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12-27-1972 MinutesPresent: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. E. Merlin O'Neill Absent: Mr. A. J. Krepela VIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County held at the Courthouse on December 27, 1972 at 2:00 P.M. Also Present: Mr. Morris Mason, Asst. Comm. Atty. Mr. M. W. Burnett, Exec. Sec'y. Mr. Robert A. Painter, Co. Engineer Mr. Stan Balderson, Seniro Planner Mr. William Prosise, Asst. Co. Eng. On motion of Mr. Myers, seconded by Mr. O'Neill, it is res'olved that this Board go into Executive Session. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Reconvening: It is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the minutes of November 22, 27 and 30 and December 4, 6 am13, 1972, be and they hereby are approved as corrected. 72-101CS The above case having been deferred to this meeting and Mr. Myers cites that Attorneys for both sides wish another deferment, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that this Zoning case again be deferred to January 10, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. The matter of closing an alley in the Sunset Hills Subdivision having been agred to by the Board formally, and advertised according to law, for this Board meeting, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that the Ordinance to vacate a 20-ft. alley easement be and it hereby is passed:~however, Mr. Harold Oakes comes before the Board after the alley easement had been officially vacated and raised certain complaints concerning the closing. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the previous motion to close the alleyway be rescinded and that this matter be continued to January 24, 1973 at 2:30 P.M. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the Swift Creek Company be granted a Variance to construct local roads in the Swift Creek development according to State rather than County requirements for right-of-way in pavement width. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that a Variance be granted to Mr. William N. Holloman to construct a building on building on Parcel 2-4 on Tax Map 94 (1) provided a 50-ft. right-of-way is dedicated from Route 655 to the property in question, with the under- standing that the County of Chesterfield has no obligation to construct or maintain a road on said right-of=way. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Thomas Shipp requested a ramp at the Courthouse to facilitate the entrance by wheelchairs, rest rooms and elevator facilities for wheelchair users and pointed out some of the problems of paraplegics. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the Executive Secretary be authorized to install a ramp with a grade no greater than 7% and investigate the other requests of Mr. Shipp as to the availability of facilities and the cost of renovating necessary. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. This day the County Road Engineer, in accordance with directions from this Board, made report in writing upon his examination of Oxbridge,Road, Palmer- ston Road, Trebeck Road, Dunraven Road and Binney Road in Mayfair Estates Section B in Clover Hill Magisterial District. Upon consideration whereof, and on motion of Mr. Apperson, it is resolved that Oxbridge Road, Palmerston Road, Trebeck Road, Dunraven Road and Binney Road in Mayfair Estates Section B in Clover Hill Magisterial District be and it is hereby established as a public road. And be it further resolved, that the Virginia Department of Highways, be and it.hereby is requested to take into the Secondary S~stem, Oxbridge Road from a point at the southern end of State maintenance .06 mile southwardly to Palmerston Road, thence .08 mile southwardly to Trebedk Road, thence.06 mile to a cul-de-sac; Palmerston Road, beginning at its intersection with Oxbridge Road .20 mile eastwardly to its intersection with Dunraven Road: Trebeck Road, beginning at its intersection with Oxbridge Road .23 mile eastwardly to its intersection with Dunraven Road; Dunraven Road, beginning at the southern end of state maintenance .09 mile southwardly to its inter- section with Palmerston Road, thence .10 mile southwardly to its intersection with Trebeck Road thence .04 mile southwardly to a cul-de-sac: Binney Road, from its intersection with Dunraven Road .03 mile eastwardly to a cul-de-sac. These roads serve 27 houses. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for each of these roads. Plat recorded in Plat Book 19, Page 19 dated May 22, 1972. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. WHEREAS, the traffic congestion of Route 10 and Chippenham Parkway is substantial and needs study for corrective action~ and WHEREAS, the channelization at the intersection of Route 10 and Route 150 apparently causes some of the congestion~ NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Apperson, seconded by Mr. O'Neill, that this Board of Supervisors requests the Highway Depart- ment to study~the channelization at the intersection of Routes 10 and 150 and study other phases of the traffic in this location in the hope that some corrective action may be taken in the near future. 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 County employees observe January 1, 1973 as a holiday and to review the proposed holiday schedule with the schedule of holidays for State employees in an effort to get closer coordination of holidays at Chesterfield Courthouse. 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 County employess be given one-half day on Thursday, December 28, 1972 to commemorate the death 'of former President Harry S. Truman. Ayes: Mr. Apperson and Mr. O'Neill. Mr. Homer and Mr. Myers abstain from voting. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $1,437.00 be appropriated from the unappropriated surplus of the General Fund to the following categories; (A) $1,337.00 to budget Item 11-102-400.1 (B) $ 100.00 to 11-102-483 And be it further resolved, that the Commonwealth,s Attorney's budget be amended as follows: Item 11-053-217 be increased $628.00 - Telephone Expense and Revenue Item 11-000-620.3 be increased $314.0~ to show the State's share of this expense. And be it further resolved that the sum of $5,000.00 be transferred from Old Age Assistance 21-083-704 to ADC-Emergency Assistance 21-083-706.3/ And be it further Resolved, that the sum of $606,573.90 be appropriated from the unappropriated surplus of Fund 48 to Function 48-500-000. The last two items will appropriate funds from the previous year's allocations to pay for the completion of school construction now in progress. 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 D. W. Murphey, Joseph Pittman and C. Lynn Newcomb be appointed as members of CODAC from Chesterfield County as of January 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, the following resolution is adopted: WHEREAS, certain areas of Chesterfield County are subject to periodic flooding and/or mudslides from the James and Appomattox Rivers and the Ashton, Falling, Johnson, Kingsland, Old Town, Pocosham, Pocoshock, Powhite, Proctors, Swift and Timsberry Creeks causing serious damage to improved properties within these area: and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968 as amended; and WHEREAS, it is the intent of this Board of Supervisors to recognize and duly evaluate flood hazards in all official actions relating to land use in the flood plains area having special flood and/or mudslide hazards: and WHEREEA, the Code Citation of the Virginia enabling legislation that authorizes this County to adopt land use and control measures is, Title 15.1 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors of Chesterfield County, Virginia, does hereby adopt the following legislative action as an inducement to the Federal Insurance Administration to underwrite flood insurance within the said areas, hereby assures the Federal Insurance Administration that it takes the following legislative action: (1) Appoint theCounty Planning Director with the responsibility, authority, and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limits of the area having special flood and/ or mudslide hazards on available local maps of sufficient · scale to identify the location or building sites. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain and/ or mudslide area. (c) Maintain for public inspection and furnishing upon request, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures: and (d) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map and identify flood plains or mudslide areas, and cooperate with neighboring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. (e) Submit on the anniversary date of the community's initial elegibility, an annuar report to the Administrator on the progress made during the past year within the community in the development and implementation of flood plain and/or mud~lide area management measures. (2) Take such other official action as may be reasonably necessary to carry out the objectives of the program. BE IT FURTHER RESOLVED, that the said Board of Supervisors hereby appoints the County Planning Director with the overall responsibility, authority and means to implement all commitments made herein. 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 and it hereby is adopted: WHEREAS, Chesterfield County had adopted and is enforcing the Chester- field County Building Code; and WHEREAS, Section 14 of the Building Code as adopted by Chesterfield County prohibits an~ person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building permit for each building or structure from the Building Inspector: and WHEREAS, the Building Inspector must examine all plans and specifications for the proposed construction when application is made to hime for a building permit; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County, Virginia as follows: 1. That the Building Inspector for Chesterfield County when reviewing aDplications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage. 2. That the Building Inspector shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards. 3. That the Building Inspector in reviewing all applications for construction in flood hazard locations within Chesterfield County shall require that any such proposed construction must: (a) Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due ~ flooding. (b) Use of construction materials and utility equipment that are resistant to flood damage. (c) Use of construction methods and practices that will minimize flood damage. (d) Provide adequate drainage in order to reduce exposure to flood hazards. (e) Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water system. 4. It is further resolved that the County Engineer in reviewing all 'subdivision applications shall make findings of fact and determine (a) Ail such proposed developments are consistent with the need to minimize.flood damage. (b) Adequate drainage is provided so as to reduce exposure to flood hazards. (c) Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands. (d) Ail public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that contract 7032-3 for the installation ~ sewers in the Southam area be and it hereby is awarded to R. E. Chakles in the amount of $261,578.71. It is here noted that several people in the audience spoke proposing sewers in this area. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Appers'on, seconded by Mr. Myers, it is resolved that the following water contracts be and they hereby are approved: W72-93D Berwick Village, Phase II $17,660.60 W72-73-5CD Cloverleaf Square Apts. 42,760.00 W73-3D Courthouse Green Apt., Sec. 1 18,267.00 W72-92CD Ives Lane 1,640.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, secOnded by Mr. Myers, it is resolved that the following sewer contracts be and they hereby are approved: S73-5D Cloverleaf Square Apts. $41,678.50 $73-80 Belmont Parkway Apts., Phase 2 27,435.50 S72-9CD River Road - off-site 37,894.88 S73-7D Pocono, Sections B&D, Phase II 23,149.10 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the '£nere was presented a request for the construction of a package sewage treatment plant on property adjoining the Shiloh Baptist Church which request was deferred for further consideration. on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a water line be installed on Galena Avenue, provided 15 people along the way sign the necessary contract to take water. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board allow Mapcom, Inc. to purchase the County maps for re-sale under certain circumstances. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson it is resolved that the sum of $300.00 be paid from the 3¢ Road Fund of Mato&ca District, for the improvement of Wells Road ! Ayes: Mr. Horner,.Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that Enon i Church Road be renamed North Enon Church Road on the North side of Rt. 10. · Ayes: Mr. Myers, Mr. apperson and Mr. O'Neill. WHEREAS, there appears t° be several contractors who have failed to bring subdivision roads to State specifications before moving People into homes facing said roads: and WHEREAS, the County has received considerable complaints concerning the bad roads in certain areas: and NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Apperson seconded by Mr. O'Neill, that the Building Inspector be authorized and directed to withhold the issuance of Occupancy Permits on all dwellings which fronton roads which have not been hard surfaced and approved by the County. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the proposed contract with the Highway Department for the payment of a portion of utilities costs due to the contraction of Route 288 at the County Airport be and it hereby is approved. ' Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this board notify the Lemon Tree Motel of the availability of sewers for 60 additional motel units at the corner of Willis and 1-95. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr, Homer, it is resolved that the Chairman and Clerk of this Board be, and they are hereby authorized and directed to execute and deliver a good and sufficient deed to Marshall W. Cole, Jr. conveying three (3) acres of the County Airport Industrial Park land upon the terms and conditions set forth in his offer in writing Dated October 9 1972. Ayes: Mr. Horner, Mr. Apperson, and Mr. Myers. On motion of Mr. Myers, seconded by Mr. Horner, it is resolved that this Board accepts the offer of George O. Gratz, Inc. set forth in its proposal dated November 2~, 1972 to purchase 2.52523 acres of the Chesterfield Airport Industrial Park Iand upon the terms and 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 George O. Gratz, Inc. and on such approval the Chairman and Clerk are hereby authorized and directed to execute a good and sufficient deed therefo. Ayes: Mr. Horner, Mr. Apperson and Mr. Myers. On motion of Mr. Myers, seconded by Mr. Horner, it is resolved that this Board accepts the c~er of W. Eugene Glenn, Inc. set forth in ~s proposal dated September 20, 1972, to purchase 2.25 acres of the Chesterfield Airport Industrial Park land and the terms and conditions therein for the purchase pri~e 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 W. Eugene Glenn, Inc. and on such approval the Chairman and Clerk are hereby authorized and directed to execute a good and sufficient deed therefor. Ayes: Mr. Horner, Mr. Apperson and Mr. Myers. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that this Board accepts the offer of L. R. Cobaugh, set forth in his proposal dated October 2, 1972, to purchase 1.25 acres of the Chesterfield Airport Industrial Park land upon the terms and conditons 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 L. R. Cobaugh, and on such approval the Chairman and Clerk are hereby authorized and directed to execute a good and sufficient deed therefor. Ayes: Mr. Horner, Mr. Apperson and Mr. Myers. There was read a letter from Dr. W. P. Wagner, Director of the Health Department, advising the Board that on January 4, 1973 there would be a meeting to discuss the separation of Amelia County and the City of Colonial Heights from the Chesterfield Health District. Ayes: Mr. Horner, Mr. Apperson and Mr. Myers. On motion of Mr. Myers, aeconded by Mr. Apperson, it is resolved that the Chairman and Clerk be and they hereby are authorized to sign a quitclaim deed for Lot 13, Block D~ Section E, of Salisbury, quitclaiming the right to make reasonable use of adjoining land for construction and maintenance of public utilities. Ayes: Mr. Horner Mr. Myers Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that since a Use Permit was granted for a turkey shoot to W. Thomas Mayes, Jr. on a parcel of land north of Route 10 as shown on Tax Map 117-6 (1) Parcel 3. And since there ~s a special prohibition about Sunday shooting, it is resolved that the prohibition against Sunday shooting be lifted since it is apparent that no harm will come to anyone in this area because of this fact. 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 th amount of $4,745,971.00 be appropriated for the month of January 1973 to the following funds: Fund Number Name Amount 11 General Fund $1,579,765 13 Library 30,000 14 Law Library 500 15 Roads 3,000 17 County Garage 16,150 21 Welfare Fund 95,600 22 Nursing Home 55,300 31 Ettrick Sanitary District 3,000 41 School Operating 2,536,256 48 Bond Money - Schools 10,000 60 Water Revenue 50,000 61 Water Operating 70,300 62 Water Debt 0 63 Water Impr., Repl. & Ext. 50,000 64 Water Construction 0 66 Meter Installation 60,000 70 Sewer Revenue 50,000 71 Sewer Operating 36,000 72 Sewer Dept 0 73 Sewer Impr., Repl. & Ext. 10.0f.000 Grand Total $4,745,971 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 Ordinance for Cable TV be introduced at this meeting for a public hearing on February 28, 1973 at 2:00 P.M. 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 this Board go into Executive Session. ' Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 186 Reconvening: On motion of Mr. O'Neill, seconded by Mr. Horner, it is resolved that this Board appoints Dr. B. Rowland Freasier, Jr. to fill the vacancy on the Board of Directors of the John Tyler Community College. 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 this Board adjourns at 6:00 P.M. to 4:30 P.M. on January 8, 1973. Secretary Chairman