citizens of.the area have a right to expect. Mr. ADDerson states that people in the area feel cheated when they know all other areas have free roads. Mr. O'Neill states that he would vote for it but it was not strong enough, that he has no idea that two lanes will be the ultimate answer of the Toll road. Mr. Horner states that the 1976 Centennial will bring in more traffic and something should be started soon~ that the ~ederal laws should be changed to allow the proposed improvements to be paid for by Federal funds. Mr. Myers states that we are not stopping plans for the Toll Road, we are starting today to convince the Highway Department to recognize the need for the roadway in this area. 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 Board adjourns at 7:00 P.M. to 1:00 P.M. on August 23, 1972. Ayes: Mr. Horner, Mr. Myers, Mr.Apperson and Mr. O'Neill. ' / ' E~edutive Secretary