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11-22-1972 Minutes IRGINIA: At an adjourned meeting of the oard of Supervisors of Chesterfield County, held at the Courthouse on November 22, 1972 at 1:00 P.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 Also Present: Mr. Morris ~lason, Asst. Comm. Atty. Mr. M. %~. Burnett, Co. Administrator Mr. Robt. A. Painter, Co. Eng. Mr. David Welchons, Asst. Co. Eng. Mr. William Prosise, Asst. Co. Eng. Mr. Michael Ritz, Co. P~nner Mr. Stan Balderson, Senior Planner Dr. Morton Horowitz, County Psychologist, explains the Mental Health Program which he is trying to establish. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board go into Executive Session. Ayes: Mr. Homer, Mr. Myers, I~r. Apperson Mr Krepela and Mr. O'Neill R~-~conveni ng: It is on motion of i~r. Apperson, seconded by Mr. Myers,, resolved that the l~'minutes of November 6 and 8, [972, be and they hereby are approved. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.. 72-34U The Request of Mrs. Jane S. Scott for a Use Permit to operate a crafts and antique shop at Trabue's Tavern on Old Buckingham Road is withdrawn. Mr. Krep~la states that the property is valuable to Chesterfield County, was built in 1780 and should be restored as an historical landmark in the County. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this withdrawal be accepted. Ayes: l, lr. Horner, Mr. Myers, [~ir. Apperson, Mr. Krepela and Mr. O'Neill 72-91 The Parkwood Land Company, represented by Mr. Douglas Bobbitt, comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-l) of a parcel of land of rectangular shape fronting 728.0 feet on Elmart Lane, extending northwestwardly to a depth of 429.44 feet and being located approxi- mately 1,390 feet south of the intersection of Elmart Lane and Elkhardt Road (Rt. 635) in Clover Hill Magisterial District. l:%efer to Tax Map Sec. 28-16 (2) lots 2 to 8, Ellis Heights. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of ~ir. Hornet, seconded by ~<r~ Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned to Residential (R-l) Aves: Mr. Horner, Mr. Myers, ~.lr. Apperson, Mr. Krepe!a anc~ Mr. O'Neill 72- 4 !________U The Creative Countrv~ Day ~,cLooz~' ' "again asked a deferment and a re-a,.~ver~s~ ' ' ' ~nt -~ - of its request for a Day Sckool and ~[ecreationat facility in Chester. Upon consideration whereof, and on motion of Mr. ~lyers, seconded by Mr.O'Neiil, it is resolved that this matter be deferred to December 13, 1972. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, ~.~r. Krepe!a and Mr. O'Neill. 72-103C The Malvern Construction Corporation requests the rezoning from Agricultural IA) to Residential (R-2) of a parcel of land of rectangular shape, containing 0.8 acre, fronting 115.79 feet on Alberta Road, extending westwardly to a depth of 312.90 feet, and being located 474.83 feet north of the intersection of Alberta Road and Family Lane in Clover Hill Magisterial District. Refer to Tax Map Sec. 63-10 (2) Blk. C, lot t, Stanwick. This case has been deferred on two different occasions because Mr. Robert Firestone was not present and is not present at this meeting[ however, Mr. Ritz3 CountyPlanner~ recommend that this zoning be passed because it involves only two or three lots. Upon consideration whereof, and on motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the above described parcel of land be and it hereby is rezoned to K-1. Ayes: Mr. Horner, Mr. ~'.ers, Mr. Apperson and Mr. O'Neill. Mr. Bill Davis comes before the Board again requesting a Variance for the construction of a dwelling for Mr. Norman Johnson on parcel 26, Tax Map Sec. 126. Om motion of Mr.. Horner, seconded by Mr. Apperson, it is resolved that a Variance be granted for a dwelling at the said location for Mr. Norman Johnson, .provided a 50-ft. right-of-way is deeded to the County, with the specific understanding that the County is not responsible for the construction or maintenance of said road. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, ~seconded by Mr. Myers, it is resolved that a Variance be given to Mr. Joseph O. Comdrey, Jr., for the construction of a dwelling on Parcel B, and a dwelling on Parcel C, fronting on a 50 ft. easement to be retained by Mr. Condrey, with the understsnding that if more thsn two houses on Parcels B and C are constructed, that a 50-ft. right-of-way will be dedicated for public use, and with the further understanding that the County has no obligation to maintain or construct a road ~ this location. Ayes: Mr. Hornet, Mr. Myers, Mr.. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that a Variance be granted to Mr. Ira E. ~'~enger, Jr., to construct a dwelling on a one-acre parcel of land, fronting on Indian Spring Branch Road, at its inter- section with Upton Road, with the understanding that the County of Chesterfield will have no responsibility in the construction or'maintenance of this road. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. There was read a resolution from the Richmond-Petersburg Turnpike Authority which resolution is filed with the papers of this Board. There was read a resolution from the School Board dated November 8, 1972. i~Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the Revenue Account of (a) 41-000-658 be increased by $1,306.00 and the Expenditure Account 41-440-305 be increased by a like amount (b) that $700.00 be transferred from 41-423-305.1 and $606.00 from A1-423-305.3 to 41-440-305. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 'There was read a Notice of a public hearing concerning the improvement of Route 652. On motion of Mr. Apperson, seconded by Mr. ~[yers, it is resolved that the following transfers be made: 1. Transfer $3,000.00 from Aid to Dependent Children, 21--83-706.0 to ADC-Emergency Assistance, 21-083-706.3. (This transfer was approved by the State Department of Welfare and Institutions). 2. Appropriate $25,000.00 from the unappropriated surplus of the General Fund to addition to %~elfare Building, 11-500-603.0. (The Supervisors, on April 26, 1972 approved the providing of additional space for the Welfare Department. ~e should pay for this addition from the General Fund so we can recover 80% of the cost from %he State over a 6-year period. If we pay for the addition out of the budget for the Welfare Department the trailer combination will belong to the State.) 3. Increase revenue account 11-000-618.5, Grant Probation Department by $687.00 and increase expenditi£ue accounts 11-054-319.1, supplies-grant by $147.00 and 11-054-403.2, Equipment Grant by $540.00 (This is needed to adjust !172-73 budget to amount of grant). i'iOn motion of ~ir. Apperson, seconded by Mr. O'Neill, it is resolved that the sum of $4,136,530.00 be appropriated for the month of December .1972, as follows: Fund Number Name Amount 11 General Fund $1,602.610. 13 Library 26,000. 14 Law Library 1,000. 15 Roads 3,000. 17 County Garage 15,700. 21 ¥~elfare Fund 96,800. 22 Nursing Home 54,500. 31 Ettrick Sanitary District 1,000. 41 School Operating i,~4~,175. 48 Bond Money-Schools t0,000. 60 ~ater Revenue ~0,000. Fund Number Name Amount 61 i,~ater Operating $70,300. 62 Water ]~ e.~.~.t 0 63 Water Impr., i~epl.,&Ext. 50,000. 64 Water Construction 0 66 Meter Installation 3(~,000. Sewer Revenue 50,000. 71 Sewer Operating 36,100. 72 Sewer Debt 1~,5 245. 73 Sewer Impr.,ilepl. & Ext. 50j000. Grand Total $4,136,530. Ayes: Mr. Hornet, ~.ir. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Hannig comes before th~ l%oard to cite tile defamation of the Southern area by reason of a news article which apparently over-emphasized the sewer problems in the area. It was cited that bids for the installation of sewers in the Southern area would go out on November 26, ].972 with a bid date of December 19, 1972, after which tb.e Board would consider the letting of bids for this area. There was presented a letter from Mr. C. K. Wilkinson, Jr., Director of Department of Public Works, City of Richmond, stating that the insta!lation of sewers along Rattlesnake Creek in the City would have a high priority so that the area of Southampton could be furnished sewer service. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following two water contracts ]De and they hereby are approved: W72-89D - Kimberly Acres, Section II $14,858.00 W72-75CD- Trivoli South 18,908.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. O'Neill, it is.resolved that the County Engineer be authorized to install a water line in the Lyndale Subdivision, which water line would cover approximately 28 homes at a total cost of $25,030. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the following sewer contracts be and they hereby are approved: S72-58CD River Road Estates $50,599.38 S72-63D Belmont Road 7-11 Store 3,500.00 S72-65CD Pocoshock Townhouses, On-site 29,950.00 S72-45D Trivoli South 12,832.00 S72-64D Courthouse Green Apartments, Sec. I 80,169.90 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr.. Apperson, it is resolved that the sewer agreement with Kingswood-Briarcliff be approved with the understanding that the County would obtain the rights-of-way. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. C. Porter Vaughan speaks on the subdivision of Edgehill, stating that this subdivision was recorded in 1967 and that certain commitments had been made which would virtually affect his financial status if he cannot get sewer connections for the area. The County Administrator cited seven'letters from various people in the County requesting sewer connections and it was agreed that the Board would meet as a Utility Committee on November 30, 1972 at 7:30 P.M. to discuss the entire problem. Mr. M. L. Weinstein states that he owns three lots in Edgehill Subdivision on which the clearing has been accomplished, the footings dug, the windows and bricks are on the lots an~ requested special consideration of cranting three (3) sewer connections for lots 5, 10 and 11, Block B, Section B, in the Edgehill Subdivision. on motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that sewer connections to the aforementioned lots be approved and that the County will have 'to reach an acceptable plan on November 30, 1972 for further consideration of this kind. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and k4r. O'Neill. Mr. William Prosise speaks on the implementation of the Erosion Ordinance and it was generally agreed that this matter would be discussed with those people who wish to be present at 11:30 A.M. on December 13, 1972. There was read a request from Mr. Glen Hastiness for permission to start building in the River Road Terrace Subdivisio~ prior to the completion of the Ettrick sewers. On the recommendation of the County Engineer that this work is in progress, it is on raotion of Mr ~.'~'Neill, ~ -~ ~ ., ~econc~ec~ b~ ~ir. i~'~yers, resolved that approval be given to start said construction. Ayes: Mr. Hornet, ~.[r. Myers, ~[r. Apperson, ~',~r. I~repela and ~ir. O'Neill. On motion of Mr. Apperson, seconded by i~r. O'Neill, it is resolved t~at the new County maps be sold at the price of $1.50 each, even thongb the County will lose some money at this price for the first year. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, L~r. Krepela and i,!r. O'Neill. [! Mr. Crockett ~iorris, Virginia Division of Forestry, speaks against 'the proposed changing of the Code of Virginia concerning the necessity of Railroads keeping rights-of-way clear. Upon consideration whereof, and on motion of Mr Apperson seconded },v ..... O'Neill, the following resolution is adopted: ~'~ WHEREAS., Section 56-426 of the Code of Virginia requires that '~Every rail- road company shall keep its right-of-way clear and free-from weeds, grass, and decayed timber, which from their nature and condition are combustible material, liable to take and communicate fire from Dassim~ trains to abuttiDg or adjacent property," and - -~ WHEKEAS, there is before the 1973 session of the Virginia General Assembly House Bill *895 which would repeal Section 56-426, thus ~ermitting the railroads .to create and maintain ~ right-of-way condition which wo~ld create a dangerous fire hazard to adjacent property. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Chester= field County, Virginia, meeting in official session in Chesterfield County, this 22nd ~y of November, 1~72, does urge the respective members of the General Assembly of Virginia to vote against House Bill N~. 895 and retain Section 56-426 in the Code of Virginia. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It was agreed that the County Administrator contact officials of the SCL RR. to remedy the apparent violation of the Zoning Code in the creation of of a borrow pit near Colonial Heights. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that at the request of Mr. W. S. Pinchbeck that 9 lots in the subdivision of Wedgewood be approved for recordation, which lots face Luck's Lane and the Courthouse Road. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that a change order on the contract for the erection of a maintenance hangar at the Chester- field Airport in the amount of $17,161.00 be approved, which Change order will allow a more secure and better insulated overhead door to be installed. 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 Mr. J. Ruffin Apperson be appointed to the Stadium Committee to review the metropolitan needs for a first class stadium. 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 subject to the approval of the Highway Department to pay its share of $19,008.00, that a bid be let to the 3-M Construction Company, who submitted the low bid of $121,064.40 for the construction of water and sewer mains in the Airport Industrial Park. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and I~[r. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that a street liqht be approved in the vicinity of the colored church on Genito Road. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by ~r. Myers, it is resolved that a street light be approved in the Dalebrook Subdivision at Global Court. Aves: Mr. Horner, Mr Myers, l. ir. ~' ~ · ~pperson and Mr. O'~eiil. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board signifies its willingness to close Cambria Street, between Strathmore Road and Allerton Street and the Commonwealth's Attorney is requested to prepare the necessary papers on the closing of this road. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. O'Nelll, seconded by Mr. Apperson, it is resolved that an ordinance to amend and re-ordain Chapter 6, Article 4, Section 6-78 of -the ilCounty Code of Chesterfield County, Virginia, by substituting Division of !iConsolidated Laboratory Services for Chief Medical Examiner and State Medical Commissioner where they appear, be ~opted on an emergency basis. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, the following resolution is adopted: ~,FHEREAS, a portion of the road known as Old Jessup Road, shown designated in red lines on the plat attached hereto as E:fi%ibit A, ls owned by the County: and WHEREAS, a new ro~d has been constructed and opened to public use and travel, known as State Route 643 (Turner Road), also shown on the said plat, which serves the same citizens who were served hy that part of Old Jessup shown in red lines on the said plat: and WHEREAS, Dr. William C. Redmond and Mrs. Audrey P. Redmond, who own the land abutting on either side of said portion of Old Jessup [<oad, have petitioned for the abandonment of the aforesaid ?crtion of Old Jessup Road and for the conveyance of same to them by the County[ and ~fHEREAS such pro~...se(~ abandonment has been approved in writing by the Virginia State Highway Commissioner and by the Virginia State Highway Commission, as evidenced by a letter and copy of a resolution of the said Commissar. on duly received by this Board and filed with the minutes of this meeting: and WHEREAS, it appears desirable that said portion of old Jessup Road be abandoned and the petition of the Redmonds be granted~ NOW, THEREFORE, BE IT RESOLVED: That the Board of County Supervisors of Chesterfield County does hereby abandon that part of old Jessup Road shown in red lines on the plat attached hereto ss Exhibit k, pursuant to Section 33.1-155 of the Code of ~;~zrc~mnza· ' , such abanConed ~art of the said road being deemed no longer necessary for public use and travel~ It appearing that no other persons upon or own lanai abutting upon t?~at portion of said road beinc[ abandone¢i no further notice of the abandon- ment need be given and it is Further l{esolved that the County conve5~ by deed with sp~scial warranty ~er]~onc l:ttlsband an© wife, as tenaD.'~s to William C. Redmond and i:;udrey F. ~ ~ by the entirety with the rmg~. of survivorship ~s s.t cor:~mon law, that -oarn of said road being hereby abendoned, in consi¢leration for the said kedmonds' conveying to the County a sewer easement agreement over their property along Falling Creek~ ..... ~nrm~ and su~stancn ....... ammroved~..~_ ~ ~ b~ the Countyt, which deed from the County to the Redmonds, wltn a copy of these resolutlons a%tachec, shall be signed, acknowledged and delivered in e~:chan(:te for the ce~.lve~..'y by the redmonds to the County of the sewer easement agreement aforesaid. Ayes: Mr. Horner, l,[r. Myers, i~Ir. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by l,lr. Apperson, it is resolved that this Board go into Executive session: Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Reconvening: On motion of Mr. O'Neill, seconded ]Dy Mr. Homer, it is resolved that this Board accepts the offer of Marshall W. Cole, Jr., set forth in his proposal daaed October 9, 1972, to purchase three (3) acres of the Chesterfield Airport Industrial. Park upon the terms arid conditions therein for the purchase price of $10,000.00 per acre. Be it further Resolved, that the Commonwealth's Attorney petition the Circuit Court of Chesterfield County, Virginia, for approval and ratification of this sale.of land by the County to Marshall U. Cole, Jr. 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, WHEREAS, the County of Chesterfield is desirous of and proposes to acquire by purchase or 'condemnation from the Estate of A. J. Horner and any other party or parties who may have an interest in same, 162.5 acres, more or less, off Route 360 and bordering generally, Gregory's Pond and Courthouse Road, in Clover Hill District, Chesterfield County, Virginia for use and development as a public recreational park~ and WHEREAS, the Board of Supervisors has determined that $375,000.00 is a fair and reasonable price to offer for said land. NOW, THEREFORE, on motion of Mr. O'Neill, seconded by Mr. Hornet, be it resolved, that an offer to purchase the above land for the sum of $375,000.00 be submitted to the real parties in interest. BE IT FURTHER RESOLVED, 'that in the event said offer is not accepted by the real parties in interest, that the Commonwealth's Attorney be authorized and he is hereby directed to institute condemnation proceedings against the said land and do all things necessary to acquire good title to the said land. 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 adjourns at 8:00 P.M. to November 27, 1972 at 7:30 ]~'.Lj Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Secretary