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06-13-1973 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County., held at the Courthouse on June 13, 1973 at 9:00 A.M. Present: Mr. Irvin G. Homer0 Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Also Present: Mr. Oliver D. Rudy, Comm. Atty. Mr. Morris Mason, Asst. Comm. Atty. Mr. M. W. Burn~tt, Co. Admin. Mr. C. G. Manuel, Asst. Co. Admin. Mr. Robt. A. Painter, Co. Eng. Mr. JamesR. Condrey, Dir. Central Accty. Mr, Michael Ritz, Co. Planner Mr. Burnett gives the invocation. The Board of Supervisors this day approved all claims presented to the County for the month of May, 1973, and authorized the Treasurer of the County to issue warrants as follows: General County Fund Check Noo 59890' - 60705 $301~912.88 County Library Check No° 59811 - 60436 15~987.95 Law Library Check NO. 59814 - 59818 ' 248.65 Cog~ty GaF. age Check NO~ 59819 - 60950 15,219.24 County Storeroom Check No. 59828 - 60745 1~404.68 Workmen's Compensation Check No. 59831 - 59988 251.50 Social Services Check No. 59326 - 597305 59884-59888; 602'66-60306; 59882159803; 60443-60450; 60451-60502; 60503-60641; 59673-59881 70~188,82 Nursinq Home Check,No. 59991 - 60741 26~364.15 Ettrick Operatinq Check No. 60148 - 60433 685.00 Sale~ Tax ~eck No. 59889 7.27 T.F.Jessress Trust Fund Check No. 60140 Payroll DeduCtion Check No. 59854 - 60746 1.750.00 33~853.13 Water R~venue Check No. 8215 - 8237 $ 63.25 Water 0peratinq Check No. 8200 - 8321 36~305.59 Water Improvement Fund Check No. 8145 - 8322 80~-941.40 Water Meter Deposit Fund Check No. 8152 -'8267 585.00 Water Meter Interest Fund Check No. 8106 - 8323 Central Stores Check No. 8103 - 83~5 20~280o66 Sewer Revenue Fund Check No. 8222, 8223~ 8224 25.54 Sewer Operating Check No. 8150 - 8323, 18~549o2~ Sewer Debt Fund Check No. 8296 43~750o00 Sewer Impr.~Replacement and Estension Fund Check No. 8143 - 8326 495~926.66 States Sales Tax Check No. 8168 7.15 Utility Workmen's Compensation Check No. 8241, 8242 61.00 on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes of May 23 be and they hereby are approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Krepela, At is resolved that the resolution dated February 14, 1973 granting a Variance on tw~ (2) lots at the end of Crostic Road be and it hereby is rescinded. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela a~d Mr. O'neill. On motio~ of Mr. Horner, seconded by Mr. Myers, it is resolved that a Variance be granted to Mr. Gerald F. Highsmith to allow the construction of a dwelling on a parcel of land approximately 165 feet west of the center line of Crostic Road, provided a 25 ft. strip be granted by Mr. Highsmith and a 50 ft. right- Of-way be granted by Mr. Crostic and also a 25 ft. strip of land from the center of Crostic Road be given by Mr. Crostic all according to the plat recorded with the papers of this Board, with the understanding that the County has no obligation to construct or maintain the roads leading to this piece of land, Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O;Neill. on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that resolution on Sewer Bonds be and it hereby is adopted. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: SECTION 1. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia 1950 (the same being the Public Finance Act}, an election heretofore held in Chesterfield County (the "County") on May 1, 1973, on the question of contracting a debt and issuing bonds in the maximum amount of $18,000,000 and an Order of the Circuit Court of Chesterfield County entered May 30, 1973, for the purpose of extending, improving, enlarging and adding to the existing sewer system and sewage disposal plants of the County (said sewer system and sewage disposal plants being h~reinafter referred to as the "Project"), there shall now be issued general obligation bonds of the County in an aggregate principal amount of eighteen million dollars ($18,000,000), which bonds shall be designated "General Obligation Sewer Bonds, of Chesterfield County, Virginia (the "Bonds"). The Bonds shall be of the denomination of $5,000 each; shall be numbered from 1 consecutively upward in order of maturity~ and shall bear interest at such rates per annum as fixed by resolution of the Board at the time of sale there- of, provided that the rate or-rates of interest borne by ~he Bonds shall not exceed the maximum rate permitted by law at the time of sale thereof~ As shall be determined by the Executive Secretary prior to the sale of the Bonds: The Bonds shall be dated as of a date not later than December 31, 1973; shall mature in such amounts in such years as may be determined by the Executivd Secretary, the first installment of principal to mature not later than six (6) years from the date of the Bonds and the last installment of principal to mature not later than twenty-five (25) years from the date of the Bonds; shall bear interest to be payable commencing not later than one year from the date of the Bonds and semi-annually each six months thereafter: shall be paya'ble both as to principal and interest at a place or places within or without the Commonwealth of Virginia, or both; may be issued with privilege of regist~ation as to principal only; and may be subject to redemption prior to the stated maturities thereof at the option of the County at any time on and after ten (10) years from the date thereof at redemption premiums not exceeding four percent (4%) of the principal amount redeemed, upon such notice of redemption as is provided in the form of the Bonds hereinafter set forth; provided that all such details shall be subject to ratification by the Board of Supervisors of Chesterfield County (the "Board") at the time of sale of the Bonds, and provided further, that the Board reserves the right to change prior to the sale of the Bonds any or all of the foregoing limitations on the details of the Bonds. WithOut further authorization by the Board the Bonds shall be Offered for sale by the Executive Secretary at. public or private sale at such time as he may deem advisable, for not less than the .par value thereof. In the event the Executive Secretary determines to offer the Bonds at public sale be is further authorized to prepare a notice~, of sale in such form as he deems appropriate and to publish such notice in a financial journal published in the City of New York, New York and in s newspaper of general Circulation in the County. SECTION 2. The Bonds shall be executed with the facsimile signature of the Chairman of the Board of Supervisors, and the manuel signature of the Clerk of the Board of Supervisors, and a facsimile of the seal of Chesterfield County shall be imprinted on the Bonds. the Coupons attached to the Bonds shall be authenticated with the facsimile signatures of said Chairman and Clerk, and the Bonds, the coupons to be attached thereto and the provisions for registration thereof, if any, shall be in substantially the following form, with-the text which is in brackets to be inserted in the Bonds if applicable to the details of the Bonds as fihally fixed, (FORM OF COUPON BOND) UNITED STATES OF AMERICA STATE OF VIRGINIA CHESTERFIELD COUNTY GENERAL OBLIGATION SEWER BOND No · $5,000 KNOW ALL MEN BY THESE PRESENTS that Chesterfield County, Virginia, hereby acknowledges itself indebted and for value received promises to pay to the bearer hereof, (or, of this bond, be registered, to the registered holder hereof) upon surrender.,of this bond, the sum of~i~ Thousand, D~lla~s ($5,000) on the day of , 19 , together with interest thereon at the rate of per centum per annum ~able and semi-annually thereafter on -- and in each year, upon presentation and surrender of the respect~ coupons hereto attached as they severally become due. Both the principal of and the interest on this bond are~yable in lawful money of the United States of America at the principal office of in , or, at the option of the holder at the prindipal office of (The bonds of the issue of bends of which this bend is one maturing on and after , shall be subject to redemption at the option of Chester- field Ceunty prior to their stated maturities on and after in whole at any time, or in part from time to time on any interest payment d~te' in the inverse order of their ma=uri~ies, at the redemption price with respect to each bond, expressed as a percentage of the principal amount redeemed set forth below, together with the interest accrued thereon to the date fixed for redemption: Period During which Redeemed Redemption (both'dates inclusive) Price If at any time less tha~ all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturxty to- be redeemed shall be selecte~ by lot. If this bond is redeemable and shall be called for redemption, notice of the'-redemption hereof, specifying the designation, date, number and maturity of this bond, the date fixed for its redemption, and the redemption price payable u~on such.redemption, shall be given by publication of such notice one in a daily newspaper printed in the English language andcustemarily published on each business day and of general circulation in Chesterfield County, Virginia, and once in at least one daily newspaper or financial publication printed in the English l'anguage and customarily published on each business day in the City of New York, New York, the date of publication of such notice in any case to be at least thirty days prior to the date fixed for redemption (. }(~ provided that if this bond at the time shall be registered as to principal only, in accordance with the provisions for such registration endorsed hereon, notice of .the redemp- tion hereof may be given by the mailinq at least thirty days before the redemp- tion date by registered or certified m~il of a copy of such notice to the register~ owner hereof at his address as it appears upon the books of registry or at such other address which he may have filed with the County Treasurer, or other legally designeted Registrar, for such purpose, in which event notice of the redemption hereof need not be given by publication~ and provided further, if notice of the redemption hereof shall be given by publication as aforesaid, then neither the failure to mail any notice nor any defect therein shall affect' the validi.ty of any proceeding for the redemption of this bend. ) If this bond shall be Called for redemption and notice of such redemption duly given as aforesaid, and if on or before the redemption date the payment of the redemption price shall have been duly made or provided for, then this bond shall become due and payable upon such redemption date and interest hereon shall cease from and after the date. so specified for the redemption hereof. This bond is one of an issue of bonds issued for.the purpose of improving, ex~ending, enlarging and adding to the existing sewer system and sewage disposal plants of Chesterfield County (said sewer system and sewage dAsposal plants being hereinafter referred to as the "Project"'), pursuant to and in full. complian¢ with the Constitution and statutes of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia 1950, as amended, an election duly held under said Chapter in said County on the first day of May, 1973, an order of the Circuit Court of the County entered on May 30, 1973, and resolutions and proceedings of the Board 'of Supervisors of Chesterfield County duly had and adopted. The Board of Supervisors, on behalf of Chesterfield County, Virginia, here- by pledges the net revenues of the Project for the payment Of the principal of and the interest on this bond and the issue of bonds of which it is one, which revenues are and may be also pledged for the payment of the principal of and the interest on other bonds of the County issued for sewer purposes. The Board covenants with the holder o~f this bond and the coupons appurtenant hereto that the Chesterfield County will at all times operate the Project in a proper sound and economical manner, and make such rates, rents, fees and other charges to insure that the revenue of the Project shall be sufficient to pay the costs o.f operation and maintenance of the Project and to .pay said bonds and coupons and any other indebtedness, including interest thereon, incurred in the estab- lishment acquisition, construction, improvement, extension, addition, operation an~ maintenance of the Project. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to an~ in the issuance of this bond have existed, happened and been performed in due time, form and manner as required by law, and that the amour of this bo~d, together with all Other indebtedness of Chesterfield County., doe~ not exceed any limit prescribed by the Constitution and statutes of Virginia, a~ that provision has been made for raising annually by taxes on all the taxable property in said County, a sum sufficient to pay the principal of and interest on thi~ bond as the same respectively become due and payable. The full faith and credit of Chesterfield County are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bend, according to its terms. (This Bond is registrable as tO principal only in accordance with the provisions endorsed on the back hereof. ) IN WITNESS WHEREOF, Chesterfield County, Virginia, has caused this bond to be signed by the facsimile signature of the Chairman of the Board of -Supervisors of said County and countersigned by the manuaI signature of the Clerk of said Board and a facsimile of the seal of sai~ Board to be imprinted hereon and the coupons hereto attached to be signed with the facsimile signatures of said officers, and this bond to be dated as of *~e day of 1973 , Board 6f~Supervisor~ Chesterfield County, Virginia COUNTERS IGNED = ~?r~, ~?a~ 9f S~persSsors. ~FOI~I OF COUPOn) No. $ On the day of , 19 (unless the bond hereinafter mentioned sha--I~--~-subjec't to prior redemption and shall have heretofore been called for previous redemption and payment of the redemption price duly made or provided for) Chesterfield County, Virginia, will .pay to bearer in lawful money of the United States of America Dollars ($ ) at the principal office of , being ~he interest then due on its General Obligation Sewer Bond, dated , 1973, numbered . .... Chairman, Board of Supervisors Ckerk, Boardof Supervisors. {PROVISIONS FOR REGISTRATION) This bond may be registered as to principal only in the name of the holder on books to be kept by the County Treasurer of Chesterfield, County, or other legally designated Registrar, such registration being noted hereon by the Registrar, in the registratien blank below after which no transfer hereof shall be valid unless made on said books by the registered holder or attorney duly authorized a~d similarly noted by the Registrar in said registration bland below, but ~t may be discharged from =egistration by being registered to bearer after which it shall be transferred by delivery, but it maybe again registered as before. The registration of this bond shall not impair the negotiability of the coupons by delivery merely. (No writing in the spaces below except by the County Treasurer of Chester- field County, or other legally designated Registrar.) DATE OF IN WHOSE NAME REGISTRATION REGISTERED REGISTRAR SECTION 3. There shall be levied annually at the same time and in the same manner as other taxes are assessed, levied and collected ad valorem taxes upon all the taxable property in Chesterfield County, Virginia,-without limita- tion as to rate or amount, sufficient to provide for the payment of the principal of and interest on the Bonds as the same respectively become due and payable, in the event the net revenues of the Project are insufficient therefor. There is hereby exclusively pledged on behalf of the Chesterfield County the net revenues of .the Project for the payment of the principai of and interest on the. Bonds, for the payment of the principal of and interest on the bonds of the County heretofore issued, theupayment of which is secured by a pledge of said net revenues, and, if hereafter so provided by this Board for the payment of the principal of and interest on bonds of the County hereafter issued for sewer purposes, the payment of which is hereafter lawfully secured by a pledge of said net revenues, and-it is here~y covenanted with the holders of said bOnds and the coupons appurtenant thereto that Chesterfield County will at all times operate the Project in a proper, sound and economical manner and make such rates, rents~ fees and other Charges to insure that the revenues of the Project shall be sufficient to pay the costs Of operatien .and maintenance of the Project and to pay the Bonds and the coupons appurtenant thereto and any other indebtedness, including interest thereon, incurred-in the establish~ ment, acquisition, construction, improvement, enlargement, operation and main- tenance of the Projectt SECTION 4. The County hereby covenants withthe holders from time to time of the Bonds as hereinafter set forth in this section. No use of the prOceeds of the Bonds shall be made which, if such use had been reasonably expected on the date of issue of the Bonds, would have caused the Bonds to be "arbitrage bonds", within the meaning of Section 103 (d) (2) of the U. S. Internal Revenue Code of 1954. The County shall comply with the requirements of said section of said Internal Revenue Code and the applicable regulations of the Internal Revenue Service adopted thereunder so long as any Bond is outstanding. SECTION 5. This resolution shall take effect upon its adoption. A poll of the Board being taken the following vote is recorded: Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers,' it is resolved that the follow- ing ordinance be and it hereby is adopted: AN ORDINANCE to vacate a 60-foot street in Ben Air, a plat of which entitled "Map of 4.071 Acres of land situated on the southern line of Chesterfield Avenue between Buford and Pavilion Streets, Chesterfield County, Virginia"~ made by Chas. H. Fleet & Associates, Civil Engineer, and Surveyors, dated January 16, 1956 Recorded February 3, 1956, in the Clerk's Office of the Circuit Court of Chester- field County, Virginia, in Deed Book 491, at Page 333, the said 60-foot street being unimproved and not used for public purposes and being more particularly shown on the portion of the aforesaid plat, dated January 16, 1956, shaded in red and designated as "McRae Street", a copy of which plat is attached hereto and made a part hereof of this reference. WHEREAS, Joellyn T. Duesberry and A. Regina1 Duesberry, her husband, have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate the 60-foot wide unimproved street as shown shaded in red and designated as "McRae Street" on the .aforesaid plat, a copy of which is attached to and made a part hereof by this reference. WHEREAS, notice of the adoption of this ordinance has been given in accordanc~ 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 of Virginia, 1950, as amended, that the Unimproved 60-foot street described above and shown shaded in red and designated as "McRae Street, on the aforesaid plat, be and it is .hereby vacated. 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, Virginia. Ayes= Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepels and Mr. O'Neill. The matter of pay increases to be effective June 1, 1973 comes before the Board and after much discussion of this matter, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that the salary increases, established and approved for the 1973-74 budget are hereby appropriated from various unappropriated surplus fund balances as follows: Fund 11 - General Fund $14,394.00 Fund 13 - Library Fund 1,700.00 Fund 17 - County Garage 370.00 Fund 21 - Welfare 1,500.00 Fund 22 - Nursing Home 1,000.00 Fund 31 - Ettrick Sanitary District 32.00 Fund 41 - School Operating 49,805.00 Fund 61 - Water Operating 1,565.00 Fund 63 - Water Impr. Repl. & Ext. 494.00 Fund 66 - Water Meter Installation 679.00 Fund 71- Sewer Operating 988.00 Fund 73 - S~wer Impr. Rep. & Ext. 686.00 $73,313.00 Ayes: Mr. Myers, Nays: Mr. Hornet Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Jack Loftus speaking for the Southampton Sewer Association, comes before the Board and stat~s that 80% of the 114 families in the area have signed sewer agreements and asked when the County will install sewers in the area. Mr. Painter states that the previous plans call for advertising the bids on July 22nd and to award the bids on August 22nd. Mr. Loftus stated that this was satisfactory. This day the County Road Engineer, in accordance with directions from this Board, made report in w~iting upon his examination of Crossvine Road in Centralia Gardens Subdivision in Dale Magisterial District. Upon consideration whereof, and on the motion of Mr. Myers, it is resolved that Crossvine Road in Centralia Gardens Subdivision in Dale Magisterial District,. be and hereby is 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 System, Crossvine Road from its intersection with State Route 788, Telstar Road, eastwardly 0.10 mile to its intersection with State Route 750, Shiloh Drive. This road serves 4 houses. And be it further resolved, that the Board of Superv/sors guarantees to the Virginia Department of Highways a 50 foot right-of-way for this road. Plat recorded in Plat book 8, pages 47A and 47B, dated A~ust 25, 1944. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela an~ Mr. O'Neill The County was notified that the following addidions and deletions to the Secondary System have been officially accomplished: Addition: Section 3 and 4 of new location Route 603 from .Station 99 + 00 to Powhatan Ceunty line, pro]ect 0603-020-155, C501:156,B640 Abandonment: Sections 1 and 2 of old location Route 603 from Station 99 + 00 to powhatan County lire, project 0603-020-155, C501; 156, B640 Ayes: Mr, Homer, Mr. Myers, Mr. Appersen, Mr. Krepela and Mr. O'Neill. 0.20 Mi. 0.20 Mi. Mr. E. L. Covington, Resident Engineer, Virginia Department of Highways, was questioned concerning the exit sign at Cloverleaf Mall and he stated that this matter was under investigation with the owners of the Shopping Center. The request for a speed limit sign on Stella R~ad, a request by Mr. J. R. Appelm~ was discussed and Mr. Covington stated that this matter iS under investigation. The County Administrator explains the drainage program in the Bellwood Manor area and the scope of the project proposed which calls for the expenditure in excess of $100,000 of non-County money, provided easements can be secured. It was cited the problems of acquiring an easement across the lands of Mr. Louis Reynolds and it appears at this time that this easement will have to be condemne Mr. Myers states that he has sold his property in the area to the Preston Trucki Company and has ~o interest in the matter at this time but does wish to disclose his previous interest in this matter. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that due to the emergency of getting this program underway, due to the benefits that will accrue to the homes in Bellwood Manor that the easement acress the land belongin to Mr. Louis Reynolds be condemned if said easement proves to be necessary in this program. Ayes: Mr, Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Apperson again brings up the problem of the narrow bridge on Beulah Road at Kingsland Creek. Mr. Covington states that this project is being progra~ed at this time. Mr. Covington advises the Board that a resolution passed on April 11, 1973 concerning the right-of-way west of Route 671 in the amount of $2,500.00 from the 3¢ Read Fund of the County, also included a request to take said road into the Secondary System as a Rural Road and states further that this cannot be done at this time because of the small number of hemes and the excessive amount of money necessary to bring this right-of-way up te acceptable standards. On motion ef Mr. Krepela~ seconded by Mr. Myers, it is resolved that the resolutio: of April 11; 1973 be recinded and that the Highway Department be requested to improve this right-of~way at a cost not to exceed $2,500.00 to be paid from the 3¢ Road Fund of the County. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepe~a and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a sewer connection be allowed for a Bank to be constructed at the intersection Rout~l Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Graham Jennings, Attorney, for the owner of E1 Rancho Trailer Court comes before the Board requesting some decision on his client's request to connect this Trailer Court to the County's sewer system. Mr. Painter states that the entire cost of eliminating the Buford Lagoon and connecting the Trailer Court would be $96,000. Mr. Jennings states that his client would pay $40,000, plus some connection charges for new trailers if allowed. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the Count] Engineer investigate this matter more thoroughly and that action en this matte~ would be deferred to June 27, 1973. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepela. ~- ~==~ n,,v~n~ Ordinance was advertised twice in the Richmond Times-Dispatch Mrs. Elizabeth Hodgins presents a petition signed by some 250 people requesting ~he Board ~to pass the-.Ordinance. burning is not nearly as bad as cars, trucks not want to rake two acres of lawn. Mr. Sam Wagstaff s%ates that the collection of leaves all over the County ' Will cost:~he.'t~Payers a lot of money. Mrs. L. E. Armstrong, Chesterfield,s Chairman of the League of Women Voters, Speaks against the passage of the Leaf Burning Ordinance, stating in general that the County should pick up the leaves saving the pollution of the air. Mr. Robert Ellyson, representing the Richmond Area T.B. and Respiratory Disease Association, states that'the County should pick up the leaves or citizens should Compost° Mrs. George Auclair 'speaks against the passage of the Ordinance stating that she wants clean air. · Mr. Herbert Holden speaks of his concern due to the safety factor since at times the smoke from burning leaves may impair proper sight distance. Of those citizens present,.30 stand in favor of passing the Ordinance, 11 stand against the passage of the'Ordinance. Mr. Apperson states that most of our problems stemmed from trying to burn leaves in a ditch with no.air and agreed with Mr. Hayes that people may cut down trees to avoid the leaves if they were forced to rake up the leaves and put them in bags. Elderly people find it hard to keep the lawns clear of leaves. Water courses and 'drainage ditches all over the County have been choked by leaves and he states that he believes the burning of leaves is the only way out. Mr. Krepela states that the Midlothian area is one of the most sensitive magisterial districts to'this problem and agrees with the Burning .Ordinance, however, will investigate the possibility of a Midlothian Sanitary District for leaf burning. Mr. Myers states that his telephone calls run 50 to i in favor of the Ordinance. Mr. O'Neill speaks in favor Of the Ordinance. ~r. Rudy states that the proposed ordinance is more restrictive than the State Air Pollution Control Board. Mr. Hornet says the success depends on the discretion of the County citizens ~ and urges all citizens to view the matter seriously and to burn leaves properly. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following Ordinance be and'it hereby is adopted: AN ORDINANCE to .amend and reordain Chapter 3, Article III, of the Code oS the County of Chesterfield, Virginia, by adding thereto four new sectionst Section 3-20, 3-21, 3-22 and 3-23, to prohibit the open burning of leaves from trees during Certain periods of the year and within certain hours of the day; to prohibit burning w~e~ leaf pick-up service is made available; and to establish penalties for violation thereof. BE iT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD, VIRGINIA: 1. That Chapter 3, Article III, of the Code of theCounty of Chester~eld, Virginia, be amended by ·adding thereto four new sections, Section 3-20,3-21, and 3-23, to rea~ as follows: Section 3-20. Burning of leaves~ when ~rohibit~, It shall be unlawful for any person to burn leaves in the Open during the period beginning May 16 and ending October 15 of any year, and during the period beginning December 16 and ending March 15, of any year; except, however, that for a period of 30 days commencing with the effective date of this ordinance open burning of leaves shall be permitted. Section 3-21. Burning of leaves~ when allowe,]. (a) It shall be lawful for persons to burn leaves from trees on property where they reside during the period beginning October 16 and ending December 15 of any year,a~d during the period beginning March 16 and ending May 15, of any ~ear, (b) Provided, however, that during such letter period (March 16 to May 15) such burning will be unlawful if it occurs within three hundred feet of any woodland or brushland unless it takes place,_'between the hours of four o'clock post meridian and twelve o'colck midnight. Section 3-22. Burning of leaves ~rohibited when pick-up service available, i~ (a} Within the bOunds of any area designated by the Board of Supervisors and duly proclaimed by said Board as an area in which a county leaf pick-up service shall be provided by said Board on a onee-a-week basis during the periods ~' when leaf burning under Section 3-21 abOve would be otherwise permitted, it ~ shall be unlawful to burn leaves at any time. (b) In the event the Board of Supervisors shall choose to make the pick-up service mentioned in paragraph (a) above available in a designated area, it shall do so by describing said ~rea by metes and bounds in a notice published once a week for two successiv~weeks in a newspaper having general circulation in said area and by p~sting said notice in at least five (5} public places within the area so designated. Section 3-23. Penalties. Any~rson violating any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor and shall be liable to a fine of not more than five hundred dollars for each violation. This ordinance shall be and become in full force and effect upon its passage as provided by law. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The Ordinance re-arranging the boundaries of the Ben Air Precinct and Crestwood Precinct in the Midlothian Magisterial District was advertised according to law for a hearing on this date: AN ORDINANCE to provide for the rearrangement of the boundaries of Ben Air Precinct in Midlothian Magisterial District and Crestwood Precinct in Midlothian Magisterial District, Chesterfield County, Virginia, by dividing the existing Ben Air and Crestwood Precincts and creating a new voting precinct to be known as the Huguenot Precinct so that the boundaries of the precincts coincide with the existing boundaries of the United States Congressional District~ and the Commonwealth of Virginia Senatorial Districts, and to rearrange the boundaries of Wagstaff Circle Precinct, in Clover Hill Magisterial District, Chesterfield County, Virginia, by creating a new voting precinct to be know~ .as Shenandoah Precinc~ in order to conform Wagstaff Circle Precinct and the newly created Shenandoah PrecinCt with the existing boundary lines of the United States Congressional District lines and the Commonwealth of Virginia Senatorial District lines; and to establish the voting places at all of the newly arranged voting precincts in Chesterfield County, Virginia. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VA.: 1. Pursuant to authority contained in the Code of Virginia of 1950, as amended, Sections 24.1-37 and 24.1-39, the Ben Air Election District, the Crestwood Election District and the Huguenot Election District, all in the Midlothian Magisterial District of Chesterfield County, Virginia, and the Wagstaff Circle Election District and Shenandoah Election District in the Clover Hill Magisterial District of Chesterfield County, Virginia, and the respective polling places in each ~lection District are created and established as set forth in this ordinance. BeN AIR VOTING PRECINCT: Begininning at the intersection of the center line of the Southern Railway with the boundary line between Chesterfield County and the City of Richmond-; thence northwardly and westwardly again along said boundary line to its intersection with the center line of Huguenot Road (State Road #147); thence we~twardly along the center line of the Southern Railway to the point Of beginning. The voting place therein is to be at Ben Air Community House. CRESTWOOD VOTING PRECINCT: Beginning at the intersection of the center line Of U. S. Route %60 with the boundary line between Chesterfield County and the City of Richmond; thence northwardly and westwardly along said boundary line to its intersection with the Southern Railway; thence westwardly along the center line of the Southern Railway to its intersection with Buford Road (County Route #678); thence southwardly along the center line of Buford Road to its intersection with U. S. Route No. 60; thence eastwardly along the center line of U. S. Route No.60 to the point of beginning. The voting place therein is to be at Crestwood Elementary School. HUGUENOT VOTING PRECINCT: Beginning at the intersection of U. S. Route %60 and Buford Road (Route No. 678); thence in a northerly direction along the center line of Buford Road to its intersection with the Southern Railway: thence westwardly along the center line of the Southern Railway to its intersection with State Route #147.~. to its intersection with U. S. Route %60: thence along the center line of U. S. Route #60 to the point of beginning. The voting place therein is to be at Brighton Green Community Center. SHENANDOAH VOTING PRECINCT: Beginning at the intersection of the center line of Reams Road with the center line of S. Arch Road~ thence in a northerly direction-along the center line of South Arch Road continuing into the center line of North Arch Road to the intersection Of U. S, Route #60; thence westwardly along the center line of U. $~ Route #60 to the intersection of Courthouse Road; thence southwardly along the center line of Courthouse Road to the intersection of Reams Road and easterly along the center line of 'Reams Road to the point of beginning. The voting place therein is to be at Shenandoah Community Center. WAGSTAFF CIRCLE VOTING PRECINCT: Beginning at the intersection of the center line of Courthouse Road with the center line Of U. S. Route No. 3602 thence northwardly along the center line of Courthouse Road to its intersection with the center line of Reams Road: · thence eastwardly along the center line of Reams Road: thence eastwardly along the center line of Reams Road to its intersection with the center line of South Arch~ thence to a northerly direction along the center line of South Arch Road continuing into the center line of North Arch Road to its intersection with the center line of U. S. Route %60~ thence eastwardly a~ong the center line of U. S. Route 60 to. its intereection with the boundary line between Ch6sterfield County and the City of Richmond; thence southwardly along said boundary line to its intersection with~he center line of U. So Route3602 thence westwardly along the center line of U. S. Route No. 360 to the p~int of beginning. The voting place therein is to be at Providence Junior High School. 2. The-secretary of the Electoral Board shall notify, by mail, not later than fifteen {15) days prior to the next general, special or primary election, all registered voters whose precinct and/or polling place has been changed by the provision of this ordinance. 3. Shou.ld any section or provision of this ordinance be decided to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. 4. This ordinance shall be in full force and effect upon its adoption and enactment-by the Board of Supervisors of Chesterfield County, Virginia. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr, Apperson, it is resolved that the Ordinance for changing the Chester Precinct be advertised for a public hearing at a later date. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krep~la and Mr. O'Neill. Mr. Krepela asked that a resolution establishing a bird sanctuary in the Village of Midlothian be deferred to June 27, 1973. Mr. Myers asked that a Variance request of Mr. Whittle on Lafayette Avenue be deferred to June 27, 1973. request On m~tion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the the for withdrawal of the Castle Park Systems, Inc. for a Mobile Home Park on Meadowville Road, be, and it hereby is accepted. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepelao 73-S059 Mr. Sam Barker comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2) of a parcel of land of irregular shape, containing 30.75 acres, fronting on the north approximately 1,200 feet on Route 620, also fronting on the south approximately 2,400 feet on Ramblewood Drive (Rt. 617), and being located approximately 800 feet east of the intersection of Lawing Drive and Route 620, in Bermuda Magisterial District. Refer to Tax Map sec. 134-2 (1) parcel 2 and part. of parcel 6 (Sheet No. 42). Mr. Barker states that he proposes to develop the land as a subdivision. Mr. F. M. Washabaugh, Jr. questions the intent but does notoppose the request. Upon consideration whereof, and the Planning Commission having recommended approval, it is on motion of Mr. Myers, seconded by Mr. Krepela, resolved that the aforedescribed parcel of land be and it hereby is rezoned for R-2 purposes. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S063 Mr. Paul Brewster, representing the Kayhoe Construction Company, comes before the Board on behalf of the rezoning request of Mr. J. Gilbert Ball requesting the rezoning from Residential {R-2) to General Business (B-3) of a parcel of land of irregular shape, containing 18.81 acres, fronting approximately 1,000 feet on Iron Bridge Road (Rt. 10) extending northwestwardly to a depth of approximately 1~000 feet, and being located approximately 200 feet n~rtheast of the intersection of Iron Bridge Road and Canasta Drive in Dale Magisterial District. Refer to Tax Map Sec. 66~1 (1) parcel 3 (Sheet No. 22). Mr. Ball states that he wants a Use Permit to build a Funeral Home on 6-acres of land fronting on Route %10, 400 feet on the northern side of his property and that he will pump sewage, until the sewer line comes to the area. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this matter again be deferred to June 27 at 2:00 P.M. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. John Moore, Attorney, comes before the Board representing the Lone Star Properties, Inc. requesting the rezoning from Agricultural (A) to Residential (R~2) and Townhouse for sale (R-7) two parcels of land of irregular shape, containing 304 acres, fronting approximately 150 feet on Newby's Bridge Road (Rt. 649), and being located approximately 1,800 feet south of the intersection of Newby's Bridge Road and Walmsley Boulevard, in Cloy'er Hill Magisterial District. Refer to Tax Map Sec.51-1 (1) parcels 1 & 2 and 40-13-(1) parcel 8-1 (Sheet No. 15. and presents Mr. Kurk Ames, an official of the company, who states that it is their policy now to use all saleable land. Mr. David Bibnerpresents slides showing the effect of the proposed development on traffic, sewer and water and states further that 47-acres will be dedicated to theCounty for park purposes~ that 40% of the site will be single family, 30% will be Townhouses, and 30% will be vacant. He proposes cluster type homes in some cases, and a varied assortment of Townhouses. Mr. David Bick presented an economical impact study which purported to show that the County of Chesterfield would make a profit from this development. The County Administrator stated that he did not agree entirely, with the findings of Mr. Bick but would go into the differences at another time. Mr. C. Porter Vaughan speaks in favor, stating that he has 210 acres of adjacent property and hopes that R-7 zoning can be secured for 'this area also. Mr. Homer states that the roads in the area are questionable, that this land does.not have to be multiple family and there are at least 30 acres of non-usable land along the Creek. .Mr. Ames and Mr. Bick state that they wish to avoid any arrangement other than home owners and would probably bare clauses in the deeds against renting the Townhouses. On motion of Mr. Homer, seconded by Mr. Myers, it is resolved that this matter be deferred to July 25, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 7~h$074 On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the request of the Day Realty of Richmond, Inc., be deferred to July 11, 1973. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. Krepela. 73S075 Mr. J. Gray Spain comes before the Board requesting the rezoning from Agricultura (A) to General Industrial (M-2) of a parcel of land of rectangular shape, containing 3.58 acres, fronting approximately 320 feet on Happy Hill Road (Rt. 619), extending westwardly to a depth of approximately 400 feet, and being R0adl°catedand approximatelYjefferson Davi~l 700Highwayfeet northeas= of the intersection of Happy Hill parcel 10 (Sheet 49). (Rt. 1/301). Refer to Tax Map Sec. 163-3 (1) Mr. Spain states that most of his work will be the servicing of trucks, of which haul gasoline. Upon consideration whereof and on motion of Mr. O'Neill, seconded by Mr, Myers it is resolved that this matter be deferred to June 27, 1973. ' Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S076 Mr. William Wood a Conditional Use to operate by product gYps~m.'outside storage on a part of two parcels of land of irregular shape, containing 485 acres, fronting approxi- mately 2,700 feet on Bellwood Road (Rt. 656), and being located approximately 1 mile east of the Bellwood Road and Route 1-95 underpass in Bermuda Magisterial District. Refer to Tax Map Sec. 68-7 (1) parcel 1 and 68-10 (1) parcel 2 (Sheet Mr. Apperson states that since he is an employee Of the DuPont Company he now withdraws from the Board for this case. Mr. Wood states that Calcium phosphate or gypsum may be a marketable product some future date and wishes to Store some on the 20-acres of land owned by the DuPont COmpany. He states further, that the Health Department and the State Water Control Board have approved this proposal, that gypsum will not break down under reasonable conditions and that the 20 acres will possibly be filled in five or six years. There appearing no one in opposition to this request and the Planning Commission. hav~ng recommended approval, it is on motion of Mr. Myers, seconded by Mr. Krepel~ resolved that a ~on~itiQnal Use to operate an outside storage on the afore- described parcel of land be and it hereby is subject to the following conditions: , Attorney for the DuPont Company,cOmes before the Board requesti~ ~i3) 1. The applicant shall provide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and the surrounding area. The applicant shall submit such a plan tO the County Engineering Department which will provide for on and off site drainage control. The plan shall explain the methods and show the facilities to be utilized in the hydraulic engineering of this project. This plan shall be approved by the Engineering Department prior to the applicant beginning any storage operation. 2. The application shall submit a plan for erosion and sediment control by the County Engineering Department. Such a plan is to be comprised of vegetative and engineering practices (as outlined in the "Erosion and Sediment Control Technical Handbook" published by the James River Soil and Water Conservation District) to be ~tilized as erosion and sediment control measures for the project. The plan shall be approved by the Engineering Department prior to beginning any storage operation, 3. No waste other than gypsum shall be deposited. 4. The top surface shall be covered with compacted soil upon completion of the filling of each cell. 5. The ~pplicant shall establish background levels for calcium sulfate and the runoff from the fill area and monitor the runoff for both constituents throughout the disposal operation, 6. All storage shall occur in no other area than that indicated on the composite map marked and dated 4/18/73 and submitted with the Conditional Use application. 7. The height of the gypsum storage shall not exceed the total height of the natural bluff adjacent to the storage area. 8. Within 1 year of the cessation of this storage operation the ground area shall be reclaimed sufficiently engough to permit natural growth. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. 735077 The Board of Supervisors of Chesterfield County requests the following changes in the Zoning Districts Maps of Chesterfield County: A. In Matoaca Magisterial District, establish a Zoning District boundary line along the east line of Lot 14, the alley easement between Lots 6 & lt, and the east line of Lot 6, in Block F, of Laurel Branch Farms. Refer to Tax Map 182-9 ('3)Blk. 1, lots 6,7, 14 and 15. B. In Matoaca Magisterial District rezone from B-2 community Business to B-2 General Business parcels known as Tax Map 181-12 (4) lots 16, 19 and 19A and Tax Map 182-9 (2) lot 18. C. In Midlothian Magisterial District rezone from R-2 Residential to B-2 Community Business parcels known as Tax Map 15-12 (2), parcels 8, 8-1, 10, 11, 12, 13, 14 and that part of parcel 9 south of a line extended from~ the north- east corner of parcel 8 to the northwest corner of parcel 14. D. In Bermuda Magisterial District rezone from A-Agricultural to M-1 Light Industrial., a parcel known as Tax Map 116-12 (2) 5. E. In Matoaca Magisterial District rezone from B~2 Community Business to A-Agricultural part of a parcel known, as tax Map 181-1 (1) 5. F. In Matoaca Magisterial District rezone from A-Agricultural to B-2 Community Business a part of a parcel known as Tax Map 181-1 (1) 6 being 200 feet by 200 feet and including 5309 HickOry Road. G. In Midlothian Magisterial District rezone from R-1 Residential to B-1 Convenience Business a parcel known as Tax Map 10-2 (1) 8. H. In Matoaca Magisterial District rezone from B-2 Community Business to B-3 General Business a part of a parcel known as 163-3 (1) 2. I. In Matoaca Magisterial District rezone from A Agricultural to B-3 General Business, a parcel known as Tax Map 181-8 (1) 3-1 Mr. John Smith speaks on Item C of the Board's request and points out several ways in which this could be amended. Upon consideration whereof, and on motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that Item C of this request be deferred to July 11, 1973. Upon further consideration whereof and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that all of the zoning changes reqg/ested in Case 73-77 be approved with the exception of Item C. Ayes: Mr. Horner, Mr. Myers, Mr. Ap~erson, Mr. Krepela and Mr. O'Neill. 73S078 Mr. Kenneth R. Snodgrass comes before the Board requesting a Use Permit to locate a Mobile Home at 2900 Kin~sland Road. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a Use Permit to allow a mobile home on this property be granted for a period of two (2) years. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Fir. Krepela. 73S079 Mrs. Roland D. Stokes, Jr., comes before the Board requesting a Use Permit to park a Mobile Home on the property of James Carey for her daughter who is to be married soon. There appearing no one to oppose this request, it is on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a Use Permit to locate a Mobile Home at 9920 Jean Drive be and it hereby is granted for a period of two (2') years Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that an Ordinance of the County of Chesterfield, Virginia,. Chapter 17 of the Code of Chesterfield County, Virginia to add to Section 1 the following: "(66) One Mobile Home for an owner or operator of a business being conducted on the premises subject to a mobile home permit from the Board of Supervisors," and to add to Section 21-1 the following: "(24) Mobile Homes sub3ect to a mobile home permit fl~ the Board of Supervisors.,. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On. motion of Mr. Myers, seconded by Mr. K~epela,' it is resolved that the Ordinan~ to amend Chapter 17, Article X, section 10-17 of the Code of the County of Chesterfield, Virginia be amended to read as follows: SECTION 10-17. Common Areas and Ownership of Property. In the event common areas are provided which are not contained in lots or streets conveyed to individual owners said common areas shall be maintained by and be ~_he sole responsibility of the developer-owner Of the townhouse development until such time as the developer-owner conveys such common area to a non-profit corporate owner whose members shall be all of th~ individual owners of to~alhouses in the townhouse development or to a non-profit council of co-owners as provided under Title 55-7911 et seq of the Code of Virginia (1950), as amended (horizontal Property Act). Said land shall be conveyed to and be amd b_~held by such non- profit corporate owner or such non-profit council of ce-owners solely for recrea- tional and parking purposes of the owners of the individual to~nhouse lots in such townhouse development. In the event of such conveyance by the development- owner to a non-profit corporate owner, deed restrictions and covenants, in form and substance satisfactory to the Commonwealth.s Attorney of the County of Chesterfield, Virginia, shall provide, among other things, that any assessments, charges and costs of the maintenance of such common areas shall constitute a pro-rata lien against the individual townhous'e lots, inferior in lien and dignity only to taxes and bona fide duly recorded deeds of trust on each townhouse lot. An applicant, seeking to subject property to townhouse develop- ment under this article whose ownership or interest in the property is held by a valid.lease, shall provide for an initial term of not less than five hundred (500) years in such lease. This ordinance shall be in full force and effect upon its passage as provided by law. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela seconded by Mr. Myers, the .following resolution is adopted: -.'WHEREAS, several citizens of Midlothian are interested in maintaining the historical and architectural uniqueness of the Midlothian Village; and WHEREAS, these citizens have requested the County's help in maintaining this uniqueness, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors requests the County Planning Commission and ~lanning Department to prepare the necessary information and ordinances to help maintain the historical and architectural uniqueness of Midlothian Village and that the Commission and Planning Staff work with any interested citizens on this project. 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 the following water contracts be and they hereby are approved: W73-37CD Physic Hill, Section "E" $10,949.70 W73-34D Chippenham Square Apts. 14,872.50 W73-40D Pocochock Townhouses, Phase II 5,335.00 W73-35CD-I Stigall Drive 2,800.00 W73-35CD-2 Moravia Drive Ayes: Mr, Homer, Mr. Myers, Mr. Apperson & Mr. Krepela ,840.00 On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that Project W73-23CD for the installation of water in Lyndale, W73-24C for the installation of water on Galena Avenue be awarded to the 3M Construction Company, who submitte~ the low bid in the amount of $31,132.60. Ayes: Mr. Horner, Mr. Myers and Mr. Krepela. On motion of Mr. Hornet, seconded by Mr. Myers, it is resolved that the following sewer conr~racts be and they hereby are approved: S73-39D Pocos~ock Townhouses, Phase II $15,255.00 S73-41D Meadowdale, Section "H" 10,403.99 S73-40D Courthouse Green Section "B" 45,102.90 S73-38D The Meadows 95,041.00 $73-4D Kingwood 48,547.00 Ayes: Mr. Morner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that SELCO be granted a 60-day extension on Project 6511-%9 as recommended by the County Engineer. Ayes: Mr. Hornet, ~r. Mhers, Mr. Krepela and Mr. O'Neill On motion of Mr. Krepela, seconded by Mr, Myers, it is resolved that the Change. Order #1 on Contract 7032-1 be approved as recommended by the County Engineer. Ayes: Mr. Horner, Mr.. Myers, Mr. Krepela. and Mr. O'Neill. The question of furnishing sewers to the Wil-Car property on Route 10 comes before the Board and it was cited that in order to run sewers to Johnson Creek the trunk sewer would cost $329,000, and to pump to Proctors Creek $116,000 is the estimated cost. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. O'Neill it is resolved that the County Administrator be authorized to write guaranteeing sewer service to this area, provided $150,000 is paid in connection fees and a suitable agreement is reached on the treatment of strong sewage. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Nays: Mr. Apperson, stating he does not agree with the guarantee. Mr, Apperson again ques~ons the County Engineer as ko the availabilityof sewers for Fuqua Farms. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the application of Mr. O, T. Davis for Bingo games for the Olde Coach Civic Associatio to raise funds for the area be and it hereby is approved. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Horner again raises the question about hard-surfacing the streets in Chestnut Hills Subdivision and the County Administrator was directed to request immediate action in this area. The Compensation Board sent notification of the amounts given to each Constitu- tional Office for the fiscal year 1973-74, which notices are filed with the papers ef this Board. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the agreement between Chesterfield COunty and the Virginia Division of Forestry for timber marking on the Park property at Route 360 and Courthouse Road be and it hereby is approved. ' Ayes: Mr. Horner, Mr. Myersr Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that a Change Order in the electrical contract with the HendriCks Construction Company for the construction of the maintenance hangar at the Airport be and it hereby is approved. Ayes: Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Apperson abstains from voting. On motion of Mr. Krepela, seconded by Mr. Appe~son, it is resolved that the following erroneouis tax claims be and they hereby are approved for payment. M. Roy Battista 1973 Co. motor vehicle 8339 Halesworth Road license stickers $30.00 Richmond, Virginia Roland E. White Personal Property 1972 53.38 P. O. Box 1477 Richmond, Va. Ayes: Elaine 5. ~oney 5500 Claridge Dr. Chesterfield, Virginia Mr. Myers,.Mr. Apperson, Mr. Krepela and Mr. O'Neill. At the further request of the School Board, it is on motion of Mr. Krepela, seconded by Mr. Apperson, the following resolution is adopted: Be it hereby resolved that Chesterfield County, Virginia, a political sub- division, created by Chapter 100, Acts of Virginia 1900, acting by and through the Board of Supervisors, does hereby elect to have such of the non-professional employees of the Chesterfield County School Board, who are regularly employed full time on a salary basis and whose tenure is not restricted as to temporary or provisional appointment, to become eligible to participate under the Gr cup Life Insurance program effective August 1, 1973 under conditions set forth in Section 51-111.67:1 through Sections 51-111.67:13 of the Code of Virginia, as such Code has been or may be amended ~rom time to time and said Chesterfield County School Board agrees to deduct from said employees wages and pah over in the manner prescribed, the respective amounts required by law, and, further to pay the required employer cost. Now, Therefore, C. E. Curtis, Chairman of the School Board of Chesterfield County, and Robert A. Lux, Clerk of the Chesterfield County School Board are hereby authorized and directed in the name of said County, to execute any required contract in order that the non-professional.employees of the Chesterfiel~ County School Board may become eligible to participate in the. Group Life Insuranc~ Program as provided in the aforementioned sections of the Code of Virginia. In execution of any contract which may be required, the seal of the Chesterfield County Bchool Board shall be affixed and attested by the Clerk and said officersi of the Chesterfield County School Board are authorized and directed to pay from time to time such sums as are due to be paid under said contract by the Chesterfield County School Board and its employees. Ayes: 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 bid for two (2) animal rescue units in the amount of $2,950.00 each be awarded to the Swab Wagon Company, who submitted the low bid. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that bids for 24 vehicles be awarded to the various low bidders, provided a sedan for the School Board is an economy car. Ayes: .Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr, Krepela,. it is resolved that this Board requests the Judge of Circuit Court, the. Honorable Ernest P. Gates, to re-appoint the following officers in the Auxiliary Police Unit: 1. Unit 179 J.W. Keesling 9. Unit 188 E. Eggleston, Sr. 2. Unit 181 J.E. Graham 10. Unit 190 W~ M. McClintock 3. Unit 182 Ao L. Hammel 11. Unit 192 B. Ro Young 4. Unit 183 G.L. Hood 12. Unit 193 J.F. Wood 6. Unit 185 O.C. Graves 13. Unit 194 H.M. Self, Jr. 7. Unit 186 J.R. Beavers 14. Unit 195 C.R. Watson 8. Unit 187 W.M. Colbert 15. Unit 198 R.L. Vaughan And be it Further.Resolved~ that the following five (5) men be appointed to the Auxiliary Police Units: John Burley Edens, III Richard Moore King, Jr. Gus Scottman Shipley Lynwood Neal Morris James Kenneth Andrews Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved tb~t the bill for Mr. Fred Gray in the amount of $51,949.39 for legal expenses in the Consolidation School Case to June 1, 1973, be paid. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that, ~I Salisbury Country Club be authorized to have a pyrotechnic display on July 4,1973I provided the usual rul.es imposed in such an event be followed. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the sum of $90,000 be transferred from 41-421-Instruction to 41-451-Transportation in the School Budget for 1972-'73. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O.Neill. Mr. Apperson brought to the attention of the Board the recent drowning of a young boy in one of Chesterfield's ponds, and raised the-question, "Should not all ponds be ~enced to safeguard citizens of the County in the future"? It was generally agreed that the Commonwealth's Attorney would look into this matter~ It Ks reported that the HOme Builders'Association of Richmon% has answered the request of the Board to reply to the request of the County Fire DepartmeRt to have fire hydrants installed on multi-family construction before the sheathing or roof decking i.s installed. The Home Builders' indicated that the prevailing Count~ policy should be followed because fire hazards are the total responsibility of the builder or developer, it is too hard in some cases to install roads and water lines due to the weather and such a proposed policy would not be feasible. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board adjourns at 7:40 P.M. to 11:00 A.M. on June 26, 1973 in the Finance Office of the State. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. M W Burnett Secretary June 26, 1973 At a regular adjourned meeting of the Board'of Supervisors of Chesterfield County, Virginia, held in its meeting room in the Courthouse in said County, the usual place of meeting of said Board, on the 26th day of June, 1973, at 11:00 A.M., there were present the fcllowing members of the BOard: PRESENT: Irvin G. Hornet, Jr, R. Apperson, Leo Myers, Aldrich J. Krepela and E. Merlin O'Neill. ABSENT: None The attached resolution was introduced by Mr. Apperson, and seconded by Mr. Myers, and unanimously adopted upon the favorable votes of Irvin G. Hornet, J, R. Apperson, Leo Myers, Aldrich J. Krepela and E. Merlin O'Neill: BE IT RESOLVED BY THE BOARD'OF SUPERVISOR$OF CHESTERFIELD COUNTY, VIRGINI~ SECTION 1. There shall be, and hereby is, accepted the bid of THE CHASE MA~qATTAN BANK, N. A., for the purchase of the Eighteen Million Dollars ($18,000,000) principal amount of bonds of Chesterfield County, Virginia (the "County"), issued pursuant to an election held in the County on May 1, 1973, an order of the Circuit Court of the County entered on May 30, 1973, .and a resolution adopted by the BOard of Supervisors on June 13, 1973, said bonds being designated in said resolution as General Obligation Sewer Bonds (the "Bonds") and the details of which Bonds are as more fully described in Section 2 of this resolution, and siad bid being of par plus a premium of $550.00 and accrued interest from the date of the Bonds to the date of Delivery thereof for Bonds bearing interest at the rates per annum set forth in Section 2 hereof. SECTION 2, The Bonds shall be 'issued in the form of coupon bonds, registrable as to principal only, shall be dated as of August 1, 1973, shall be numbered from 1 to 3,600, both inclusive, in order of maturity, shall be of the denomination of $5,000 each, shall mature serially in numerical order on Aug.us~ 1 in each of the years and in the principal amounts set forth below, and in accord- ance with the terms of the aforesaid bid of THE CHASE MANHATTAN BANK, N.A. shall bear interest payable semi-annually February 1, and Augustl of each year at the rates per annum, as follows: Principal Principal Year of Amount Rate of Year of Amount Rate of Maturity Maturing Interest Maturity Maturing Interest 1979 $100,000 6.00% 1988 $500,000 6.00% 1980 100,000 6.00% 1989 600,000 5.20% 1981 100,000 6.00% 1990 600,000 5.10% 1982 100,000 6.00~ 1991 600jO00 5.10% 1983 100,000 6.00% 1992 1,000,000 5.10% 1984 100,000 6.00% 1993 2,500,000 5.25% 1985 100,000 6.00% 1994 3,000,000 5.25% 1986 lO0,0OOi 6.00% 1995 3,500,000 5.25% 1987 100,000 6.00% 1996 4,400,000 5,25% Both the principal Of and interest on the Bonds shall be payable in lawful money of the United States of America at the principal office of the Central National Bank, in the City of Richmond, Virginia, or, at the option of the holders of the Bonds and coupons appertaining thereto, at the principal office of THE CHASE MANHATTAN BANK, N.A. in the City of New York, New York. The Bonds maturing on and after August 1, 1984, shall be subject to redemption, at the option of Vhesterfield County, prior to theri stated maturitie, on and after August 1, 1983, in whole at any time, or in part from time on any interest payment date in the inverse order of their maturities and by lot within a maturity, at the redemption prices with respect to each Bond, expressed as a percentage of the principal amount redeemed set forth below, together with the interest accrued thereon to the date fixed for redemption: If Redeemed August 1, 1983 to and including August 1, 1985 Thereafter to and including August 1, 1987 Thereafter to and including August 1, 1989 Thereafter to and including August 1, 1991 Thereafter to and including August 1, 1993 Thereafter to maturity Redemption Price 103% i02-½% i02% 101-½% loo-%% 100% Notice of redemption of said Bonds to be redeemed, stating the designation, date, numbers and maturities of the Bonds to be redeemed, the date fixed for the redemption thereof and the redemption price payable upon such redemption, shall be given by publication of such notice once in a'daily newspaper printed in the English language and customarily published on each business day and of general circulation in Chesterfield County, Virgihia, and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each business day in the City of New York, ~ew York, the date of publication of such notice in any case to be at least thirty days prior to the date f~xed for redemption~ provided that if any Bond called for redemption shall at the time be registered as to principal only, notice of the redemption thereof may be given by the mailing at least thirty days before the ~edemption date by registered or certified mail of a copy of such notice to the registered owner thereof at his address as it appears upon the books of registry or at such other address which he may have filed with the purpose, in which event notice ef the redemption thereof need not be given by publication; be given'by publication: and provided further, that if notice of the redemption of any such Bond shall be given by publication as aforesaid, then neither the failure to mail any notice nor any defect therein shall affect the validity Of any proceeding for the redemption of such Bond. If any Bond shall be called for redemption and notice of such redemption duly given as aforesaid, and if on or before the Redemption date the payment of the redemption price, shali have been duly made or provided for, then said Bond shall become due and payable upon such redemption date and interest thereon shall cease from and after the date so specified for the redemption thereof. The form of the bonds shall be as set forth in the aforesaid resolution of the Board of Supervisors adopted June 13, 1973, providing for the issuance and sale of the Bonds, with such modification, additions and deletions as may be necessary or required in order that said form conforms to the details of the Bonds as set forth in this resolution. SECTION 3. The actions of the Executive Secretary in fixing the date of the Bonds, the interest payment dates of the Bonds, the amounts and dates of payment of the installments of principal on the Bonds, the places of payment of the principal of and interest on the Bonds, the redemption prices to be paid upon the redemption of the Bonds, the periods during which such redemption shall be be payable, the terms and conditions of redemption of the Bonds and in making the the Bonds registrable as to principal only,'are hereby ratified, confirmed and approved. The further action of the ~xecutive Secretary in requesting that the sale of the Bonds be conducted on behalf of the Board of Supervisors by the State Commission o~ Local Debt, and authorizing said Commissio to publish & Notice of Sale of the Bonds in the Richmond Tim~s-Dispatch. in the City of Richmond, Virginia, and in the Daily Bond Buyer~ in the City of New York, New York, on June 18, 1973, and the form and provisions of said No~i~ce of Sale as so published and circulated by the State Commission on Local Debt are hereby ratified, confirmed and approved. SECTION 4. CUSIP identification numbers Shall be imprinted on the-Bonds. S~ch numbers shall not, however, constitute a part of the contract evidenced by the Bonds, and no liability shall attach to the County or any of the officers or agents thereof, including the paying agents for the Bonds, on account of any error or omission with respect to said numbers. SECTION 5~ This resolution shall take effect immeditately upon its adoption. On motion of Mr. Krepela, seconded by Mr. O'Neill, the meeting is adjourned at 12~50 P.M. to 1:00 P.M. on June 27, 1973. M. W. Burnett, Secretary Irvin }{orner, Chairman