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08-22-1973 MinutesVIRGINIA: At an adjourned meeting of the Board Of Supervisors of Chesterfield County, held at the Courthouse on August 22, 1973 at 1:00 P.M. Present: Mr. Irvin G. Morner, 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. Burnett, Co. Administrator Mr. G. C. Manuel., Asst. Co. Admin. Mr. Robt. A. Painter, Co. Eng. Mr. William Prosise, Asst. Co. Eng. Mr. Michael Ritz, Co. Planner On motion 6f Mr. Apperson, seconded by Mr. minutes of July 23, 24 and 25 and August 8 are approved. Ayes: Mr, Morner, Mr. Myers, Mr. Apperson Myers, it is resolved that the and 9, 1973, be and they hereby and Mr. Krepela. On motion of Mr. Apperson., seconded bY Mr. Myers, it is resolved that the following water contracts be and the same are hereby.approved: W73-56DU Rockdale Road $800.00 W73-55CD 360 West ShOpping Center $4,664.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that Sewer contract S73-50D for Berwick Village, Phase III in the amount of $13 782.00 be approved. ' ' Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that Contract S70-32-1 be amended by adding $13,595.50 due to the increase in the scope of the project. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this Board rejects the one bid from the McLane Construction Company for installing sewers on the Upper Falling Creek. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded .by Mr. Apperson, it is resolved that this Board rejects the bid from the 3-M Company on the construction of sewers near the Ling King Restaurant. .Ayes: Mr~ Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill it is resolved that the application of Days Inn on the Bellwood lagoon And the new manufacturing plant to be located north of Kingsland Creek and east of Route 95, for sewer service at the Bellwood lagoon, be given approval. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that permission be given for a connection for Clarence Perdue who lives on Wells Street, next to the sewer system discharging to Old Town Creek lagoon. 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 t~t on the request of the County Engineer, a sixty (60) day extension of time for Project 6511-28 be given to W. C. English~ Ind. because of excessive rock in the area. 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 Chairman of this Board be authorized to sign an agreement with the Southern Railway System for the installation of a 27" sewer pipe crossing said Railway 5,960 ft. south of Mile Post F-129, the same being the County's Project S72-54CD- Ayes: Mr. Horner, Mr. Myers, Mr. Apperson~ Mr. Krepela and MT. O'Neill. r. William Prosise comes before the Board to give a report on roads in various subdivisions which have unfinished streets. Qf the approximate twenty-five (25) letters sent to subdividers who own roads in this category, all but four have responded promising to take care of the conditions before November 1, 1973. Upon ·consideration whereof, and on motion of Mr. Krepela, seconded by. Mr. O'Neill, it is resolved %hat all building and other permits including Certificates of Occupancy be.ldenied as of this date to Mr. Sarland Ittner-Fernlea~ Mr. Luther Caudle-Genito Estates and Rolling Hills~ R. G. Martz-Hickory Hills and .Dr. David Grandis-Newbury Town, and if compliance occurs then these restrictions hereby imposed are lifted. Upon further consideration of the problems of locating families on streets not acceptable· to the County, it is on motion of Mr, Krepela, seconded bY Mr. Myers, resolved that permits of all types including Occupancy permits be denied to those developers after November 1, 1973, if roads are not hard-surfaced to meet the County's specifications and if Said roads have Occupied homes on same. HoweVer, building permits may be issued On graveled roads With no occupied homes but no Occupancy Permits will be issued until the road is improved to meet the County's specificatiOns. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Apperson abstains. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sewer connection to the Church of the Nazarene to the County's system be allowed at cost, to the church. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krep~la and Mr. O'Neill. There was presented a financial statement and audits of the RMA for the year ending June 30, 19~3, which papers are filed with the minutes of this Board. On motion of Mr. Apperson, seconded by Mr. Krepela, i% is resolved that this Board requests the Judge of the Circuit Court, the Honorable Ernest P. Gates to re-appOint as School Guards, with special Police powers, beginning September 1 1973, the-following persons: Margaret Davis Jean G. Lavene Anna M. ~ohnson Frances G. Coffey Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. J. H~ Rogers, Chairman of the Christmas Program Committee, comes before the Board requesting the County to donate $200.00 to this endeavor and generally described the progress of this program. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the sum of $200.00 be paid to the Christmas Prqgram. 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 approves the request for a fireworks display at Dodd's Mobile Homes on Route 1 on August 28, 1973. 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 following erroneous tax claims be and they hereby are approved for p~yment: John L. Smith Personal Property tax $29.58 8418 Huntwood Ct. Richmond, Virginia 23235 Insurance Co. of North America Auto license 10.00 1506 Willow Lawn Drive Richmond, Virginia Mr. Myers, Mr. Apperson, Mr. Krepela and }~. O'Neill. On Motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the sum of $10..00 be paid to Raymond E. Taylor for the destruction by dogs of a White Rock Rooster, approximately 10 lbs. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the sum of $120.00 be paid to Darrell Adkins for the destruction by dogs of 101 Rhode Island Red chickens, 7 months old. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that since the Highway Department has notified the County that there will be no Interchange on Rt. 95 at Bellwood Road, that this Board now requests the Highway Department to construct a full Interchange at the intersection of 95 and Reymet Road, such Interchange to serve the present Reynolds Industrial plant and other concerns in the area, as well as the industrial acreage tributary to this Interchange involving an excess of 1,000 acres. Ayes: Mr. Myers, Mr. Apperson, Mr, Krepela and Mr. O'Neill.' On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board requests the Highway Department to improve Willis Road at its intersection with Rt. 95 when Rt. 95 is widened, at the East to Burge Avenme and Pams Avenue on the west. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It was cited that the Thirteen Fourteen W. Main Corporation had signed an agreement with the County saving the County harmless for no= obtaining an easement to the Black Heath Subdivision in Midlothian District and said Corp- oration now requested the County to save the State Highway Department harmless so that roads in the Black Heath Subdivision can be accepted by the Highway Department. On motion of Mr. Krepela, seconded by Mr, Apperson, it is resolved that the Chairman and Clerk of this Board are authorized to sign this agreement with the Thirteen Fourteen W. Main Corporation and requests the Highway Department to acce.pt the roads in the Black Heath Subdivision. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. There was read a suggested notice for parking tickets to be issued on County- owned property. It was generally agreed that tickets be prepared with the suggested wording. .. It was reported that on the 306,400 acres in the County of Chesterfield, that only 57-acres were burned during the fiscal year, 1972-73. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the County Engineer be requested to ascertain the cost of providing fire protection to the Watkins School on the Coalfield Road. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, be it Resolved by the Board of Supervisors of Chesterfield county that the application'of the Robert E. Lee Post 2239, Veterans of Foreign Wars of the United States, for permission to conduct Bingo games and/or raffles, having been received by the Board and duly considered, permission is hereby granted said applicant, the Robert E. Lee Post 2239, Veterans of Foreigh Wars of the United States to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On mo'tion of Mr. Apperson, seconded by Mr. Myers, Be it Resolved by the Board of Supervisors of Chesterfield County that the application of the Chesterfield Fire Department No. 11 for permission to conduct Bingo games and/or raffles having been received by the Board and duly considered, permission is hereby' granted said applicant, the Chesterfield Fire Department NO. 11, to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr, Krepela. On motion of Mr. Apperson, seconded by Mr. Myers, Be it Resolved by the Board of Supervisors that the application of theChesterfield County Fair Association for permission to conduct Bingo games and/or raffles, having been received by the Board and duly considered permission is hereby granted said application, the Chesterfield County Fair Association, to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a Variance be awarded to Mr. R. H. Tucker for the construction of a home on an unimproved road, running northwardly from the Happy Hill Road, on Map Mo. 132-6, Parcel 5, with the understanding that the County has no responsibility to construct or maintain this roadway. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Horner~ seconded by Mr. Apperson, it is resolved that a Variance be granted to Mr. Walter B. Taylor for the construction of a dwelling on 3-acres of land, lying at the end of Rt. 623, providing an easement be obtained for ingress and egress from the end of the present right-of-way to the Property in question, and provided further, that the County has no obligation to construct or maintain a roadway to this parcel of land. Ayes: Mr. Horner, Mr. Myersj Mr. Apperson and Mr. Krepela, On motion of Mr. Hornet, seconded by Mr. Myers, it is resolved that a Variance be ~ranted to Mrs. Douglas E. Yeatts for the construction of a dwelling on Parcel 11, Tax Map 86 (1), with the understanding that the County has no responsibility in constructing or maintaining a roadway to this parcel of land. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson and Mr. Krepela. On Motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a" Variance be granted To Mr. John B. Howlett for the construction of a dwelling on Lot 1, Section B, of a proposed subdivision, with the understanding that the County will have no responsibility in the construction of maintenance of a road to this parcel of land. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill, On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the Board of Supervisors of Chesterfield County gives its approval for the construction of a sewage treatment plant to serve the Beach Manor Subdivision, located on Frank's Branch, between State Routes 628 and 630, in Matoaca District. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board authorizes the employment of nineteen (19) additional teachers in the School System, since it appears that the number of pupils attending schools in 'September, 1973 will be far more than anticipated. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it ls resolved that an Ordinance be advertised to establish a method of extending the time of filing Personal Property returns. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. WHEREAS, it is felt that the citizens of the County of Chesterfield should be given some consideration in the development of the Nursing Home as a project, and WHEREAS, the benefits of the County Nursing Home should be brought more forcibly to the citizens of this County, NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that any citizen of the County of Chesterfield residing in the County Nursing Home and on a private pay status will receive a 10% reduction in the monthly charges. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Erepela, it is resolved that Jean Prideaux from the Garland Heights area be appointed to the "Horizon 2000" Committee. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the Purchasing Agent be authorized to sell a surplus sink to the Dale Ruritan Club for $35.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neili. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the !I County Administrator be authorized to negotiate a contract with William Moseley ~ Architect, for plans on a Mental Health building of approximately 6,000.sq. ft,' !i Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'~ ill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the salary of Mr. Jake Mast, Administrator Chesterfield County Nursing Home, be increased 5% on September 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ......... =.~u ~u~u~ ~u~t~n~ra=or araw up with Wilson Assoc. a contract for -= preliminary plans for the Rockwood Park and the Chairman and clerk are authorized to sign a contract for the employment of th~s firm. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the bills for Mr. Kurland and Mr. Gragatt in the Consolidation Case, be paid. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr, Kr~la and Mr. O'Neill. There arose considerable discussion on the methods of developing the concession stands at the Rockland Park and the operation of said concessions. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that Messrs. Mason, Rudy, Ritz and Burnett be requested to prepare a detailed contract with the Chesterfield Ball Club to present to this Board. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Krepela abstains. The Board recesses for dinner at 6:00 P.M. At 7:00 P.M. the Ordinance on Tax Relief for the Elderly was read and discussed. There were two persons in attendance at this meeting concerning this matter. After much discussion of the merits of increasing the aid to the elderly, the problems of bracketing the relief and the resulting qualifications when incomes are not stated correctly, it is on motion O'Neill, seconded by Mr. Apperson, resolved that the following Ordinance be adopted: AN ORDINANCE to amend and reordain Chapter 11, Article I, of the Code of the County of Chesterfield, Virginia, by adding thereto new sections, Section 11-11.4 through ll-ll.6,providing for exemption from real estate taxation by certain elderly persons, owning their homes, and further providing a schedule of exemptions to persons qualifying and the procedure to be followed for claiming such exemptions. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That Chapter 11, Article I, of the Code of the County of Chesterfield, Virginia, be and it is hereby amended by adding thereto new sections to be known and designated as Section 11-11.4, S~.ction 11.11.5 and Section 11-11.6 to be read as follows: , Section 11-11.4. Exemption from real estate taxation by 'certain elderly persons. For the calendar year commencing January, 1974, and no£withstanding any other provision of this chapter, any real estate subject to taxation under this chapter may be temporarily exempted from such tax when any such property is Owned by and occupied as the sole dwelling of a person or persons not less than sixty-five years of age~ subject to the following restrictions and conditions: 1. That the total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein including the excess over fifteen hundred dollars of each of the owner.s relatives living in the dwelling does not exceed seventy-five hundred dollars. 2. That the net combined financial worth, including as of the thirty-first day of December of tbs immediately ~quiDable interests, preceding calendar year, Df the owners, and of the spouse of any owner, excluding the value of the dwelling and one acre of. land upon which it is situated does not exceed twenty thousand ]ollars. Section 11-11.5, Sehedule of exemptions permitted. When the total combined income from all sources and the net combined financial ~orth of the person or persons qualifying does not exceed the limits prescribed in Section 11-11.4 the amount of exemption from real estate taxation shall be in accordance with the following schedule: Income Percentage of Exemption through $7,500 100% ection 11-11.6. Procedure for claiming exemption 1. The person or persons claiming such exemption shall file annually with the Commissioner o~ the Revenue of the County, on forms to be supplied by the Sounty, an affidavit setting forth names of the related persons occupying such real estate, the total combined net worth, including equitable interest, and the zombined income from all sources of the person or persons see~ing to qualify. Phe commissioner of the Revenue-shall also make such further inquiry of persons ~eeking such exemption requiring answers under oath as may be reasonably ~ecessary, including p~oduction of certified tax returns, t~ determine qualificationl ~. Such affidavit shall be filed not later than the first day of March of 2. Such exemption maybe granted for any year following the date that the head of the household occupying such dwelling and owaing title or partial title thereto re'aches the age of sixty-five years. Cheanges in respect to income f~na.nc~al worth, ownership of property or other factors occurring during the ta~able year for which the affidavit is filed and having the effect of exceeding violating the limitations and conditions provided herein shall nullify any exemp- tion for the then current taxable year and the taxable year immediately following. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded bY Mr. O'Neill, ±t is resolved that this Board approves theagreement of the Council on Drug Abuse Control initiating and establishing a Strike Force, with the provision that the southern end of the County be aided in same way by the Strike Force of the Crater District since the need for Drug Abuse Control exists in the southern,part of the County also. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, .it is resolved that the County Administrator seek a status report from the School Administration on the ~onstruc- tion of the Vocational School in the vicinity of the Courthouse. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Apperson states that due to the obvious policy of not approving multi-family projects in the County, that perhaps we should formally adopt a moratorium policy to save the cost of developing plans and presentation for multi-family projects by ~evelopers and after some discussion, Mr. Apperson makes the following motion which ls seconded by Mr. Krepela: Be it Resolved, that a moratorium be declared on multi-family zoning. Ih the discussion of this motion it was pointed out that the only way a moratorium could be formally declared would be to amend the zoning ordinance, a step which would require the Planning Commission's consideration and formal advertising for a publi( hearing. Upon consideration whereof, Mr. Apperson and Mr. Krepela agreed to withdraw the present motion and Mr. Apperson again presents the following resolution which is seconded by Mr. Krepela: Be it Resolved, that the Commonwealth's Attorney be requested to draw an appropriate ordinance which would declare a moratorimm oi suitable time on multi= family and Townhouse zoning in the County. Upon further consideration, Mr. Myers offers a substitute motion, which was seconded by Mr. O'Neill: Be it Resolved, to exclude the districts of Matoaca and Bermuda from any moratorium of multi-family construction. After much discussion of this matter, a vote was taken on the substitute motion: Ayes: Mr. Myers and Mr. O'Neill. Nays: Mr, Homer, Mr. Apperson and Mr. Krepela. A vote taken on the original motion: Ayes: Mr. Horner, Mr. Apperson and Mr. Kre~ela Nays: Mr. Myers and Mr. O'Neill On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved-that the Fall recreational Program presented by Carl Wise be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The Chairman presented a letter from Mr. Henry Howell thanking the Board for the opportunity to meet and discuss problems facing Chesterfield County. Letters from the following persons were also pres'ented: 1. Mrs. Elsie Elmore, President, League of Women's Voters, congratulating ~he County for building the Juvenile Detention Home. 2. Mrs. Mary Leu Wiley - Thanking the Board for not passing certain apartment and Townhouse .zoning. On motion Of Mr. Krepela, seconded by Mr, Apperson it is resolved that the County!~ ~dministrator thank Governor Godwin for meeting wi~h the Board to discuss the vita~ issues presently affecting the County citizens. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Horner gives a brief discussion of the 3-C Study and its ramifications. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this Board adjourn at 9:45 P.M. to 5:00 P.M. on Augus/t 30, 1973. · W. Bur~ett, Secretary ~-~/rvin G. R~orh~er, Chairman