12-19-1966 MinutesVIRGINIA: At an adjourned meeting of the
Board of Supervisors of Chesterfield
County, held at the Courthouse on
December 19, 1966, at 7:30 p.m.
Present:
Mr. Irvin G. Homer, Chairman
Mr. H. T. Go]me
Mr. R. J. Britton.
Mr. J. Ruffin Apperson
Mr. Herbert O. Browning
Mr. A. R. Martin
Mr. Oliver D. Rudy, Comm. Atty.
Mr. Robt. Eanes, Fire Marshall
Mr. M. W. Burnett, Exec. Sec'y.
Mr. John E. Longmire, Asst.
The Commonwealth's Attorney advised the Board that there was no restrictions again-!:
st the County at this time in the matter of constructing a sewage lagoon on the
Ashton Creek and that the Use Permit had been approved by the Board of Zoning
Appeals and sustained by the Circuit Court in an appeal by Mr. John Booten.
On motion of Mr. Britton, seconded by Mr. Apperson, it is resolved that the County ~
Engineer be authorized to proceed immediately with the construction of this tagoon.~
WHEREAS, Mr. Lawrence Hargrave has been an active member of the Ettrick
Volunteer Fire Deoartment since the inception of said Department in 1931; and
WHEREAS, Mr. Lawrence Hargrave has performed his many duties with the
Ettrick Volunteer Fire Department with dedication and distinction and has always
conducted himself in an exemplary fashion; and
WHEREAS, on December 2, 1966, Mr. Lawrence Hargrave departed this life and
left his manyfriends and associates.
NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Herbert O. Browning,
seconded by Mr. A. R. Martin, that this Board publicly records its appreciation
for the long life of service to the citizens of Chesterfield County given by Mr.
Lawrence Hargrave and wishes to extend its heartfelt sympathy and condolences to
his widow and family.
WHEREAS, Mr. Mack D. Moore was the Principal of Meadowbrook High School
since said school was built in 1963; and
WHEREAS, Mr. Mack D. Moore was a dynamic force in making Meadowbrook High
School the great school it is today and one that answers all of the needs of a
growing community; and
WHEREAS, on October 29, 1966 Mr. Mack D. Moore was the victim of a fatal
heart attack;
NOW, THEREFORE, BE IT RESOLVED, on motion of M~r. J. Ruffin Apperson,
seconded by Mr. Herbert O. Browning, that this Board of Supervisors publicly
commends the late Mr. Mack D. Moore for a dedicated life of public service and
offers to his widow and family its sincere and heartfelt condolences.
AND BE IT FURTHER RESOLVED, that the Board of Supervisors heartily approves-
of and commends the School Board in the naming of the Stadium at the Meadowbrook
High School the "MACK D. MOORE STADIUm".
There was a general discussion concerning the bond for collectors of trash and
garbage, and after due ~onsideration, it is on motion of Mr. Apperson, seconded by
Mr. Browning, resolved that the following ordinance be and it hereby is adopted:
AN ORDINANCE to amend The Code of the County of Chesterfield, Virginia,
Section 3-9, to provide for compensated trash and garbage collectors to maintain
an office and telephone with the County and to provide for a bond, cash, real
estate, or with corporate surety, before a license to collect garbage and trash is
issued, and providing for forfeiture of the bond in certain instances.
BE IT ORDAINED By THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:~
1. That Chapter 3-9 of The Code of the County of Chesterfield be amended and
readopted as follows:
Sec. 3-9. Amendments.
Application for license to engage in the business or practice of collecting
or transporting waste shall be made on forms provided by the Commissioner of the
Revenue. Applications must be filed separately for each truck operated for this
purpose and no truck shall be operated at any time for the puroose until it shall
have been licensed. A separate license will be issued for each truck and one or
more licenses may be issued to a single. The Commissioner of the Revenue may
revoke a license for any violation of this regulation, and he may revoke all
licenses issued to a collector for a violation by any of his trucks. Each license.
shall be issued for one year for which there shall be paid a fee of five dollars,
payable uoon the date of issuance. Before any license is issued by the Commission-
er of the Revenue the applicant must prove to the satisfaction of the Commiesioner
of the Revenue that said applicant maintains a telephone and shall also-set forth
certain hours during every working day during which someone will be available to
answer said telephone relating to the collection by the said aoolicant of said
garbage and/or trash. The applicant, before the license is issued, shall also
execute and deliver a bond payable to the County, either cash, real estate, or witB
corporate surety, in an amount to be determined by the Commissioner of the Revenuei
approved by the Commonwealth's Attorney and conditioned to faithfully and fully
perform all contracts made with residents, individual or corporate, of the County
for the collection of trash and/or garbage, and in said performance to comply with.~
all applicable terms of Chapter 3, Articles 1 and 2 as hereinabove set forth, and
save the County harmless, as well as any other person, from all expenses that may ·
be caused by any negligence, defective or inadequate performance done in the Counts
under the licenses. In determining the amount of bone to be required by the County,
the Commissioner of the Revenue must take-into account the following factors:
(1) the annual gross receipts of the, applicant; (2) the extent of the applicant's
collection route in the county; (3) the number of prepaid service charges
received or solicited by the applicant; (~) the experience of the applicant in
performing services under this chapter. In no case shall the bond required exceed
Five Thousand Dollars ($5,000.00}. Notice of non-performance or defective or
inadequate performance done in regard to contracts for the collection of garbage
and?or trash shall be made in writing t~ the Commissioner of the Revenue with a
cody sent to the aoplicant at his place of business. If the surety on a bond
required by the commissioner of the Revenue is real estate said real estate bond
shall be renewed every twelve (12) months from the date said bond goes into effect.
The bond when approved by the Commonwealth,s Attorney shall be filed with the
Commissioner of the Revenue. Failure of a licensee to perform his duties under
any contracts made for the collection of trash and/or garbage for two collection
periods under the contract for services involved shall give the Commissioner of
the Revenue the authority to forfeit the bond referred to herein to the. exSent of
all expenses or damages attributable to the non-performance or negligent perform-
ance of the duties required of trash and garbage collectors mnder this section, as
well as the authority to revoke said license as set forth above. Whenever. the
Comm~sioner of the Revenue shall have been advised by the Board of Supervisors
'that in its opinion sUfficient, licenses have been issued and waste collection is
being prooerly provided for the entire County, no additional licenses shall be
issued unless the need for additional waste collection is apparent.
An emergency existing, this ordinance shall be in full force and effect on January
1, 1967.
On motion of Mr. Britton, seconded by Mr. Martin, it is resolved that the game
claim of Mr. F. E. Watkins in the amount of $16.00 be and it hereby is approved
for payment.
On motion of Mr. Apoerson, seconded by Mr. Browning, it is resolved that the
request of the Treasurer for the County to Share one-half of an additional
appropriation of $2000.OO~for extra help in the calendar year 1966, be and it
hereby is approved.
On motion of Mr. Apperson, Seconded by Mr. Browning, it is resolved that the
County employees be paid prior to the Christmas holidays.
On motion of Mr. Apperson, se6onded by Mr. Britton, it is resolved that the
Tremurer of the County be and he hereby is requested to transfer from the Waker
Revenue Fund each month an amount smfficient to pay the interest on temporary
loans to the Water Dept. Fund.~
On motion of Mr. Apperson, seconded by Mr. Martin, it is resolved that Mr. John A,
Cutrona be employed to work in the Data Processing Department to assit Mr. Ed
Thacker.
WHEREAS, the Department of Highways of the Commonwealth of Virginia has
recently embarked upon the enforement of a policy adopted November 23, 1964
regarding utility lines crossin~ subdivision roads and secondary roads throughout
the State of Virginia; and
WHEREAS, for many years and on many different occasions the Highway Depart-
ment has accepted roads into the system for maintenance which roads had easements
crossing said roads without any quitclaim or release of these easements by the
utility comoanies; and
WHEREAS, there are several ~ubdivisions in the County as of the date of
this resolution in which the roads have been constructed to HighwAy Department
specifications and are ready to be taken into the system and which the Highmw~ y
Department at the eleventh hour declined to take into the system until easements
which cross these roads were quitclaimed by the various utility companies in
exchange for a work permit across the road; and
WHEREAS, the sole question involved in most of the above-mentioned utility
line crossings is the question of who shall bear the cost of relocation in the
event of a future chanEe in grade in these roads; and
WHEREAS, it is highly unlikely, especially in the case of subdivision roads,i
that the grade will ever be changed and if changed would not involve additional
acquisition of right of way; and
WHEREAS, this entire action on the part of the Department of Highways is
apparently one of policy and not of law;
NOW, THEREFORE, be it resolved ~F ~he Board of Supervisors of Chesterfield
County, Virginia, that the Highway Department be requested to re-examine its
established policy in the light of the probability of future occur~nces of the
facts mentioned above and cooperate with the localities, utility companies and ...........
real estate develOpers ~hroughout the Commonwealth by adooting ~ policy which
would allow the exercise of discretion by local hi~hwa o~fic' ·
of roads znto the Secondary system, o Y lals in the acceptance
BE IT FURTHER RESOLVED, that in the case of existing subdivision roads in
Chesterfield Eounty which were built to Highway DeoarSment specifications and
aporoved by the Highway Department be taken into the system immediately to relieve
the developers of the costs of maintenance temporarily at least until the Highway
Department re-examines its existing policy in this regard.
On motion of Mr, Apperson, seconded by Mr. Goyne, it is resolved that this Board
adjourn at 9:30 o.m. to 2:00 p.m. on December 29, 1966.
Executive Secretary
Chairman